ORS 238A.160 Normal retirement age; normal retirement date

Except as provided in subsections (2) and (3) of this section, normal retirement age for a member of the pension program is the earlier of:

65 years of age; or

58 years of age if the member has 30 years or more of retirement credit.

Normal retirement age for a member of the pension program who retires from service as a police officer or firefighter, and whose last 60 months of retirement credit preceding retirement eligibility under this section is classified as retirement credit for service as a police officer or a firefighter, is the earlier of:

55 years of age; or

53 years of age if the member has 25 years or more of retirement credit.

A member who establishes retirement eligibility under this subsection retains retirement eligibility as a police officer or firefighter, even if the member performs service thereafter only as other than a police officer or firefighter.

A period of leave from a position as a police officer or firefighter for which a member is entitled to retirement credit for service as a police officer or firefighter and which is part of the member’s last 60 months of retirement credit preceding retirement eligibility under this section shall be counted as part of the last 60 months of retirement credit required for retirement eligibility under this section.

Retirement credit for a month in which a member performs service as both a police officer or firefighter and as other than a police officer or firefighter shall be classified as retirement credit for service as a police officer or firefighter for purposes of this section.

A member employed as a police officer or firefighter is not required to restart the last 60 months of retirement credit required for retirement eligibility under this section when the member:

Is on unpaid leave from the member’s position as a police officer or firefighter and is receiving insurance payments for short-term or long-term disability for which retirement credit is not available under ORS 238A.155; and

Is concurrently employed and performing service as other than a police officer or firefighter.

Normal retirement age for a member of the pension program who retires from service as a school employee as defined by ORS 238A.140 is the earlier of:

65 years of age; or

58 years of age if the member has been an active member in 30 or more calendar years.

The normal retirement date of a member is the first day of the month beginning on or after the date the member reaches normal retirement age. [2003 c.733 §15; 2005 c.808 §35; 2023 c.404 §18; 2024 c.101 §4]

238A.160. (1) Except as provided in subsections (2) to (4) of this section, normal retirement age for a member of the pension program is the earlier of:

65 years of age; or

58 years of age if the member has 30 years or more of retirement credit.

Normal retirement age for a member of the pension program who retires from service as a police officer or firefighter, and whose last 60 months of retirement credit preceding retirement eligibility under this section is classified as retirement credit for service as a police officer or a firefighter, is the earlier of:

55 years of age; or

53 years of age if the member has 25 years or more of retirement credit.

A member who establishes retirement eligibility under this subsection retains retirement eligibility as a police officer or firefighter, even if the member performs service thereafter only as other than a police officer or firefighter.

A period of leave from a position as a police officer or firefighter for which a member is entitled to retirement credit for service as a police officer or firefighter and which is part of the member’s last 60 months of retirement credit preceding retirement eligibility under this section shall be counted as part of the last 60 months of retirement credit required for retirement eligibility under this section.

Retirement credit for a month in which a member performs service as both a police officer or firefighter and as other than a police officer or firefighter shall be classified as retirement credit for service as a police officer or firefighter for purposes of this section.

A member employed as a police officer or firefighter is not required to restart the last 60 months of retirement credit required for retirement eligibility under this section when the member:

Is on unpaid leave from the member’s position as a police officer or firefighter and is receiving insurance payments for short-term or long-term disability for which retirement credit is not available under ORS 238A.155; and

Is concurrently employed and performing service as other than a police officer or firefighter.

Normal retirement age for a member of the pension program who retires from service as a person in a hazardous position, and whose last 60 months of retirement credit preceding retirement eligibility under this section is classified as retirement credit for service in a hazardous position, is the earlier of:

60 years of age; or

58 years of age if the member has 25 or more years of retirement credit.

A member who establishes retirement eligibility under this subsection retains retirement eligibility as a person serving in a hazardous position, even if the member performs service thereafter only in other than a hazardous position.

A period of leave from a hazardous position for which a member is entitled to retirement credit for service in a hazardous position and which is part of the member’s last 60 months of retirement credit preceding retirement eligibility under this section shall be counted as part of the last 60 months of retirement credit required for retirement eligibility under this section.

Retirement credit for a month in which a member performs service both in a hazardous position and in other than a hazardous position shall be classified as retirement credit for service in a hazardous position for purposes of this section.

A member employed in a hazardous position is not required to restart the last 60 months of retirement credit required for retirement eligibility under this section when the member:

Is on unpaid leave from the member’s hazardous position and is receiving insurance payments for short-term or long-term disability for which retirement credit is not available under ORS 238A.155; and

Is concurrently employed and performing service in other than a hazardous position.

Normal retirement age for a member of the pension program who retires from service as a school employee as defined by ORS 238A.140 is the earlier of:

65 years of age; or

58 years of age if the member has been an active member in 30 or more calendar years.

The normal retirement date of a member is the first day of the month beginning on or after the date the member reaches normal retirement age.

Sec. 18. (3) A member is of normal retirement age for purposes of ORS 238A.160 (3), as amended by section 5 of this 2024 Act, if the member, on or after the operative date specified in subsection (1) of this section:

Meets the age or age and retirement credit requirements of ORS 238A.160 (3);

Was last employed in a qualifying position that is a hazardous position; and

Has accrued their last 60 months of retirement credit in one or more positions that qualify or would qualify as hazardous positions, as defined in ORS 238A.005, as amended by section 2 of this 2024 Act.

Any member who would have established retirement eligibility under ORS 238A.160 (3), had the amendments to ORS 238A.160 (3) by section 5 of this 2024 Act become operative on January 1, 2019, is eligible to retire under ORS 238A.130 (3) on and after January 1, 2030. Service before January 1, 2019, may not be used to establish retirement eligibility under this subsection.