Oregon Revised Statutes

Or. Rev. Stat. § 238.630 (2026)

Board generally; rules

✓ current as of May 2026

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238.630 Board generally; rules. (1) The governing authority of the system shall be a board known as the Public Employees Retirement Board and consisting of five members appointed by the Governor subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. Except as otherwise provided in ORS 238.640, the term of each member shall be three years. The Governor shall designate one member to serve as chairperson, who shall serve as chairperson at the pleasure of the Governor.

(2) The board shall have:

(a) The powers and privileges of a corporation, including the right to sue and be sued in its own name as such board; and

(b) The power and duty, subject to the limitations of this chapter and ORS chapter 238A, of managing the system.

(3) The board:

(a) Shall arrange for actuarial service for the system;

(b) Shall employ a director;

(c) Shall create such other positions as it deems necessary to sound and economical administration of the system, which positions the director shall fill by appointment;

(d) Shall, with the approval of the Director of the Oregon Department of Administrative Services, and as otherwise provided by law, fix the salaries of all persons employed for purposes of administering the system;

(e) Shall publish and distribute to all employer and employee members of the system an annual report including a summary of investments of moneys in the fund, investment earnings, significant legislative or administrative changes in the system and other pertinent information on the operation of the system for the preceding year;

(f) Shall determine the actuarial equivalency of optional forms of retirement allowances and pensions and adopt for that purpose the necessary actuarial equivalency factor tables in the manner provided by ORS 238.607, which shall constitute a part of the system; and

(g) Shall adopt rules and take all actions necessary to maintain qualification of the Public Employees Retirement System and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code. Rules under this paragraph may impose limits on contributions to the system, limits on benefits payable from the system and other limitations or procedures required or imposed under federal law or regulation for the purpose of qualification of the Public Employees Retirement System and Public Employees Retirement Fund under the Internal Revenue Code as a governmental retirement plan and trust.

(4) The board established by this section shall succeed to all the duties and prerogatives of the Public Employees Retirement Board created by chapter 401, Oregon Laws 1945, in relation to the Public Employees Retirement Fund, and in addition shall perform all duties required of it by ORS 237.950 to 237.980, in regard to moneys payable to or from such fund.

(5) The board shall identify by rule those records that must be maintained by participating public employers for the purposes of subsection (3)(g) of this section. A participating public employer shall maintain records for all employees who are members of the system as required by board rules, and shall provide that information to the board upon request. [Formerly 237.251; 1997 c.121 §3; 2001 c.945 §6; 2003 c.68 §8; 2003 c.69 §1; 2003 c.733 §57]

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2004–2024 · 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 12× “The 2003 Legislative Assembly renumbered the provision as ORS 238.630(3X0 and amended it; that amendment is not at issue here.”

Arken v. City of Portland, 263 P.3d 975 (Or. 2011). “Except as otherwise specifically provided by law, the Public Employees Retirement Board established by ORS 238.630 is declared to be the trustee of the fund.”

Robertson v. Kulongoski, 359 F. Supp. 2d 1094 (D. Or. 2004). · cites it 2× “” See ORS § 238.630(3)(g). By requiring the Board to follow the law, and utilize up-to-date actuarial tables, HB 2004 section 2 does not violate the PERS contract and does not therefore violate the Contract Clause.”

Bell v. Pub. Employees Ret. Bd., 247 P.3d 319 (Or. Ct. App. 2010). “] * * * Except as otherwise specifically provided by law, the Public Employees Retirement Board established by ORS 238.630 is declared to be the trustee of the fund.”

Wright v. Pub. Emps. Ret. Bd., 425 P.3d 442 (Or. Ct. App. 2018). “ORS 238.630 ; ORS 238.645. The director has authority "to take all action necessary or desirable to administer the system," including but not limited to acting on applications for "correction of records, retirement for disability or service, and death benefits and allowances.”

Meister v. PERB, 334 Or. App. 725 (Or. Ct. App. 2024). “In response to plaintiff’s specific dispute, PERS stated that, as a Tier One member of PERS, plaintiff’s lump-sum payment is included as salary in the calculation of benefits, but PERS considered that payment to be earned in 2020.”

Eugene Water & Elec. Bd. v. Pub. Emps. Ret. Bd., 430 P.3d 568 (Or. Ct. App. 2018). “ORS 238.630 ; ORS 238.645. OAR 459-001-0025(1)(b) *17 provides that the PERS director is " authorized to take all action necessary or desirable to administer the system including but not limited to * * * [a]ct[ing] on any application for * * * correction of records .”

Meister v. PERB (Or. Ct. App. 2024). “In response to plaintiff’s specific dispute, PERS stated that, as a Tier One member of PERS, plaintiff’s lump-sum payment is included as salary in the calculation of benefits, but PERS considered that payment to be earned in 2020.”

— Or. Rev. Stat. § 238.630(3)(f) — 1 case

Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005). “The 2003 Legislative Assembly renumbered the provision as ORS 238.630(3X0 and amended it; that amendment is not at issue here.”

— Or. Rev. Stat. § 238.630(3)(g) — 2 cases

Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005). “The 2003 Legislative Assembly renumbered the provision as ORS 238.630(3X0 and amended it; that amendment is not at issue here.”

Robertson v. Kulongoski, 359 F. Supp. 2d 1094 (D. Or. 2004). “” See ORS § 238.630(3)(g). By requiring the Board to follow the law, and utilize up-to-date actuarial tables, HB 2004 section 2 does not violate the PERS contract and does not therefore violate the Contract Clause.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.