2021 Oregon Revised Statutes
Chapter 243 - Public Employee Rights and Benefits
Section 243.105 - Definitions for ORS 243.105 to 243.285.


(1) "Benefit plan" includes, but is not limited to:
(a) Contracts for insurance or other benefits, including medical, dental, vision, life, disability and other health care recognized by state law, and related services and supplies;
(b) Comparable benefits for employees who rely on spiritual means of healing; and
(c) Self-insurance programs managed by the Public Employees’ Benefit Board.
(2) "Board" means the Public Employees’ Benefit Board.
(3) "Carrier" means an insurance company or health care service contractor holding a valid certificate of authority from the Director of the Department of Consumer and Business Services, or two or more companies or contractors acting together pursuant to a joint venture, partnership or other joint means of operation, or a board-approved guarantor of benefit plan coverage and compensation.
(4)(a) "Eligible employee" means an officer or employee of a state agency or local government who elects to participate in one of the group benefit plans described in ORS 243.135. The term includes, but is not limited to, state officers and employees in the exempt, unclassified and classified service, and state officers and employees, whether or not retired, who:
(A) Are receiving a service retirement allowance, a disability retirement allowance or a pension under the Public Employees Retirement System or are receiving a service retirement allowance, a disability retirement allowance or a pension under any other retirement or disability benefit plan or system offered by the State of Oregon for its officers and employees;
(B) Are eligible to receive a service retirement allowance under the Public Employees Retirement System and have reached earliest retirement age under ORS chapter 238;
(C) Are eligible to receive a pension under ORS 238A.100 to 238A.250, and have reached earliest retirement age as described in ORS 238A.165; or
(D) Are eligible to receive a service retirement allowance or pension under another retirement benefit plan or system offered by the State of Oregon and have attained earliest retirement age under the plan or system.
(b) "Eligible employee" does not include individuals:
(A) Engaged as independent contractors;
(B) Whose periods of employment in emergency work are on an intermittent or irregular basis;
(C) Who are employed on less than half-time basis unless the individuals are employed in positions classified as job-sharing positions, unless the individuals are defined as eligible under rules of the board;
(D) Appointed under ORS 240.309, except as required by 26 U.S.C. 4980H;
(E) Provided sheltered employment or make-work by the state in an employment or industries program maintained for the benefit of such individuals;
(F) Provided student health care services in conjunction with their enrollment as students at a public university listed in ORS 352.002; or
(G) Who are members of a collective bargaining unit that represents police officers or firefighters.
(5) "Family member" means an eligible employee’s spouse and any unmarried child or stepchild within age limits and other conditions imposed by the board with regard to unmarried children or stepchildren.
(6) "Local government" means any city, county or special district in this state or any intergovernmental entity created under ORS chapter 190.
(7) "Payroll disbursing officer" means the officer or official authorized to disburse moneys in payment of salaries and wages of employees of a state agency or local government.
(8) "Premium" means the monthly or other periodic charge for a benefit plan.
(9) "Primary care" means family medicine, general internal medicine, naturopathic medicine, obstetrics and gynecology, pediatrics or general psychiatry.
(10) "State agency" means every state officer, board, commission, department or other activity of state government.
(11) "Total medical expenditures" means payments to reimburse the cost of physical and mental health care provided to eligible employees or their family members, excluding prescription drugs, vision care and dental care, whether paid on a fee-for-service basis or as part of a capitated rate or other type of payment mechanism. [1971 c.527 §1; 1979 c.302 §3; 1979 c.468 §30a; 1981 c.773 §1; 1983 c.640 §1; 1985 c.224 §2; 1985 c.635 §4; 1991 c.89 §1; 1997 c.222 §27; 1999 c.971 §3; 2003 c.640 §1; 2003 c.733 §68; 2007 c.789 §3; 2009 c.186 §2; 2011 c.637 §76; 2013 c.731 §2; 2015 c.300 §1; 2017 c.489 §8; 2021 c.50 §13]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 06 - Local Government, Public Employees, Elections

Chapter 243 - Public Employee Rights and Benefits

Section 243.005 - Definitions for ORS 243.005 to 243.045.

Section 243.035 - Premiums and administrative costs to be budgeted and paid by public employers.

Section 243.055 - Exemption from requirements of ORS 243.005 to 243.045 for certain public employers.

Section 243.057 - Role of executive director.

Section 243.061 - Public Employees’ Benefit Board; members; term; confirmation; expenses.

Section 243.066 - Officers; quorum; meetings.

Section 243.105 - Definitions for ORS 243.105 to 243.285.

Section 243.107 - Employees of public universities eligible to participate in benefit plan.

Section 243.125 - Powers and duties of board; rules.

Section 243.129 - Participation in benefit plan by local government.

