68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
House Bill 3349
Sponsored by Representative BAUM; Representative MARKHAM, Senator
DERFLER
CHAPTER ................
AN ACT
Relating to public employee retirement; creating new provisions;
amending ORS 237.208, 237.209, 237.230, 237.233 and 237.635 and
section 14, chapter 796, Oregon Laws 1991; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. { + Sections 2 and 3
of this Act are added to and made a part of ORS 237.001 to
237.315. + }
**************************** SECTION 2. { + (1) The increased
benefits provided by section 3 of this 1995 Act, and by the
amendments to ORS 237.209, 237.230, 237.233 and section 14,
chapter 796, Oregon Laws 1991, by sections 5, 6, 7 and 8 of this
1995 Act, are paid to members of the Public Employes' Retirement
System and their beneficiaries in compensation for damages
suffered by those members and beneficiaries by reason of
subjecting benefits paid pursuant to ORS 237.301 to 237.315 to
Oregon personal income taxation. The increased benefits provided
by this 1995 Act are intended to provide full, complete and final
payment of any claim of a member of the system, or a beneficiary
of a member, arising out of the taxation of those benefits.
(2) Notwithstanding any other provision of sections 3 to 10 of
this 1995 Act, the increased benefits payable under section 3 of
this 1995 Act, under ORS 237.209, 237.230 and 237.233, as amended
by sections 5, 6 and 7 of this 1995 Act, and under section 14,
chapter 796, Oregon Laws 1991, as amended by section 8 of this
1995 Act, shall not be paid in any tax year in which retirement
benefits that are payable under the Public Employes' Retirement
System to a member of the system or a beneficiary of a member,
and that are attributable to service rendered by the member
before September 29, 1991, are exempt in whole or part from
Oregon personal income taxation. In the event increased benefits
under sections 3 to 10 of this 1995 Act are paid in a tax year in
which the retirement benefits that are payable to a member of the
system or a beneficiary of a member, and that are attributable to
service rendered by the member before September 29, 1991, are
exempt in whole or part from Oregon personal income taxation, the
benefits shall not be recoverable by the system, but the Public
Employes' Retirement Board shall ensure that no additional
amounts are paid under the provisions of sections 3 to 10 of this
1995 Act.
(3) No member of the system or beneficiary of a member of the
system shall acquire a right, contractual or otherwise, to the
increased benefits provided by sections 3 to 10 of this 1995 Act.
(4) Notwithstanding any other provision of law, a class action
may not be commenced on or after the effective date of this 1995
Act based on a claim for damages arising out of the subjecting of
benefits paid pursuant to ORS 237.301 to 237.315 to Oregon
personal income taxation.
(5) The Public Employes' Retirement Board shall report the
increased benefits provided to members of the system, and to
beneficiaries of those members, under this 1995 Act, under the
provisions of chapter 796, Oregon Laws 1991, and under section
26, chapter 815, Oregon Laws 1991, to each payee, to the Internal
Revenue Service, and to the Department of Revenue, if that
reporting is required by other law. The report shall reflect the
increased benefits provided to members of the system, and to
beneficiaries of those members, under this 1995 Act, under the
provisions of chapter 796, Oregon Laws 1991, and under section
26, chapter 815, Oregon Laws 1991, separately from other benefits
paid to members of the system and the beneficiaries of those
members. Reporting under this subsection must be consistent with
the characterization of those benefits as being made in
compensation for Oregon personal income taxes assessed in breach
of contract rights of members of the system. + }
**************************** SECTION 3. { + (1) Upon
retirement of an employee who is a member of the Public Employes'
Retirement System and computation of that member's service
retirement allowance under ORS 237.111, 237.147 or 237.155, or
computation of any disability retirement allowance under ORS
237.111, 237.171, 237.173, 237.181 or 237.187, the Public
Employes' Retirement Board shall add to the amount of the
allowance, including the amount of any refund of accumulated
employee contributions, the greater of the increase provided by
ORS 237.208 or an increase based on the percentage calculated
under subsection (4) of this section.
(2) The amount of any death benefit under ORS 237.165, 237.167
or 237.169, including the amount of any monthly payments, shall
be increased by the greater of the percentage provided for in ORS
237.208 or the percentage calculated under subsection (4) of this
section.
