OAR 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)(C). (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)(A) or (B) 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)(C) 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.