Section 243.135 - Health benefit plans for eligible employees; terms and conditions.

Section 243.140 - Health benefit and dental plans for persons operating foster homes.

Section 243.142 - Application for federal waiver.

Section 243.144 - Health benefit plan coverage requirements.

Section 243.145 - Board authority with respect to health benefit plans; termination of participation.

Section 243.156 - Coverage of adult disabled children.

Section 243.165 - Public Employees’ Benefit Account; continuing appropriation to account.

Section 243.167 - Public Employees’ Revolving Fund; continuing appropriation to fund.

Section 243.200 - Participation of self-pay groups in benefit plans.

Section 243.221 - Options that may be offered under flexible benefit plan.

Section 243.223 - Rules for flexible benefit plans; costs.

Section 243.252 - Payment of cost for employees or retirees.

Section 243.256 - Reimbursement methodology for payment to hospitals.

Section 243.275 - Additional benefit plans authorized; assessment for expenses.

Section 243.285 - Salary deductions; payment of moneys deducted.

Section 243.291 - Plan eligibility; costs to be paid by participants; fees.

Section 243.296 - Requirements when board offers long term care insurance plan.

Section 243.302 - Grouping retired and nonretired employees for health insurance coverage.

Section 243.303 - Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children.

Section 243.305 - Policy of affirmative action and fair and equal employment opportunities and advancement.

Section 243.315 - Director of Affirmative Action; duties; appointment; confirmation; legislative and judicial branches to monitor own programs.

Section 243.317 - Definitions for ORS 243.317 to 243.323.

Section 243.319 - Written policy regarding workplace harassment; requirements.

Section 243.321 - Written policies and procedures regarding investigation of report of workplace harassment; requirements.

Section 243.323 - Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment; exceptions; remedy for violation.

Section 243.325 - "Public employee" defined.

Section 243.330 - Leaves of absence for athletic competition; requirements; maximum period; reinstatement.

Section 243.401 - Definitions for ORS 243.401 to 243.507.

Section 243.411 - Deferred Compensation Fund.

Section 243.421 - Investment program for fund; securities law not applicable.

Section 243.428 - Forfeited payments; use of moneys.

Section 243.435 - Plan contents; assets held in trust; use of moneys; recovery of overpayments; assignment of benefits prohibited.

Section 243.440 - Salary reduction for deferred compensation plan; amount; payment.

Section 243.445 - Employee choice of plans; choice not binding; change in value of employee assets not to affect net worth of state.

Section 243.460 - Effect of deferred compensation on current taxable income and on retirement programs.

Section 243.462 - Option to defer compensation on after-tax basis.

Section 243.465 - Rollover distribution of deferred amounts to beneficiary.

Section 243.470 - Administration of deferred compensation program; rules.

Section 243.472 - Costs of plan administration assessed against participants; apportionment of expenses; expenses not board budgeted items.

Section 243.474 - Investment of local government plan assets through investment program; agreement with Public Employees Retirement System; charges against participants.

Section 243.476 - Compliance with federal requirements.

Section 243.478 - Plan administration agreements; costs.

Section 243.482 - Immunity of governmental agencies from liability for plan administration or investment of funds.

Section 243.505 - Deferred Compensation Advisory Committee.

Section 243.507 - Payment of deferred compensation to alternate payee under judgment or order; procedure; compliance with state and federal requirements; administrative expenses; limitations; rules.

Section 243.550 - Dependent care assistance plan.

Section 243.555 - Definitions for ORS 243.555 to 243.575.

Section 243.560 - Rulemaking; charge for administration; records.

Section 243.565 - Administration of plan.

Section 243.570 - Compensation reduction agreement.

Section 243.575 - Computation of retirement and pension benefits; taxable income.

Section 243.585 - Accounting system allowances for dedication of salary.

Section 243.650 - Definitions for ORS 243.650 to 243.809.

Section 243.656 - Policy statement.

Section 243.666 - Certified or recognized labor organization as exclusive employee group representative.

Section 243.668 - Legislative findings.

Section 243.670 - Prohibition of actions by public employer to assist, promote or deter union organizing; rules.

Section 243.672 - Unfair labor practices; complaints; filing fees.

Section 243.676 - Processing of unfair labor practice complaints; civil penalties.

Section 243.682 - Representation questions; investigation and hearings on petitions; certification without election; rules; elections.

Section 243.684 - Requirements for petition for representation.

Section 243.686 - Representation elections; ballot form; determining organization to be certified; consent elections.

Section 243.692 - Limitation on successive representation elections.

Section 243.696 - Bargaining representatives for executive department state agencies, judicial department and legislative department.

Section 243.698 - Expedited bargaining process; notice; implementation of proposed changes.

