Or. Rev. Stat. § 238.360

Cost-of-living adjustments

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238.360 Cost-of-living adjustments. (1) On July 1 of each year, the Public Employees Retirement Board shall increase the yearly allowance that a member or member’s beneficiary receives or is entitled to receive, as provided in subsection (2) of this section. The increase is first payable with the allowance that the member or the member’s beneficiary receives or is entitled to receive on August 1.

(2)(a) If the member’s or member’s beneficiary’s yearly allowance is $60,000 or less, the allowance shall be increased by 1.25 percent.

(b) If the member’s or member’s beneficiary’s yearly allowance is more than $60,000, the allowance shall be increased by $750 plus 0.15 percent of the amount of the yearly allowance exceeding $60,000.

(3) Any increase in the allowance shall be paid from contributions of the public employer under ORS 238.225.

(4) As used in this section, “yearly allowance” means the monthly allowance that a member or member’s beneficiary is entitled to on July 1 of the year in which the board is calculating the increase under subsection (1) of this section, multiplied by 12. [Formerly 237.060; 2001 c.945 §79; 2013 c.53 §§1,3; 2013 s.s. c.2 §1]

Note: The text of 238.360, as it existed before the amendments to 238.360 by sections 1 and 3, chapter 53, Oregon Laws 2013, and section 1, chapter 2, Oregon Laws 2013 (special session), is set forth for the user’s convenience.

238.360. (1) As soon as practicable after January 1 each year, the Public Employees Retirement Board shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on the Consumer Price Index (Portland area–all items) as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Portland, Oregon, area. Prior to July 1 each year the allowance which the member or the member’s beneficiary is receiving or is entitled to receive on August 1 for the month of July shall be multiplied by the percentage figure determined, and the allowance for the next 12 months beginning July 1 adjusted to the resultant amount.

(2) Such increase or decrease shall not exceed two percent of any monthly retirement allowance in any year and no allowance shall be adjusted to an amount less than the amount to which the recipient would be entitled if no cost-of-living adjustment were authorized.

(3) The amount of any cost-of-living increase or decrease in any year in excess of the maximum annual retirement allowance adjustment of two percent shall be accumulated from year to year and included in the computation of increases or decreases in succeeding years.

(4) Any increase in the allowance shall be paid from contributions of the public employer under ORS 238.225. Any decrease in the allowance shall be returned to the employer in the form of a credit against contributions of the employer under ORS 238.225.

Notes of Decisions

Cited in 4 cases, 2005–2015 · leading case: Strunk v. Public Employees Retirement Board

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Strunk v. Public Employees Retirement Board (2005) or · cites it 50× “Cost-of-Living Adjustments (COLAs) As briefly explained earlier, both before and after the 2003 PERS legislation, ORS 238.360 (2001) required (and still requires) PERB to determine and apply annual COLAs, based on the Consumer Price Index (CPI), to retired PERS members' service…”

Moro v. State of Oregon (2015) or · cites it 52× “12 See ORS 238.360 (2011); 12 In full, the pre-amendment COLA provision that applied to Tier One and Tier Two members provided: “(1) As soon as practicable after January 1 each year, the Public Employees Retirement Board shall determine the percentage increase or decrease in the…”

Arken v. City of Portland (2011) or · cites it 12× “As part of the PERS reform legislation, the legislature enacted provisions addressed directly to the Window Retirees in Oregon Laws 2003, chapter 67, section 10, as amended by Oregon Laws 2003, chapter 625, section 13 (Section 10), 11 which provided, in pertinent part: “(1)…”

Moro v. State of Oregon (2015) or · cites it 26× “12 See ORS 238.360 (2011); 12 In full, the pre-amendment COLA provision that applied to Tier One and Tier Two members provided: “(1) As soon as practicable after January 1 each year, the Public Employees Retirement Board shall determine the percentage increase or decrease in the…”

— Or. Rev. Stat. § 238.360(1) — 4 cases

Strunk v. Public Employees Retirement Board (2005) or “Cost-of-Living Adjustments (COLAs) As briefly explained earlier, both before and after the 2003 PERS legislation, ORS 238.360 (2001) required (and still requires) PERB to determine and apply annual COLAs, based on the Consumer Price Index (CPI), to retired PERS members' service…”

Moro v. State of Oregon (2015) or “12 See ORS 238.360 (2011); 12 In full, the pre-amendment COLA provision that applied to Tier One and Tier Two members provided: “(1) As soon as practicable after January 1 each year, the Public Employees Retirement Board shall determine the percentage increase or decrease in the…”

Arken v. City of Portland (2011) or “As part of the PERS reform legislation, the legislature enacted provisions addressed directly to the Window Retirees in Oregon Laws 2003, chapter 67, section 10, as amended by Oregon Laws 2003, chapter 625, section 13 (Section 10), 11 which provided, in pertinent part: “(1)…”

— Or. Rev. Stat. § 238.360(2) — 2 cases

— Or. Rev. Stat. § 238.360(3)(b) — 1 case

— Or. Rev. Stat. § 238.360(4) — 2 cases

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