(3)(a) A member of the system who elects to receive a lump sum
in lieu of a retirement allowance or other benefit under ORS
237.151 shall receive an increase based on the greater of the
percentage provided for in ORS 237.208 or the percentage
calculated under subsection (4) of this section.
(b) A member of the system who withdraws the amount credited to
the employee's account in the fund under the provisions of ORS
237.111 (2), or whose account is returned to the employee after
the membership of the employee is terminated under the provisions
of ORS 237.109, shall receive an additional amount calculated by
multiplying the amount of the employee's account by the greater
of the percentage provided for in ORS 237.208 or the percentage
calculated under subsection (4) of this section.
(4)(a) The Public Employes' Retirement Board shall calculate a
multiplier for the purposes of this section equal to the
percentage produced by the following formula: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled House Bill 3349 Page 2
{ +
1 + }
_______________
{ +
1 + }
� { +
the maximum Oregon
personal income tax rate + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + (b) Upon the retirement or death of a member of the
system, the board shall determine the fraction of the member's
retirement allowance or death benefit, including any refund or
lump sum payment, that is attributable to service rendered by the
member before October 1, 1991. The board shall then calculate a
percentage that is equal to that fraction multiplied by the
multiplier determined by the board under paragraph (a) of this
subsection. The percentage so calculated shall be used to
determine the amount of the increase in benefits provided to a
member, if any, under this section.
(5) For the purpose of determining that portion of a retirement
allowance or death benefit attributable to service rendered
before October 1, 1991, the board shall divide the number of
years of service performed before October 1, 1991, by the total
number of years of service during which the pension income was
earned.
(6) The increased benefits provided for in this section shall
be funded by employer contributions.
(7) If the maximum Oregon income tax rate is changed for any
taxable year, the board shall utilize the new rate for the
purposes of calculating the benefit provided for in this section
for all members of the system who retire or die after the change
in rates takes effect. In addition, the board shall recalculate
the benefits payable to all retired members of the Public
Employes' Retirement System, or to the beneficiaries of those
members, using the new tax rate. The benefit so recalculated
shall be applicable to the first full month after the
recalculation is made, and be payable the first day of the month
immediately following. If by reason of the calculation or
recalculation of the benefit under this subsection the amount of
the benefit provided for in this section is decreased, any
benefits paid after the change in the tax rate takes effect and
before the calculation or recalculation is made shall not be
recoverable by the system, but the Public Employes' Retirement
Board shall ensure that only the amount of the benefit so
calculated or recalculated shall be paid after the calculation or
recalculation is made.
(8) The increased benefits provided by this section apply only
to members who establish membership in the Public Employes'
Retirement System before the effective date of this 1995 Act and
whose effective date of retirement or date of death is on or
after January 1, 1991. The recalculation of benefits provided for
in subsection (7) of this section applies to all retired members,
without regard to the date of the member's retirement or death.
(9) A person establishes membership in the system before the
effective date of this 1995 Act for the purposes of subsection
(8) of this section if:
Enrolled House Bill 3349 Page 3
(a) The person is a member of the system, or a judge member of
the system, on the effective date of this 1995 Act;
(b) The person was a member of the system before the effective
date of this 1995 Act, ceased to be a member of the system under
the provisions of ORS 237.109, 237.111 or 237.223 before the
effective date of this 1995 Act, but restores part or all of the
forfeited creditable service from before the effective date of
this 1995 Act under the provisions of ORS 237.108 or 237.111
after the effective date of this 1995 Act; or
(c) The person performed any period of service for a
participating public employer before the effective date of this
1995 Act that is credited to the six-month period of employment
required of an employee under ORS 237.011 before an employee may
become a member of the system. + }
**************************** SECTION 4. ORS 237.208 is amended
to read:
237.208. (1) Upon retirement of an employee who is a member of
the system and computation of that member's service retirement
allowance under ORS 237.111, 237.147 or 237.155, or computation
of any disability retirement allowance under ORS
{ + 237.111, + } 237.171, 237.181 or 237.187, the board shall
add to the amount of the allowance, including the amount of any
refund of accumulated employee contributions, an additional
amount equal to the percentage increase provided in subsection
(4) of this section.
(2) The amount of any death benefit under ORS 237.165, 237.167
or 237.169, including the amount of any monthly payments, shall
be increased by an amount equal to the percentage increase
provided in subsection (4) of this section.
