2021 Oregon Revised Statutes
Chapter 243 - Public Employee Rights and Benefits
Section 243.303 - Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children.


(a) "Health care" means medical, surgical, hospital or any other remedial care recognized by state law and related services and supplies and includes comparable benefits for persons who rely on spiritual means of healing.
(b) "Local government" means any city, county, school district or other special district in this state.
(c) "Retired employee" means a former officer or employee of a local government who is retired for service or disability, and who received or is receiving retirement benefits, under the Public Employees Retirement System or any other retirement system or plan applicable to officers and employees of the local government.
(2) The governing body of any local government that contracts for or otherwise makes available health care insurance coverage for officers and employees of the local government shall, insofar as and to the extent possible, make that coverage available for any retired employee of the local government who elects within 60 days after the effective date of retirement to participate in that coverage and, at the option of the retired employee, for the spouse of the retired employee and any unmarried children under 18 years of age. The health care insurance coverage shall be made available for a retired employee until the retired employee becomes eligible for federal Medicare coverage, for the spouse of a retired employee until the spouse becomes eligible for federal Medicare coverage and for a child until the child arrives at majority, and may, but need not, be made available thereafter. The governing body may prescribe reasonable terms and conditions of eligibility and coverage, not inconsistent with this section, for making the health care insurance coverage available. The local government may pay none of the cost of making that coverage available or may agree, by collective bargaining agreement or otherwise, to pay part or all of that cost.
(3) A local government and a health care insurer may not create a group solely for the purpose of rating or of establishing a premium for health care insurance coverage of retired employees and their dependents that is separate from the group for health care insurance coverage of officers and employees of the local government and their dependents. Nothing in this subsection prevents a local government from allocating rates or premiums differently among retired employees and their dependents and officers and employees of the local government and their dependents once the rating or premium is established. [1981 c.240 §1; 1985 c.224 §1; 2001 c.604 §1; 2003 c.62 §1; 2003 c.694 §1]
Note: 243.303 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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.