(2) Notwithstanding any provision of ORS chapter 238, any person who is employed by a participating public employer on or after August 29, 2003, and who has not established membership in the Public Employees Retirement System before August 29, 2003, is entitled to receive only the benefits provided under the Oregon Public Service Retirement Plan for periods of service with participating public employers on and after August 29, 2003, and has no right or claim to any benefit under ORS chapter 238 except as specifically provided by this chapter.
(3) Any person who is a member of the Public Employees Retirement System on August 28, 2003, is entitled to receive the benefits provided by ORS chapter 238 for all service performed before, on and after August 29, 2003, unless the person’s membership in the system is subsequently terminated under ORS 238.095. If the person’s membership in the system is terminated under ORS 238.095 on or after August 29, 2003, the person is entitled to receive the benefits provided under the Oregon Public Service Retirement Plan for periods of service with participating public employers after the termination of membership.
(4) A person establishes membership in the system before August 29, 2003, for the purposes of this section if:
(a) The person is a member of the system, or a judge member of the system, on August 28, 2003; or
(b) The person performed any period of service for a participating public employer before August 29, 2003, that is credited to the six-month period of employment required of an employee under ORS 238.015 before an employee may become a member of the system.
(5) Except as provided in this chapter, ORS chapter 238 does not apply to the Oregon Public Service Retirement Plan.
(6) The provisions of this section do not apply to a person elected or appointed as a judge as defined in ORS 238.500. [2003 c.733 §2; 2005 c.332 §6; 2005 c.808 §9; 2007 c.624 §1; 2007 c.769 §1a]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 238A - Oregon Public Service Retirement Plan
Section 238A.005 - Definitions.
Section 238A.025 - Oregon Public Service Retirement Plan established.
Section 238A.030 - Information technology system.
Section 238A.050 - Oregon Public Service Retirement Plan part of Public Employees Retirement System.
Section 238A.070 - Participation generally.
Section 238A.100 - Establishing membership under pension program.
Section 238A.110 - Termination of membership.
Section 238A.117 - Vesting of member killed in course and scope of employment.
Section 238A.120 - Withdrawal from pension program by vested inactive member.
Section 238A.125 - Amount of pension; rules.
Section 238A.130 - Final average salary; rules.
Section 238A.140 - Accrual of retirement credit.
Section 238A.142 - Accrual by academic employees of community college.
Section 238A.145 - Loss of retirement credit.
Section 238A.150 - Retirement credit for service in uniformed services; rules.
Section 238A.155 - Retirement credit for periods of disability.
Section 238A.160 - Normal retirement age; normal retirement date.
Section 238A.165 - Earliest retirement age; earliest retirement date.
Section 238A.170 - Latest retirement date; required minimum distributions; rules.
Section 238A.190 - Survivorship benefits.
Section 238A.200 - Actuarial equivalency factor tables.
Section 238A.210 - Cost-of-living adjustment.
Section 238A.220 - Employer contributions.
Section 238A.230 - Death benefit; rules.
Section 238A.235 - Disability benefit.
Section 238A.240 - Funding of disability benefit.
Section 238A.245 - Reemployment after commencement of pension benefits.
Section 238A.250 - Option of legislators to receive certain benefits.
Section 238A.300 - Establishing membership under individual account program.
Section 238A.305 - Persons establishing membership in system before August 29, 2003.
Section 238A.310 - Termination of membership.
Section 238A.330 - Employee contributions.
Section 238A.335 - Employer payment of employee contribution.
Section 238A.340 - Employer contributions.
Section 238A.350 - Individual accounts established.
Section 238A.353 - Employee pension stability accounts established.
Section 238A.360 - Rollover contributions; rules.
Section 238A.375 - Distribution of accounts to inactive member.
Section 238A.400 - Payment of accounts at retirement; rules.
Section 238A.410 - Death benefits; rules.
Section 238A.415 - Credit for service in uniformed services; rules.
Section 238A.420 - Investment options under individual account program; rules.
Section 238A.430 - Direct rollovers; rules.
Section 238A.435 - Distribution of death benefit as rollover distribution.
Section 238A.450 - Rules for Oregon Public Service Retirement Plan.
Section 238A.460 - Limitation on powers of board, director and staff.