Oregon Revised Statutes
As used in ORS 243.005 to 243.045: “Firefighter” means persons employed by a city, county or district whose duties involve fire fighting and includes a volunteer firefighter whose position normally requires less than 600 hours of service per year. “Police officer” includes: Police chiefs and police officers of a city who are classified as police officers …
No operative statutory text appears at this designation in the selected edition.
The Oregon Department of Administrative Services shall enter into a contract with an insurance company licensed to do business in this state to purchase insurance as described in ORS 243.025 for all police officers and firefighters in the service of public employers.
No operative statutory text appears at this designation in the selected edition.
When the Oregon Department of Administrative Services has awarded the contract under ORS 243.015, every police officer and firefighter in the service of a public employer shall be issued, pursuant to the contract provided for in ORS 243.015, a certificate of insurance in the face amount of $10,000, covering death caused by injury sustained during working hou…
No operative statutory text appears at this designation in the selected edition.
The premiums and administrative costs incurred by the Oregon Department of Administrative Services for the insurance provided for in ORS 243.005 to 243.045 shall be paid by the affected public employers and shall not come from funds of the Public Employees Retirement System. Every public employer shall include in its budget amounts sufficient to pay the ann…
No operative statutory text appears at this designation in the selected edition.
For purposes of the Insurance Code, police officers and firefighters are considered to be associated in a common group formed for purposes other than the obtaining of insurance.
No operative statutory text appears at this designation in the selected edition.
Notwithstanding ORS 243.005 to 243.045, if a public employer provides benefits equal to or better than the insurance required under ORS 243.025, as determined by the Director of the Department of Consumer and Business Services, the public employer is exempt from the requirements of ORS 243.005 to 243.045 for so long as such benefits continue to be equal or b…
The executive director of the Public Employees’ Benefit Board shall also serve as the executive director of the Oregon Educators Benefit Board. The executive director shall combine administrative functions and operations of the Public Employees’ Benefit Board and the Oregon Educators Benefit Board to the greatest extent practicable to avoid duplication of e…
No operative statutory text appears at this designation in the selected edition.
There is created in the Oregon Health Authority the Public Employees’ Benefit Board consisting of at least eight voting members and two members of the Legislative Assembly as nonvoting advisory members. Two of the voting members are ex officio members and six are appointed by the Governor. The voting members shall be: Four members representing the state as …
The Public Employees’ Benefit Board shall select one of its appointed voting members as chairperson and another appointed voting member as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of those offices as the board determines. A majority of the voting members of the board constitutes a quorum for the t…
No operative statutory text appears at this designation in the selected edition.
As used in ORS 243.105 to 243.285, unless the context requires otherwise: “Benefit plan” includes, but is not limited to: 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; Comparable benefits for employees who rely on spiritual me…
A person employed by a public university listed in ORS 352.002 or the Oregon Health and Science University may be considered an eligible employee for participation in one of the group benefit plans described in ORS 243.135 if the governing board of the public university, or the Oregon Health and Science University Board of Directors for Oregon Health and Sci…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Public Employees’ Benefit Board shall prescribe rules for the conduct of its business and for carrying out ORS 243.256. The board shall study all matters connected with the providing of adequate benefit plan coverage for eligible employees on the best basis possible with relation both to the welfare of the employees and to the state and local governments…
The governing body of a local government may elect to participate in a benefit plan offered by the Public Employees’ Benefit Board. The decision of the governing body of a local government to participate in a benefit plan offered by the board is in the discretion of the governing body of the local government and is a permissive subject of collective bargain…
No operative statutory text appears at this designation in the selected edition.
Notwithstanding any other benefit plan contracted for and offered by the Public Employees’ Benefit Board, the board shall contract for a health benefit plan or plans best designed to meet the needs and provide for the welfare of eligible employees, the state and the local governments. In considering whether to enter into a contract for a plan, the board shal…
Persons whose homes are certified as a foster home by the Department of Human Services under ORS 418.630 and as defined in ORS 418.625 (3) may participate in a health benefit plan available to employees pursuant to ORS 243.105 to 243.285 at the expense of the foster parent. For such purposes, foster parents shall be considered eligible employees. A person w…
The Oregon Health Authority shall apply for a waiver of federal law or any formal permission from the appropriate federal agency or agencies that is necessary to allow districts and eligible employees of districts to obtain health benefit plans through the health insurance exchange in accordance with ORS 243.886. Note: 243.142 was enacted into law by the Le…
Benefit plans offered by the Public Employees’ Benefit Board that reimburse the cost of medical and other health services and supplies must comply with the requirements for health benefit plan coverage described in: (1) ORS 743A.058; (2) ORS 743A.140; (3) ORS 743A.141; (4) ORS 743B.256; (5) ORS 743B.287 (4); (6) ORS 743B.420; (7) ORS 743B.423; (8) OR…
The Public Employees’ Benefit Board shall have authority to employ whatever means are reasonably necessary to carry out the purposes of ORS 243.105 to 243.285 and 292.051. The board’s authority includes, but is not limited to, the authority to self-insure and to seek clarification, amendment, modification, suspension or termination of any agreement or contra…
No operative statutory text appears at this designation in the selected edition.
If the Public Employees’ Benefit Board provides options under which an eligible employee may arrange coverage for family members under ORS 243.135, the board shall allow coverage of an adult disabled child of the eligible employee if: The eligible employee provides a statement from a physician certifying that the adult child has an ongoing disability that p…
No operative statutory text appears at this designation in the selected edition.