(3) { + (a) + } A member of the system who receives a lump sum
under ORS 237.151 in lieu of a retirement allowance or other
benefit shall receive an additional amount equal to the
percentage increase provided in subsection (4) of this section.
{ + (b) A member of the system who withdraws the amount
credited to the employee's account in the fund under the
provisions of ORS 237.111 (2), or whose account is returned to
the employee after the membership of the employee is terminated
under the provisions of ORS 237.109, shall receive an additional
amount calculated by multiplying the amount of the employee's
account by the percentage increase provided for under subsection
(4) of this section. + }
(4)(a) The percentage increases provided for in this section to
the benefits payable to or on account of a member of the system
who is serving as other than a police officer or fire fighter at
the time of death or retirement shall be:
(A) For a member with a combined total of 10 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 20 years, one
percent.
(B) For a member with a combined total of 20 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 25 years, two
percent.
(C) For a member with a combined total of 25 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 30 years, three
percent.
(D) For a member with a combined total of 30 or more years of
creditable service in the system and prior service credit under
ORS 237.081, four percent.
Enrolled House Bill 3349 Page 4
(b) The percentage increases provided for in this section to
the benefits payable to or on account of a member of the system
who is serving as a police officer or fire fighter at the time of
death or retirement shall be:
(A) For a member with a combined total of 10 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 20 years, one
percent.
(B) For a member with a combined total of 20 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 25 years, two and
one-half percent.
(C) For a member with a combined total of 25 or more years of
creditable service in the system and prior service credit under
ORS 237.081, four percent.
(c) The benefits payable to or on account of a member with less
than a combined total of 10 years of creditable service in the
system and prior service credit under ORS 237.081 at the time of
death or retirement shall not be increased under the provisions
of this section.
(5) The increased benefits provided for in this section shall
be funded by employer contributions.
{ - (6) This section applies only to members whose effective
date of retirement or death is on or after January 1, 1991. - }
{ + (6) This section applies only to a member who establishes
membership in the Public Employes' Retirement System before the
effective date of this 1995 Act, as described in section 3 (9) of
this 1995 Act, and whose effective date of retirement or date of
death is on or after January 1, 1991. + }
**************************** SECTION 5. ORS 237.209 is amended
to read:
237.209. (1) In addition to any increase under ORS 237.060,
first effective for the month of August 1981, payable September
1, 1981, the monthly retirement allowance payable to or on
account of any person who has retired as a member of the Public
Employes' Retirement System shall be increased by a percentage
based on the calendar year in which the person retired, as set
forth in the following table:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Calendar Year Percentage
of Retirement Increase
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1980 4.00
1979 4.32
1978 4.76
1977 4.44
1976 4.72
1975 4.92
1974 5.28
Enrolled House Bill 3349 Page 5
1973 5.92
1972 6.20
1971 6.36
1970 6.60
1969 6.88
1968 7.20
1967 7.36
1966 7.56
1965 7.88
1964 8.12
1963 8.32
1962 8.56
1961 8.64
1960 8.76
1959 8.96
1958 9.08
1957 9.28
1956 9.68
1955 10.00
1954 10.04
1953 10.16
1952 10.56
1951 10.64
1950 or any prev11.40year
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(2) In addition to any increase under ORS 237.060 and
subsection (1) of this section, first effective for the month of
July 1982, payable August 1, 1982, the monthly retirement
allowance payable to or on account of any person who has retired
as a member of the Public Employes' Retirement System shall be
increased by a percentage based on the calendar year in which the
person retired. The percentage shall be four percent in respect
to a person who retired in the calendar year 1981. The percentage
in respect to a person who retired in a calendar year previous to
the calendar year 1981 shall be the applicable percentage in the
table set forth in subsection (1) of this section.
