Oregon Law
Law as of Jan 1, 2024
Chapter contents
243.005Definitions for ORS 243.005 to 243.045 243.010[Amended by 1955 c.203 §1; 1959 c.162 §1; 1969 c.597 §141; repealed by 1971 c.692 §14] 243.015Life insurance for police and firefighters 243.020[Amended by 1955 c.203 §2; 1955 c.503 §1; 1957 c.204 §1; 1959 c.162 §2; repealed by 1971 c.692 §14] 243.025Issuance of $10,000 life insurance certificate 243.030[Amended by 1955 c.203 §3; repealed by 1955 c.503 §2] 243.035Premiums and administrative costs to be budgeted and paid by public employers 243.040[Amended by 1955 c.203 §4; 1959 c.162 §3; repealed by 1971 c.692 §14] 243.045Police and firefighters considered common group for certain purposes 243.050[Amended by 1955 c.203 §5; 1959 c.162 §4; 1969 c.502 §6; repealed by 1971 c.692 §14] 243.055Exemption from requirements of ORS 243.005 to 243.045 for certain public employers 243.057Role of executive director 243.060[Amended by 1955 c.203 §6; 1957 c.204 §2; 1959 c.162 §5; 1969 c.502 §7; repealed by 1971 c.692 §14] 243.061Public Employees’ Benefit Board; members; term; confirmation; expenses 243.066Officers; quorum; meetings 243.070[Repealed by 1971 c.692 §14] 243.105Definitions for ORS 243.105 to 243.285 243.107Employees of public universities eligible to participate in benefit plan 243.110[1955 c.313 §1; 1959 c.540 §1; 1963 c.313 §1; repealed by 1967 c.627 §12] 243.115[1971 c.527 §2; 1973 c.792 §7; 1989 c.563 §1; 1993 c.500 §9; repealed by 1997 c.222 §54] 243.120[1963 c.331 §8; 1967 c.267 §1; repealed by 1967 c.627 §12] 243.125Powers and duties of board; rules 243.129Participation in benefit plan by local government 243.130[1981 c.93 §4; repealed by 1997 c.222 §54] 243.135Health benefit plans for eligible employees; terms and conditions 243.140Health benefit and dental plans for persons operating foster homes 243.142Application for federal waiver 243.144Health benefit plan coverage requirements 243.145Board authority with respect to health benefit plans; termination of participation 243.155[1971 c.527 §6; 1975 c.667 §2; repealed by 1997 c.222 §54] 243.156Coverage of adult disabled children 243.157[1985 c.224 §4; repealed by 1991 c.969 §7] 243.160Eligibility of retired officer or employee to participate in dental benefit plan; rules 243.163Eligibility of former member of Legislative Assembly to participate in group benefit plan 243.165Public Employees’ Benefit Account; continuing appropriation to account 243.167Public Employees’ Revolving Fund; continuing appropriation to fund 243.170Contributions for job-share employees limited 243.175[1971 c.527 §8; 1973 c.225 §1; 1975 c.667 §3; 1977 c.570 §3; 1979 c.302 §1; repealed by 1997 c.222 §54] 243.180[1975 c.667 §5; 1977 c.570 §4; 1979 c.302 §2; 1979 c.538 §2; repealed by 1997 c.222 §54] 243.182[1981 c.93 §3; repealed by 1997 c.222 §54] 243.185Transfer of moneys from General Fund for payment of costs of health benefit plans 243.195[1971 c.527 §10; repealed by 1997 c.222 §54] 243.200Participation of self-pay groups in benefit plans 243.205Reports 243.215Certain eligible employees permitted to receive employer contributions for health benefit plans of their choice; rules 243.220[1977 c.675 §1; renumbered 243.345] 243.221Options that may be offered under flexible benefit plan 243.223Rules for flexible benefit plans; costs 243.225[1977 c.675 §2; renumbered 243.350] 243.230[1979 c.469 §2; 1985 c.224 §5; 1987 c.158 §36; 1989 c.1006 §6; repealed by 1997 c.222 §54] 243.232[1983 c.266 §4; 1995 c.612 §16; repealed by 1997 c.222 §54] 243.235[1979 c.469 §3; 1989 c.1006 §1; repealed by 1997 c.222 §54] 243.240[1979 c.469 §5; repealed by 1997 c.222 §54] 243.245[1979 c.469 §6; repealed by 1997 c.222 §54] 243.250[1979 c.469 §7; repealed by 1997 c.222 §54] 243.252Payment of cost for employees or retirees 243.253[1981 c.773 §2; repealed by 1997 c.222 §54] 243.255[1979 c.469 §8; repealed by 1997 c.222 §54] 243.256Reimbursement methodology for payment to hospitals 243.260[1979 c.469 §9; repealed by 1997 c.222 §54] 243.265[1979 c.469 §10; repealed by 1997 c.222 §54] 243.270[1979 c.469 §11; repealed by 1997 c.222 §54] 243.275Additional benefit plans authorized; assessment for expenses 243.280[1979 c.469 §14; repealed by 1997 c.222 §54] 243.285Salary deductions; payment of moneys