OAR 459-075-0100: Credit for Military Service under USERRA

(1) Purpose. The purpose of this rule is to implement section 13, chapter 733, Oregon Laws 2003 (Enrolled HB 2020). (2) Limitation of scope of rule. Contributions, benefits and service credit provided under this rule shall not exceed contributions, benefits and retirement credit required under federal law for periods of military service. (3) Definitions. For purposes of this rule: (a) "Employee" means an employee, as defined in OAR 459-070-0001, who: (A) Has established membership in the pension program in accordance with section 5(1), chapter 733, Oregon Laws 2003 (Enrolled HB 2020); or (B) Is entitled to credit toward the probationary period required by section 5(1), chapter 733, Oregon Laws 2003 (Enrolled HB 2020). (b) "Employer" means the legal entity that employed an individual at the time that individual left for military service. For purposes of this rule, the state of Oregon is a single legal entity. Each separate school district is a separate legal entity. (c) "Military service" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes: (A) Active duty; (B) Active duty for training; (C) Initial active duty for training; (D) Inactive duty training; (E) Full-time National Guard duty; (F) A period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any of the above types of duty; or (G) A period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by 10 U.S.C. §12503 or 32 U.S.C. §115. (d) "Uniformed services" means the following: (A) Armed Forces; (B) Army National Guard; (C) Air National Guard; (D) Commissioned corps of the Public Health Service; and (E) Any other category of persons designated by the President in time of war or national emergency. (e) "USERRA" means the 1994 federal Uniformed Services Employment and Reemployment Rights Act as in effect on the effective date of this rule. (4) Eligibility for retirement credit under USERRA. An employee shall be entitled to the benefits of this rule if: (a) The employee leaves employment with a participating public employer to perform military service; (b) The cumulative length of the employee’s absence from employment with the employer for military service does not exceed the limits set forth in USERRA §4312; (c) The employee initiates reemployment with the same participating public employer within the time limits specified in USERRA §4312; and (d) All other eligibility requirements for benefits under USERRA are met. (5) Retirement credit for military service under USERRA. An employee who meets the eligibility requirements of section (4) of this rule shall receive the amount of credit toward the period of employment required under section 29, chapter 733, Oregon Laws 2003 (Enrolled House Bill 2020), and the vesting requirements described under section 31, chapter 733, Oregon Laws 2003 (Enrolled House Bill 2020), as well as the retirement credit the employee would have accrued if he or she had remained in employment with the employer during the period of military service. (6) Termination. An employee’s eligibility for the benefits of this rule terminates upon the occurrence of one of the disqualifying events listed in USERRA §4304. (7) Employer contributions. Any employer contributions associated with credit for military service under this rule shall be made as directed by PERS in accordance with section 24, chapter 733, Oregon Laws 2003 (Enrolled HB 2020). [Publications: Publications referenced are available from the agency.]