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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 851
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Governor Tina Kotek for Public Employees Retirement System)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes changes to PERS. (Flesch Readability Score: 100.0).
Modifies provisions relating to the Public Employees Retirement System.
A BILL FOR AN ACT
Relating to administration of Public Employees Retirement System member account data; amending
ORS 238.005, 238.148, 238.450, 238.580, 238.608, 238.715 and 238A.140; and repealing ORS
238A.010.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 238.715 is amended to read:
238.715. (1) If the Public Employees Retirement Board determines that a member of the Public
Employees Retirement System or any other person receiving a monthly payment from the Public
Employees Retirement Fund has received any amount in excess of the amounts that the member or
other person is entitled to under this chapter and ORS chapter 238A, the board may recover the
overpayment or other improperly made payment by:
(a) Reducing the monthly payment to the member or other person for as many months as may
be determined by the board to be necessary to recover the overpayment or other improperly made
payment; or
(b) Reducing the monthly payment to the member or other person by an amount actuarially de-
termined to be adequate to recover the overpayment or other improperly made payment during the
period during which the monthly payment will be made to the member or other person.
(2)(a) Any person who receives a payment from the Public Employees Retirement Fund and who
is not entitled to receive that payment, including a member of the system who receives an over-
payment, holds the improperly made payment in trust subject to the board’s recovery of that pay-
ment under this section or by a civil action or other proceeding.
(b) The board may recover an improperly made payment in the manner provided by subsection
(1) of this section from any person who receives an improperly made payment from the fund and
who subsequently becomes entitled to receive a monthly payment from the fund.
(c) The board may recover an improperly made payment by reducing any lump sum payment in
the amount necessary to recover the improperly made payment if a person who receives an im-
properly made payment from the fund subsequently becomes entitled to receive a lump sum payment
from the fund.
(3) Unless the member or other person receiving a monthly payment from the fund authorizes
a greater reduction, the board may not reduce the monthly payment made to a member or other
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 473 SB851
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person under the provisions of subsection (1) of this section by an amount that is equal to more than
10 percent of the monthly payment.
(4) Before reducing a benefit to recover an overpayment or erroneous payment, or pursuing any
other collection action under this section, the board shall give notice of the overpayment or erro-
neous payment to the person who received the payment. The notice shall describe the manner in
which the person who received the payment may appeal the board’s determination that an over-
payment or erroneous payment was made, the action the board may take if the person does not re-
spond to the notice and the authority of the board to assess interest, penalties or costs of collection.
(5) If the board determines that an overpayment or erroneous payment was not caused by the
system or by a participating public employer, the board may assess interest in an amount equal to
one percent per month on the balance of the improperly made payment until the payment is fully
recovered. The board may also assess to the member or other person all costs incurred by the sys-
tem in recovering the payment, including attorney fees. Interest and costs may be collected in the
manner prescribed in subsections (1) and (2) of this section. The board may waive the interest and
costs on an overpayment or other improperly made payment for good cause shown.
(6) Notwithstanding ORS 293.240, the board may waive the recovery of any payment or payments
made to a person who was not entitled to receive the payment or payments if the total amount of
the overpayment or other improperly made payments is less than [$50] $200.
(7) A payment made to a person from the fund may not be recovered by the board unless within
six years after the date that the payment was made the board has commenced proceedings to re-
cover the payment. For the purposes of subsection (1) of this section, the board shall be considered
to have commenced proceedings to recover the payment upon mailing of notice to the person re-
ceiving a monthly payment that the board has determined that an overpayment or other improperly
made payment has been made.
(8) The remedies authorized under this section are supplemental to any other remedies that may
be available to the board for recovery of amounts incorrectly paid from the fund to members of the
system or other persons.
(9) The board shall adopt rules establishing the procedures to be followed by the board in re-
covering overpayments and erroneous payments under this section.
