Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Purpose. The purpose of this
rule is to implement section 13, chapter 733, Oregon Laws 2003 (Enrolled HB
2020).
(2)
Limitation of
scope of rule. Contributions, benefits and service credit provided under
this rule shall not exceed contributions, benefits and retirement credit
required under federal law for periods of military service.
(3)
Definitions. For purposes of
this rule:
(a) "Employee" means an employee,
as defined in OAR
459-070-0001, who:
(A) Has established membership in the pension
program in accordance with section 5(1), chapter 733, Oregon Laws 2003
(Enrolled HB 2020); or
(B) Is
entitled to credit toward the probationary period required by section 5(1),
chapter 733, Oregon Laws 2003 (Enrolled HB 2020).
(b) "Employer" means the legal entity that
employed an individual at the time that individual left for military service.
For purposes of this rule, the state of Oregon is a single legal entity. Each
separate school district is a separate legal entity.
(c) "Military service" means the performance
of duty on a voluntary or involuntary basis in a uniformed service under
competent authority and includes:
(A) Active
duty;
(B) Active duty for
training;
(C) Initial active duty
for training;
(D) Inactive duty
training;
(E) Full-time National
Guard duty;
(F) A period for which
a person is absent from a position of employment for the purpose of an
examination to determine the fitness of the person to perform any of the above
types of duty; or
(G) A period for
which a person is absent from employment for the purpose of performing funeral
honors duty as authorized by 10 U.S.C. §
12503 or 32 U.S.C. §
115.
(d) "Uniformed
services" means the following:
(A) Armed
Forces;
(B) Army National
Guard;
(C) Air National
Guard;
(D) Commissioned corps of
the Public Health Service; and
(E)
Any other category of persons designated by the President in time of war or
national emergency.
(e)
"USERRA" means the 1994 federal Uniformed Services Employment and Reemployment
Rights Act as in effect on the effective date of this rule.
(4)
Eligibility for
retirement credit under USERRA. An employee shall be entitled to the
benefits of this rule if:
(a) The employee
leaves employment with a participating public employer to perform military
service;
(b) The cumulative length
of the employee's absence from employment with the employer for military
service does not exceed the limits set forth in USERRA §4312;
(c) The employee initiates reemployment with
the same participating public employer within the time limits specified in
USERRA §4312; and
(d) All
other eligibility requirements for benefits under USERRA are met.
(5)
Retirement credit for
military service under USERRA. An employee who meets the eligibility
requirements of section (4) of this rule shall receive the amount of credit
toward the period of employment required under section 29, chapter 733, Oregon
Laws 2003 (Enrolled House Bill 2020), and the vesting requirements described
under section 31, chapter 733, Oregon Laws 2003 (Enrolled House Bill 2020), as
well as the retirement credit the employee would have accrued if he or she had
remained in employment with the employer during the period of military
service.
(6) Termination. An
employee's eligibility for the benefits of this rule terminates upon the
occurrence of one of the disqualifying events listed in USERRA
§4304.
(7) Employer
contributions. Any employer contributions associated with credit for military
service under this rule shall be made as directed by PERS in accordance with
section 24, chapter 733, Oregon Laws 2003 (Enrolled HB 2020).
Publications: Publications referenced are available from the
agency.
Stat. Auth.: OL 2003 Ch. 733
Stats. Implemented: OL 2003 Ch. 733; USERRA
§4312