A retired state or local government officer or employee is not required to participate in one of the group benefit plans described in ORS 243.135 in order to obtain dental benefit plan coverage. The Public Employees’ Benefit Board shall establish by rule standards of eligibility for retired officers or employees to participate in a dental benefit plan.
A member of the Legislative Assembly who is receiving a pension or annuity under ORS 238.092 (1)(a) or 238A.250 (1) shall be eligible to participate as a retired state officer in one of the group benefit plans described in ORS 243.135 after the member ceases to be a member of the Legislative Assembly if the member applies to the Public Employees’ Benefit Boa…
There hereby is created in the General Fund an account to be known as the Public Employees’ Benefit Account, the balances of which are continuously appropriated to cover administrative expenses incurred in connection with the administration of ORS 243.105 to 243.285 and 292.051. There hereby is appropriated to the Public Employees’ Benefit Account, subject …
There is created the Public Employees’ Revolving Fund, separate and distinct from the General Fund. The balances of the Public Employees’ Revolving Fund are continuously appropriated to cover expenses incurred in connection with the administration of ORS 243.105 to 243.285 and 292.051. Assets of the Public Employees’ Revolving Fund may be retained for limite…
When more than one individual shares a single position that is classified as a job-sharing position, the state or the local government shall contribute to obtain coverage for the individuals a total amount not greater than the amount that would be contributed to obtain coverage for one individual in the same position. The individuals shall receive credit for…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Subject to legislative or Emergency Board approval of budgetary authorization for operation of the Public Employees’ Benefit Board and its administration of the health benefit plans and other duties under ORS 243.105 to 243.285 and 292.051, an amount not to exceed two percent of the employer and employee contributions shall be forwarded by each payroll disbu…
No operative statutory text appears at this designation in the selected edition.
The Public Employees’ Benefit Board may allow self-pay groups to participate in benefit plans available to eligible employees, if the group meets a minimum participation level equal to 75 percent of the persons in the group. Notwithstanding paragraph (a) of this subsection, the board may allow nurses or nurse educators who are employed less than half-time b…
The payroll disbursing officer shall submit reports to the Public Employees’ Benefit Board regarding health care coverage for eligible or participating employees as the board considers desirable.
Any eligible employee unable to participate in one or more of the plans described in ORS 243.135 (1) solely because the employee is assigned to perform duties outside the state may be eligible to receive the monthly state or local government contribution, less administrative expenses, as payment of all or part of the cost of a health benefit plan of choice, …
No operative statutory text appears at this designation in the selected edition.
In addition to the powers and duties otherwise provided by law to provide employee benefits, the Public Employees’ Benefit Board may provide, administer and maintain flexible benefit plans under which eligible employees may choose among taxable and nontaxable benefits as provided in the federal Internal Revenue Code. In providing flexible benefit plans, the…
In providing flexible benefit plans under ORS 243.221, the Public Employees’ Benefit Board shall adopt rules as are considered necessary for the establishment and administration of the plans. The board may assess a charge to participating employees to pay the cost of administering the plans and may pay some or all of such cost from funds authorized to pay g…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The state may pay none of the cost of making health benefit plan coverage available to a retired state employee who is an eligible employee and to family members or may agree, by collective bargaining agreement or otherwise, to pay part or all of that cost. Nothing in subsection (1) of this section or other law, except ORS 243.886, prohibits a collective ba…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
A carrier that contracts with the Public Employees’ Benefit Board to provide to eligible employees and their dependents a benefit plan that reimburses the cost of inpatient or outpatient hospital services or supplies shall reimburse a claim for the cost of a hospital service or supply that is covered by, or is similar to a service or supply that is covered b…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
In addition to contracting for health and dental benefit plans, the Public Employees’ Benefit Board may contract with carriers to provide at the expense of participating eligible employees and with or without state or local government participation for coverage, including but not limited to, insurance or other benefit based on life, supplemental medical, sup…
No operative statutory text appears at this designation in the selected edition.
Upon receipt of the request in writing of an eligible employee so to do, the payroll disbursing officer authorized to disburse funds in payment of the salary or wages of the eligible employee may deduct from the salary or wages of the employee an amount of money indicated in the request for payment of the applicable amount set forth in benefit plans selected…
No operative statutory text appears at this designation in the selected edition.
The Public Employees’ Benefit Board may make available one or more fully insured long term care insurance plans. The plans may be made available to eligible employees, retired employees and family members. Notwithstanding ORS 243.105, for purposes of this subsection, “family members” includes family members as defined by the board and also includes the paren…
No operative statutory text appears at this designation in the selected edition.
If the Public Employees’ Benefit Board offers a long term care insurance plan under ORS 243.291, the board shall: Develop effective and cost-effective ways to make the plan available; In consultation with the Public Employees Retirement System, develop plan specifications, eligibility rules, underwriting guidelines and consumer educational materials; and …
No operative statutory text appears at this designation in the selected edition.
