Oregon Administrative Rules
Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM
Division 5 - ADMINISTRATION
Section 459-005-0025 - Student Employee

Universal Citation: OR Admin Rules 459-005-0025

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Under ORS 238.015(4) and 238A.005(4)(d), student employees are not eligible for membership in the system by reason of their student employment. A participating employer is responsible for determining whether a person is ineligible for membership in the system because the person is a student employee.

(2) As used in this rule:

(a) The term "school" includes the following public and private educational institutions: a charter school, an elementary school, a middle school, a junior high school, a high school, a community college, an institution of higher education, an Oregon education service district, and the Oregon State School for the Deaf.

(b) The term "enrolled at least half-time" means that the person is enrolled in a school as a student on at least a half-time basis, as determined by the school in which enrolled.

(3) A participating employer may designate a person as a student employee if:

(a) The person is enrolled at least half-time in a school; and

(b) The employment is principally related to the person's status as a student, or for the purpose of furthering the person's education as a student, e.g. a work-study program, student internship program, etc.

(4) A participating employer may not designate a person as a student employee, and must evaluate whether the person is an employee eligible for membership in the system (as determined under OAR 459-005-0020) if:

(a) The person is not enrolled at least half-time in a school; and

(b) The person's employment is not principally related to the person's status as a student, or for the purpose of furthering the person's education as a student.

(5) If a person qualifies as a student employee under section (3) of this rule, the person may be designated as a student employee during a temporary break that does not exceed an academic quarter or semester, if the student employee has notified the employer of their intent to resume at least half-time enrollment following the break.

(6) For a person whose student employee status varies from time to time, the person's principal status during the school year shall be used in determining whether a person is an ineligible student employee or an eligible employee for that school year.

Statutory/Other Authority: ORS 238.650 & ORS 238A.450

Statutes/Other Implemented: ORS 238.015(4) & ORS 238A.005(4)

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