Current through Register Vol. 63, No. 3, March 1, 2024
(1) For the purpose
of this rule:
(a) "Concurrent positions"
means employment with two or more participating employers in the same calendar
year.
(b) "Partial year of hire"
means a period in the calendar year the employee begins employment after the
first working day of the year, and continues employment through December
31.
(c) "Partial year of
separation" means a period in the calendar year the employee separates from
employment that begins on January 1 of the year and ends before the last
working day of the year.
(d)
"Qualifying position" means a position designated by the employer as
qualifying, including a position in a partial year of hire, partial year of
separation, or short segment, except:
(A) A
position or concurrent positions in which an employee performs at least 600
hours of service in a calendar year is qualifying regardless of employer
designation.
(B) A position in a
partial year of separation is qualifying regardless of employer designation if
the position is continued from an immediately preceding calendar year in which
the employee performed at least 600 hours of service in the position or
concurrent positions.
(C) A
position with one employer in which the employee is employed for the entire
calendar year and fails to perform at least 600 hours of service in that
position or concurrent positions in the calendar year is non-qualifying
regardless of employer designation.
(e) "Service" means a period in which an
employee:
(A) Is in an employer/employee
relationship, as defined in OAR 459-005-0020; and
(B) Receives a payment of "salary," as
defined in ORS 238.005 or similar payment from
workers compensation or disability.
(f) "Short segment" means a period in the
calendar year during which the employee is hired after the first working day of
the year, and separated from employment before the last working day of the same
calendar year.
(2) At
the time an employee is hired, an employer must designate the employee's
position as qualifying or non-qualifying. An employer must designate a position
as qualifying if the position is one in which an employee would normally
perform at least 600 hours of service in a calendar year.
(3) Employer designation of a position as
qualifying or non-qualifying must be determined by PERS from information
communicated to PERS by the employer. An employer designation that is contrary
to the provisions of subsection (1)(d) of this rule in any calendar year will
be reversed for that calendar year.
(4) Eligibility. An employee who was employed
in a qualifying position before August 29, 2003 by an employer participating in
the PERS Chapter 238 Program was eligible to become a member of that program if
the employee:
(a) Began the six-month waiting
period described in OAR 459-010-0035 before August 29, 2003;
(b) Did not elect to participate in an
optional or alternative retirement plan as provided in ORS Chapters 243, 341,
or 353; and
(c) Was not otherwise
ineligible for membership.
(5) EstablishingMembership. An employee who
meets the requirements of section (4) of this rule becomes a member of the PERS
Chapter 238 Program on the first day of the calendar month following the
completion of the six-month waiting period described in OAR 459-010-0035
provided that the employee is employed on that date by the same employer that
employed the employee throughout the waiting period.
(6) Maintaining Membership. An employee who
becomes a member of the PERS Chapter 238 Program under section (5) is eligible
for membership in the system for service performed in a qualifying position on
and after August 29, 2003, unless the employee:
(a) Terminates their membership under ORS
238.095;
(b) Elects to participate in an optional or
alternative retirement plan as provided in ORS Chapters 237, 243, 341, or 353,
and does not qualify for concurrent service eligibility under OAR 459-005-0350;
or
(c) Becomes otherwise ineligible
for membership.
Statutory/Other Authority: ORS
238.650
Statutes/Other Implemented: ORS
238.005, ORS
238.015 & ORS
238A.025
