ORS 238.730¹
Unfunded Actuarial Liability Resolution Program

(1) The Public Employees Retirement Board shall establish an Unfunded Actuarial Liability Resolution Program. Under the program, the board shall provide technical expertise to participating public employers in developing funding plans to improve the employers’ funded status and to manage projected employer contribution rate changes. Funding plans developed under the program must be based on actuarial reports prepared under ORS 238.605 (Actuarial report on system).

(2) A participating public employer shall participate in the program.

(3) The board may use moneys in the Employer Incentive Fund established in section 1, chapter 105, Oregon Laws 2018, for reasonable administrative costs incurred under this section. [2018 c.105 §26; 2019 c.355 §54]

Note: The amendments to 238.730 (Unfunded Actuarial Liability Resolution Program) by section 55, chapter 355, Oregon Laws 2019, become operative July 1, 2042. See section 64, chapter 355, Oregon Laws 2019. The text that is operative on and after July 1, 2042, is set forth for the user’s convenience.

238.730 (Unfunded Actuarial Liability Resolution Program). (1) The Public Employees Retirement Board shall establish an Unfunded Actuarial Liability Resolution Program. Under the program, the board shall provide technical expertise to participating public employers in developing funding plans to improve the employers’ funded status and to manage projected employer contribution rate changes. Funding plans developed under the program must be based on actuarial reports prepared under ORS 238.605 (Actuarial report on system).

(2) A participating public employer shall participate in the program.

Note: Sections 1 to 3, chapter 105, Oregon Laws 2018, provide:

Sec. 1. (1) The Employer Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Employer Incentive Fund shall be credited to the fund. Interest earned by the fund may be used under section 2, chapter 105, Oregon Laws 2018, to match lump sum payments made under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer).

(2) Moneys in the fund are continuously appropriated to the Public Employees Retirement Board for the purposes described in sections 2 and 26 [238.730 (Unfunded Actuarial Liability Resolution Program)], chapter 105, Oregon Laws 2018.

(3) Moneys in the fund shall be invested in the Oregon Short Term Fund established under ORS 293.728 (Oregon Short Term Fund). [2018 c.105 §1; 2019 c.355 §46]

Sec. 2. (1)(a) The Public Employees Retirement Board shall establish a process for distributing the moneys in the Employer Incentive Fund established under section 1, chapter 105, Oregon Laws 2018.

(b) The process must allow a participating public employer to apply to reserve matching amounts in the Employer Incentive Fund by committing to make a qualifying lump sum payment of at least $25,000 to an account established under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer).

(2) The board shall adopt rules establishing:

(a) The percentage of a lump sum payment that may be matched by distributions from the fund, not to exceed 25 percent of a qualifying lump sum payment.

(b) The maximum matching amount that may be reserved by a participating public employer, not to exceed the greater of:

(A) Five percent of the unfunded actuarial liability attributable to the employer, as determined in the most recent report prepared under ORS 238.605 (Actuarial report on system); or

(B) $300,000.

(c) The qualifications for lump sum payments that may be matched under this section, including a requirement that a qualifying lump sum payment may not be a payment from moneys borrowed by the employer.

(d) A requirement that the participating public employer participate in the Unfunded Actuarial Liability Resolution Program to develop a plan under section 26, chapter 105, Oregon Laws 2018 [238.730 (Unfunded Actuarial Liability Resolution Program)].

(3)(a) For 90 days after the board begins accepting applications under subsection (1) of this section, a participating public employer may apply to reserve matching amounts from the Employer Incentive Fund under subsection (1) of this section only if the unfunded actuarial liability attributable to the employer, as determined in the most recent report prepared under ORS 238.605 (Actuarial report on system), is more than 200 percent of the employer’s payroll for members of the Public Employees Retirement System.

(b) After the 90-day period described in paragraph (a) of this subsection, any participating public employer may apply to reserve matching funds from the Employer Incentive Fund under subsection (1) of this section.

(4)(a) The board shall approve applications that meet the qualifications established under subsection (2) of this section in the order in which the applications are submitted. The board shall continue approving applications as long as adequate moneys in the Employer Incentive Fund are projected to become available.

(b) After all of the moneys projected to become available in the Employer Incentive Fund are reserved for matching under paragraph (a) of this subsection, the board may establish a waiting list for the remaining timely submitted applications and, if sufficient moneys in the Employer Incentive Fund become available, shall approve, in the order in which the applications were submitted, applications that meet the qualifications established under subsection (2) of this section.