SECTION 2. ORS 238.450 is amended to read:
238.450. (1) Upon receiving an application for a retirement allowance or benefit from a member
of the Public Employees Retirement System and obtaining information necessary for computation of
the retirement allowance or benefit to which the member is entitled upon retirement, the system
shall provide to the member a written computation of the retirement allowance or benefit to which
the member is entitled upon retirement and summary of the information used in making that com-
putation.
(2) A member of the system may dispute the accuracy of the information used by the system in
making the computation only by filing a written notice of dispute with the system not later than
whichever of the following days occurs last:
(a) The 240th day after the date on which the computation and information summary is provided
to the member pursuant to subsection (1) of this section.
(b) The 240th day after the date on which the retirement allowance or benefit to which the
member is entitled first becomes payable.
(3) The filing of a notice of dispute under subsection (2) of this section extends the time allowed
for election of an optional form of retirement allowance or benefit until the 30th day after the con-
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clusion of the proceeding and any judicial review thereof if the proceeding or review results in a
change in the computation of the retirement allowance or benefit.
(4) Upon receiving a notice of dispute under subsection (2) of this section, the system shall de-
termine the accuracy of the disputed information and make a written decision either affirming the
accuracy of the information and computation based thereon or changing the computation using
corrected information. The system shall provide to the member a copy of the decision and a written
explanation of any applicable statutes and rules. The member is entitled to judicial review of the
decision as provided in ORS 183.484 and rules of the Public Employees Retirement Board consistent
with applicable statutes.
(5) After the last date for filing a written notice of dispute under subsection (2) of this section,
a participating public employer may not modify information that is provided to the system and that
relates to a member’s creditable service, retirement credit, salary, employee contributions or accu-
mulated unused sick leave, unless specifically required by one of the following circumstances:
(a) To comply with a judgment, administrative order, arbitration award, conciliation agreement,
settlement agreement or other legal agreement entered into after the last date for filing a written
notice of dispute under subsection (2) of this section;
(b) To comply with ORS 238.156 or 238A.150; [or]
(c) To comply with a verification of retirement data under ORS 238.285 that was sub-
mitted to the system before the member’s effective date of retirement; or
[(c)] (d) To make a correction or modification as a result of a dispute under subsection (2) of this
section, or in response to the board’s request under ORS 238.285 (5) for the purpose of a de-
termination under ORS 238.285 (2) or (4).
(6) This section does not affect any authority of the system, on its own initiative, to correct an
incorrect computation of any retirement allowance or benefit.
SECTION 3. ORS 238.005, as amended by section 1, chapter 101, Oregon Laws 2024, is amended
toread:
238.005. For purposes of this chapter:
(1) “Active member” means a member who is presently employed by a participating public em-
ployer in a qualifying position and who has completed the six-month period of service required by
ORS 238.015.
(2) “Annuity” means payments for life derived from contributions made by a member as provided
in this chapter.
(3) “Board” means the Public Employees Retirement Board.
(4) “Calendar year” means 12 calendar months commencing on January 1 and ending on De-
cember 31 following.
(5) “Continuous service” means service not interrupted for more than five years, except that
such continuous service shall be computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer as of January 1, 1945, and
who remained in that employment until having established membership in the Public Employees
RetirementSystem.
(b) An employee who was in the armed services on January 1, 1945, and returned to the service
of the employer within one year of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership in the Public Employees Retire-
ment System.
(6) “Creditable service” means any period of time during which an active member is being paid
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a salary by a participating public employer and for which benefits under this chapter are funded by
employer contributions and earnings on the fund. For purposes of computing years of “creditable
service,” full months and major fractions of a month shall be considered to be one-twelfth of a year
and shall be added to all full years.“Creditable service” includes all retirement credit received by
a member.
(7) “Earliest service retirement age” means the age attained by a member when the member
could first make application for retirement under the provisions of ORS 238.280.
(8) “Employee” means a person who performs services for a participating public employer, in-
cluding persons considered employees of a participating public employer under 26 U.S.C.3121(d)(2),
as in effect on December 31, 2019, and public officers. “Employee” does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of employment with any public em-
ployer or public employers do not total 600 hours in any calendar year.
