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Oregon Revised Statutes

Or. Rev. Stat. § 238A.100 (2026)

Establishing membership under pension program

✓ current as of May 2026
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      238A.100 Establishing membership under pension program. (1)(a) Except as provided by subsection (2) of this section, an eligible employee who is employed in a qualifying position on or after August 29, 2003, by a public employer that is participating in the pension program and who will not receive benefits under ORS chapter 238 for service with the participating public employer pursuant to the provisions of ORS 238A.025 becomes a member of the pension program on the first day of the month after the employee completes six full calendar months of employment. The six-month requirement may not be interrupted by more than 30 consecutive working days.

      (b) Employer contributions for new members of the pension program shall first be made under ORS 238A.220 for those wages that are attributable to services performed by the employee during the first full pay period following the six-month period, without regard to when those wages are considered earned for other purposes under this chapter.

      (2) A person who is elected or appointed to an office with a fixed term other than as a member of the Legislative Assembly, or who is appointed by the Governor to an office as head of a department, may elect not to become a member of the pension program by giving the Public Employees Retirement Board written notice not later than 30 days after taking office. An election under this subsection also operates as an election not to become a member of the individual account program. An election under this subsection is irrevocable during the term of office for which the election is made. [2003 c.733 §5; 2015 c.326 §1]

Notes of Decisions
Cited in 4 cases, 2015–2020 · leading case: Moro v. State of Oregon, 351 P.3d 1 (Or. 2015).
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Moro v. State of Oregon, 351 P.3d 1 (Or. 2015). · cites it 2× “015(1); ORS 238A.100(1); ORS 238A.300(1). There are more than 330,000 members in the PERS system, includ- ing current employees (active members), unretired former employees (inactive members), and retired former employ- ees (retired members).”
James v. State of Oregon, 471 P.3d 93 (Or. 2020). “015(1); ORS 238A.100(1)(a); ORS 238A.300(1). As of October 2018, there were more than 367,000 members in the PERS system, which includes active, inactive, and retired members.”
Eugene Water & Elec. Bd. v. Pub. Emps. Ret. Bd. & John T. Wigle, 442 P.3d 596 (Or. 2019). “First, large numbers of public employers and employee members participate in PERS: "Employees become PERS members after working six months in a qualified position for the state or other participating public employer.”
Moro v. State of Oregon (Or. 2015). “015(1); ORS 238A.100(1); ORS 238A.300(1). There are more than 330,000 members in the PERS system, includ- ing current employees (active members), unretired former employees (inactive members), and retired former employ- ees (retired members).”
— Or. Rev. Stat. § 238A.100(1) — 3 cases
Moro v. State of Oregon, 351 P.3d 1 (Or. 2015). “015(1); ORS 238A.100(1); ORS 238A.300(1). There are more than 330,000 members in the PERS system, includ- ing current employees (active members), unretired former employees (inactive members), and retired former employ- ees (retired members).”
Eugene Water & Elec. Bd. v. Pub. Emps. Ret. Bd. & John T. Wigle, 442 P.3d 596 (Or. 2019). “First, large numbers of public employers and employee members participate in PERS: "Employees become PERS members after working six months in a qualified position for the state or other participating public employer.”
Moro v. State of Oregon (Or. 2015). “015(1); ORS 238A.100(1); ORS 238A.300(1). There are more than 330,000 members in the PERS system, includ- ing current employees (active members), unretired former employees (inactive members), and retired former employ- ees (retired members).”
— Or. Rev. Stat. § 238A.100(1)(a) — 1 case
James v. State of Oregon, 471 P.3d 93 (Or. 2020). “015(1); ORS 238A.100(1)(a); ORS 238A.300(1). As of October 2018, there were more than 367,000 members in the PERS system, which includes active, inactive, and retired members.”
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