(2) Except as provided in this section, the period or periods of employment by one or more public employers of a retired member who is reemployed under this section may not total 1,040 hours or more in any calendar year.
(3) A retired member who is receiving old-age, survivors or disability insurance benefits under the federal Social Security Act may be employed under this section for the number of hours permitted by subsection (2) of this section, or for the number of hours for which the salary equals the maximum allowed for receipt of the full amount of those benefits to which the person is entitled, whichever is greater.
(4) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed as a teacher or as an administrator, as those terms are defined in ORS 342.120, if the retired member is employed by a school district or community college district located within a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census, or is employed by an education service district and the retired member’s primary work duties are performed in a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census. A retired member who is employed under this subsection as a teacher, as defined in ORS 342.120, by the same public employer that employed the member at the time of retirement remains in the same collective bargaining unit that included the member before retirement.
(5) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed:
(a) By the sheriff of a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;
(b) By the municipal police department of a city with a population of fewer than 15,000 inhabitants, according to the latest federal decennial census;
(c) By the state or a county for work in a correctional institution located in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;
(d) By the Black Butte Ranch Rural Fire Protection District, the Black Butte Ranch Service District or the Sunriver Service District;
(e) By the Oregon State Police for work in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;
(f) As a deputy director or assistant director of the Department of Human Services, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section;
(g) As a deputy director or assistant director of the Oregon Health Authority, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section;
(h) As a special campus security officer commissioned by the governing board of a public university listed in ORS 352.002 under ORS 352.118;
(i) As a security officer for a community college, as defined in ORS 341.005; or
(j) By the Harney County Health District as a person licensed, registered or certified to provide health services.
(6) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed to temporarily replace an employee who serves in the National Guard or in a reserve component of the Armed Forces of the United States and who is called to federal active duty.
(7) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed by a road assessment district organized under ORS 371.405 to 371.535.
(8) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is a nurse and is employed by a public employer as a nurse or for the purpose of teaching nursing during the period in which a nursing workforce shortage declared by the Legislative Assembly or the Governor is in effect.
(9)(a) Except as provided in paragraph (b) of this subsection, subsections (4) to (8) of this section do not apply to any member who retires under the provisions of ORS 238.280 (1), (2) or (3).
(b) Subsection (4) of this section applies to a person who retires under the provisions of ORS 238.280 (1), (2) or (3) as long as the person is absent from service with all participating public employers for at least six months before the date the person is employed under subsection (4) of this section.
(10) Employment under this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under this chapter.
(11) Hours worked by a person employed under subsections (4) to (8) of this section shall not be counted for the purpose of the limitations on employment imposed by subsections (2) and (3) of this section. [Formerly 237.143; 1997 c.178 §1; 2001 c.874 §2; 2003 c.625 §34; 2005 c.808 §40; 2007 c.307 §1; 2007 c.404 §4; 2007 c.774 §1; 2007 c.789 §4; 2009 c.390 §1; 2009 c.868 §§3,5; 2011 c.720 §69; 2019 c.152 §5; 2019 c.496 §2; 2021 c.135 §1]
Note: Sections 34, 35 and 38, chapter 355, Oregon Laws 2019, provide:
Sec. 34. Section 35 of this 2019 Act is added to and made a part of ORS chapter 238. [2019 c.355 §34]
Sec. 35. Employment of retired member without limitation on hours during calendar year 2020, 2021, 2022, 2023 or 2024.
(1) Notwithstanding ORS 237.650 and any provision of this chapter [ORS chapter 238] and subject to the limitations in this section, during calendar year 2020, 2021, 2022, 2023 or 2024, a participating public employer may employ any retired member without limitation on the hours worked by the retired member if the administrative head of the public employer is satisfied that the employment is in the public interest.
(2) A public employer that employs a retired member during calendar year 2020, 2021, 2022, 2023 or 2024 shall contribute to the Public Employees Retirement Board the percentage of the member’s wages that would have been contributed to the board under ORS 238.225 if the member were an active member of the Public Employees Retirement System. Employer contributions made under this section are in addition to employer contributions made under ORS 238.225. The board shall apply contributions made by a public employer under this subsection against the liabilities of the public employer. The board shall adopt rules governing payments made under this subsection.
