238.200
Employee contributions generally.
(1)(a) An active member of the Public Employees Retirement System shall
contribute to the Public Employees Retirement Fund and there shall be withheld
from salary of the member six percent of that salary as an employee
contribution.
(b)
Notwithstanding paragraph (a) of this subsection, an employee who is an active
member of the system on August 21, 1981, shall contribute to the fund and there
shall be withheld from salary of the member, as long as the employee continues
to be an active member of the system, four percent of that salary if the salary
for a month is less than $500, or five percent of that salary if the salary for
a month is $500 or more and less than $1,000. Notwithstanding subsection (2) of
this section, for the purpose of computing the percentage of salary to be
withheld under this paragraph from a member who is an employee of a school
district or a public university listed in ORS 352.002 whose salary is based on
an annual agreement, the agreed annual salary of the member shall be divided
into 12 equal installments, and each installment shall be considered as earned
and paid in separate, consecutive months, commencing with the first month that
payment is actually made under the terms of the salary agreement.
(2) The
contributions of each member as provided in subsection (1) of this section
shall be deducted by the employer from each payroll and transmitted by the
employer to the Public Employees Retirement Board, which shall cause them to be
credited to the member account of the member. Salary shall be considered earned
in the month in which it is paid. The date inscribed on the paycheck or warrant
shall be considered as the pay date, regardless of when the salary is actually
delivered to the member.
(3) An active
member who is concurrently employed by more than one participating public
employer, and who is a member of or entitled to membership in the system, shall
make contributions to the fund on the basis of salary paid by each employer.
(4)
Notwithstanding subsections (1) to (3) of this section, a member of the system,
or a participating employer acting on behalf of the member pursuant to ORS
238.205, is not permitted or required to make employee contributions to the
fund for service performed on or after January 1, 2004. This subsection does
not affect any contribution for the purpose of unit purchases under ORS 238.440
or amounts paid for acquisition of creditable service under ORS 238.105 to
238.175. [Formerly 237.071 (1) to (3); 2001 c.945 §43; 2003 c.67 §1; 2003 c.625
§9; 2013 c.768 §110]
Notes of Decisions
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
· cites it 26× “" The 2003 PERS legislation, however, amended ORS 238.200 to discontinue contributions to the PERS fund: "a member of [PERS], or a participating employer acting on behalf of the member pursuant to ORS 238.”
James v. State of Oregon, 471 P.3d 93 (Or. 2020).
· cites it 8× “200 (1)(a) (2001) and its statutory context do not establish clearly and unambiguously that the legislature intended to promise members that they could contribute six per- cent of their salaries to their regular accounts throughout their PERS membership so as to maximize their…”
Moro v. State of Oregon, 351 P.3d 1 (Or. 2015).
· cites it 2× “ORS 238.200(1)(a); ORS 238A.330(1).4 As a result, the board may adjust only the employer contribution rates.”
Robertson v. Kulongoski, 359 F. Supp. 2d 1094 (D. Or. 2004).
· cites it 6× “The court finds nothing in ORS §§ 238.200, 238.205 and 238.250 giving plaintiffs a right to a fixed level of future PERS benefits.”
Cnty. of Linn v. State of Oregon, 510 P.3d 962 (Or. Ct. App. 2022).
· cites it 11× “The 2003 legislation amended ORS 238.200 to discontinue such contributions, which had been required under ORS 238.”
Lenon v. Pub. Employees Ret. Bd., 206 P.3d 1165 (Or. Ct. App. 2009).
· cites it 2× “005(12)(b) defines an "active member" as one who has a "participating"that is, contributing employer; and, second, because, under ORS 238.200, an active member is an employee who is making contributions.”
White v. Pub. Employees Ret. Bd., 268 P.3d 600 (Or. 2011).
“670, and paying member benefits, ORS 238.200, ORS 238.320, ORS 238.250. And, as this court held in Strunk , it must credit the assumed earnings rate on Tier One regular accounts and pay cost of living adjustments (COLAs) for retired members.”
Eugene Water & Elec. Bd. v. Pub. Emps. Ret. Bd. & John T. Wigle, 442 P.3d 596 (Or. 2019).
“071(2) (1981), renumbered as ORS 238.200 (1995). Former ORS 237.071(2) (1981), regarding contributions of employees, required a public employer to deduct the employee's PERS contribution from each payroll: "(1)(a) Each employe who is a member of the system shall contribute to…”
Watkins v. Josephine Cnty., 259 P.3d 79 (Or. Ct. App. 2011).
