ORS 238A.305¹
Persons establishing membership in system before August 29, 2003

(1) Except as provided in subsection (2) of this section, all members of the Public Employees Retirement System who established membership in the Public Employees Retirement System before August 29, 2003, as described in ORS 238A.025 (Oregon Public Service Retirement Plan established) become members of the individual account program on January 1, 2004.

(2) A member of the Public Employees Retirement System may not be a member of the individual account program during any period of time during which the member is required to make contributions to the system under ORS 238.200 (Employee contributions generally).

(3) Solely for the purpose of determining the amount of the employee contribution for persons who become members of the individual account program under this section, whether paid by the employee or by the employer, the Public Employees Retirement Board shall use the definition of “salary” provided by ORS 238.005 (Definitions). [2003 c.733 §33; 2005 c.332 §17; 2007 c.769 §3]

Notes of Decisions

Replace­ment of regular account by individual account program did not violate Contract Clause of United States Constitu­tion. Robertson v. Kulongoski, 466 F3d 1114 (9th Cir. 2006)

1 Legislative Counsel Committee, CHAPTER 238A—Oregon Public Service Retirement Plan, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors238A.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 238A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano238A.­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