(3) This section does not apply to any member who retires under the provisions of ORS 238.280 (1), (2) or (3), unless the person is absent from employment with all participating public employers for at least six months before the date the person is employed under this section.
(4) Employment under this section does not affect the status of a person as a retired member of the system and a recipient of retirement benefits under this chapter. [2019 c.355 §35; 2021 c.135 §2]
Sec. 38. Sections 35 and 37 of this 2019 Act are repealed on January 2, 2025. [2019 c.355 §38]
Note: Sections 2 and 3, chapter 499, Oregon Laws 2007, provide:
Sec. 2. (1) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member who is a registered nurse and who is employed by a public employer as a nursing instructor.
(2) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member who is employed by the Department of Public Safety Standards and Training for the purpose of providing training under ORS 181.610 to 181.712 [series became 181A.355 to 181A.689].
(3) This section does not apply to any member who retires under the provisions of ORS 238.280 (1) or (3).
(4) Hours worked by a person employed under this section shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3).
(5) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter. [2007 c.499 §2; 2009 c.390 §§3,10]
Sec. 3. Section 2, chapter 499, Oregon Laws 2007, is repealed January 2, 2026. [2007 c.499 §3; 2015 c.108 §1]
Note: Sections 2 to 4, chapter 6, Oregon Laws 2016, provide:
Sec. 2. (1) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member who is employed by a school district or education service district to provide services as a speech-language pathologist or speech-language pathology assistant.
(2) This section does not apply to any member who retires under the provisions of ORS 238.280 (1) or (3) unless the person’s date of retirement is more than six months before the date the person is employed under this section.
(3) Hours worked by a person employed under this section may not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3).
(4) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter [ORS chapter 238]. [2016 c.6 §2]
Sec. 3. Section 2 of this 2016 Act applies to hours worked by a person employed by a school district or education service district to provide services as a speech-language pathologist or speech-language pathology assistant on and after January 1, 2016. [2016 c.6 §3]
Sec. 4. Section 2 of this 2016 Act is repealed January 2, 2026. [2016 c.6 §4]
Note: Sections 2 and 3, chapter 475, Oregon Laws 2015, provide:
Sec. 2. (1) As used in this section, "teacher of career and technical education" means a teacher licensed by the Teacher Standards and Practices Commission to instruct any career and technical education course or program in any career and technical education field.
(2) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member who is employed by a school district or an education service district as a teacher of career and technical education.
(3) This section applies to a person who retires under the provisions of ORS 238.280 (1), (2) or (3) as long as the person’s date of retirement is more than six months before the date the person is employed under this section.
(4) Employment under this section does not affect the status of a person as a retired member of the Public Employees Retirement System and a recipient of retirement benefits under this chapter.
(5) Hours worked by a person employed under subsection (2) of this section shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3). [2015 c.475 §2]
Sec. 3. Section 2, chapter 475, Oregon Laws 2015, is repealed on June 30, 2023. [2015 c.475 §3; 2018 c.48 §1]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 238 - Public Employees Retirement System
Section 238.005 - Definitions.
Section 238.008 - Computation of salary.
Section 238.015 - Membership generally.
Section 238.035 - Membership of part but not all employees of a public employer.
Section 238.068 - Membership of legislators.
Section 238.078 - Reemployment of retired members.
Section 238.082 - Limits on hours worked by retired members.
Section 238.088 - Appointment or election of retired member to public office.
Section 238.095 - Termination of membership.
Section 238.105 - Restoration of credit forfeited by reason of termination of membership.
Section 238.125 - Credit for probationary period of employment.
Section 238.135 - Credit for probationary periods in seasonal positions.
Section 238.148 - Credit for service as public safety officer in another state.
Section 238.160 - Retirement credit for service while on loan to federal government.
Section 238.162 - Retirement credit for service as teacher in public schools of another state.
Section 238.165 - Credit for certain periods of employment by Legislative Assembly.
Section 238.175 - Retirement credit for periods of disability.
Section 238.200 - Employee contributions generally.
Section 238.205 - Payment of employee contribution by employer.
Section 238.215 - Contributions by certain higher education employees.
Section 238.220 - Employee rollover contributions; rules.
Section 238.227 - Pooling of employers for purpose of computing employer contributions.
Section 238.232 - Choice of amortization period for certain lump sum payments to side accounts.
