Oregon Revised Statutes

Or. Rev. Stat. § 238A.125 (2026)

Amount of pension; rules

✓ current as of May 2026
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      238A.125 Amount of pension; rules. (1) Upon retiring at normal retirement age, a vested pension program member shall be paid an annual pension for the life of the member as follows:

      (a) For service as a police officer or firefighter, 1.8 percent of final average salary multiplied by the number of years of retirement credit attributable to service as a police officer or firefighter.

      (b) For service as other than a police officer or firefighter, 1.5 percent of final average salary multiplied by the number of years of retirement credit attributable to service as other than a police officer or firefighter.

      (2) Notwithstanding any provision of ORS 238A.100 to 238A.250, the annual benefit payable to a member under the pension program and under any other tax-qualified defined benefit plan maintained by the participating public employer may not exceed the applicable limitations set forth in 26 U.S.C. 415(b), as in effect on December 31, 2023. The Public Employees Retirement Board shall adopt rules for the administration of this limitation, including adjustments in the annual dollar limitation to reflect cost-of-living adjustments authorized by the Internal Revenue Service.

      (3) The board shall make no actuarial adjustment in a member’s pension calculated under this section by reason of the member’s retirement after normal retirement age. [2003 c.733 §9; 2009 c.5 §2; 2009 c.909 §2; 2010 c.82 §2; 2011 c.7 §2; 2012 c.31 §2; 2013 c.377 §2; 2014 c.52 §2; 2015 c.442 §2; 2016 c.33 §3; 2017 c.527 §3; 2018 c.101 §3; 2019 c.319 §3; 2021 c.456 §4; 2022 c.83 §4; 2023 c.171 §4; 2024 c.75 §4]

 

      Note: The amendments to 238A.125 by section 3, chapter 101, Oregon Laws 2024, become operative and apply to service in a hazardous position performed on or after January 1, 2030. See section 18, chapter 101, Oregon Laws 2024. The text that is operative on and after January 1, 2030, is set forth for the user’s convenience.

      238A.125. (1) Upon retiring at normal retirement age, a vested pension program member shall be paid an annual pension for the life of the member as follows:

      (a) For service as a police officer or firefighter, 1.8 percent of final average salary multiplied by the number of years of retirement credit attributable to service as a police officer or firefighter.

      (b) For service in a hazardous position, 1.8 percent of final average salary multiplied by the number of years of retirement credit attributable to service in a hazardous position.

      (c) For service as other than a police officer or firefighter or in a hazardous position, 1.5 percent of final average salary multiplied by the number of years of retirement credit attributable to service as other than a police officer or firefighter or in a hazardous position.

      (2) Notwithstanding any provision of ORS 238A.100 to 238A.250, the annual benefit payable to a member under the pension program and under any other tax-qualified defined benefit plan maintained by the participating public employer may not exceed the applicable limitations set forth in 26 U.S.C. 415(b), as in effect on December 31, 2023. The Public Employees Retirement Board shall adopt rules for the administration of this limitation, including adjustments in the annual dollar limitation to reflect cost-of-living adjustments authorized by the Internal Revenue Service.

      (3) The board shall make no actuarial adjustment in a member’s pension calculated under this section by reason of the member’s retirement after normal retirement age.

 

(Salary)

Notes of Decisions
Cited in 2 cases, 2015–2015 · leading case: Moro v. State of Oregon, 351 P.3d 1 (Or. 2015).
Moro v. State of Oregon, 351 P.3d 1 (Or. 2015). · cites it 2× “ORS 238A.125(1). The OPSRP pension includes a COLA, but the OPSRP annuity does not.”
Moro v. State of Oregon (Or. 2015). “ORS 238A.125(1). The OPSRP pension includes a COLA, but the OPSRP annuity does not.”
— Or. Rev. Stat. § 238A.125(1) — 2 cases
Moro v. State of Oregon, 351 P.3d 1 (Or. 2015). “ORS 238A.125(1). The OPSRP pension includes a COLA, but the OPSRP annuity does not.”
Moro v. State of Oregon (Or. 2015). “ORS 238A.125(1). The OPSRP pension includes a COLA, but the OPSRP annuity does not.”
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