deducted 243.290[1979 c.469 §15; repealed by 1997 c.222 §54] 243.291Plan eligibility; costs to be paid by participants; fees 243.295[1979 c.469 §16; repealed by 1997 c.222 §54] 243.296Requirements when board offers long term care insurance plan 243.300[1979 c.469 §17; repealed by 1997 c.222 §54] 243.302Grouping retired and nonretired employees for health insurance coverage 243.303Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children 243.305Policy of affirmative action and fair and equal employment opportunities and advancement 243.315Director of Affirmative Action; duties; legislative and judicial branches to monitor own programs 243.317Definitions for ORS 243.317 to 243.323 243.319Written policy regarding workplace harassment; requirements 243.320Copy of policy to be provided to unrepresented party 243.321Written policies and procedures regarding investigation of report of workplace harassment; requirements 243.323Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment; exceptions; remedy for violation 243.325[1979 c.830 §1; 1997 c.249 §73; 2001 c.104 §74; renumbered 243.853 in 2023] 243.326State agencies to use information systems to track internal investigations of workplace discrimination and harassment 243.327Training program for personnel who conduct internal investigations of workplace discrimination and harassment 243.330[1979 c.830 §2; renumbered 243.854 in 2023] 243.335[1979 c.830 §3; 1997 c.249 §74; renumbered 243.855 in 2023] 243.345[Formerly 243.220; repealed by 2015 c.158 §30] 243.350[Formerly 243.225; repealed by 2015 c.158 §30] 243.400[1977 c.721 §2; 1979 c.468 §31; 1991 c.618 §1; repealed by 1997 c.179 §1 (243.401 enacted in lieu of 243.400)] 243.401Definitions for ORS 243.401 to 243.507 243.410[1977 c.721 §3; 1983 c.789 §1; 1991 c.618 §2; repealed by 1997 c.179 §36] 243.411Deferred Compensation Fund 243.416State Treasurer as fund custodian; administration 243.420[1977 c.721 §10; 1983 c.789 §2; repealed by 1991 c.618 §20] 243.421Investment program for fund; securities law not applicable 243.426Accounts; use for administrative expenses 243.428Forfeited payments; use of moneys 243.430[1977 c.721 §4; 1985 c.256 §1; 1985 c.690 §1; 1991 c.618 §3; repealed by 1997 c.179 §36] 243.435Plan contents; assets held in trust; use of moneys; recovery of overpayments; assignment of benefits prohibited 243.440Salary reduction for deferred compensation plan; amount; payment 243.445Employee choice of plans; choice not binding; change in value of employee assets not to affect net worth of state 243.450Disclosure statement; contents 243.460Effect of deferred compensation on current taxable income and on retirement programs 243.462Option to defer compensation on after-tax basis 243.465Rollover distribution of deferred amounts to beneficiary 243.470Administration of deferred compensation program; rules 243.472Costs of plan administration assessed against participants; apportionment of expenses; expenses not board budgeted items 243.474Investment of local government plan assets through investment program; agreement with Public Employees Retirement System; charges against participants 243.476Compliance with federal requirements 243.478Plan administration agreements; costs 243.480[1977 c.721 §9; 1983 c.789 §6; repealed by 1991 c.618 §20] 243.482Immunity of governmental agencies from liability for plan administration or investment of funds 243.490[1977 c.721 §7; repealed by 1997 c.179 §36] 243.495[1977 c.721 §13; 1983 c.789 §7; 1991 c.618 §8; repealed by 1997 c.179 §36] 243.505Deferred Compensation Advisory Committee 243.507Payment of deferred compensation to alternate payee under judgment or order; procedure; compliance with state and federal requirements; administrative expenses; limitations; rules 243.510[1955 c.368 §1; repealed by 1975 c.609 §25] 243.520[1955 c.368 §2; repealed by 1975 c.609 §25] 243.530[1955 c.368 §3; repealed by 1975 c.609 §25] 243.540[1955 c.368 §4; repealed by 1975 c.609 §25] 243.550Dependent care assistance plan 243.555Definitions for ORS 243.555 to 243.575 243.560Rulemaking; charge for administration; records 243.565Administration of plan 243.570Compensation reduction agreement 243.575Computation of retirement and pension benefits; taxable income 243.580[1987 c.621 §8; repealed by 1989 c.160 §4] 243.585Accounting system allowances for dedication of salary 243.610[1955 c.382 §1; repealed by 1975 c.609 §25] 243.620[1955 c.382 §2; 1961 c.507 §1; repealed by 1975 c.609 §25] 243.650Definitions for ORS 243.650 to 243.809 243.656Policy statement 243.662Rights of public employees to join labor organizations 243.666Certified or recognized labor organization as exclusive employee group representative 243.668Legislative findings 243.670Prohibition of actions by public employer to assist, promote or deter union organizing; rules 243.672Unfair labor practices; complaints; filing fees 243.676Processing of unfair labor practice complaints; civil penalties 243.682Representation questions; investigation and hearings on petitions; certification without election; rules; elections 243.684Requirements for petition for representation 243.686Representation elections; ballot form; determining organization to be certified; consent elections 243.692Limitation on successive representation elections 243.696Bargaining representatives for executive department state agencies, judicial department and legislative department 243.698Expedited bargaining process; notice; implementation of proposed changes 243.702Renegotiation of invalid provisions in agreements 243.706Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process; powers of arbitrator 243.710[1963 c.579 §2; repealed by 1969 c.671 §1 (243.711 enacted in lieu of 243.710)] 243.711[1969 c.671 §2 (enacted in lieu of 243.710); 1973 c.536 §1; renumbered 243.650] 243.712Mediation upon failure to agree after 150-day period; impasse; final offer; fact-finding; effect of subsequent arbitration decision 243.716Use of volunteers not contracting out for services 243.720[1963 c.579 §1; repealed by 1973 c.536 §39] 243.722Fact-finding procedure; costs; basis for findings and opinions; effect of subsequent arbitration decision 243.726Public employee strikes; equitable relief against certain strikes; effect of unfair labor practice charge on prohibited strike 243.730[1963 c.579 §3; 1973 c.536 §3; renumbered 243.662] 243.732Refusal to cross picket line as prohibited strike 243.735[1969 c.671 §5; 1973 c.536 §6; renumbered 243.666] 243.736Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel 243.738Strikes by employees of mass transit districts, transportation districts and municipal bus systems 243.740[1963 c.579 §4; repealed by 1973 c.536 §39] 243.742Binding arbitration when strike prohibited 243.745[1969 c.671 §6; repealed by 1973 c.536 §39] 243.746Selection of arbitrator; arbitration procedure; last best offers; bases for findings and opinions; sharing arbitration costs 243.750[1963 c.579 §5; repealed by 1969 c.671 §3 (243.751 enacted in lieu of 243.750)] 243.751[1969 c.671 §4 (enacted in lieu of 243.750); repealed by 1973 c.536 §39] 243.752Arbitration decision final; enforcement; effective date of compensation increases; modifying award 243.756Employment conditions during arbitration 243.760[1963 c.579 §6; repealed by 1973 c.536 §39] 243.762Alternative arbitration procedure under collective bargaining agreement 243.766Board duties in administration of collective bargaining laws; rules 243.770[1965 c.390 §5; 1971 c.582 §10; repealed by 1973 c.536 §39] 243.772Effect of collective bargaining laws on local charters and ordinances 243.775[1995 c.600 §2; renumbered 243.800 in 1997] 243.776[1973 c.536 §32; repealed by 2019 c.429 §19] 243.778Student representation when bargaining unit includes public university faculty; duties of student representatives; confidentiality requirements 243.780[1965 c.543 §§2,3,4; 1969 c.80 §35b; repealed by 1973 c.536 §39] 243.782Representation by counsel authorized 243.785[1969 c.671 §7; repealed by 1973 c.536 §39] 243.787[1969 c.671 §8; repealed by 1973 c.536 §39] 243.789[1969 c.671 §11; repealed by 1973 c.536 §39] 243.791[1969 c.671 §12; repealed by 1973 c.536 §39] 243.793[1969 c.671 §9; repealed by 1973 c.536 §39] 243.795[1969 c.671 §10; repealed by 1973 c.536 §39] 243.796Definitions for ORS 243.796 to 243.806 243.798Reasonable time granted to designated representatives to engage in certain activities during work hours 243.800[Formerly 243.775; 2001 c.945 §66; 2003 c.67 §34; 2003 c.733 §69; 2005 c.611 §1; 2007 