Oregon Revised Statutes

Or. Rev. Stat. § 243.061 (2026)

Public Employees’ Benefit Board; members; term; confirmation; expenses

✓ current as of May 2026
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      243.061 Public Employees’ Benefit Board; members; term; confirmation; expenses. (1) There is created in the Oregon Health Authority the Public Employees’ Benefit Board consisting of at least eight voting members and two members of the Legislative Assembly as nonvoting advisory members. Two of the voting members are ex officio members and six are appointed by the Governor. The voting members shall be:

      (a) Four members representing the state as an employer and management employees, who shall be as follows:

      (A) The Director of the Oregon Health Authority or a designee of the director;

      (B) The Director of the Health Policy and Analytics Division of the Oregon Health Authority or the director’s designee; and

      (C) Two management employees appointed by the Governor from areas of state government other than the Oregon Health Authority; and

      (b) Four members appointed by the Governor and representing nonmanagement representable employees, who shall be as follows:

      (A) Two persons from the largest employee representative unit;

      (B) One person from the second largest employee representative unit; and

      (C) One person from representable employees not represented by employee representative units described in subparagraphs (A) and (B) of this paragraph.

      (2) One member of the Senate shall be appointed by the President of the Senate and one member of the House of Representatives shall be appointed by the Speaker of the House to serve as nonvoting advisory members.

      (3)(a) If the governing body of a local government elects to participate in a benefit plan offered by the board, in addition to the members appointed under subsections (1) and (2) of this section, the Governor shall appoint two voting members, one of whom represents local government management and one of whom represents local government nonmanagement employees.

      (b) After the appointment of members under paragraph (a) of this subsection, if the number of eligible employees of a local government or local governments enrolled in a benefit plan or plans offered by the board exceeds 25,000, the Governor shall appoint two additional voting members, one of whom represents local government management and one of whom represents local government nonmanagement employees.

      (c) After the appointment of members under paragraphs (a) and (b) of this subsection, for every additional 25,000 eligible employees of a local government or local governments enrolled in a benefit plan or plans offered by the board, the Governor shall appoint one additional voting member representing local government management and one additional voting member representing local government nonmanagement employees.

      (4) A maximum of three members may be appointed to represent local government management and a maximum of three members may be appointed to represent local government nonmanagement employees.

      (5) The term of office of each appointed voting member is four years, but an appointed voting member serves at the pleasure of the Governor. Before the expiration of the term of a voting member appointed by the Governor, the Governor shall appoint a successor to take office upon the date of that expiration. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

      (6) The appointments by the Governor of voting members of the board are subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

      (7) Members of the board who are not members of the Legislative Assembly shall receive no compensation for their services, but shall be paid for their necessary and actual expenses while on official business in accordance with ORS 292.495. Members of the board who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly.

      (8) As used in this section, “benefit plan” and “local government” have the meanings given those terms in ORS 243.105. [1997 c.222 §1; 2011 c.720 §70; 2013 c.731 §1; 2017 c.384 §3]

 

      Note: 243.061 and 243.066 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 4 cases, 2002–2006 · leading case: Pebb v. Ohsu, 132 P.3d 1061 (Or. Ct. App. 2006).
Pebb v. Ohsu, 132 P.3d 1061 (Or. Ct. App. 2006). · cites it 3× “ORS 243.061(1). PEBB's board members are not described as fiduciaries.”
Serv. Employees Int'l Union Local 503 v. State, Dep't of Admin. Servs., 54 P.3d 1043 (Or. Ct. App. 2002). “See generally ORS 243.061. ORS 243.105(4)(b) provides, in part: “ ‘Eligible employee’ does not include individuals: * * * * “(D) Appointed under ORS 240.”
State ex rel. Pub. Employees' Benefit Bd. v. Oregon Health & Sci. Univ., 132 P.3d 1061 (Or. Ct. App. 2006). · cites it 3× “ORS 243.061(1). PEBB’s board members *80 are not described as fiduciaries.”
Seiu v. Das, 54 P.3d 1043 (Or. Ct. App. 2002). “The legislature has given PEBB exclusive authority to provide health benefit insurance for state employees and, therefore, DAS has no statutory authority to provide or fund health benefit insurance. Thus, DAS cannot comply with SEIU's proposal, and it did not commit an unfair…”
— Or. Rev. Stat. § 243.061(1) — 2 cases
Pebb v. Ohsu, 132 P.3d 1061 (Or. Ct. App. 2006). “ORS 243.061(1). PEBB's board members are not described as fiduciaries.”
State ex rel. Pub. Employees' Benefit Bd. v. Oregon Health & Sci. Univ., 132 P.3d 1061 (Or. Ct. App. 2006). “ORS 243.061(1). PEBB’s board members *80 are not described as fiduciaries.”
— Or. Rev. Stat. § 243.061(1)(a) — 1 case
Pebb v. Ohsu, 132 P.3d 1061 (Or. Ct. App. 2006). “ORS 243.061(1). PEBB's board members are not described as fiduciaries.”
— Or. Rev. Stat. § 243.061(1)(b) — 1 case
Pebb v. Ohsu, 132 P.3d 1061 (Or. Ct. App. 2006). “ORS 243.061(1). PEBB's board members are not described as fiduciaries.”
— Or. Rev. Stat. § 243.061(l)(a) — 1 case
State ex rel. Pub. Employees' Benefit Bd. v. Oregon Health & Sci. Univ., 132 P.3d 1061 (Or. Ct. App. 2006). “ORS 243.061(1). PEBB’s board members *80 are not described as fiduciaries.”
— Or. Rev. Stat. § 243.061(l)(b) — 1 case
State ex rel. Pub. Employees' Benefit Bd. v. Oregon Health & Sci. Univ., 132 P.3d 1061 (Or. Ct. App. 2006). “ORS 243.061(1). PEBB’s board members *80 are not described as fiduciaries.”
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