The Public Employees’ Benefit Board may group retired state employees and state employees who are not retired for the purpose of entering into contracts for health insurance coverage. Note: 243.302 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 …
As used in this section: “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. “Local government” means any city, county, school district or other special district in this state. “Retired emplo…
It is declared to be the public policy of Oregon that all branches of state government shall be leaders among employing entities within the state in providing to its citizens and employees, through a program of affirmative action, fair and equal opportunities for employment and advancement in programs and services and in the awarding of contracts. “Affirmat…
There is hereby created in the Oregon Department of Administrative Services the position of Director of Affirmative Action. The primary duty of the occupant of this position shall be to direct and monitor affirmative action programs in all state agencies to implement the public policy stated in ORS 243.305. The legislative and judicial branches shall each s…
As used in ORS 243.317 to 243.323: “Public employer” has the meaning given that term in ORS 260.432. “Sexual assault” means unwanted conduct of a sexual nature that is inflicted upon a person or compelled through the use of physical force, manipulation, threat or intimidation. “Workplace harassment” means conduct that constitutes discrimination prohibited…
A public employer shall establish and adopt a written policy that seeks to prevent workplace harassment that occurs between employees or between an employer and an employee in the workplace or at a work-related event that is off the employment premises and coordinated by or through the employer, or between an employer and an employee off the employment premi…
For purposes of a mediation related to claims or allegations of workplace harassment, a mediator in the mediation shall provide a person who is a party to the mediation and who is not represented by an attorney with a copy of the policy described in ORS 243.319. Note: See note under 243.317.
A public employer shall develop written policies and procedures for the prompt investigation of a report of workplace harassment. The policies and procedures must: Provide instruction for maintaining records of workplace harassment. Establish a process for a victim of workplace harassment to file a complaint, provided that the process allows a victim to fi…
Except as provided in subsection (2) or (4) of this section, it is an unlawful employment practice under ORS chapter 659A for a public employer to enter into an agreement with a former, current or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provisi…
No operative statutory text appears at this designation in the selected edition.
As used in this section and ORS 243.327, “state agency” means an agency of the executive branch that is subject to the provisions of ORS chapter 240. Each state agency shall use an information system maintained by the Oregon Department of Administrative Services to track the internal investigations conducted by the state agency regarding allegations of work…
The Oregon Department of Administrative Services shall develop a formal training program to provide introductory and ongoing training for state agency personnel who conduct internal investigations of allegations of workplace discrimination and harassment concerning employees of state agencies. At a minimum, the training program must provide instruction that…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 243.401 to 243.507: “Board” means the Public Employees Retirement Board described in ORS 238.630. “Council” means the Oregon Investment Council created by ORS 293.706. “Deferred compensation contract” means a written agreement entered into by the state and an eligible state employee under the provisions of ORS 243.440. “Deferred compensati…
No operative statutory text appears at this designation in the selected edition.
The Deferred Compensation Fund is created, separate and distinct from the General Fund, for the purpose of holding and investing assets of the state deferred compensation plan and the assets of the deferred compensation plans of participating local governments. Interest and any other earnings of the Deferred Compensation Fund shall be credited to the fund. M…
The Deferred Compensation Fund shall be held by the State Treasurer, who shall be custodian of the fund. Another person may be appointed as custodian of the fund if the State Treasurer and the Public Employees Retirement Board agree to the appointment. On request from the Director of the Public Employees Retirement System or the director’s designee, the Oreg…
No operative statutory text appears at this designation in the selected edition.
The Oregon Investment Council shall establish a program for investment of moneys in the Deferred Compensation Fund. The program shall include policies and procedures for the investment of moneys in the fund. The program and all investments of moneys under the program are subject to the provisions of ORS 293.701 to 293.857. The council shall provide to the P…
On request from the Public Employees Retirement Board, the State Treasurer shall establish all accounts in the Deferred Compensation Fund that are necessary to administer the provisions of ORS 243.401 to 243.507. The accounts shall be established and maintained with the charges assessed under ORS 243.472 against the account balances of the state plan partici…
If a warrant, check or order is issued for the payment of a deferred compensation benefit under the state deferred compensation plan, or for payment of a refund under the state deferred compensation plan, and the warrant, check or order is canceled, declared void or otherwise made unpayable, the payment shall be forfeited and the amount of the payment shall …
No operative statutory text appears at this designation in the selected edition.
The Public Employees Retirement Board shall administer the state deferred compensation plan described in ORS 243.401 to 243.507 on behalf of the state for the benefit of eligible state employees. All assets of the state deferred compensation plan are held in trust for the exclusive benefit of the state plan participants and their beneficiaries. Except as ot…
The state and an eligible state employee may enter into a written deferred compensation contract that provides that a specified portion of the compensation payable to the employee for services rendered by the employee will not be paid or otherwise made available at the time the services are rendered but instead will be paid or otherwise made available at som…
When an eligible state employee agrees to participate in the state deferred compensation plan under ORS 243.401 to 243.507, the employee may indicate a preference with respect to the mode of investment or deposit to be used by the state in investing or depositing the deferred income under the plan. The preference indicated by the employee is not binding on t…
The Public Employees Retirement System shall give each eligible state employee who enters into a deferred compensation contract under the state deferred compensation plan, prior to the deferral of any part of that employee’s salary, a disclosure statement in writing that contains information regarding the options available under the plan for the investment o…
The amount by which an eligible state employee’s salary is reduced under ORS 243.440 shall continue to be included as regular compensation for the purpose of computing the retirement, pension and Social Security benefits earned by the employee. If the amount is deferred on a pretax basis, the amount shall not be considered current taxable income for the purp…
The Public Employees Retirement Board may allow an eligible state employee who is participating in the state deferred compensation plan to defer compensation on an after-tax basis. The board shall establish a separate account for each employee that defers compensation on an after-tax basis, and maintain separate records for those accounts. The Public Employ…
If a benefit is payable under the state deferred compensation plan described in ORS 243.401 to 243.507 to a beneficiary by reason of the death of an eligible state employee participating in the plan, the beneficiary may elect to have all or part of the distribution of deferred amounts paid as an eligible rollover distribution to an individual retirement plan…
Subject to ORS chapter 183, the Public Employees Retirement Board may adopt rules necessary to implement the provisions of ORS 243.401 to 243.507 and determine the terms and conditions of eligible state employee participation and coverage. Rules adopted by the board under this subsection shall establish the terms and conditions of deferred compensation contr…
ORS 243.401 to 243.507 shall be implemented and administered by the Public Employees Retirement Board so that no expense is incurred by the State of Oregon or the Public Employees Retirement Fund and so that the State of Oregon and the Public Employees Retirement System incur no liabilities other than those liabilities that may be imposed under ORS 243.401 t…
A local government that establishes a deferred compensation plan may invest all or part of the plan’s assets through the deferred compensation investment program established by the Oregon Investment Council under ORS 243.421. Plan assets of a local government deferred compensation plan invested through the deferred compensation investment program are not sub…
As a condition of allowing a local government to become a participating local government, and at any time thereafter, the Oregon Investment Council, the Public Employees Retirement Board or the Director of the Public Employees Retirement System may require that the local government provide proof that the local government deferred compensation plan complies w…
A participating local government and the Public Employees Retirement System may enter into a written agreement for the system to provide consolidated billing services, participant enrollment services, participant accounts, data processing, record keeping and other related services that are necessary or appropriate to the administration of the local governmen…
No operative statutory text appears at this designation in the selected edition.
