(1) An active member of the pension program described in subsection (2) of this section who becomes disabled shall receive a disability benefit in the amount of 45 percent of the salary of the member determined as of the last full month of employment before the disability commences.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) The provisions of this section apply only to:

(a) A member, other than a school employee as defined by ORS § 238A.140, who has accrued 10 years or more of retirement credit before the member becomes disabled;

(b) A member who is a school employee as defined by ORS § 238A.140 and who was an active member in 10 or more calendar years before the member becomes disabled; or

(c) A member who becomes disabled by reason of injury or disease sustained while in the actual performance of duty.

(3) A disability benefit under this section shall be paid until:

(a) The member is no longer disabled;

(b) The member attains normal retirement age under ORS § 238A.160; or

(c) The member retires on or after the earliest normal retirement date for the member under ORS § 238A.165.

(4) A member is considered to be disabled for the purpose of this section if the member is found, after being examined by one or more physicians selected by the board, to be mentally or physically incapacitated for an extended duration and unable to perform any work for which qualified, by reason of injury or disease that was not intentionally self-inflicted. [2003 c.733 § 25a; 2005 c.808 § 36; 2009 c.103 § 3; 2023 c.404 § 20]