Proposed administrative rules
Police Officer and Firefighter Unit Purchases and Retirement Eligibility Rule
Effective January 1, 2024, HB 2283 (2023) updated certain rules relating to police officers and firefighters (P&F).
For
purposes of these proposed rule amendments, it aligned the period for making P&F unit purchases with other purchases
available for eligible Tier 1 and Tier 2 members, extending the window for making the P&F unit purchase from 60 days
to
90 days.
HB 2283 also made changes to the OPSRP pension program relating to retirement eligibility for members working in
positions under the P&F classification. It changed the P&F retirement eligibility standard from five continuous years
of
employment immediately preceding the member’s effective date of retirement to the last 60 months of retirement credit
accrued prior to reaching earliest or normal retirement age. Notably, the statutory changes allow a person who
qualifies
for P&F retirement eligibility to lock in their P&F retirement eligibility even if they later accrue retirement
credit
in non-P&F positions.
The proposed rule amendments clarify that the 60-month retirement credit count does not restart for an OPSRP member
who
is concurrently employed in a P&F position and a non-P&F position, if such member receives disability insurance
payments
while accruing retirement credit in a non-P&F position. The statute specifically addressed this circumstance, and
these
amendments provide clarification regarding the provision. Members must submit proof of such disability insurance
payments to PERS in a format and manner approved by PERS, no later than the member’s effective date of retirement.
This
provision was also effective January 1, 2024.
Notice of Rulemaking:
Notice of Rulemaking for Police Officer and Firefighter Unit Purchases and Retirement Eligibility
Reemployment of Retired Members Rule
PERS staff seeks board approval to amend this administrative rule due to an administrative error. On December 1, 2023,
proposed rule revisions to OAR 459-017-0060 were presented for notice at the PERS Board meeting to implement changes
pursuant to House Bill 2296 (2023). For background, Senate Bill 1049 (2019) introduced new work after retirement
allowances for retirees which were set to expire at the end of calendar year 2024. HB 2296 extended SB 1049’s work after
retirement provisions until the end of calendar year 2034.
On February 2, 2024, the PERS Board adopted the rules as presented at the December 1, 2023 PERS Board meeting. Also on
February 2, 2024, staff opened the same administrative rule to update the Social Security Income limits for working
retirees who receive Social Security payments.
On April 1, 2024, the PERS Board adopted the Social Security amendments to the rule as presented at the February 2, 2023
PERS Board meeting. On this date, PERS filed a Permanent Administrative Order with the Secretary of State amending OAR
459-017-0060 as approved by the Board, however, the Permanent Order filing did not include the previous HB 2296 changes.
The administrative error resulted in the work after retirement extensions being omitted from the current version of the
rule.
Proposed revision of OAR 459-017-0060 amends the rule to incorporate the changes required by HB 2296, which have already
been reviewed and adopted by the Board on February 2, 2024.
Notice of Rulemaking:
Notice of Rulemaking for Reemployment of Retired Members Rule
Rulemaking Schedule and Pending Rules updated October 1, 2024
PUBLIC COMMENT HEARING
DATE: 10/22/2024
2:00 PM - 3:00 PM
PHYSICAL HEARING LOCATION
PERS Headquarters Boardroom,
11410 SW 68th Parkway,
Tigard, OR 97223
REMOTE MEETING DETAILS
MEETING URL:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTZmMGE2ZWEtOTM0NS00N2JjLWJhYjYtNzRkM2QyMDA0MDA3%40thread.v2/0?context=%7b%22Tid%22%3a%22860f660b-1578-45aa-8e77-aa9b68a0c0dd%22%2c%22Oid%22%3a%223702c1ca-69e1-4278-8f46-c4053bad924d%22%7d
PHONE NUMBER: 971-300-4342
CONFERENCE ID: 960 743 473
SPECIAL INSTRUCTIONS:
Meeting ID: 218 401 635 051
Passcode: 3qM2je