A civil action for damages may not be brought against the state, the State Treasurer, the Oregon Investment Council, the Public Employees Retirement Board, or the officers or employees of the board by reason of: A breach of any duty in administering or investing of funds in the Deferred Compensation Fund; A breach of any duty in administering or investing …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The Deferred Compensation Advisory Committee shall be appointed by the Public Employees Retirement Board, consisting of seven members with knowledge of deferred compensation plans. At the direction of the board, the committee shall advise the Public Employees Retirement Board on policies and procedures and such other matters as the board may request. The t…
Notwithstanding any other provision of law, deferred compensation under a deferred compensation plan that would otherwise be paid by a public employer to an eligible employee shall be paid, in whole or in part, to an alternate payee if and to the extent expressly provided for in the terms of any judgment of annulment or dissolution of marriage or of separati…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The state or any agency thereof shall establish in its accounting system allowances for employees to dedicate part of their salary to a dependent care assistance plan. Upon application by a public employee, the state or any agency thereof shall allow the employee to participate in a dependent care assistance plan at that place of employment. Portions of a …
As used in ORS 243.555 to 243.575: “Expense reimbursement plan” means a plan established by the Public Employees’ Benefit Board in accordance with state and federal tax laws to reimburse qualified employee expenses. “Payroll disbursing officer” means the state officer or official authorized to disburse moneys in payment of salaries and wages of employees o…
The Public Employees’ Benefit Board may provide, administer and maintain an expense reimbursement plan for the benefit of eligible employees of this state. In providing an expense reimbursement plan, the board shall adopt rules to: Determine the qualifications of eligible employees and the expenses eligible for reimbursement. Establish limits on the amoun…
The Public Employees’ Benefit Board may contract with a private organization for administration of an expense reimbursement program. An agreement or contract entered into pursuant to this section may provide that the administering organization shall exercise the authority and responsibility of the board in administering the expense reimbursement program. N…
After the adoption of an expense reimbursement plan by the Public Employees’ Benefit Board, and prior to the effective date of the plan, the state shall enter into a compensation reduction agreement with eligible employees electing to participate in the plan for the purpose of funding reimbursements under the plan. The payroll disbursing officer is authoriz…
The amount by which an eligible employee’s compensation is reduced under ORS 243.570 shall continue to be included as regular salary for the purpose of computing the retirement and pension benefits earned by the employee, but that amount shall not be considered current taxable income for the purpose of computing Social Security benefits or federal and state …
No operative statutory text appears at this designation in the selected edition.
Any political subdivision in this state may establish in its accounting system allowances for employees to dedicate part of their salary to expenses for dependent care, medical expenses, insurance premiums and any other expenses qualified for tax-free reimbursement under the federal Internal Revenue Code. Upon application by a public employee, a political s…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 243.650 to 243.809, unless the context requires otherwise: “Appropriate bargaining unit” means the unit designated by the Employment Relations Board or voluntarily recognized by the public employer to be appropriate for collective bargaining. However, an appropriate bargaining unit may not include both academically licensed and unlicensed or …
The Legislative Assembly finds and declares that: The people of this state have a fundamental interest in the development of harmonious and cooperative relationships between government and its employees; Recognition by public employers of the right of public employees to organize and full acceptance of the principle and procedure of collective negotiation …
Public employees have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with their public employer on matters concerning employment relations.
