Bill Text: OR SB789 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to Oregon Educators Benefit Board.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2013-08-21 - Effective date, January 1, 2014. [SB789 Detail]

Download: Oregon-2013-SB789-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SMRA to SB 789

LC 1083/SB 789-MR5

                     SENATE MINORITY REPORT
                          AMENDMENTS TO
                         SENATE BILL 789

                             June 20

President Courtney:
  A minority of your Committee on Rules, to whom was referred
Senate Bill 789, having had the same under consideration,
respectfully reports it back with the recommendation that it do
pass with the following amendments:

  On page 1 of the printed bill, delete lines 4 through 29 and
delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 243.886, as amended by section 9,
chapter 38, Oregon Laws 2012, is amended to read:
  ' 243.886. (1) Except as provided in subsections (2), (3) and
(4) of this section, a district may not provide or contract for a
benefit plan and eligible employees of districts may not
participate in a benefit plan unless the benefit plan:
  ' (a) Is provided and administered by the Oregon Educators
Benefit Board under ORS 243.860 to 243.886; or
  ' (b) On or after October 1, 2015, is offered through the
health insurance exchange under ORS 741.310 (1)(b).
  ' (2)(a) Except for community college districts, a district
that was self-insured before January 1, 2007, or a district that
had an independent health insurance trust established and
functioning before January 1, 2007, may provide or contract for
benefit plans other than benefit plans provided and administered
by the board if the premiums for the benefit plans provided or
contracted for by the district are equal to or less than the
premiums for comparable benefit plans provided and administered
by the board.
  ' (b) A community college district may provide or contract for
benefit plans other than benefit plans provided and administered
by the board.
  ' (c) In accordance with procedures adopted by the board to
extend benefit plan coverage under ORS 243.864 to 243.874 to
eligible employees of a self-insured district, a district with an
independent health insurance trust or a community college
district, these districts may choose to offer benefit plans that
are provided and administered by the board. Once employees of a
district participate in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans other than those provided and administered by
the board.
  ' (3)(a) A district { + , other than a district claiming the
exception in subsection (2)(a) of this section, + } that has not
offered benefit plans provided and administered by the board
before June 23, 2009, may provide or contract for benefit plans
other than benefit plans provided and administered by the board
if the premiums for the benefit plans provided or contracted for
by the district are equal to or less than the premiums for
comparable benefit plans provided and administered by the board.
Once employees of a district or an employee group within a
district participates in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans for those employees or employee groups other
than those provided and administered by the board.
  '  { +  (b) Notwithstanding paragraph (a) of this subsection, a
district may provide or contract for benefit plans other than
benefit plans provided and administered by the board if the
district determines that the premiums for the benefit plans
provided or contracted for by the district are equal to or less
than the premiums for comparable benefit plans provided and
administered by the board. + }
  '  { - (b) - }  { +  (c) + }   { - To maintain the exception
created in this subsection, the board must perform an actuarial
analysis of the district at least once every two years. - }  If
requested by the district or a labor organization representing
eligible employees of the district, the board shall perform
 { - the - }   { + an + } actuarial analysis   { - annually - }
 { + of the district + }.
  '  { - (c) - }  { +  (d) + } As used in this subsection,
'district' does not include a community college district.
  ' (4) Nothing in ORS 243.860 to 243.886 may be construed to
expand or contract collective bargaining rights or collective
bargaining obligations.
  '  { +  SECTION 2. + } ORS 243.886, as amended by sections 9
and 13, chapter 38, Oregon Laws 2012, is amended to read:
  ' 243.886. (1) Except as provided in subsections (2), (3) and
(4) of this section, a district may not provide or contract for a
benefit plan and eligible employees of districts may not
participate in a benefit plan unless the benefit plan:
  ' (a) Is provided and administered by the Oregon Educators
Benefit Board under ORS 243.860 to 243.886; or
  ' (b) Is offered through the health insurance exchange under
ORS 741.310 (1)(c).
  ' (2)(a) Except for community college districts, a district
that was self-insured before January 1, 2007, or a district that
had an independent health insurance trust established and
functioning before January 1, 2007, may provide or contract for
benefit plans other than benefit plans provided and administered
by the board if the premiums for the benefit plans provided or
contracted for by the district are equal to or less than the
premiums for comparable benefit plans provided and administered
by the board.
  ' (b) A community college district may provide or contract for
benefit plans other than benefit plans provided and administered
by the board.
  ' (c) In accordance with procedures adopted by the board to
extend benefit plan coverage under ORS 243.864 to 243.874 to
eligible employees of a self-insured district, a district with an
independent health insurance trust or a community college
district, these districts may choose to offer benefit plans that
are provided and administered by the board. Once employees of a
district participate in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans other than those provided and administered by
the board.
  ' (3)(a) A district { + , other than a district claiming the
exception in subsection (2)(a) of this section, + } that has not
offered benefit plans provided and administered by the board
before June 23, 2009, may provide or contract for benefit plans
other than benefit plans provided and administered by the board
if the premiums for the benefit plans provided or contracted for
by the district are equal to or less than the premiums for
comparable benefit plans provided and administered by the board.
Once employees of a district or an employee group within a
district participates in benefit plans provided and administered
by the board, the district may not thereafter provide or contract
for benefit plans for those employees or employee groups other
than those provided and administered by the board.
  '  { +  (b) Notwithstanding paragraph (a) of this subsection, a
district may provide or contract for benefit plans other than
benefit plans provided and administered by the board if the
district determines that the premiums for the benefit plans
provided or contracted for by the district are equal to or less
than the premiums for comparable benefit plans provided and
administered by the board. + }
  '  { - (b) - }  { +  (c) + }   { - To maintain the exception
created in this subsection, the board must perform an actuarial
analysis of the district at least once every two years. - }  If
requested by the district or a labor organization representing
eligible employees of the district, the board shall perform
 { - the - }  { +  an + } actuarial analysis   { - annually - }
 { + of the district + }.
  '  { - (c) - }  { +  (d) + } As used in this subsection,
'district' does not include a community college district.
  ' (4) Nothing in ORS 243.860 to 243.886 may be construed to
expand or contract collective bargaining rights or collective
bargaining obligations.
  '  { +  SECTION 3. + }  { + The amendments to ORS 243.886 by
sections 1 and 2 of this 2013 Act apply to districts claiming
exceptions under ORS 243.886 (2)(a) or (3)(a) before, on or after
the effective date of this 2013 Act. + } ' .

                         /s/ Bruce Starr
                           Senator

                         /s/ Ted Ferrioli
                           Senator
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