Section 238.255 - Credits to regular accounts when earnings less than assumed interest rate.
Section 238.260 - Variable Annuity Account; rules.
Section 238.265 - Withdrawal of member account.
Section 238.280 - Eligibility for retirement.
Section 238.285 - Verification of retirement data.
Section 238.300 - Service retirement allowance.
Section 238.305 - Optional service retirement allowance calculations.
Section 238.310 - Minimum service retirement allowance.
Section 238.320 - Disability retirement allowance.
Section 238.325 - Optional disability retirement allowance calculations.
Section 238.330 - Minimum disability retirement allowance.
Section 238.350 - Use of unused leave to increase retirement allowance; rules.
Section 238.360 - Cost-of-living adjustments.
Section 238.364 - Calculation of increased benefit payable under ORS 238.362.
Section 238.366 - Retirement allowance increase based on years of service.
Section 238.368 - Retirement allowance increases for members who retired before January 1, 1991.
Section 238.372 - Increased benefits not payable to nonresidents.
Section 238.374 - Applicant’s statement; resumption of residency.
Section 238.376 - Nonresidency after benefits commenced; required statement; subsequent residency.
Section 238.378 - Information from Department of Revenue.
Section 238.390 - Death benefit.
Section 238.395 - Additional death benefit.
Section 238.405 - Death benefit payable to survivors of certain police officers or firefighters.
Section 238.407 - Distribution of death benefit as rollover distribution.
Section 238.410 - Board may contract for insurance for retirees; rules.
Section 238.415 - Payment toward cost of pre-Medicare insurance; rules.
Section 238.420 - Payment toward cost of Medicare supplemental insurance.
Section 238.440 - Optional purchase of benefit units by police and firefighters.
Section 238.442 - Prior service credit.
Section 238.445 - Benefits exempt from execution, bankruptcy and certain taxes; exceptions.
Section 238.450 - Computation of retirement allowance or benefit; notice of dispute.
Section 238.455 - Estimated benefit payments.
Section 238.458 - Unclaimed benefits.
Section 238.460 - Waiver of retirement allowance.
Section 238.462 - Spousal consent required for certain optional forms of retirement allowance.
Section 238.465 - Benefits payable to others under certain judgments; rules.
Section 238.485 - Fund established.
Section 238.488 - Payment of benefits; employer contributions.
Section 238.490 - Administrative expenses.
Section 238.492 - Rules for administration of fund.
Section 238.500 - Definitions for ORS 238.500 to 238.585.
Section 238.505 - Judges as PERS members.
Section 238.515 - Contributions.
Section 238.535 - Service retirement allowance.
Section 238.538 - Health benefit plans for certain retired judge members.
Section 238.545 - Withdrawal of member account; retirement allowance of inactive judge member.
Section 238.555 - Disability retirement allowance.
Section 238.565 - Judge’s beneficiaries; spouse’s pension.
Section 238.575 - Cost-of-living adjustments; ad hoc increase.
Section 238.580 - Application of PERS laws to judges.
Section 238.600 - System established; legislative intent.
Section 238.605 - Actuarial report on system; determination of unfunded actuarial liability.
Section 238.606 - Independent review of actuarial report on system; reports.
Section 238.607 - Actuarial equivalency factor tables.
Section 238.610 - Administrative expenses of system; rules.
Section 238.615 - Revolving fund for payment of administrative expenses.
Section 238.630 - Board generally; rules.
Section 238.640 - Qualifications of board members.
Section 238.650 - Rules of board; written plan document.
Section 238.657 - Board counsel.
Section 238.660 - Fund generally; board review of legislative proposals.
Section 238.670 - Reserve accounts in fund.
Section 238.680 - Integration of other retirement systems.
Section 238.685 - Method of payment of unfunded obligation under integration contract.
Section 238.690 - Integration of retirement plan of mass transit district.
Section 238.692 - Definitions for ORS 238.692 to 238.698.
Section 238.696 - Debt service trust fund.
Section 238.697 - Requirements for issuance of bonds.
Section 238.698 - Funds diversion agreement.
Section 238.705 - State departments to remit contributions and furnish reports.
Section 238.715 - Recovery of overpayments; rules.
Section 238.730 - Unfunded Actuarial Liability Resolution Program.