A labor organization certified by the Employment Relations Board or recognized by the public employer is the exclusive representative of the employees of a public employer for the purposes of collective bargaining with respect to employment relations. Notwithstanding the provisions of subsection (1) of this section, an individual employee or group of employ…
The Legislative Assembly finds that: It is the policy of this state that public funds may not be used to subsidize interference with an employee’s choice to join or to be represented by a labor union. Some public employers use public funds to aid or subsidize efforts to deter union organizing. Use of public funds to deter union organizing is contrary to t…
As used in this section: “Assist, promote or deter union organizing” means any attempt by a public employer to influence the decision of any or all of its employees or the employees of its subcontractors regarding: Whether to support or oppose a labor organization that represents or seeks to represent those employees; or Whether to become a member of any …
It is an unfair labor practice for a public employer or its designated representative to do any of the following: Interfere with, restrain or coerce employees in or because of the exercise of rights guaranteed in ORS 243.662. Dominate, interfere with or assist in the formation, existence or administration of any employee organization. Discriminate in rega…
Whenever a written complaint is filed alleging that any person has engaged in or is engaging in any unfair labor practice listed in ORS 243.672 (1) to (4) and 243.752, the Employment Relations Board or its agent shall: Cause to be served upon such person a copy of the complaint; Investigate the complaint to determine if a hearing on the unfair labor practi…
If a question of representation exists, the Employment Relations Board: Shall, upon application of a public employer, a public employee or a labor organization, designate the appropriate bargaining unit, and in making its determination shall consider such factors as community of interest, wages, hours and other working conditions of the employees involved, …
A petition for representation filed under ORS 243.682 (2) must include a statement of a desire by the employees to be represented and must be signed and dated by the employees during the 180 days before the petition is filed with the Employment Relations Board. Note: 243.684 was enacted into law by the Legislative Assembly but was not added to or made a par…
The Employment Relations Board shall place on the ballot only those labor organizations designated to be placed on the ballot by more than 10 percent of the employees in an appropriate bargaining unit. The ballot shall contain a provision for marking no representation. The board shall determine who is eligible to vote in the election and require the employ…
No election shall be conducted under ORS 243.682 (5) in any appropriate bargaining unit within which during the preceding 12-month period an election was held, nor during the term of any lawful collective bargaining agreement between a public employer and an employee representative. However, a contract with a term of more than three years shall be a bar for …
The Oregon Department of Administrative Services shall represent all state agencies within the executive department which have bargaining units in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of exempt, unclassified and classified employees, except those unclassified employe…
When the employer is obligated to bargain over employment relations during the term of a collective bargaining agreement and the exclusive representative demands to bargain, the bargaining may not, without the consent of both parties and provided the parties have negotiated in good faith, continue past 90 calendar days after the date the notification specifi…
In the event any words or sections of a collective bargaining agreement are declared to be invalid by any court of competent jurisdiction, by ruling by the Employment Relations Board, by statute or constitutional amendment or by inability of the employer or the employees to perform to the terms of the agreement, then upon request by either party the invalid …
A public employer may enter into a written agreement with the exclusive representative of an appropriate bargaining unit setting forth a grievance procedure culminating in binding arbitration or any other dispute resolution process agreed to by the parties. As a condition of enforceability, any arbitration award that orders the reinstatement of a public empl…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
If after a 150-calendar-day period of good faith negotiations over the terms of an agreement or 150 days after certification or recognition of an exclusive representative no agreement has been signed, either or both of the parties may notify the Employment Relations Board of the status of negotiations and the need for assignment of a mediator. Any period of …
The use of volunteers to provide services shall not be considered contracting out for services. The use of reserve police personnel that does not require layoff shall not be considered contracting out for services.
No operative statutory text appears at this designation in the selected edition.
In carrying out the fact-finding procedures authorized in ORS 243.712 (2)(c), the public employer and the exclusive representative may select their own fact finder. Where the parties have not selected their own fact finder within five days after written acknowledgment by the Employment Relations Board that fact-finding has been jointly initiated, the board …
Participation in a strike shall be unlawful for any public employee who is not included in an appropriate bargaining unit for which an exclusive representative has been certified by the Employment Relations Board or recognized by the employer; or is included in an appropriate bargaining unit that provides for resolution of a labor dispute by petition to fina…
No operative statutory text appears at this designation in the selected edition.
Public employees, other than those engaged in a nonprohibited strike, who refuse to cross a picket line shall be deemed to be engaged in a prohibited strike and shall be subject to the terms and conditions of ORS 243.726, pertaining to prohibited strikes.
No operative statutory text appears at this designation in the selected edition.
It is unlawful for any of the following public employees to strike or recognize a picket line of a labor organization while in the performance of official duties: Assistant attorneys general; Deputy district attorneys; Emergency communications worker; Employee of the Oregon Youth Authority who has custody, control or supervision of adjudicated youths; F…
It is unlawful for any employee of a mass transit district, transportation district or municipal bus system to strike or recognize a picket line of a labor organization while in the performance of official duties. As used in this section: “Mass transit district” means a mass transit district established under ORS 267.010 to 267.394. “Transportation distri…
No operative statutory text appears at this designation in the selected edition.
It is the public policy of the State of Oregon that where the right of employees to strike is by law prohibited, it is requisite to the high morale of such employees and the efficient operation of such departments to afford an alternate, expeditious, effective and binding procedure for the resolution of labor disputes and to that end the provisions of ORS 24…
No operative statutory text appears at this designation in the selected edition.
In carrying out the arbitration procedures authorized in ORS 243.712, 243.726 (3)(c) and 243.742, the public employer and the exclusive representative may select their own arbitrator. Where the parties have not selected their own arbitrator within five days after notification by the Employment Relations Board that arbitration is to be initiated, the board s…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
A majority decision of the arbitration panel, under ORS 243.706, 243.726, 243.736, 243.738, 243.742 and 243.746, if supported by competent, material and substantial evidence on the whole record, based upon the factors set forth in ORS 243.746 (4), shall be final and binding upon the parties. Refusal or failure to comply with any provision of a final and bind…
During the pendency of arbitration proceedings that occur after the expiration of a previous collective bargaining agreement, all wages and benefits shall remain frozen at the level last in effect before the agreement expired, except that no public employer shall be required to increase contributions for insurance premiums unless the expiring collective barg…
No operative statutory text appears at this designation in the selected edition.
