(1) Except as provided in subsection (2) of this section, a member of the pension program becomes vested in the pension program on the earliest of the following dates:

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(a) The date on which the member completes at least 600 hours of service in each of five calendar years. The five calendar years need not be consecutive, but are subject to the provisions of subsection (3) of this section.

(b) The date on which an active member reaches the normal retirement age for the member under ORS § 238A.160.

(c) If the pension program is terminated, the date on which termination becomes effective, but only to the extent the pension program is then funded.

(2) If on the date that a person becomes an active member the person has already reached the normal retirement age for the person under ORS § 238A.160, the person is vested in the pension program on that date.

(3) If a member of the pension program who is not vested in the pension program performs fewer than 600 hours of service in each of five consecutive calendar years, hours of service performed before the first calendar year of the period of five consecutive calendar years shall be disregarded for purposes of determining whether the member is vested under subsection (1)(a) of this section.

(4) Solely for purposes of determining whether a member is vested under this section, hours of service include creditable service, as defined in ORS § 238.005, performed by a judge member, as long as the membership of the person under ORS Chapter 238 has not been terminated under the provisions of ORS § 238.545. [2003 c.733 § 7; 2011 c.722 § 10; 2018 c.41 § 1]