(c) Persons provided sheltered employment or made-work by a public employer in an employment
or industries program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under a federal program intended
primarily to alleviate unemployment. However, any such person shall be considered an “employee”
if not otherwise excluded by paragraphs (a) to (c) of this subsection and the public employer elects
to have the person so considered by an irrevocable written notice to the board.
(e) Persons who are employees of a railroad, as defined in ORS 824.020, and who, as such em-
ployees, are included in a retirement plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the system.
(f) Persons employed in positions classified as post-doctoral scholar positions by a public uni-
versity listed in ORS 352.002, or by the Oregon Health and Science University, under ORS 350.370.
(9) “Final average salary” means whichever of the following is greater:
(a) The average salary per calendar year paid by one or more participating public employers to
an employee who is an active member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which three years the employee was paid
the highest salary. The three calendar years in which the employee was paid the largest total salary
may include calendar years in which the employee was employed for less than a full calendar year.
If the number of calendar years of active membership before the effective date of retirement of the
employee is three or fewer, the final average salary for the employee is the average salary per cal-
endar year paid by one or more participating public employers to the employee in all of those years,
without regard to whether the employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating public employer to an employee who is
an active member of the system in the last 36 calendar months of active membership before the ef-
fective date of retirement of the employee.
(10) “Firefighter” does not include a volunteer firefighter, but does include:
(a) The State Fire Marshal, the chief deputy fire marshal and deputy state fire marshals;
(b) An employee of the State Fire Marshal whose primary duties include fire investigation, fire
prevention, fire safety, fire control or fire suppression;
(c) An employee of the State Forestry Department who is certified by the State Forester as a
professional wildland firefighter and whose primary duties include the abatement of uncontrolled
fires as described in ORS 477.064; and
(d) An employee of the Oregon Military Department whose primary duties include fighting
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structural, aircraft, wildland or other fires.
(11) “Fiscal year” means 12 calendar months commencing on July 1 and ending on June 30 fol-
lowing.
(12) “Fund” means the Public Employees Retirement Fund.
(13) “Inactive member” means a member who is not employed in a qualifying position, whose
membership has not been terminated in the manner described by ORS 238.095 and who is not retired
for service or disability.
(14) “Institution of higher education” means a public university listed in ORS 352.002, the
Oregon Health and Science University and a community college, as defined in ORS 341.005.
(15) “Major fraction of a month” means a month:
(a) In which an active member is employed for more than one-half of the total calendar
days in that calendar month; and
(b) In which the member is being paid a salary by a participating public employer for
hours worked in that calendar month.
[(15)] (16) “Member” means a person who has established membership in the system and whose
membership has not been terminated as described in ORS 238.095. “Member” includes active, inac-
tive and retired members.
[(16)] (17) “Member account” means the regular account and the variable account.
[(17)] (18) “Normal retirement age” means:
(a) For a person who establishes membership in the system before January 1, 1996, as described
in ORS 238.430, 55 years of age if the employee retires at that age as a police officer or firefighter
or 58 years of age if the employee retires at that age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or after January 1, 1996, as de-
scribed in ORS 238.430, 55 years of age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that age as other than a police officer or
firefighter.
[(18)] (19) “Pension” means annual payments for life derived from contributions by one or more
public employers.
[(19)] (20) “Police officer” includes:
(a) Employees of institutions defined in ORS 421.005 as Department of Corrections institutions
whose duties, as assigned by the Director of the Department of Corrections, include the custody of
persons committed to the custody of or transferred to the Department of Corrections and employees
of the Department of Corrections who were classified as police officers on or before July 27, 1989,
whether or not such classification was authorized by law.
(b) Employees of the Department of State Police who are classified as police officers, forensic
scientists or evidence technicians by the Superintendent of State Police.
(c) Employees of the Oregon Liquor and Cannabis Commission who are classified as regulatory
specialists by the administrator of the commission.
(d) Sheriffs and those deputy sheriffs or other employees of a sheriff whose duties, as classified
by the sheriff, are the regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are classified as police officers by the
council or other governing body of the city.