Nothing in ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290 is intended to prohibit a public employer and the exclusive representative of its employees from entering into a collective bargaining agreement which provides for a compulsory arbitration procedure which is substantially equivalent to ORS 243.742 to 243.756. (Miscellaneous)
The Employment Relations Board shall: Establish procedures for, investigate and resolve any disputes concerning the designation of an appropriate bargaining unit. Establish procedures for, resolve disputes with respect to, and supervise the conduct of elections for the determination of employee representation. Conduct proceedings on complaints of unfair l…
No operative statutory text appears at this designation in the selected edition.
Any provisions of local charters and ordinances adopted pursuant thereto in existence on October 5, 1973, and not in conflict with the rights and duties established in ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290 may remain in full force and effect after the Employment Relations Board has determined that no conflict exists. Notwith…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
When an appropriate bargaining unit includes members of the faculty of a public university listed in ORS 352.002, the duly organized and recognized entity of student government at that university may designate three representatives to meet and confer with the public employer of those members of the faculty and the exclusive representative of that appropriate…
No operative statutory text appears at this designation in the selected edition.
For purposes of proceedings commenced pursuant to ORS 240.060, 240.065, 240.080, 240.123, 243.650 to 243.809 and 341.290, a person may be represented by counsel or any other agent authorized by such person. As used in subsection (1) of this section, “person” means any individual, a labor organization or a public employer.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 243.796 to 243.806: “Designated representative” means a public employee: Who is designated by the exclusive representative as a representative for the employees in a bargaining unit; and For whom: Reasonable paid time is granted under ORS 243.798; or Release time is granted under ORS 243.802. “Release time” means the period of time when …
A public employer shall grant public employees who are designated representatives reasonable time to engage in the following activities during the public employee’s regularly scheduled work hours without loss of compensation, seniority, leave accrual or any other benefits: Investigate and process grievances and other workplace-related complaints on behalf o…
No operative statutory text appears at this designation in the selected edition.
Except as otherwise provided under this section, a public employer and an exclusive representative may negotiate and enter into written agreements whereby: The public employer shall provide a reasonable term of release time for public employees to serve as designated representatives of the exclusive representative or an affiliated labor organization. The p…
A public employer shall provide an exclusive representative of an appropriate bargaining unit reasonable access to employees within the bargaining unit. For purposes of newly hired employees in the bargaining unit, reasonable access includes, but is not limited to: The right to meet with new employees, without loss of employee compensation or leave benefit…
A public employee may enter into an agreement with a labor organization that is the exclusive representative to provide authorization for a public employer to make a deduction from the salary or wages of the public employee, in the manner described in subsection (4) of this section, to pay dues, fees and any other assessments or authorized deductions to the …
For purposes of an arbitration proceeding under ORS 243.706 concerning alleged misconduct by a law enforcement officer: A law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body, has the burden of proof by a preponderance of the evidence to show that: The officer engaged in the alleged misconduct; and Any d…
For matters concerning alleged misconduct by a law enforcement officer, the following shall make determinations regarding the alleged misconduct and impose disciplinary action in response to such determinations in accordance with the uniform standards adopted by the Commission on Statewide Law Enforcement Standards of Conduct and Discipline under ORS 243.812…
No operative statutory text appears at this designation in the selected edition.
The Commission on Statewide Law Enforcement Standards of Conduct and Discipline is established for the purpose of adopting rules that prescribe uniform: Standards of conduct, including guidelines and procedures, to which law enforcement officers shall adhere; and Disciplinary standards and procedures, including a range of disciplinary actions that may incl…
Notwithstanding any provision of ORS chapter 238 or 238A or ORS 243.910 to 243.945, the governing board of a public university listed in ORS 352.002 shall establish and administer an Optional Retirement Plan for administrative and academic employees of the public university. The Optional Retirement Plan must be a qualified plan under the Internal Revenue Cod…
In order to obtain the advantages of 26 U.S.C. 403(b), or any equivalent provision of federal law, an employer may agree with an employee who performs services for an educational institution that: The employee’s salary will be reduced monthly by a stated amount, or the employee will forgo monthly a salary increase of a stated amount; and On behalf of the e…
An agreement executed pursuant to ORS 243.820 by an employee who is subject to ORS chapter 238 or 238A, or a similar retirement program for public employees, in no way affects the contributions to be made or the benefits to be provided for such employee under ORS chapter 238 or 238A or the other similar program. Reduction of salary or forgoing a salary incre…
An eligible football coach and the governing board of a public university listed in ORS 352.002 may enter into an agreement to provide that: The coach’s salary will be reduced monthly by a stated amount that is not less than $25 a month, or the coach will forgo monthly a salary increase of a stated amount that is not less than $25 a month; and The governin…
For the purposes of this section and ORS 243.854 and 243.855, “public employee” means officers or employees, classified, unclassified, exempt and nonexempt, of: State agencies. Community colleges. School districts and education service districts. County governments. City governments. Districts as defined in ORS 255.012 and any other special district. …
To encourage amateur athletic competition at the world level, state agencies and political subdivisions described in ORS 243.853 (2) to (6) may grant leaves of absence on request to any public employee who participates in world, Pan American or Olympic events as a group leader, coach, official or athlete of a United States amateur team for the purpose of pre…
Public employees eligible for the benefits authorized by ORS 243.853 to 243.855 are obligated to reimburse the employer in full through monetary payment, with no interest charge, or through hours worked equivalent to the number of hours spent on athletic leave, or a combination of both. Full reimbursement shall be accomplished at a time not later than 10 yea…
As used in this section, “public employer” has the meaning given that term in ORS 243.650. Whenever a public employer’s employment policies provide for a pay differential for a public employee’s use of bilingual or multilingual skills in performing assigned duties, the policies must provide for, in the same manner as would be provided for the use of any oth…
