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Oregon Revised Statutes

Or. Rev. Stat. § 238.280 (2026)

Eligibility for retirement

✓ current as of May 2026
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      238.280 Eligibility for retirement. (1) Except as otherwise provided in this section, a member of the Public Employees Retirement System who attains the age of 55 shall be retired upon written application by the member to the Public Employees Retirement Board on a reduced service retirement allowance, that is the actuarial equivalent of the service retirement allowance provided for in ORS 238.300 at the normal retirement age.

      (2) A member of the system who has 25 years or more of creditable service in the system as a telecommunicator, as defined in ORS 181A.355, shall be retired upon written application by the member to the board on a reduced service retirement allowance that is the actuarial equivalent of the service retirement allowance provided for in ORS 238.300 at the normal retirement age. A member who retires under this subsection before attaining the age of 55 shall not receive a cost-of-living adjustment under ORS 238.360 until the member attains the age of 55.

      (3) A police officer or firefighter who is a member of the system and attains the age of 50 shall be retired upon written application by the member to the board on a reduced service retirement allowance, which shall be the actuarial equivalent of the service retirement allowance provided for in ORS 238.300 at the normal retirement age. The provisions of this subsection apply to an inactive member of the system who was employed as a police officer or firefighter in a qualifying position immediately before becoming inactive.

      (4) Notwithstanding ORS 238.215 (2)(b)(B):

      (a) A police officer or firefighter who is a member of the system, attains the age of 50 and has a combined total of 25 years or more of creditable service in the system and prior service credit shall be retired upon written application by the member to the board on a service retirement allowance including, without actuarial reduction, the same current service pension and prior service pension provided for in ORS 238.300 at the normal retirement age. The provisions of this paragraph apply to an inactive member of the system who was employed as a police officer or firefighter in a qualifying position immediately before becoming inactive.

      (b) An employee who is a member of the system, has a combined total of 30 years or more of creditable service in the system and prior service credit, and is not eligible to retire under paragraph (a) of this subsection shall be retired upon written application by the member to the board on a service retirement allowance including, without actuarial reduction, the same current service pension and prior service pension provided for in ORS 238.300 at the normal retirement age. [Formerly 237.121; 2001 c.945 §78; 2005 c.808 §§37,38; 2007 c.404 §1]

Notes of Decisions
Cited in 3 cases, 2003–2009 · leading case: Bowen v. Pub. Employees Ret. Bd., 206 P.3d 232 (Or. Ct. App. 2009).
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Bowen v. Pub. Employees Ret. Bd., 206 P.3d 232 (Or. Ct. App. 2009). · cites it 2× “However, under former ORS 238.280(3)(b) (2005), renumbered as ORS 238.”
Wilkinson v. Pub. Employees Ret. Bd., 69 P.3d 1266 (Or. Ct. App. 2003). “ORS 238.280(1), (2)(b). In addition, the death notification that petitioner submitted to PERS contained a box marked “Active” and not “Retired.”
Bova v. City of Medford (9th Cir. 2009). “See Or. Rev. Stat. § 238.280 (describing the retirement eligibility requirements BOVA v.”
— Or. Rev. Stat. § 238.280(1) — 1 case
Wilkinson v. Pub. Employees Ret. Bd., 69 P.3d 1266 (Or. Ct. App. 2003). “ORS 238.280(1), (2)(b). In addition, the death notification that petitioner submitted to PERS contained a box marked “Active” and not “Retired.”
— Or. Rev. Stat. § 238.280(3)(b) — 1 case
Bowen v. Pub. Employees Ret. Bd., 206 P.3d 232 (Or. Ct. App. 2009). “However, under former ORS 238.280(3)(b) (2005), renumbered as ORS 238.”
— Or. Rev. Stat. § 238.280(4)(b) — 1 case
Bowen v. Pub. Employees Ret. Bd., 206 P.3d 232 (Or. Ct. App. 2009). “However, under former ORS 238.280(3)(b) (2005), renumbered as ORS 238.”
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