c.71 §76; 2007 c.769 §5; 2013 c.174 §1; 2013 c.768 §114; 2015 c.767 §66; 2017 c.569 §4; 2019 c.355 §18; renumbered 243.815 in 2019] 243.802Written agreements regarding grant of period of release time for public employees to serve as designated representatives; requirements during period of release time 243.804Reasonable access to employees within bargaining unit; duties of public employer regarding employee information in employer’s records 243.806Agreement authorizing public employer to make deductions from salary or wages of public employee; duties of public employer regarding deductions and remittance; revoking authorization 243.808Arbitration concerning alleged misconduct by law enforcement officer 243.809Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards 243.810[1965 c.606 §1; 1979 c.227 §1; 1981 c.407 §2; 1995 c.162 §66; repealed by 2007 c.704 §2] 243.812Commission on Statewide Law Enforcement Standards of Conduct and Discipline; duties; members; establishment of standards; open hearings; reporting; rules 243.815Optional retirement plan for certain academic and administrative public university employees 243.820Agreement for payment of annuity premium or investment in stock of regulated investment company 243.830Effect of agreement on retirement contributions and benefits 243.850Qualified football coaches plan; participation; salary deduction 243.853“Public employee” defined 243.854Leaves of absence for athletic competition; requirements; maximum period; reinstatement 243.855Reimbursement to public employer 243.860Definitions for ORS 243.860 to 243.886 243.862Oregon Educators Benefit Board; members; term; expenses; officers; quorum; meetings; confirmation 243.864Duties; rules; contracts; personnel 243.866Benefit plans; criteria; coverage options; payroll deductions; rules 243.867Participation in benefit plan by local government 243.868Benefit plans for other than health and dental benefits; premiums; district plans 243.869Coverage of adult disabled children 243.870Long term care benefit plans 243.872Requirements when board offers long term care benefit plan 243.874Flexible benefit plans; rules 243.876Payroll deductions; reports 243.877Health benefit plan coverage requirements 243.878Board authority with respect to health benefit plans; termination of participation 243.879Reimbursement methodology for payment to hospitals 243.880Oregon Educators Benefit Account; continuing appropriation; monthly deposits 243.882Monthly participation assessment; purposes; maximum account balance 243.884Oregon Educators Revolving Fund; continuous appropriation to board; purposes; rules; moneys paid into fund 243.886Limitations on district participation in benefit plans; exceptions 243.910Definitions for ORS 243.910 to 243.945 243.920Assisting employees to obtain supplemental benefits; employee contribution 243.930Board contributions; investment; purchase of benefits 243.935Employer assumption of full amount of employee contributions 243.940Employee election; cancellation of election 243.945Employees not eligible for assistance 243.950Public Safety Memorial Fund 243.952Public Safety Memorial Fund Board; officers; quorum; meetings; staff 243.954Definitions for ORS 243.954 to 243.974 243.956Eligibility for benefits from fund; types of benefits 243.958Initial application for benefits 243.959Supplemental application for benefits 243.960Application information public record 243.962Determination of award amount 243.964Order 243.966Reconsideration; no review 243.968Payment of awards 243.969Payment of lump sum benefits 243.970Authority of board; rules; report 243.972Gifts; requirements for tax deductibility 243.974Designation of beneficiary form; notice required when public safety officer suffers qualifying death or disability

Chapter 243 — Public Employee Rights and Benefits

ORS 243.853 “Public employee” defined

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:

(1)

State agencies.

(2)

Community colleges.

(3)

School districts and education service districts.

(4)

County governments.

(5)

City governments.

(6)

Districts as defined in ORS 255.012 and any other special district.

Note: 243.853 to 243.855 were made a part of ORS

chapter 243 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.