Or. Admin. Code § 459-070-0001 - Definitions
The words and phrases used in divisions 070, 075, 076, and 080 of OAR Chapter 459 have the same meaning given them in ORS 238A.005 to 238A.475, unless otherwise indicated. Specific and additional terms for purposes of divisions 070, 075, 076 and 080 are defined as follows unless context requires otherwise:
(1) "Academic employee of a community
college" means an instructor who teaches classes offered for college-approved
credit or on a non-credit basis.
(a)
Librarians, counselors, and aides in non-teaching positions, tutors, or other
non-teaching faculty, and classified, professional or nonprofessional support
staff are not academic employees for the purposes of ORS
238A.142, but are subject to the
membership requirements under ORS
238A.100 and OAR
459-075-0010.
(b) The governing body of a community college
must determine who is an academic employee in its employ under this rule. In
making that determination, a community college must consider all disciplines
(academic activity) collectively when an employee's assignment includes
multiple disciplines.
(2) "Business day" means a day Monday through
Friday when PERS is open for business.
(3) "Calendar month" means a full month
beginning on the first calendar day of a month and ending on the last calendar
day of the same month.
(4)
"Calendar year" means 12 consecutive calendar months beginning on January 1 and
ending on December 31.
(5)
"Employee" has the same meaning as "eligible employee" in ORS
238A.005 and shall be determined
in accordance with OAR
459-005-0020.
(a) For the purposes of ORS
238A.005 to
238A.475, the term "employee"
includes public officers whether elected or appointed for a fixed
term.
(b) The term "employee" does
not include:
(A) An individual who performs
services for a public employer as a contractor in an independently established
business or as an employee of that contractor in accordance with OAR
459-005-0020; or
(B) An individual providing volunteer service
to a public employer without compensation for hours of service as a
volunteer.
(6) "Employee class" means a group of
similarly situated employees whose positions have been designated by their
employer in a policy or collective bargaining agreement as having common
characteristics.
(7) "Employee
contributions" means contributions made to the individual account program by an
eligible employee under ORS
238A.330, or on behalf of the
employee under ORS 238A.335.
(8) "Employee Pension Stability Account" has
the same meaning given in ORS
238A.353.
(9) "Final Average Salary" (FAS) has the same
meaning given the term in:
(a) ORS
238A.130(1) for
OPSRP Pension Program members who are not employed by a local government as
defined in ORS 174.116; or
(b) ORS
238A.130(3) for
OPSRP Pension Program members who are employed by a local government as defined
in ORS 174.116.
(10) "Member" has the same meaning given the
term in ORS 238A.005.
(11) "Member account" means the account of a
member of the individual account program established under ORS
238A.350.
(12) "Member of PERS" has the same meaning as
"member" in ORS 238.005, but does not include
retired members.
(13) "OPSRP" means
the Oregon Public Service Retirement Plan.
(14) "Overtime" means the salary or hours, as
applicable, that an employer has designated as overtime.
(15) "Partial year of hire" means a period in
the calendar year the employee begins employment after the first working day of
the year, and continues employment through December 31.
(16) "Partial year of separation" means a
period in the calendar year the employee separates from employment that begins
on January 1 of the year, and ends before the last working day of the
year.
(17) "Qualifying position"
has the same meaning as provided in ORS
238A.005 and means a position
designated by the employer as qualifying, including a position in a partial
year of hire, partial year of separation, or short segment, except:
(a) A position or concurrent positions in
which an employee performs at least 600 hours of service in a calendar year is
qualifying regardless of employer designation.
(b) A position in a partial year of
separation is qualifying regardless of employer designation if the position is
continued from an immediately preceding calendar year in which the employee
performed at least 600 hours of service in the position or concurrent
positions.
(c) A position with one
employer in which the employee is employed for the entire calendar year and
fails to perform at least 600 hours of service in that position or concurrent
positions in the calendar year is non-qualifying regardless of employer
designation.
(18)
"Salary" has the same meaning given the term in ORS
238A.005 and includes a
differential wage payment, as defined in OAR
459-005-0001(9).
(19) "School employee" has the meaning given
the term in ORS 238A.140(7).
(20) "Service" means a period in which an
employee:
(a) Is in an employer/employee
relationship, as determined in accordance with OAR
459-005-0020; and
(b) Receives a payment of "salary," as
defined in ORS 238A.005.
(21) "Short segment" means a period in the
calendar year during which the employee is hired after the first working day of
the year, and separated from employment before the last working day of the same
calendar year.
(22) "Voluntary
contributions" means additional contributions made to the member account by an
eligible employee under ORS
238A.330(3).
Voluntary contributions must be equal to the amount credited to the Employee
Pension Stability Account and may not be paid by the employer under ORS
238A.335.
(23) "Volunteer" means an individual who
performs a service for a public employer, and who receives no compensation for
the service performed. The term "volunteer" does not include an individual
whose compensation received from the same public employer for similar service
within the same calendar year exceeds the reasonable market value for such
service.
(24) "Working day" means a
day that the employer is open for business. Unless the employer communicates
this information to PERS, PERS will presume an employer's "working day" is the
same as a "business day," as defined in section (2) of this rule.
Notes
Statutory/Other Authority: ORS 238A.450
Statutes/Other Implemented: ORS 238A
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