2017 ORS 243.401¹
Definitions for ORS 243.401 to 243.507

As used in ORS 243.401 (Definitions for ORS 243.401 to 243.507) to 243.507 (Payment of deferred compensation to alternate payee under judgment or order):

(1) “Board” means the Public Employees Retirement Board described in ORS 238.630 (Board generally).

(2) “Council” means the Oregon Investment Council created by ORS 293.706 (Oregon Investment Council).

(3) “Deferred compensation contract” means a written agreement entered into by the state and an eligible state employee under the provisions of ORS 243.440 (Salary reduction for deferred compensation plan).

(4) “Deferred compensation investment program” means the program established by the Oregon Investment Council under ORS 243.421 (Investment program for fund), for investment of assets of the Deferred Compensation Fund.

(5) “Deferred compensation plan” means a plan established by the state or a local government for the deferral of compensation payable to employees of the state or local government and for the deferral of income taxation on that compensation.

(6) “Eligible state employee” means an officer or employee of a state board, commission, department or other instrumentality of state government, including, but not limited to, all officers and employees of the executive, judicial and legislative branches of state government, but excluding:

(a) Persons engaged as independent contractors, except as otherwise specifically allowed by statute;

(b) Persons who are employed in emergency work and whose periods of employment are on an intermittent or irregular basis; and

(c) Persons who are provided sheltered employment or make-work by the state in an employment or industries program maintained for the benefit of such individuals.

(7) “Fund” means the Deferred Compensation Fund established under ORS 243.411 (Deferred Compensation Fund).

(8) “Local government” means a city, county, municipal or public corporation, any political subdivision of the state or any instrumentality thereof, or an agency created by two or more such political subdivisions to provide themselves governmental services.

(9) “Local government deferred compensation plan” means a deferred compensation plan that is established and administered by a local government.

(10) “Local plan participant” means a person participating in a local government deferred compensation plan.

(11) “Participating local government” means a local government that invests all or part of the assets of the deferred compensation plan established by the local government through the deferred compensation investment program.

(12) “State deferred compensation plan” means the deferred compensation plan described in ORS 243.435 (Plan contents) for eligible state employees.

(13) “State plan participant” means a person participating in the state deferred compensation plan, either through current or past deferrals of compensation.

(14) “System” means the Public Employees Retirement System established in ORS 238.600 (System established). [1997 c.179 §2 (enacted in lieu of 243.400)]

Notes of Decisions

Executive Depart­ment correctly ruled that invest­ment of deferred compensa­tion moneys in trust that would invest in corporate stock would violate Article XI, sec­tion 6 of Oregon Constitu­tion which prohibits state ownership of stock because these sec­tions provide that state owns moneys until they are distributed to employe. ICMA Retire­ment Corp. v. Executive Depart­ment, 92 Or App 188, 757 P2d 868 (1988), Sup Ct review denied

Atty. Gen. Opinions

Depositing state funds, especially deferred salaries of state employes, in state and federal-chartered credit unions, (1977) Vol 38, p 911; constitu­tionality of commingling moneys derived from constitu­tional and nonconstitu­tional funds or other trust funds for purposes of deferred compensa­tion program, (1979) Vol 39, p 732; common trust fund sponsored by bank as trustee as invest­ment vehicle for participants in Oregon deferred compensa­tion program, (1979) Vol 40, p 1; providing individual life insurance contracts as op­tion to state employes, (1980) Vol 40, p 250

Chapter 243

Notes of Decisions

Effect of Public Employe Rela­tions Act is to modify authority of Personnel Division so that, while division retains responsibility for es­tab­lishing general job salary grades and classifica­tions, specific salary within each range which is paid to employe in public employe bargaining unit is subject to negotia­tion or arbitra­tion under terms of this chapter. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Provision of collective bargaining agree­ment giving present employes lateral transfer rights was valid under ORS 240.321 (Collective bargaining) and fact that its imple­menta­tion resulted in male succeeding female employe did not violate state af­firm­a­tive ac­tion statutes. State Executive Dept. v. OPEU, 91 Or App 124, 754 P2d 582 (1988)

Atty. Gen. Opinions

State agencies paying carpooling employes’ parking fees, (1974) Vol 36, p 1015

Law Review Cita­tions

51 OLR 23, 44 (1971)

1 Legislative Counsel Committee, CHAPTER 243—Public Employee Rights and Benefits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors243.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 243, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano243.­html (2017) (last ac­cessed Mar. 30, 2018).
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.