(3) In addition to any increase under ORS 237.060, first
effective for the month of July 1985, payable August 1, 1985, the
monthly retirement allowance payable to or on account of any
person who has retired as a member of the Public Employes'
Retirement System shall be increased by a percentage based on the
calendar year in which the person retired, as set forth in the
following table:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Calendar Year Percentage
of Retirement Increase
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
Enrolled House Bill 3349 Page 6
_______________________________________________________________
1983 3.00
1982 3.01
1981 3.09
1980 3.24
1979 3.48
1978 3.80
1977 3.57
1976 3.77
1975 3.92
1974 4.17
1973 4.63
1972 4.82
1971 4.93
1970 5.09
1969 5.28
1968 5.49
1967 5.60
1966 5.73
1965 5.94
1964 6.09
1963 6.22
1962 6.37
1961 6.42
1960 6.50
1959 6.62
1958 6.70
1957 6.82
1956 7.06
1955 7.25
1954 or any previ7.28year
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(4) In addition to any increase under ORS 237.060 and
subsection (3) of this section, first effective for the month of
July 1986, payable August 1, 1986, the monthly retirement
allowance payable to or on account of any person who has retired
as a member of the Public Employes' Retirement System shall be
increased by a percentage based on the calendar year in which the
person retired. The percentage shall be three percent in respect
to a person who retired in the calendar year 1984. The percentage
in respect to a person who retired in a calendar year previous to
the calendar year 1984 shall be the applicable percentage in the
table set forth in subsection (3) of this section.
(5) In addition to any increase under ORS 237.060, first
effective for the month of July 1989, payable August 1, 1989, the
monthly retirement allowance payable to or on account of any
person who has retired as a member of the Public Employes'
Retirement System shall be increased by a percentage based on the
calendar year in which the person retired, as set forth in the
following table:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
Enrolled House Bill 3349 Page 7
_______________________________________________________________
Calendar Year Percentage
of Retirement Increase
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1988 0
1987 0
1986 0
1985 0
1984 0
1983 0
1982 0
1981 0
1980 3
1979 11
1978 16
1977 3
1976 7
1975 15
1974 25
1973 14
1972 15
1971 0
1970 0
1969 4
1968 7
1967 0
1966 0
1965 0
1964 0
1963 1
1962 1
1961 2
1960 3
1959 3
1958 5
1957 9
1956 9
1955 7
1954 8
1953 8
1952 10
1951 19
1950 or any previou18year
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(6) In addition to any increase under ORS 237.060, first
effective for the month of December 1990, payable January 1,
1991, the monthly retirement allowance payable to or on account
of any person who has retired as a member of the Public Employes'
Retirement System shall be increased by the following
percentages:
Enrolled House Bill 3349 Page 8
(a) If the member was serving as other than a police officer or
fire fighter at the time of retirement, the percentage increase
shall be:
(A) For a member with a combined total of 10 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 20 years, one
percent.
(B) For a member with a combined total of 20 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 25 years, two
percent.
(C) For a member with a combined total of 25 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 30 years, three
percent.
(D) For a member with a combined total of 30 or more years of
creditable service in the system and prior service credit under
ORS 237.081, four percent.
(b) If the member was serving as a police officer or fire
fighter at the time of retirement, the percentage increase shall
be:
(A) For a member with a combined total of 10 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 20 years, one
percent.
(B) For a member with a combined total of 20 or more years of
creditable service in the system and prior service credit under
ORS 237.081 but less than a combined total of 25 years, two and
one-half percent.
(C) For a member with a combined total of 25 or more years of
creditable service in the system and prior service credit under
ORS 237.081, four percent.
(c) The monthly retirement allowance payable to or on account
of a member with less than a combined total of 10 years of
creditable service in the system and prior service credit under
ORS 237.081 at the time of retirement shall not be increased
under the provisions of this subsection.
{ + (7) In addition to any increase under ORS 237.060, first
effective for the month of December 1990, payable January 1,
1991, the monthly retirement allowance payable to or on account
of any person who has retired as a member of the Public Employes'
Retirement System shall be increased by a percentage equal to the
percentage calculated under section 3 (4) of this 1995 Act, less
any increase provided to the retired member under subsection (6)
of this section. + }
{ - (7) - } { + (8) + } The increased allowance provided in
{ - subsection - } { + subsections + } (6) { + and (7) + } of
this section shall be funded by employer contributions.
**************************** SECTION 6. ORS 237.230 is amended
to read:
237.230. (1) Every monthly retirement allowance or pension
payable to a judge member or surviving spouse of a judge member
under ORS 237.211 to 237.233 shall be adjusted annually to
reflect the percentage increase or decrease in the cost of living
as provided in ORS 237.060.