(5) The board shall transfer matching amounts approved under subsection (4) of this section from the Employer Incentive Fund to the approved employers’ accounts established under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer).

(6) The board may transfer moneys from the Employer Incentive Fund to the Public Employees Retirement Fund established under ORS 238.660 (Fund generally) for crediting to the reserves for pension accounts and annuities as provided in ORS 238.670 (Reserve accounts in fund) (2).

(7) The board may use moneys in the Employer Incentive Fund for reasonable administrative costs incurred under this section. [2018 c.105 §2; 2019 c.355 §47]

Sec. 3. (1) Section 2, chapter 105, Oregon Laws 2018, as amended by section 47 of this 2019 Act, is repealed July 1, 2042.

(2)(a) The Employer Incentive Fund established under section 1, chapter 105, Oregon Laws 2018, is abolished on July 1, 2042.

(b)(A) Except as provided in subparagraph (B) of this paragraph, the unexpended moneys remaining in the Employer Incentive Fund on July 1, 2042, shall be transferred to the General Fund.

(B) The unexpended moneys remaining in the Employer Incentive Fund on July 1, 2042, that are attributable to sports betting games, as defined in ORS 461.010 (Definitions), shall be transferred to the Administrative Services Economic Development Fund. [2018 c.105 §3; 2019 c.355 §48]

Note: Section 24, chapter 105, Oregon Laws 2018, and section 52, chapter 355, Oregon Laws 2019, provide:

Sec. 24. (1) The School Districts Unfunded Liability Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the School Districts Unfunded Liability Fund shall be credited to the fund. The fund consists of moneys transferred to the fund under sections 12, 13, 15 and 22, chapter 105, Oregon Laws 2018, and other moneys transferred, allocated or appropriated to the fund.

(2) Moneys in the fund are continuously appropriated to the Public Employees Retirement Board for the purpose of establishing and funding a pooled account to be applied against the liabilities of participating public employers, as defined in ORS 238.005 (Definitions), that are school districts.

(3) Moneys in the fund shall be invested in the Oregon Short Term Fund established under ORS 293.728 (Oregon Short Term Fund).

(4) The board shall establish an account in the Public Employees Retirement Fund for the moneys in the School Districts Unfunded Liability Fund.

(5) The board shall adopt rules providing for:

(a) Proportional distribution to school districts of the moneys in the account established under subsection (4) of this section;

(b) Amortization of the moneys distributed; and

(c) Administration of the account established under subsection (4) of this section in the same manner as accounts established under ORS 238.229 (Effect of lump sum payment to side account on contributions of pooled employer) (2).

(6) No later than February 1 of each odd-numbered year, the board shall report to the Oregon Department of Administrative Services and the Legislative Fiscal Officer an estimate of how moneys will be distributed under this section in the following biennium. [2018 c.105 §24; 2019 c.355 §51]

Sec. 52. The School Districts Unfunded Liability Fund established under section 24, chapter 105, Oregon Laws 2018, is abolished on July 1, 2042. The unexpended moneys remaining in the fund on July 1, 2042, shall be transferred to the General Fund. [2019 c.355 §52]

Note: Sections 27, 28 and 29, chapter 105, Oregon Laws 2018, provide:

Sec. 27. Section 28 of this 2018 Act is added to and made a part of ORS chapter 238. [2018 c.105 §27]

Sec. 28. During each regular session of the Legislative Assembly, the Public Employees Retirement Board shall report to the Joint Committee on Ways and Means on the status of the Employer Incentive Fund established in section 1 of this 2018 Act, the School Districts Unfunded Liability Fund established in section 24 of this 2018 Act and the Unfunded Actuarial Liability Resolution Program established under section 26 of this 2018 Act [238.730 (Unfunded Actuarial Liability Resolution Program)]. [2018 c.105 §28]

Sec. 29. Section 28, chapter 105, Oregon Laws 2018, is repealed on January 2, 2042. [2018 c.105 §29; 2019 c.355 §53]

Chapter 238

Law Review Cita­tions

96 OLR 249 (2017)

1 Legislative Counsel Committee, CHAPTER 238—Public Employees Retirement System, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors238.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 238, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano238.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information