OAR 459-070-0050: Participation of Public Employers

(1) Any public employer that does not already provide benefits under the Oregon Public Service Retirement Plan (OPSRP) may apply to participate in OPSRP for service by eligible employees performed on or after the date the employer's participation becomes effective. An employer that applies to participate in OPSRP must also apply to participate in the PERS Chapter 238 Program for members of that program that it employs on or after the employer’s participation begins. (2) The application to participate must contain the following: (a) A true copy of the resolution, motion or other official action by which the employer's governing board or equivalent decided to apply to participate; (b) A designated person or position authorized to represent the employer on PERS matters; (c) Whether the employer will participate for one or more designated classes of employees or for all employees. If the employer already provides coverage for some but not all employees, the application must designate which additional class(es) will be added; (d) A statement that the employer will participate in the OPSRP Pension Program and the OPSRP IAP; (e) A statement that the employer will participate in the PERS Chapter 238 Program for members of that program that it currently employs or may hire in the future in the class(es) designated for coverage pursuant to subsection (c) of this section; (f) Whether the employer will participate in the unused sick leave program pursuant to ORS 238.350; and (g) The date on which the employer proposes to commence participation. (3) If the employer elects to participate in the State and Local Government Rate Pool (SLGRP) for the PERS Chapter 238 Program, the employer shall provide PERS with a resolution electing to participate in the SLGRP before the coverage agreement is signed by the parties. (4) Upon receipt of the properly completed application, PERS will prepare a coverage agreement, which will be forwarded to the person designated by the employer under (2)(b) above. In no event will coverage commence before the agreement has been executed on behalf of the employer's governing body (or equivalent), the PERS Executive Director, and the PERS Board. (5) The employer will provide any and all information requested by PERS to ensure that the employer is eligible to participate, including whatever information PERS deems necessary to determine that the employer qualifies as a public employer. Factors to be addressed in that determination include but are not limited to: (a) If the employer is a public corporation, whether a governmental entity retains essential control over the employer's activities, with delegated powers for administration or discharge of public duties; (b) Whether a state or local governmental body controls management of the employer; (c) If the employer is a public corporation, whether it generates profits for private investors or stockholders; (d) Where the employer derives its funding for operations; (e) Whether the employer performs a governmental function; and (f) Any information deemed necessary to determine that the employer's coverage will not adversely affect PERS' status as a qualified governmental retirement plan under the Internal Revenue Code. (6) Unless the coverage agreement specifically provides otherwise, no retirement or service credit will be provided under the PERS Chapter 238 Program for the service performed with that employer prior to the employer becoming a participating employer.