OAR 459-030-0011: “Equal To or Better Than” Exemption

(1) A public employer that provides retirement benefits to its police officers and firefighters pursuant to ORS 237.620(2) is exempt from participation in PERS for such employees. (2) An exemption under this division will continue until the Board, upon review of the public employer’s retirement plan, determines that the plan no longer meets the required standard. (3) Whenever a change in benefits in the public employer’s retirement plan is adopted, the public employer must petition the Board for review of the employer’s plan within 60 days. (4) Whenever a change in benefits in the PERS Plan is adopted, the Board will determine if the change increases benefits such that the public employer’s retirement plan must be reviewed. (5) In any event, at least once every 12 years the Board will determine, pursuant to section (2) of this rule, whether an employer’s exemption should continue. (6) The Board may delegate the determination of whether such an employer’s plan qualifies for an exemption to the PERS Executive Director.