References: Oregon Revised Statutes (ORS) 238.082, 238.092(2), and 399.075(8); and Oregon Administrative Rules (OAR)
459-017-0060
This exception
applies to a retired member who is employed: | Who is eligible for this exception? (**) | Effective date of exception | Date exception expires |
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Tier One/Tier Two All benefit types | OPSRP Pension |
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"Normal" Ret. (#) | Early Ret. (*) |
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As an administrator or teacher by a school district or educational service district that has its
administrative office located in a county of 35,000 or less population. 1) As an administrator or teacher by a school district or community college district located in a
county of 35,000 or less population; or 2) As an administrator or teacher by an education
service district and the retired member's primary work duties are performed in a county of
35,000 or less population. | Yes | Yes, but limited; see note (*) | No | 1/1/04 - 7/15/07
7/16/07
7/16/07 | N/A |
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By the sheriff of a county
with less than 75,000 population. | Yes | No | No | 7/30/03 | N/A |
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By the municipal police
department of a city with less than 15,000 population. | Yes | No | No | 7/30/03 | N/A |
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By the state or a county for
work in a correctional institution in a county of less than 75,000 population. | Yes | No | No | 7/30/03 | N/A |
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By the Oregon State Police for
work in a county of less than 75,000 population. | Yes | No | No | 7/30/03 | N/A |
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As a temporary replacement for
an employee called to active duty in the National Guard or an Armed Forces Reserve component. | Yes | No | No | 7/30/03 | N/A |
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By a road assessment district
organized under ORS 371.405.535. | Yes | No | No | 7/30/03 | N/A |
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By Black Butte Ranch R.F.P.D.,
the Black Butte Ranch Service District, or the Sunriver Service District. | Yes | No | No | 11/4/05 | N/A |
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As a deputy director or
assistant director of the Department of Human Services (exception must be approved by the Governor).
| Yes | No | No | 6/7/07 | N/A |
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As a deputy director or
assistant director of the Oregon Health Authority (exception must be approved by the Governor). | Yes | No | No | 8/5/11 | N/A |
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As a teacher of career and
technical education (licensed by the Teacher Standards and Practices Commission to instruct any career
and technical education course or program in any career and technical education field). | Yes | Yes, see note (*) | No | 6/15 | N/A
|
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As a nurse or for the purpose
of teaching nursing, provided the retiree is a nurse. This exception is only available during a nursing
workforce shortage declared by the Oregon Legislature or the Governor (a nursing workforce shortage was
declared when this exception was passed into law). | Yes | No | No | Originally 7/1/07 | N/A
|
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As a nursing instructor (the
retiree must be a registered nurse). | Yes | No | No | Originally 1/1/08 | N/A
|
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By the Department of Public
Safety Standards and Training to provide training.
| Yes | No | No | Originally 1/1/08 | N/A
|
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By a school district or
education service district as a speech-language pathologist or speech-language pathologist assistant.
| Yes | Yes, see note (*) | No | 7/16/07 | N/A
|
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Is on state active duty with
the National Guard and has reached "normal" retirement age (ORS 399.075(8)) (available to
early retiree only if the retiree has reached normal retirement age). | Yes | Yes | No | 6/11/03 | N/A |
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By the Oregon Legislature or
the Oregon State Police for service during a legislative session. (ORS 238.092(2)). | Yes | Yes | No | 7/16/07 | N/A |
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By Harney County
Health District as a licensed, registered, or certified health care provider. | Yes | No | No | 6/25/19 | N/A |
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As a private
security professional, or special campus security officer at institutions of higher education.
| Yes | No | No | 1/1/20 | N/A |
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Department of the
State Fire Marshal for fire prevention, fire preparedness, fire risk mitigation, firefighting, emergency
response or other response support functions. | Yes | No | No | 1/1/24
| N/A |
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PLEASE NOTE: If a retired member is working for a PERS employer in a position UNDER AN
EXCEPTION, and is concurrently working for another PERS employer in a position NOT UNDER AN EXCEPTION, only the
hours worked in the position NOT UNDER AN EXCEPTION count toward the 1,040 limit. This exclusion is retroactive back
to the later of January 1, 2004, or the date the applicable exception became operative. (Not all current exceptions
existed on January 1, 2004.)
(**) Chapter 238 Tier One/Tier Two recipients of a monthly or Total Lump Sum benefit, and
those Chapter 238 Tier One/Tier Two recipients of an Aggregate Sum Refund (AS Refund) in lieu of a monthly benefit
at retirement, may take advantage of exceptions to the 1040 hr/calendar year work limit. Oregon Public Service
Retirement Plan (OPSRP) Pension Program retirees MAY NOT take advantage of the 1040 hour/calendar year limit, or any
of the exceptions to that limit. There are different work after retirement restrictions for OPSRP Pension Program
retirees.
(#) A "normal" retirement benefit is not actuarially reduced for early retirement.
A Chapter 238 Tier One/Tier Two member would receive a "normal" retirement benefit if they retired with at
least 30 years total service credit, regardless of age. A Chapter 238 general service member would receive a
"normal" benefit if: 1) The member retired at age 58 or older as a Tier One member, or 2) The member
retired at age 60 or older as a Tier Two member. A Chapter 238 Tier One or Tier Two Police and Fire member would
receive a "normal" benefit if: 1) The member retired at age 55, or 2) The member retired between ages 50
and 54 with at least 25 years' service credit.
(*) An "early" retirement benefit is actuarially reduced because the member starts
receiving benefits before normal retirement age. Unless the member has 30 years of service credit, Chapter 238 Tier
One general service members retiring between ages 55 and 57 and Chapter 238 Tier Two general service members
retiring between ages 55 and 59 are considered "early" retirees. Chapter 238 Tier One/Tier Two Police and
Fire members retiring between ages 50 and 54 without 25 years' service credit are considered "early"
retirees. Only a limited number of 1,040 exceptions are available to "early" retirees, and an
"early" retiree must wait six full months after retirement before he/she can be employed in a position
under any 1,040 exception that is available to early retirees.
The exemption for a career and technical education (CTE) teacher only applies to early
retirees who are hired into a CTE position six or more months after their effective retirement date.
Specific questions regarding reemployment of retired members should be directed:
By employers, to the PERS
Employer Service Center;
By members, to the PERS Customer Service Center.