Oregon Revised Statutes

Or. Rev. Stat. § 238.430 (2026)

Limitation on benefits payable to persons establishing membership on or after January 1, 1996

✓ current as of May 2026

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238.430 Limitation on benefits payable to persons establishing membership on or after January 1, 1996. (1) Notwithstanding any other provisions of this chapter, a person who establishes membership in the Public Employees Retirement System on or after January 1, 1996, is entitled to receive only the benefits provided under ORS 238.435 for periods of service with participating public employers after January 1, 1996, and has no right or claim to any other benefit provided under this chapter. A person who establishes membership in the Public Employees Retirement System before January 1, 1996, is entitled to receive those benefits otherwise provided by this chapter, and is not subject to the provisions of ORS 238.435.

(2) A person establishes membership in the system before January 1, 1996, for the purposes of this section if:

(a) The person is a member of the system, or a judge member of the system, on January 1, 1996;

(b) The person was a member of the system before January 1, 1996, ceased to be a member of the system under the provisions of ORS 238.095, 238.265 or 238.545 before January 1, 1996, but restored part or all of the forfeited creditable service from before January 1, 1996, under the provisions of ORS 238.105 or 238.115 after January 1, 1996;

(c) The person performed any period of service for a participating public employer before January 1, 1996, that is credited to the six-month period of employment required of an employee under ORS 238.015 before an employee may become a member of the system; or

(d) The person becomes a member of the system under the terms of an integration contract pursuant to the terms of ORS 238.680, and under the terms of the contract the person receives retirement credit in the system for periods of employment performed for the public employer before January 1, 1996.

(3) The provisions of ORS 238.435 do not apply to judge members of the system. [1995 c.654 §2; 1997 c.175 §12; 2005 c.22 §176]

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2005–2024 · leading case: Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).

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Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005). · cites it 20× “[PERB] shall attempt to ensure that the reserve account is funded with amounts adequate to leave a zero balance in the account when all members who establish membership in the system before January 1, 1996, as described in ORS 238.430, have retired." ORS 238.255 (2001).”

Arken v. City of Portland, 263 P.3d 975 (Or. 2011). ““(5) The provisions of this section apply to members who: “(a) Established membership in the Public Employees Retirement System before January 1,1996, as described in ORS 238.430; “(b) Receive a service retirement allowance calculated under ORS 238.”

Meister v. PERB, 334 Or. App. 725 (Or. Ct. App. 2024). “435(1) (For persons who established PERS membership after January 1, 1996, as provided in ORS 238.430, “[PERB] shall not include any lump sum payment for accrued vacation pay made to the member during the last 36 calendar months of membership 5 Neither plaintiff nor PERB has…”

Meister v. PERB (Or. Ct. App. 2024). “435(1) (For persons who established PERS membership after January 1, 1996, as provided in ORS 238.430, “[PERB] shall not include any lump sum payment for accrued vacation pay made to the member during the last 36 calendar months of membership 5 Neither plaintiff nor PERB has…”

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