(f) Police officers who are commissioned by a university under ORS 352.121 or 353.125 and who
are classified as police officers by the university.
(g) Parole and probation officers employed by the Department of Corrections, parole and pro-
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bation officers who are transferred to county employment under ORS 423.549 and adult parole and
probation officers, as defined in ORS 181A.355, who are classified as police officers for the purposes
of this chapter by the county governing body. If a county classifies adult parole and probation offi-
cers as police officers for the purposes of this chapter, and the employees so classified are repres-
ented by a labor organization, any proposal by the county to change that classification or to cease
to classify adult parole and probation officers as police officers for the purposes of this chapter is
a mandatory subject of bargaining.
(h) Police officers appointed under ORS 276.021 or 276.023.
(i) Employees of the Port of Portland who are classified as airport police by the Board of Com-
missioners of the Port of Portland.
(j) Employees of the State Department of Agriculture who are classified as livestock police of-
ficers by the Director of Agriculture.
(k) Employees of the Department of Public Safety Standards and Training who are classified by
the department as other than secretarial or clerical personnel.
(L) Investigators of the Criminal Justice Division of the Department of Justice.
(m) Corrections officers as defined in ORS 181A.355.
(n) Employees of the Oregon State Lottery Commission who are classified by the Director of the
Oregon State Lottery as enforcement agents pursuant to ORS 461.110.
(o) The Director of the Department of Corrections.
(p) An employee who for seven consecutive years has been classified as a police officer as de-
fined by this section, and who is employed or transferred by the Department of Corrections to fill
a position designated by the Director of the Department of Corrections as being eligible for police
officer status.
(q) An employee of the Department of Corrections classified as a police officer on or prior to
July 27, 1989, whether or not that classification was authorized by law, as long as the employee
remains in the position held on July 27, 1989. The initial classification of an employee under a sys-
tem implemented pursuant to ORS 240.190 does not affect police officer status.
(r) Employees of a school district who are appointed and duly sworn members of a law
enforcement agency of the district as provided in ORS 332.531 or otherwise employed full-time as
police officers commissioned by the district.
(s) Employees at youth correction facilities and juvenile detention facilities under ORS 419A.050,
419A.052 and 420.005 to 420.915 who are required to hold valid Oregon teaching licenses and who
have supervisory, control or teaching responsibilities over juveniles committed to the custody of the
Department of Corrections or the Oregon Youth Authority.
(t) Employees at youth correction facilities as defined in ORS 420.005 whose primary job de-
scription involves the custody, control, treatment, investigation or supervision of juveniles placed
in such facilities.
(u) Employees of the Oregon Youth Authority who are classified as juvenile parole and pro-
bationofficers.
(v) Employees of the Department of Human Services who are prohibited from striking under ORS
243.726 and whose duties include the care of residents of residential facilities, as defined in ORS
443.400, that house individuals with intellectual or developmental disabilities.
(w) Employees appointed as judicial marshals under ORS 1.177 who are certified under ORS
181A.540.
(x) Certified parole and probation officers employed by the State Board of Parole and Post-
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PrisonSupervision.
(y) District attorneys and deputy district attorneys.
[(20)] (21) “Prior service credit” means credit provided under ORS 238.442 or under ORS 238.225
(2) to (6) (1999 Edition).
[(21)] (22) “Public employer” means the state, one of its agencies or any city, county, municipal
or public corporation, political subdivision of the state or instrumentality thereof, or an agency
created by one or more such governmental organizations to provide governmental services. For
purposes of this chapter, such agency created by one or more governmental organizations is a gov-
ernmental instrumentality and a legal entity with power to enter into contracts, hold property and
sue and be sued.
[(22)] (23) “Qualifying position” means one or more jobs with one or more participating public
employers in which an employee performs 600 or more hours of service in a full calendar year, or
would perform 600 or more hours of service if the employee were employed for the full calendar
year, excluding any service in a job for which a participating public employer does not provide
benefits under this chapter pursuant to an application made under ORS 238.035.
