Or. Admin. Code § 459-005-0015 - Leave of Absence without pay.
(1) For purposes of
this rule:
(a) "major fraction of a month"
means a minimum of 11 business days in a calendar month;
(b) "the period of time when school is not
normally in session" means the period of time outside the dates that school is
presumed to be in session as described in OAR
459-010-0014 and OAR
459-075-0150.
(2) Employer/Employee Agreement.
An official leave of absence without pay for any purpose must have the
following in order to be considered bona fide:
(a) An agreement in writing;
(b) Accordance with the applicable law, rules
and regulations;
(c) The duration
specifically stated at the time of granting; and
(d) Certification to PERS by the employer
granting such leave.
(3)
Creditable Service and Retirement Credit.
(a)
A leave of absence without pay occurring on or after July 1, 1987, which
constitutes the major fraction of a month:
(A)
May not be used to calculate "years of membership" under ORS
238.300; and
(B) May not be used to determine "creditable
service" or "retirement credit" under ORS
238.005.
(b) A leave of absence without pay occurring
before July 1, 1987, which constitutes the major fraction of a month:
(A) Must be used to calculate "years of
membership" under ORS
238.300; and
(B) Must be used to determine "creditable
service" and "retirement credit" under ORS
238.005.
(c) A leave of absence without pay occurring
on or after January 1, 2004, which constitutes the major fraction of a month
may not be used to determine "retirement credit" under ORS
238A.140 for any period of
employment after the date membership is established under ORS
238A.100.
(4) Reporting Requirement. Unless otherwise
agreed upon by PERS, the employer shall report the following in a format
acceptable to PERS:
(a) Any period of leave
of absence without pay, which constitutes the major fraction of a month, for
each member at the time the leave begins. The reported period of leave of
absence without pay must include an end date.
(b) Any amendment or extension to a
previously reported period of leave of absence without pay.
(5) A PERS member on an official
leave of absence without pay is not considered terminated from service with a
participating employer.
(6) An
employee on an official leave of absence without pay on the date the employer
begins to participate in PERS, shall be considered to be an employee on such
date for the purpose of determining eligibility for participation in
PERS.
(7) A layoff from employment
does not constitute a leave of absence without pay.
(8) Reporting Leave of Absence Without Pay
for School Employees.
(a) Except as provided
by subsection (8)(b), a school employee who is on leave of absence without pay
during the period of time when school is not normally in session should not be
reported to PERS under section (4) of this rule.
(b) An employee of an institution of higher
education, Department of Human Services, the Oregon Youth Authority, the
Department of Corrections or the State Board of Education who is on leave of
absence without pay during the period of time when school is not normally in
session may be reported to PERS if:
(A) the
employee is not engaged in teaching or other school activity at an institution
supervised by the authority, board or department, and
(B) the employee was required to provide
service during the period under the terms of their employment
agreement.
Notes
Statutory/Other Authority: 238.650 & 238A.450
Statutes/Other Implemented: 238.300 & 238A.140
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