(2) Notwithstanding the definition of "final average salary" provided by ORS 238.005, for the purpose of calculating the retirement allowance of a person who establishes membership in the system on or after January 1, 1996, as described in ORS 238.430, and who is not employed by a local government as defined in ORS 174.116, the term "final average salary" means whichever of the following is greater:
(a) The average salary per calendar year paid to a public employee who is an active member of the system in three of the calendar years of membership before the effective date of retirement of the employee, in which three years the employee was paid the highest salary. The three calendar years in which the employee was paid the largest total salary may include calendar years in which the employee was employed for less than a full calendar year. If the number of calendar years of active membership before the effective date of retirement of the employee is three or less, the final average salary for the employee is the average salary per calendar year paid to the public employee in all of those years, without regard to whether the employee was employed for full calendar years.
(b) One-third of the total salary paid to a public employee who is an active member of the system in the last 36 calendar months of membership before the effective date of retirement of the employee.
(3) For the purposes of calculating the final average salary of a member under subsection (2) of this section, the Public Employees Retirement Board shall:
(a) Include any salary paid in or for the calendar month of separation from employment;
(b) Exclude any salary for any pay period before the first full pay period that is included in the three calendar years of membership under subsection (2)(a) of this section if the three calendar years were consecutive; and
(c) Exclude any salary for any pay period before the first full pay period that is included in the last 36 calendar months of membership under subsection (2)(b) of this section.
(4) Notwithstanding the definition of "final average salary" provided by ORS 238.005, for the purpose of calculating the retirement allowance of a person who establishes membership in the system on or after January 1, 1996, as described in ORS 238.430, and who is employed by a local government as defined in ORS 174.116, the term "final average salary" means whichever of the following is greater:
(a) The average salary per calendar year earned by a public employee who is an active member of the system in three of the calendar years of membership before the effective date of retirement of the employee, in which three years the employee earned the highest salary. The three calendar years in which the employee earned the largest total salary may include calendar years in which the employee was employed for less than a full calendar year. If the number of calendar years of active membership before the effective date of retirement of the employee is three or less, the final average salary for the employee is the average salary per calendar year earned by the public employee in all of those years, without regard to whether the employee was employed for full calendar years.
(b) One-third of the total salary earned by a public employee who is an active member of the system in the last 36 calendar months of membership before the effective date of retirement of the employee.
(5) The normal retirement age is 60 years of age for a member who establishes membership in the system on or after January 1, 1996, as described in ORS 238.430, and who retires as other than a police officer or firefighter.
(6) ORS 238.255 does not apply to any person who establishes membership in the Public Employees Retirement System on or after January 1, 1996, as described in ORS 238.430.
(7) Except as provided in this section, all provisions of this chapter are applicable to persons who establish membership in the system on or after January 1, 1996, as described in ORS 238.430. [1995 c.654 §3; 1999 c.407 §4; 2005 c.808 §33; 2009 c.103 §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.