(1) Except as provided in subsection (2) of this section, all members of the Public Employees Retirement System who established membership in the Public Employees Retirement System before August 29, 2003, as described in ORS § 238A.025 become members of the individual account program on January 1, 2004.

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(2) A member of the Public Employees Retirement System may not be a member of the individual account program during any period of time during which the member is required to make contributions to the system under ORS § 238.200.

(3) Solely for the purpose of determining the amount of the employee contribution for persons who become members of the individual account program under this section, whether paid by the employee or by the employer, the Public Employees Retirement Board shall use the definition of ‘salary’ provided by ORS § 238.005. [2003 c.733 § 33; 2005 c.332 § 17; 2007 c.769 § 3]