Oregon Revised Statutes

Or. Rev. Stat. § 238A.330 (2026)

Employee contributions

✓ current as of May 2026

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238A.330 Employee contributions. (1) A member of the individual account program must make employee contributions to the individual account program of six percent of the member’s salary.

(2) Employee contributions made by a member of the individual account program under this section shall be credited by the Public Employees Retirement Board as follows:

(a) Except as provided in paragraph (c) of this subsection, for a member who established membership in the Public Employees Retirement System before August 29, 2003, as described in ORS 238A.025:

(A) If the member’s salary does not exceed $3,333 in a calendar month, the board shall credit all employee contributions made by the member under this section to the employee account established for the member under ORS 238A.350 (2).

(B) If the member’s salary exceeds $3,333 in a calendar month, the board shall credit:

(i) 3.5 percent of the member’s salary to the employee account established for the member under ORS 238A.350 (2); and

(ii) 2.5 percent of the member’s salary to the employee pension stability account established for the member under ORS 238A.353.

(b) Except as provided in paragraph (c) of this subsection, for a member who established membership in the system on or after August 29, 2003, as described in ORS 238A.025:

(B) If the member’s salary exceeds $3,333 in a calendar month, the board shall credit:

(i) 5.25 percent of the member’s salary to the employee account established for the member under ORS 238A.350 (2); and

(ii) 0.75 percent of the member’s salary to the employee pension stability account established for the member under ORS 238A.353.

(c) During a biennium following a rate setting valuation prepared by the actuary under ORS 238.605 that shows that the funded status of the system, including any lump sum payments made under ORS 238.229, is 90 percent or greater, the board shall credit all employee contributions made by a member of the individual account program to the employee account established for the member under ORS 238A.350 (2).

(3) If any contributions made by a member of the individual account program are credited to the employee pension stability account under subsection (2) of this section, the member may make additional employee contributions to the individual account program in the amount credited to the employee pension stability account. The board shall credit employee contributions made under this subsection to the employee account established for the member under ORS 238A.350 (2). Contributions under this subsection may not be paid by the employer under ORS 238A.335.

(4) A new member of the individual account program shall first make contributions under this section for those wages that are attributable to services performed by the employee during the first full pay period following the six-month probationary period required under ORS 238A.300, without regard to when those wages are considered earned for other purposes under this chapter.

(5) On January 1 of each year, the board shall adjust the dollar amounts provided in subsection (2) of this section to reflect any percentage increase in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

(6) The board may charge a participating public employer accrued earnings for late payment of employee contributions made by a member under this section and remitted to the board by the employer. [2003 c.733 §32; 2015 c.326 §2; 2019 c.355 §1; 2021 c.137 §1; 2021 c.298 §1]

Notes of Decisions

Cited in 4 cases, 2005–2020 · leading case: Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005).

Sort: Relevance Newest Treatment

Strunk v. Pub. Employees Ret. Bd., 108 P.3d 1058 (Or. 2005). · cites it 2× “733, §§ 32, 34, 35, codified as ORS 238A.330; ORS 238A.335. As before, employers still may agree to pick up the six percent contributions.”

Moro v. State of Oregon, 351 P.3d 1 (Or. 2015). · cites it 2× “The board, therefore, first determines the value of projected ben- efits for each member and then attempts to set current con- tribution rates so that, when invested, those contributions Cite as 357 Or 167 (2015) 177 will grow and fully fund the benefits that the member will…”

James v. State of Oregon, 471 P.3d 93 (Or. 2020). · cites it 3× “Former ORS 238A.330(1) - (2) (2017). The redirection provision in SB 1049 requires that, under cer- tain circumstances, future member contributions be divided between the member’s IAP account and an EPSA.”

Moro v. State of Oregon (Or. 2015). “The board, therefore, first determines the value of projected ben- efits for each member and then attempts to set current con- tribution rates so that, when invested, those contributions Cite as 357 Or 167 (2015) 177 will grow and fully fund the benefits that the member will…”

— Or. Rev. Stat. § 238A.330(1) — 3 cases

Moro v. State of Oregon, 351 P.3d 1 (Or. 2015). “The board, therefore, first determines the value of projected ben- efits for each member and then attempts to set current con- tribution rates so that, when invested, those contributions Cite as 357 Or 167 (2015) 177 will grow and fully fund the benefits that the member will…”

James v. State of Oregon, 471 P.3d 93 (Or. 2020). “Former ORS 238A.330(1) - (2) (2017). The redirection provision in SB 1049 requires that, under cer- tain circumstances, future member contributions be divided between the member’s IAP account and an EPSA.”

— Or. Rev. Stat. § 238A.330(2) — 1 case

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