Bill Text: OR SB896 | 2011 | Regular Session | Introduced
Bill Title: Relating to the individual account program; declaring an emergency.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB896 Detail]
Download: Oregon-2011-SB896-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3258-1
Senate Bill 896
Sponsored by Senator TELFER; Senators BOQUIST, FERRIOLI, GEORGE,
KRUSE, OLSEN, THOMSEN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Eliminates employee contributions, employer contributions and
rollover contributions to individual account program of Public
Employees Retirement System, effective January 1, 2012. Prohibits
employee from becoming member of program on or after January 1,
2012.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the individual account program; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 238A. + }
SECTION 2. { + (1) Contributions to the individual account
program under ORS 238A.330, 238A.335 and 238A.340 are not
required or allowed for salary paid on or after January 1, 2012,
and employee contributions under ORS chapters 238 and 238A are
not required and may not be made for salary paid on or after
January 1, 2012.
(2) Rollover contributions to the individual account program
pursuant to ORS 238A.360 are not allowed on or after January 1,
2012.
(3) An eligible employee may not become a member of the
individual account program on or after January 1, 2012. + }
SECTION 3. { + (1) Jurisdiction is conferred on the Supreme
Court to determine in the manner provided by this section whether
section 2 of this 2011 Act breaches any contract between members
of the Public Employees Retirement System and their employers or
violates any constitutional provision, including but not limited
to impairment of contract rights of members of the Public
Employees Retirement System under section 21, Article I of the
Oregon Constitution, or clause 1, section 10, Article I of the
United States Constitution.
(2) A person who is adversely affected by section 2 of this
2011 Act or who will be adversely affected by section 2 of this
2011 Act may institute a proceeding for review by filing with the
Supreme Court a petition that meets the following requirements:
(a) The petition must be filed within 60 days after the
effective date of this 2011 Act.
(b) The petition must include the following:
(A) A statement of the basis of the challenge; and
(B) A statement and supporting affidavit showing how the
petitioner is adversely affected.
(3) The petitioner shall serve a copy of the petition by
registered or certified mail upon the Public Employees Retirement
Board, the Attorney General and the Governor.
(4) Proceedings for review under this section shall be given
priority over all other matters before the Supreme Court.
(5) The Supreme Court shall allow public employers
participating in the Public Employees Retirement System to
intervene in any proceeding under this section.
(6) In the event the Supreme Court determines that there are
factual issues in the petition, the Supreme Court may appoint a
special master to hear evidence and to prepare recommended
findings of fact. + }
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
----------