(2) ORS 237.209 (4) to { - (7) - } { + (8) + } apply in
respect to a judge member who retired in the calendar year 1984
or any calendar year thereafter as provided in ORS 237.209 (4) to
{ - (7) - } { + (8) + }, and for that purpose the monthly
retirement { + allowance + } referred to in ORS 237.209 (4) to
Enrolled House Bill 3349 Page 9
{ - (7) - } { + (8) + } shall be the monthly retirement
allowance payable to a judge member or the monthly pension
payable to the surviving spouse of a judge member under ORS
237.227 (3)(a).
**************************** SECTION 7. ORS 237.233 is amended
to read:
237.233. (1) { + Section 3 of this 1995 Act and + } ORS
237.003 (2) and (11), 237.005, 237.091, 237.101, 237.108 (1),
237.125, 237.143, 237.145, 237.153, 237.157, 237.201, 237.205,
237.247, 237.248, 237.251, 237.253, 237.259, 237.263, 237.271,
237.275, 237.277, 237.279, 237.281, 237.285, 237.291, 237.301,
237.315 and 237.320 and the increases provided by ORS 237.208 for
members of the system who are serving as other than police
officers or fire fighters apply in respect to judge members.
(2) ORS 237.001 to 237.315 applies in respect to persons
described in ORS 237.215 (1) and in respect to judge members only
as specifically provided in ORS 237.211 to 237.233.
**************************** SECTION 8. Section 14, chapter
796, Oregon Laws 1991, is amended to read:
{ + Sec. 14. + } (1) Any member of the Public Employes'
Retirement System whose effective date of retirement was before
January 1, 1991, and who elected to receive a refund of
accumulated member contributions on an installment basis under
the provisions of ORS 237.155 (3), shall receive an increased
benefit at the time each installment is paid equal to the
percentage increase provided in
{ - section 2 (4) of this Act - } { + ORS 237.208 (4) or
section 3 (4) of this 1995 Act, whichever is greater + }.
(2) This section applies only to installments paid under ORS
237.155 (3) on or after January 1, 1991.
**************************** SECTION 9. { + The amendments to
ORS 237.209, 237.230 and 237.233 by sections 5, 6 and 7 of this
Act apply only to the retirement allowances of members who
retired before January 1, 1991. + }
**************************** SECTION 10. { + (1) On or before
January 1, 1996, the Public Employes' Retirement Board shall
recalculate the benefits payable to a member of the Public
Employes' Retirement System, or to the beneficiary of that
member, under the provisions of section 3 of this Act if the
member retired or died on or after January 1, 1991, and before
the effective date of this Act. If the member or beneficiary of a
member is entitled to receive an increase in a retirement
allowance or other monthly payment, the board shall begin paying
that increase in all monthly payments made on and after January
1, 1996. The increased amount payable under this section shall be
calculated as though section 3 of this Act had been in effect
from January 1, 1991, and shall include all increases that would
have accrued under ORS 237.060 if section 3 of this Act had been
in effect from January 1, 1991.
(2)(a) If a member or beneficiary of a member is entitled to an
increase under section 3 of this Act for any month or payment
before January 1, 1996, the board shall calculate the additional
amount and mail a check payable to the member or beneficiary of
the member for the additional amount on or before January 1,
1996.
(b) If a member withdrew the amount credited to the employee's
account in the fund under the provisions of ORS 237.111 (2), or
the account of the member was returned to the employee after the
membership of the employee was terminated under the provisions of
ORS 237.109, and the withdrawal or termination occurred on or
Enrolled House Bill 3349 Page 10
after January 1, 1991, and before the effective date of this Act,
the board shall calculate an additional amount equal to the
amount that would have been paid to the member had section 3
(3)(b) of this Act been in effect on the date of the withdrawal
or termination, and shall mail a check payable to the member or
beneficiary of the member for the additional amount on or before
January 1, 1996.
(3) On or before January 1, 1996, the Public Employes'
Retirement Board shall calculate the additional amount that a
member of the Public Employes' Retirement System who retired or
died before the effective date of this Act, or the beneficiary of
that member, is entitled to receive by reason of the amendments
to ORS 237.209, 237.230 and 237.233 and section 14, chapter 796,
Oregon Laws 1991, by sections 5, 6, 7 and 8 of this Act. The
board shall mail checks in payment of the additional amounts
calculated under this section on or before January 1, 1996.
