Or. Admin. R. 459-010-0014 - Creditable Service in PERS Chapter 238 Program
(1) For purposes of this rule:
(a) "Active member" has the same meaning as
provided in ORS 238.005.
(b) "Creditable service" has the same meaning
as provided in ORS 238.005.
(c) "Major fraction of a month" means a
minimum of 50 hours in any calendar month in which an active member is being
paid a salary by a participating public employer and for which benefits under
ORS Chapter 238 are funded by employer contributions.
(2) Except as provided in OAR
459-010-0010(3), an active member accrues one month of creditable service for
each month in which the member performs service for the major fraction of the
month.
(3) An active member is
presumed to have performed service for a major fraction of a month if:
(a) The member performs at least 600 hours of
service in the calendar year and the member's employer(s) reports salary and
hours for a pay period occurring within the calendar month;
(b) The member starts employment on or before
the 15th day of the calendar month and the employment continues through the end
of the month;
(c) The member starts
employment on or before the first day of the calendar month and ends employment
on or after the 16th day of the month; or
(d) The member starts employment on or before
the first day of the calendar month and ends employment before the 16th day of
the month, but is reemployed in a qualifying position before the end of the
month.
(4) A member or
employer may seek to rebut the determination of creditable service based on the
presumptions in section (3) by providing to PERS records that establish that
the member did or did not perform service for a major fraction of a month as
defined in subsection (1)(c) of this rule.
(5) Except as provided in OAR
459-010-0010(3), an active member who is a school employee will accrue six
months of creditable service if the member performs service for a major
fraction of each month of a school year that falls between January 1 and June
30, and six months of creditable service if the member performs service for a
major fraction of each month of a school year that falls between July 1 and
December 31.
(6) A member may not
accrue more than one month of creditable service for any calendar month and no
more than one year of creditable service for any calendar year.
(7) The provisions of this rule are effective
for service credit determinations made on or after January 1, 2008.
Notes
Stat. Auth.: ORS 238.650
Stats. Implemented: ORS 238.005 & 238.300
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