Or. Admin. Code § 459-075-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 459-075-0010 - Eligibility and Membership

(1) Eligibility. An employee who is employed in a qualifying position on or after August 29, 2003 by an employer participating in the OPSRP Pension Program is eligible to become a member of that program, and maintain such membership, unless the employee:

(a) Has established membership in the PERS Chapter 238 Program before August 29, 2003 under the terms of ORS 238A.025 and has not terminated membership in that program under ORS 238.095;

(b) Is a judge member as defined in ORS 238.500;

(c) Elects to participate in an optional or alternative retirement plan as provided in ORS Chapters 237, 243, 341, or 353; or

(d) Is otherwise ineligible for membership.

(2) Establishing Membership:

(a) An employee who meets the requirements in section (1) of this rule becomes a member of the OPSRP Pension Program on the first day of the calendar month following the employee's completion of a waiting period of six full calendar months of service in a qualifying position with the same participating public employer. The six full calendar months of service may not be interrupted by more than 30 consecutive working days.

(b) The waiting period begins on:

(A) The date the employee is hired, and includes the month of hire as a full calendar month, if the date of hire is the first business day of the month;

(B) The first day of the month following the date of hire; or

(C) The first day of the month following the end date of an interruption of service of more than 30 consecutive working days.

(c) In the event an employee is on an official leave of absence as described in OAR 459-010-0010, the period of absence shall not constitute an interruption of the waiting period under subsection (a) of this section. The waiting period shall be extended by the length of the leave of absence.

(d) Absence from service by an educational employee during periods that the employing educational institution is not in session shall not constitute an interruption of the waiting period under subsection (a) of this section.

(3) The provisions of this rule are retroactive to November 23, 2007.

Or. Admin. Code § 459-075-0010

PERS 4-2004, f. & cert. ef. 2-18-04; PERS 8-2006, f. & cert. ef. 4-5-06; PERS 17-2007, f. & cert. ef. 11-23-07; PERS 13-2008, f. & cert .ef. 7-31-08; PERS 13-2014, f. & cert. ef. 9-29-14; PERS 6-2021, amend filed 07/23/2021, effective 7/23/2021

Statutory/Other Authority: ORS 238A.450

Statutes/Other Implemented: ORS 238A.025, ORS 238A.100 & OL 2007 Ch. 769