Or. Admin. R. 459-070-0001 - Definitions
Current through Register Vol. 60, No. 12, December 1, 2021
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 459-010-0030.
(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 459-010-0032; 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 459-010-0030; 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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