As used in ORS 243.860 to 243.886, unless the context requires otherwise: “Benefit plan” includes but is not limited to: 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; Self-insurance programs managed by the Oregon Educators Ben…
There is established in the Oregon Health Authority an Oregon Educators Benefit Board consisting of at least 10 members appointed by the Governor, including: Two members representing district boards; Two members representing district management; Two members representing nonmanagement district employees from the largest labor organization representing dist…
The Oregon Educators Benefit Board: Shall adopt rules for the conduct of its business and for carrying out ORS 243.879; and May adopt rules not inconsistent with ORS 243.860 to 243.886 to determine the terms and conditions of eligible employee participation in and coverage under benefit plans. The board shall study all matters connected with the provision…
The Oregon Educators Benefit Board shall contract for benefit plans best designed to meet the needs and provide for the welfare of eligible employees, the districts and local governments. In considering whether to enter into a contract for a benefit plan, the board shall place emphasis on: Employee choice among high-quality plans; Encouragement of a compet…
The governing body of a local government may elect to participate in a benefit plan offered by the Oregon Educators Benefit Board. The decision of the governing body of a local government to participate in a benefit plan offered by the board is in the discretion of the governing body of the local government and is a permissive subject of collective bargaini…
In addition to contracting for health and dental benefit plans, the Oregon Educators Benefit Board may contract with carriers to provide other benefit plans including, but not limited to, insurance or other benefits based on life, supplemental medical, supplemental dental, supplemental vision, accidental death or disability insurance plans. The premium for …
If the Oregon Educators Benefit Board provides options under which an eligible employee may arrange coverage for family members under ORS 243.866, the board shall allow coverage of an adult disabled child of the eligible employee if: The eligible employee provides a statement from a physician certifying that the adult child has an ongoing disability that pr…
The Oregon Educators Benefit Board may make available to eligible employees and family members one or more fully insured long term care benefit plans. Notwithstanding ORS 243.860, for purposes of this subsection, “family member” includes family members, as defined by the board, the parents of the eligible employee and the parents of the spouse or domestic pa…
If the Oregon Educators Benefit Board offers a long term care benefit plan under ORS 243.870, the board shall: Develop effective and cost-effective ways to make the plan available; and In consultation with the Public Employees Retirement System, develop plan specifications, eligibility rules, underwriting guidelines and consumer educational materials. The…
In addition to the powers and duties otherwise provided by law to provide benefit plans for eligible employees, the Oregon Educators Benefit Board may provide and administer flexible benefit plans under which eligible employees may choose among taxable and nontaxable benefits as provided in the federal Internal Revenue Code. In providing flexible benefit pl…
Upon receipt of a request in writing from an eligible employee, the payroll disbursing officer may deduct from the salary or wages of the employee an amount of money indicated in the request for payment of the amount set forth in benefit plans selected by the employee for the employee and family members. Amounts deducted under subsection (1) of this section…
Benefit plans offered by the Oregon Educators Benefit Board that reimburse the cost of medical and other health services and supplies must comply with the requirements for health benefit plan coverage described in: (1) ORS 743A.058; (2) ORS 743A.140; (3) ORS 743A.141; (4) ORS 743B.256; (5) ORS 743B.287 (4); (6) ORS 743B.420; (7) ORS 743B.423; (8) ORS…
The Oregon Educators Benefit Board may employ whatever means are reasonably necessary to carry out the purposes of ORS 243.860 to 243.886. This authority includes, but is not limited to, authority to self-insure and to seek clarification, amendment, modification, suspension or termination of any agreement or contract. Upon providing specific notice in writi…
A carrier that contracts with the Oregon Educators Benefit Board to provide to eligible employees and their dependents a benefit plan that reimburses the cost of inpatient or outpatient hospital services or supplies shall reimburse a claim for the cost of a hospital service or supply that is covered by, or is similar to a service or supply that is covered by…
There is created the Oregon Educators Benefit Account, separate and distinct from the General Fund. Moneys in the account are continuously appropriated to the Oregon Educators Benefit Board to cover the board’s expenses incurred in connection with the administration of ORS 243.860 to 243.886. Subject to ORS 243.882, an amount not to exceed two percent of th…
Subject to legislative budgetary authorization for operation of the Oregon Educators Benefit Board and the board’s administration of benefit plans and other duties under ORS 243.860 to 243.886, an amount not to exceed two percent of the monthly employer and employee contributions for benefit plans shall be forwarded by each participating district and local g…
There is created the Oregon Educators Revolving Fund, separate and distinct from the General Fund. Moneys in the Oregon Educators Revolving Fund are continuously appropriated to the Oregon Educators Benefit Board to cover the board’s expenses incurred in connection with the administration of ORS 243.860 to 243.886. Moneys in the Oregon Educators Revolving Fu…
Except as provided in subsections (2), (3) and (4) of this section, a district may not provide or contract for a benefit plan and eligible employees of districts may not participate in a benefit plan unless the benefit plan: Is provided and administered by the Oregon Educators Benefit Board under ORS 243.860 to 243.886; or Is offered through the health ins…
As used in ORS 243.910 to 243.945: “Board” means the governing board of a public university listed in ORS 352.002 and for the Oregon Health and Science University, the Oregon Health and Science University Board of Directors. “Employees” means the persons appointed or employed by or under the authority of the board who hold academic rank as determined by th…
The board may, in its discretion, assist its employees who are members of the Public Employees Retirement System and who elect to be so assisted by filing an election as provided in ORS 243.940, in the purchase of retirement benefits supplementing the benefits to which those employees are entitled under the system. For this purpose the board and its employee…
If an employee assisted under ORS 243.920 (1) has made contributions to the Public Employees Retirement Fund during each of five calendar years, the board shall contribute an amount toward the purchase of the supplemental retirement benefits equal to the contributions toward the purchase made by the employee on annual salary in excess of $4,800. The amounts …
Pursuant to the provisions of ORS 238.205, an employer may “pick-up,” assume or pay the full amount of contributions which would otherwise have been made by an employee assisted under ORS 243.920, whether the employee agreed to make the contributions by payroll deduction, reduction in salary or the forgoing of a salary increase.
