Bill Text: OR HB3312 | 2013 | Regular Session | Introduced

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Bill Title: Relating to public employee retirement; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3312 Detail]

Download: Oregon-2013-HB3312-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1479

                         House Bill 3312

Sponsored by Representative SPRENGER (at the request of Oregon
  School Boards Association)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires member of Public Employees Retirement System to
contribute ___ percent of salary to benefit funding account.
Provides for amounts in account to be used to fund certain
benefits.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public employee retirement; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 238. + }
  SECTION 2.  { + (1) In addition to other employee contributions
required under ORS chapters 238 and 238A, a member of the Public
Employees Retirement System shall make an employee contribution
of ___ percent of the member's salary to the benefit funding
account established under section 3 of this 2013 Act.
  (2) Contributions required under this section shall be withheld
from an employee's salary.
  (3) Employee contributions made by a member under this section
shall be credited by the Public Employees Retirement Board to the
benefit funding account established for the member under section
3 of this 2013 Act.
  (4) An employer may not agree to pay any part of the employee
contribution required under this section. + }
  SECTION 3.  { + (1) Upon any contributions made by a member
under section 2 of this 2013 Act, the Public Employees Retirement
Board shall establish a benefit funding account for the member,
separate and distinct from the member's regular account. The
account shall consist of the employee contributions made by the
member under section 2 of this 2013 Act.
  (2) Each account created under this section shall be adjusted
at least annually in accordance with rules adopted by the board
to reflect any net earnings or losses on those contributions and
to pay the reasonable administrative costs of maintaining the
account.
  (3) The amounts in the benefit funding account created under
this section may be used only to pay benefits provided under this
chapter.

  (4) Except as provided in subsection (3) of this section, a
member has no right to any of the amounts in the benefit funding
account created under this section.
  (5) If the amounts in a benefit funding account created under
this section cannot be used to pay for benefits provided under
this chapter, the amounts in the account shall be applied by the
board to offset employer contributions of the employers of the
member for whom the account was created that would otherwise be
due under ORS 238.225. + }
  SECTION 4.  { + Section 5 of this 2013 Act is added to and made
a part of ORS chapter 238A. + }
  SECTION 5.  { + (1) In addition to other employee contributions
required under this chapter, a member of the Public Employees
Retirement System shall make an employee contribution of
___ percent of the member's salary to the benefit funding account
established under section 6 of this 2013 Act.
  (2) Contributions required under this section shall be withheld
from an employee's salary.
  (3) Employee contributions made by a member under this section
shall be credited by the Public Employees Retirement Board to the
benefit funding account established for the member under section
6 of this 2013 Act.
  (4) An employer may not agree to pay any part of the employee
contribution required under this section. + }
  SECTION 6.  { + (1) Upon any contributions made by a member
under section 5 of this 2013 Act, the Public Employees Retirement
Board shall establish a benefit funding account for the member,
separate and distinct from the individual account created under
ORS 238A.350. The account shall consist of the employee
contributions made by the member under section 5 of this 2013
Act.
  (2) Each account created under this section shall be adjusted
at least annually in accordance with rules adopted by the board
to reflect any net earnings or losses on those contributions and
to pay the reasonable administrative costs of maintaining the
account.
  (3) The amounts in the benefit funding account created under
this section may be used only to pay the cost of the member's
pension under the pension program.
  (4) Except as provided in subsection (3) of this section, a
member has no right to any of the amounts in the benefit funding
account created under this section.
  (5) If the amounts in a benefit funding account created under
this section cannot be used to pay for the cost of a member's
pension under the pension program, the amounts in the account
shall be applied by the board to offset employer contributions of
the employers of the member for whom the account was created that
would otherwise be due under ORS 238.225 and 238A.220. + }
  SECTION 7.  { + The contributions required by sections 2 and 5
of this 2013 Act must first be made for salary paid for the month
of ______, 2013. + }
  SECTION 8.  { + (1) Jurisdiction is conferred on the Supreme
Court to determine in the manner provided by this section whether
this 2013 Act breaches any contract between members of the Public
Employees Retirement System and their employers or violates any
constitutional provision, including but not limited to impairment
of contract rights of members of the Public Employees Retirement
System under Article I, section 21, of the Oregon Constitution,
or Article I, section 10, clause 1, of the United States
Constitution.
  (2) A person who is or who will be adversely affected by this
2013 Act may institute a proceeding for review by filing with the
Supreme Court a petition that meets the following requirements:
  (a) The petition must be filed within 60 days after the
effective date of this 2013 Act.
  (b) The petition must include the following:
  (A) A statement of the basis of the challenge; and
  (B) A statement and supporting affidavit showing how the
petitioner is or will be adversely affected.
  (3) The petitioner shall serve a copy of the petition by
registered or certified mail upon the Public Employees Retirement
Board, the Attorney General and the Governor.
  (4) Proceedings for review under this section shall be given
priority over all other matters before the Supreme Court.
  (5) The Supreme Court shall allow public employers
participating in the Public Employees Retirement System to
intervene in any proceeding under this section.
  (6) In the event the Supreme Court determines that there are
factual issues in the petition, the Supreme Court may appoint a
special master to hear evidence and to prepare recommended
findings of fact. + }
  SECTION 9.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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