Or. Admin. Code § 459-010-0035 - Six-Month Waiting Period in the PERS Chapter 238 Program
(1)
For the purpose of this rule:
(a) "Concurrent"
means occurring in the same calendar month.
(b) "Concurrent waiting time employers" means
two or more participating employers for which the employee is employed in
concurrent positions within the same calendar month during each month of the
six-month waiting period that meets the qualifying position definition of
subparagraph (1)(d)(3).
(c)
"Non-qualifying position" means a position designated by the employer as
normally requiring less than 600 hours of service in a calendar year, that does
not meet the "qualifying position" defined in subsection (1)(d).
(d) "Qualifying position" means:
(A) a position designated by a participating
employer as normally requiring 600 hours in a calendar year, regardless of the
number of hours worked; or
(B) a
position in which the employee performs at least 600 hours in a calendar year
with a single participating employer, regardless of employer designation;
or
(C) concurrent positions,
regardless of employer designation, if the employee performs at least 600 hours
of service from the first month of employment with the concurrent waiting time
employers through the end of the calendar year.
(2) Eligibility. An employee who was employed
in a qualifying position before August 29, 2003, by an employer participating
in the PERS Chapter 238 Program was eligible to become a member of that program
if the employee:
(a) Began the six-month
waiting period before August 29, 2003;
(b) Did not elect to participate in an
optional or alternative retirement plan as provided in ORS Chapters 243, 341,
or 353; and
(c) Was not otherwise
ineligible for membership.
(3) Establishing Membership under ORS
238.015. An employee who meets
the requirements of section (2) of this rule becomes a member of the PERS
Chapter 238 Program on the first day of the calendar month following the
completion of the requirements below:
(a)
they have completed six full calendar months of service in a qualifying
position; and
(b) the employee is
employed on that date by the same employer for which the employee completed six
full calendar months of service required in subsection (a). The six full
calendar months of service may not be interrupted by more than 30 consecutive
working days.
(4) If the
employee is employed in a qualifying position as described in subsection
(1)(d)(1) or (2) then the waiting period begins on the earlier of:
(a) The date the employee is hired, and
includes the month of hire as a full calendar month, if the date of hire is the
first business day of the month;
(b) The first day of the month following the
date of hire; or
(c) The first day
of the month following the end date of an interruption of service of more than
30 consecutive working days.
(5) If the employee is employed in a
qualifying position as described in subsection (1)(d)(3) then the waiting
period begins on:
(a) The date the employee
is hired, and includes the month of hire as a full calendar month, if the date
of hire is the first business day of the month and the first month of
employment with any of the concurrent waiting time employers;
(b) If the date of hire of all the concurrent
waiting time employers does not begin on the first business day of the month,
then the waiting period begins on the first day of the month following the
first month of employment with the concurrent waiting time employers;
or
(c) The first day of the month
following the end date of an interruption of service of more than 30
consecutive working days of all the concurrent waiting time
employers.
(6) In the
event an employee is on an official leave of absence under OAR
459-010-0010, the period of
absence shall not constitute an interruption of the waiting period under
section (1) of this rule. The waiting period shall be extended by the length of
the leave of absence.
(7) Absence
from service by an educational employee during periods that the employing
educational institution is not in session does not constitute an interruption
of the waiting period under section (1) of this rule. The waiting period shall
be extended by the length of the period the educational institution is not in
session.
Notes
Statutory/Other Authority: ORS 238.650
Statutes/Other Implemented: ORS 238.015
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(1) The six-month waiting period required for establishing membership under ORS 238.015 is six full calendar months of service with the same employer. The service must be in a "qualifying position ," as defined in OAR 459-010-0003. The six full calendar months of service may not be interrupted by more than 30 consecutive working days.
(2) The waiting period begins on:
(a) The date the employee is hired, and includes the month of hire as a full calendar month , if the date of hire is the first business day of the month;
(b) The first day of the month following the date of hire; or
(c) The first day of the month following the end date of an interruption of service of more than 30 consecutive working days.
(3) In the event an employee is on an official leave of absence under OAR 459-010-0010, the period of absence shall not constitute an interruption of the waiting period under section (1) of this rule. The waiting period shall be extended by the length of the leave of absence.
(4) Absence from service by an educational employee during periods that the employing educational institution is not in session does not constitute an interruption of the waiting period under section (1) of this rule. The waiting period shall be extended by the length of the period the educational institution is not in session.
Notes
Stat. Auth.: ORS 238.650
Stats. Implemented: ORS 238.015