Employees may elect to be assisted by the board under ORS 243.920 (1), or may cancel that election, only as provided in this section. An employee who is a member of the Public Employees Retirement System before the board commences to assist its employees under ORS 243.920 (1) may elect to be so assisted by the board not later than one month before that comm…
Notwithstanding ORS 243.910 to 243.945, any person who is hired on or after September 9, 1995, is not eligible to be assisted by the board under the provisions of ORS 243.910 to 243.945. PUBLIC SAFETY MEMORIAL FUND
The Public Safety Memorial Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the Public Safety Memorial Fund. All moneys deposited in the fund are continuously appropriated to the Department of Public Safety Standards and Training for the purposes of ORS 243.954 to 2…
There is established within the Board on Public Safety Standards and Training a Public Safety Memorial Fund Board consisting of six members appointed by the Governor from the membership of the Board on Public Safety Standards and Training. The Governor shall appoint members to represent each of the following: Police officers; Fire service professionals; C…
As used in ORS 243.954 to 243.974: “Child” means a person who is a natural child, adopted child or stepchild of a public safety officer and who is: 18 years of age or younger; 18 through 22 years of age and enrolled as a full-time undergraduate student; or 18 years of age or older and incapable of self-support due to a physical or mental disability. “De…
A person is eligible for an award of benefits from the Public Safety Memorial Fund if the person: Is a family member, parent or designee of a public safety officer who has suffered a qualifying death or disability; or Is a public safety officer who has suffered a qualifying disability; and Has submitted an initial application for an award of benefits unde…
An applicant for benefits under ORS 243.956 (4) must file an initial application under oath on a form furnished by the Public Safety Memorial Fund Board. The initial application must include: The name and address of the applicant; The public safety officer’s name, the date of the qualifying death or disability and the agency that employed the public safety…
An applicant for benefits under ORS 243.956 (5) to (10) shall file a supplemental application under oath on a form furnished by the Public Safety Memorial Fund Board. The supplemental application must include: The amount of benefits, payments or awards, if any, payable from any source, that the applicant has received or for which the applicant is eligible a…
All information submitted to the Public Safety Memorial Fund Board by an applicant is a public record under ORS 192.311 and is open to public inspection unless the board determines that the information should be kept confidential. Note: See note under 243.950.
In determining the amount of benefits for which an applicant is eligible, the Public Safety Memorial Fund Board shall: Consider the facts stated in the initial application filed under ORS 243.958 or the supplemental application filed under ORS 243.959; Consider the amount of funds available for benefit awards, as provided in the current biennial board budg…
After processing an initial application filed under ORS 243.958 or a supplemental application filed under ORS 243.959, the Public Safety Memorial Fund Board shall enter an order stating: The board’s findings of fact; The board’s decision as to whether benefits are due under ORS 243.954 to 243.974; The amount of benefits, if any, that is due under ORS 243.…
If an applicant disagrees with the order entered under ORS 243.964, the applicant may request reconsideration by the Public Safety Memorial Fund Board by filing the request with the board no later than 30 days after entry of the order. The board shall reconsider any order for which a request for reconsideration is timely received. The board shall notify the …
When a person eligible to receive an award under ORS 243.956 is younger than 18 years of age or is incompetent, the board may pay the award to a relative, guardian or attorney of the person on behalf of and for the benefit of the person. In such case, the board may require the payee to: File an annual accounting of the award with the board; and Take such o…
If the Public Safety Memorial Fund Board awards lump sum benefits under ORS 243.956 and no designation of beneficiary form has been completed under ORS 243.974 (1), the board shall pay the benefits to the family member or parent of a public safety officer who suffered a qualifying death as follows: 100 percent to the surviving spouse. If there is no surviv…
To carry out the provisions and purposes of ORS 243.954 to 243.974, the Public Safety Memorial Fund Board may: Request from law enforcement officials and from any other agency of the state or any local governmental unit such assistance and information as will enable the board to carry out its functions and duties. Request the assistance of the State Treasu…
The Public Safety Memorial Fund Board shall investigate whether gifts made to the board under ORS 243.970 are, or could be, tax deductible contributions for the donors. If the gifts do not qualify as tax deductible contributions, the board shall take whatever actions are necessary to ensure that gifts meet the requirements for tax deductibility, unless such …
At the time a public safety officer is hired or utilized as a volunteer, the agency employing or utilizing the public safety officer shall provide the public safety officer with a designation of beneficiary form on which the public safety officer may elect to designate a person to receive benefits under ORS 243.956 in lieu of the standard beneficiaries ident…