OAR 459-005-0025: Student Employee

(1) Under ORS 238.015(4) and 238A.005(4)(d), student employees are not eligible for membership in the system by reason of their student employment. A participating employer is responsible for determining whether a person is ineligible for membership in the system because the person is a student employee. (2) As used in this rule: (a) The term “school” includes the following public and private educational institutions: a charter school, an elementary school, a middle school, a junior high school, a high school, a community college, an institution of higher education, an Oregon education service district, and the Oregon State School for the Deaf. (b) The term “enrolled at least half-time” means that the person is enrolled in a school as a student on at least a half-time basis, as determined by the school in which enrolled. (3) A participating employer may designate a person as a student employee if: (a) The person is enrolled at least half-time in a school; and (b) The employment is principally related to the person’s status as a student, or for the purpose of furthering the person’s education as a student, e.g. a work-study program, student internship program, etc. (4) A participating employer may not designate a person as a student employee, and must evaluate whether the person is an employee eligible for membership in the system (as determined under OAR 459-005-0020) if: (a) The person is not enrolled at least half-time in a school; and (b) The person’s employment is not principally related to the person’s status as a student, or for the purpose of furthering the person’s education as a student. (5) If a person qualifies as a student employee under section (3) of this rule, the person may be designated as a student employee during a temporary break that does not exceed an academic quarter or semester, if the student employee has notified the employer of their intent to resume at least half-time enrollment following the break. (6) For a person whose student employee status varies from time to time, the person’s principal status during the school year shall be used in determining whether a person is an ineligible student employee or an eligible employee for that school year.