Section 243.702 - Renegotiation of invalid provisions in agreements.

Section 243.706 - Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process; powers of arbitrator.

Section 243.712 - Mediation upon failure to agree after 150-day period; impasse; final offer; fact-finding; effect of subsequent arbitration decision.

Section 243.722 - Fact-finding procedure; costs; basis for findings and opinions; effect of subsequent arbitration decision.

Section 243.726 - Public employee strikes; equitable relief against certain strikes; effect of unfair labor practice charge on prohibited strike.

Section 243.736 - Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel.

Section 243.738 - Strikes by employees of mass transit districts, transportation districts and municipal bus systems.

Section 243.742 - Binding arbitration when strike prohibited.

Section 243.746 - Selection of arbitrator; arbitration procedure; last best offers; bases for findings and opinions; sharing arbitration costs.

Section 243.752 - Arbitration decision final; enforcement; effective date of compensation increases; modifying award.

Section 243.766 - Board duties in administration of collective bargaining laws; rules.

Section 243.772 - Effect of collective bargaining laws on local charters and ordinances.

Section 243.778 - Student representation when bargaining unit includes public university faculty; duties of student representatives; confidentiality requirements.

Section 243.782 - Representation by counsel authorized.

Section 243.796 - Definitions for ORS 243.796 to 243.806.

Section 243.798 - Reasonable time granted to designated representatives to engage in certain activities during work hours.

Section 243.802 - Written agreements regarding grant of period of release time for public employees to serve as designated representatives; requirements during period of release time.

Section 243.804 - Reasonable access to employees within bargaining unit; duties of public employer regarding employee information in employer’s records.

Section 243.806 - Agreement authorizing public employer to make deductions from salary or wages of public employee; duties of public employer regarding deductions and remittance; revoking authorization.

Section 243.808 - Arbitration concerning alleged misconduct by law enforcement officer.

Section 243.809 - Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards.

Section 243.812 - Commission on Statewide Law Enforcement Standards of Conduct and Discipline; duties; members; establishment of standards; open hearings; reporting; rules.

Section 243.815 - Optional retirement plan for certain academic and administrative public university employees.

Section 243.820 - Agreement for payment of annuity premium or investment in stock of regulated investment company.

Section 243.850 - Qualified football coaches plan; participation; salary deduction.

Section 243.860 - Definitions for ORS 243.860 to 243.886.

Section 243.862 - Oregon Educators Benefit Board; members; term; expenses; officers; quorum; meetings; confirmation.

Section 243.864 - Duties; rules; contracts; personnel.

Section 243.866 - Benefit plans; criteria; coverage options; payroll deductions; rules.

Section 243.867 - Participation in benefit plan by local government.

Section 243.868 - Benefit plans for other than health and dental benefits; premiums; district plans.

Section 243.869 - Coverage of adult disabled children.

Section 243.870 - Long term care benefit plans.

Section 243.872 - Requirements when board offers long term care benefit plan.

Section 243.874 - Flexible benefit plans; rules.

Section 243.876 - Payroll deductions; reports.

Section 243.877 - Health benefit plan coverage requirements.

Section 243.878 - Board authority with respect to health benefit plans; termination of participation.

Section 243.879 - Reimbursement methodology for payment to hospitals.

Section 243.880 - Oregon Educators Benefit Account; continuing appropriation; monthly deposits.

Section 243.882 - Monthly participation assessment; purposes; maximum account balance.

Section 243.884 - Oregon Educators Revolving Fund; continuous appropriation to board; purposes; rules; moneys paid into fund.

Section 243.886 - Limitations on district participation in benefit plans; exceptions.

Section 243.910 - Definitions for ORS 243.910 to 243.945.

Section 243.920 - Assisting employees to obtain supplemental benefits; employee contribution.

Section 243.930 - Board contributions; investment; purchase of benefits.

Section 243.940 - Employee election; cancellation of election.

Section 243.950 - Public Safety Memorial Fund.

Section 243.952 - Public Safety Memorial Fund Board; officers; quorum; meetings; staff.

Section 243.954 - Definitions for ORS 243.954 to 243.974.

Section 243.956 - Eligibility for benefits from fund; types of benefits.

Section 243.958 - Initial application for benefits.

Section 243.959 - Supplemental application for benefits.

Section 243.960 - Application information public record.

Section 243.962 - Determination of award amount.

Section 243.964 - Order.

Section 243.966 - Reconsideration; no review.

Section 243.968 - Payment of awards.

Section 243.969 - Payment of lump sum benefits.

Section 243.970 - Authority of board; rules; report.

Section 243.972 - Gifts; requirements for tax deductibility.

Section 243.974 - Designation of beneficiary form; notice required when public safety officer suffers qualifying death or disability.