Or. Admin. Code § 459-010-0019

Current through Register Vol. 63, No. 11, November 1, 2024

Section 459-010-0019 - Retirement Eligibility

(1) A member's most recent qualifying position at the time of separation from service with all participating employers establishes the member's classification for purposes of normal and early service retirement eligibility and disability retirement allowance calculations except:

(a) A member employed in a qualifying position as a police officer or firefighter who reaches earliest retirement age under ORS 238.280 retains retirement eligibility as a police officer or firefighter. A member described in this subsection who subsequently is employed in a qualifying position as other than a police officer or firefighter retains retirement eligibility as a police officer or firefighter.

(b) A member who separates from service in a qualifying position as a police officer or firefighter before reaching earliest retirement age under ORS 238.280 retains classification as a police officer or firefighter provided the member does not return to a qualifying position as other than a police officer or firefighter before reaching earliest retirement age under ORS 238.280.

(c) A member employed in a qualifying position as other than a police officer or firefighter who reaches earliest retirement age under ORS 238.280 retains retirement eligibility as other than a police officer or firefighter.

(2) A member who is employed by one employer in qualifying positions as a police officer or firefighter and as other than a police officer or firefighter is a police officer or firefighter for purposes of this rule.

(3) A member who is concurrently employed by two or more employers in qualifying positions as a police officer or firefighter and as other than a police officer or firefighter is a police officer or firefighter for purposes of this rule.

Or. Admin. Code § 459-010-0019

PERS 4-2011, f. & cert. ef. 8-4-11

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 238.280, 238.300, 238.320