(4) In addition to the amounts payable to a member or a
beneficiary of a member under subsections (2) and (3) of this
section, the board shall calculate and pay to the member or
beneficiary of the member any additional amounts that would have
been paid to the member or beneficiary of the member under the
provisions of ORS 237.060 if the additional payments provided for
in subsections (2) and (3) of this section had been made as
though section 3 of this Act and the amendments to ORS 237.209,
237.230 and 237.233 and section 14, chapter 796, Oregon Laws
1991, by sections 5, 6, 7 and 8 of this Act had been in effect on
January 1, 1991, and thereafter.
(5) In addition to the amounts calculated under subsections
(2), (3) and (4) of this section, the Public Employes' Retirement
Board shall calculate interest on all amounts payable under
subsections (2), (3) and (4) of this section at the rate of nine
percent per annum, beginning from the date the payments would
have been made if section 3 of this Act and the amendments to ORS
237.209, 237.230 and 237.233 and section 14, chapter 796, Oregon
Laws 1991, by sections 5, 6, 7 and 8 of this Act had been in
effect on January 1, 1991, and thereafter, and ending with the
date on which the checks required by this section are mailed.
Interest under this subsection is simple interest.
(6) For the purposes of this Act, any judge who retired or died
after August 1, 1991, and whose retirement pay or pension would
have been paid from the Judges' Retirement Fund except for the
provisions of chapter 815, Oregon Laws 1991, shall be considered
to have received an increase in the benefits payable to the judge
or surviving spouse of the judge under the provisions of ORS
237.208, and shall not be considered to have received an increase
in benefits under the provisions of section 7, chapter 796,
Oregon Laws 1991. The benefit being paid to the judge or the
surviving spouse of the judge shall be recalculated in the same
manner as provided in this section for the retirement allowances
of other members of the system. + }
**************************** SECTION 11. { + Any public
employer that provides retirement benefits to its police officers
and fire fighters other than by participation in the Public
Employes' Retirement System pursuant to the provisions of ORS
237.620 (4) shall provide increases to the police officers and
fire fighters of the public employer, both active and retired,
that are equal to the increases in retirement benefits that are
provided for in this Act for active and retired police officers
or fire fighters who are members of the Public Employes'
Retirement System, or the public employer shall provide to those
Enrolled House Bill 3349 Page 11
police officers and fire fighters increases in retirement
benefits that are the actuarial equivalent of the increases in
retirement benefits that are provided for in this Act for police
officers or fire fighters who are members of the Public Employes'
Retirement System. Increases provided under this section shall be
reduced by the amount of any benefit increase provided by ORS
237.635 in the same manner that increases in retirement benefits
that are provided for in this Act for active and retired police
officers or fire fighters who are members of the Public Employes'
Retirement System are reduced to reflect amounts paid to those
members under the provisions of chapter 796, Oregon Laws 1991. No
other retirement benefit or other benefit provided by those
public employers shall be decreased by the employer by reason of
the increases mandated by this section. + }
**************************** SECTION 12. ORS 237.635 is amended
to read:
237.635. { + (1) + } Any public employer that provides
retirement benefits to its police officers and fire fighters
other than by participation in the Public Employes' Retirement
System pursuant to the provisions of ORS 237.620 (4) shall
provide increases to the police officers and fire fighters of the
public employer, both active and retired, that are equal to the
increases in retirement benefits that are provided for in this
1991 Act for active and retired police officers or fire fighters
who are members of the Public Employes' Retirement System, or
shall provide to those police officers and fire fighters
increases in retirement benefits that are the actuarial
equivalent of the increases in retirement benefits that are
provided for in this 1991 Act for police officers or fire
fighters who are members of the Public Employes' Retirement
System. No other retirement benefit or other benefit provided by
those public employers shall be decreased by the employer by
reason of the increases mandated by this section.
{ + (2) The increased benefits provided for in this section
apply only to police officers or fire fighters who establish
membership before the effective date of this 1995 Act in a
retirement plan or system offered by a public employer in lieu of
membership in the Public Employes' Retirement System pursuant to
the provisions of ORS 237.620 (4). + }
**************************** SECTION 13. { + If Senate Bill
562 becomes law, this Act is repealed. + }
**************************** SECTION 14. { + This Act being
necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this
Act takes effect on its passage. + }
----------
Enrolled House Bill 3349 Page 12
Passed by House June 5, 1995
Repassed by House June 9, 1995
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 7, 1995
...........................................................
President of Senate
Enrolled House Bill 3349 Page 13
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled House Bill 3349 Page 14