[(23)](24) “Regular account” means the account established for each active and inactive member
under ORS 238.250.
[(24)] (25) “Retired member” means a member who is retired for service or disability.
[(25)] (26) “Retirement credit” means a period of time that is treated as creditable service for
the purposes of this chapter.
[(26)(a)] (27)(a) “Salary” means the remuneration paid an employee in cash out of the funds of
a public employer in return for services to the employer, plus the monetary value, as determined
by the Public Employees Retirement Board, of whatever living quarters, board, lodging, fuel, laundry
and other advantages the employer furnishes the employee in return for services.
(b) “Salary” includes but is not limited to:
(A) Payments of employee and employer money into a deferred compensation plan, which are
deemed salary paid in each month of deferral;
(B) The amount of participation in a tax-sheltered or deferred annuity, which is deemed salary
paid in each month of participation;
(C) Retroactive payments described in ORS 238.008;
(D) Wages of a deceased member paid to a surviving spouse or dependent children under ORS
652.190;and
(E) The full amount of required employee contributions under ORS 238A.330 that are paid by the
employer on behalf of its employees under ORS 238A.335 (2)(b), solely for the purpose of computing
a member’s final average salary, and not for any other purpose.
(c) “Salary” or “other advantages” does not include:
(A) Travel or any other expenses incidental to employer’s business which is reimbursed by the
employer;
(B) Payments for insurance coverage by an employer on behalf of employee or employee and
dependents, for which the employee has no cash option;
(C) Payments made on account of an employee’s death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a future period or an advance
against future wages;
(F) Any retirement incentive, retirement severance pay, retirement bonus or retirement
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gratuitouspayment;
(G) Payments for periods of leave of absence after the date the employer and employee have
agreed that no future services qualifying pursuant to ORS 238.015 (3) will be performed, except for
sick leave and vacation;
(H) Payments for instructional services rendered to public universities listed in ORS 352.002 or
the Oregon Health and Science University when such services are in excess of full-time employment
subject to this chapter. A person employed under a contract for less than 12 months is subject to
this subparagraph only for the months to which the contract pertains;
(I) Payments made by an employer for insurance coverage provided to a domestic partner of an
employee;
(J) Compensation described and authorized under ORS 341.556 that is not paid by the community
college employing the faculty member;
(K) Compensation described and authorized under ORS 352.232 that is not paid by the public
university employing the officer or employee;
(L) Compensation described and authorized under ORS 353.270 that is not paid by Oregon Health
and Science University; or
(M) For years beginning on or after January 1, 2020, any amount in excess of $195,000 for a
calendar year. If any period over which salary is determined is less than 12 months, the $195,000
limitation for that period shall be multiplied by a fraction, the numerator of which is the number
of months in the determination period and the denominator of which is 12. On January 1 of each
year, the board shall adjust the dollar limit provided by this subparagraph to reflect any percentage
changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as pub-
lished by the Bureau of Labor Statistics of the United States Department of Labor.
[(27)] (28) “School year” means the period beginning July 1 and ending June 30 next following.
[(28)] (29) “System” means the Public Employees Retirement System.
[(29)] (30) “Variable account” means the account established for a member who participates in
the Variable Annuity Account under ORS 238.260.
[(30)] (31) “Vested” means being an active member of the system in each of five calendar years.
[(31)] (32) “Volunteer firefighter” means a firefighter whose position normally requires less than
600 hours of service per year.
SECTION 4. ORS 238A.140 is amended to read:
238A.140. (1) An active member of the pension program accrues one year of retirement credit
for each complete year of service and one-twelfth of a year of retirement credit for each full month
and each major fraction of a month of service.
(2) An active member who is a school employee shall be credited with at least six months of
retirement credit if the member performs service for a major fraction of each month of a school year
that falls between January 1 and June 30, and at least six months of retirement credit if the member
performs service for a major fraction of each month of a school year that falls between July 1 and
December 31.
(3) When an eligible employee becomes a member under ORS 238A.100, the board shall credit
the eligible employee with retirement credit for the period of employment required of the employee
under ORS 238A.100.