“Regardless, the most recent Supreme Court case on this issue restates the nonambiguity rule in, well, unambiguous terms: In holding that a statute did not contain a promise that Public Employee Retirement System (PERS) members could contribute six percent of their salaries to…”
Oregon State Police Officers' Ass'n v. State, 918 P.2d 765 (Or. 1996).
· cites it 4× “With respect to plaintiffs' challenge to Section 10, the pick-up was carried over into subsequent collective bargaining agreements until the passage of Ballot Measure 8 in 1994.”
Eugene Water & Elec. Bd. v. Pub. Emps. Ret. Bd., 410 P.3d 1026 (Or. Ct. App. 2017).
“071 (1981), renumbered as ORS 238.200 (1995), it "necessarily follows that work through a *1029 temp service, where the worker's salary is paid by the temp service rather than through the public employer's payroll, could not be a type of work that qualified as 'service' for…”
Moro v. State of Oregon (Or. 2015).
“ORS 238.200(1)(a); ORS 238A.330(1).4 As a result, the board may adjust only the employer contribution rates.”
— Or. Rev. Stat. § 238.200(1)(a) — 5 cases
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“" The 2003 PERS legislation, however, amended ORS 238.200 to discontinue contributions to the PERS fund: "a member of [PERS], or a participating employer acting on behalf of the member pursuant to ORS 238.”
Cnty. of Linn v. State of Oregon, 510 P.3d 962 (Or. Ct. App. 2022).
“The 2003 legislation amended ORS 238.200 to discontinue such contributions, which had been required under ORS 238.”
Moro v. State of Oregon, 351 P.3d 1 (Or. 2015).
“ORS 238.200(1)(a); ORS 238A.330(1).4 As a result, the board may adjust only the employer contribution rates.”
James v. State of Oregon, 471 P.3d 93 (Or. 2020).
“200 (1)(a) (2001) and its statutory context do not establish clearly and unambiguously that the legislature intended to promise members that they could contribute six per- cent of their salaries to their regular accounts throughout their PERS membership so as to maximize their…”
Moro v. State of Oregon (Or. 2015).
“ORS 238.200(1)(a); ORS 238A.330(1).4 As a result, the board may adjust only the employer contribution rates.”
— Or. Rev. Stat. § 238.200(1)(b) — 1 case
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“" The 2003 PERS legislation, however, amended ORS 238.200 to discontinue contributions to the PERS fund: "a member of [PERS], or a participating employer acting on behalf of the member pursuant to ORS 238.”
— Or. Rev. Stat. § 238.200(2) — 2 cases
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“" The 2003 PERS legislation, however, amended ORS 238.200 to discontinue contributions to the PERS fund: "a member of [PERS], or a participating employer acting on behalf of the member pursuant to ORS 238.”
Cnty. of Linn v. State of Oregon, 510 P.3d 962 (Or. Ct. App. 2022).
“The 2003 legislation amended ORS 238.200 to discontinue such contributions, which had been required under ORS 238.”
— Or. Rev. Stat. § 238.200(4) — 2 cases
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“" The 2003 PERS legislation, however, amended ORS 238.200 to discontinue contributions to the PERS fund: "a member of [PERS], or a participating employer acting on behalf of the member pursuant to ORS 238.”
James v. State of Oregon, 471 P.3d 93 (Or. 2020).
“200 (1)(a) (2001) and its statutory context do not establish clearly and unambiguously that the legislature intended to promise members that they could contribute six per- cent of their salaries to their regular accounts throughout their PERS membership so as to maximize their…”
— Or. Rev. Stat. § 238.200(l)(a) — 3 cases
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“" The 2003 PERS legislation, however, amended ORS 238.200 to discontinue contributions to the PERS fund: "a member of [PERS], or a participating employer acting on behalf of the member pursuant to ORS 238.”
Moro v. State of Oregon, 351 P.3d 1 (Or. 2015).
“ORS 238.200(1)(a); ORS 238A.330(1).4 As a result, the board may adjust only the employer contribution rates.”
Watkins v. Josephine Cnty., 259 P.3d 79 (Or. Ct. App. 2011).
“Regardless, the most recent Supreme Court case on this issue restates the nonambiguity rule in, well, unambiguous terms: In holding that a statute did not contain a promise that Public Employee Retirement System (PERS) members could contribute six percent of their salaries to…”
— Or. Rev. Stat. § 238.200(l)(b) — 1 case
Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).
“" The 2003 PERS legislation, however, amended ORS 238.200 to discontinue contributions to the PERS fund: "a member of [PERS], or a participating employer acting on behalf of the member pursuant to ORS 238.”
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