(4) A member may not accrue more than one full year of retirement credit in any calendar year.
(5) For purposes of this section[,]:
(a) “Major fraction of a month” or “major fraction of each month” means a month:
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(A) In which an active member is employed for more than one-half of the total calendar
days in that calendar month; and
(B) In which the member is being paid a salary by a participating public employer for
hours worked in that calendar month.
(b) “School employee” means:
[(a)] (A) A person who is employed by a common school district, a union high school district
or an education service district;
[(b)] (B) An employee of an institution of higher education who is engaged in teaching or other
school activity; and
[(c)] (C) An employee of the Department of Human Services, the Oregon Youth Authority, the
Department of Corrections or the State Board of Education who is engaged in teaching or other
school activity at an institution supervised by the authority, board or department.
SECTION 5. ORS 238.148 is amended to read:
238.148. (1) A member of the Public Employees Retirement System who is a police officer is en-
titled to receive retirement credit as provided in subsection (2) of this section if:
(a) The member was employed as a public safety officer by another state, or political subdivision
of another state, before being employed in a position that entitled the member to credit in the sys-
tem; and
(b) The member makes the payment required by subsection (2) of this section within the time
specified by that subsection.
(2) Except as provided in subsection (3) of this section, a member of the system employed as a
police officer who meets the requirements of subsection (1) of this section is entitled to receive re-
tirement credit for the period of the member’s service with another state, or political subdivision
of another state, not to exceed a maximum of four years, if the member within 90 days of the
member’s effective date of retirement:
(a) Applies in writing to the Public Employees Retirement Board for such retirement credit;
(b) Provides written verification to the board from the other state, or political subdivision of the
other state, that employed the member, verifying the period of time that the member served as a
public safety officer in the other state; and
(c) Pays to the board, in a lump sum, for each year of retirement credit applied for under this
section, an amount determined by the board to represent the full cost to the system of providing the
retirement credit to the member, including all administrative costs incurred by the system in pro-
cessing the application for acquisition of the retirement credit.
(3) A member may not receive retirement credit under the provisions of this section for any
period of service with another state, or political subdivision of another state, if the member is en-
titled to a pension or retirement allowance by reason of that service under a public plan or system
offered by the other state or by a political subdivision of the other state.
(4) For the purposes of this section, “public safety officer” means a person who serves in a po-
sition with another state, or political subdivision of another state, that is the other state’s equiv-
alent of a position described in ORS 238.005 [(19)] (20).
SECTION 6. ORS 238.580 is amended to read:
238.580. (1) Except as provided in subsection (3) of this section, ORS 238.005 (4) and [(26)] (27),
238.025, 238.078, 238.082, 238.092, 238.115 (1), 238.250, 238.255, 238.260, 238.350, 238.362, 238.364,
238.372 to 238.384, 238.410, 238.415, 238.420, 238.445, 238.458, 238.460, 238.465, 238.475, 238.600,
238.605, 238.610, 238.618, 238.630, 238.635, 238.645, 238.650, 238.655, 238.660, 238.665, 238.670 and
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238.705 and the increases provided by ORS 238.366 for members of the system who are serving as
other than police officers or firefighters apply in respect to service as a judge member.
(2) This chapter applies in respect to persons described in ORS 238.505 (1) and in respect to
service as a judge member only as specifically provided in ORS 238.500 to 238.585.
(3) ORS 238.005 [(26)(c)(M)] (27)(c)(M) does not apply in respect to service as a judge member.
SECTION 7. ORS 238.608 is amended to read:
238.608. (1) The Public Employees Retirement Board shall conduct a study of the life expectancy
of members of the Public Employees Retirement System in the categories described in subsection (2)
of this section. If the board determines that members in the categories described in subsection (2)
of this section have a life expectancy that is substantially shorter than the life expectancy of mem-
bers of the system generally, the board shall adopt and use separate actuarial equivalency factor
tables under ORS 238.607 for the purpose of computing the payments to be made to members in the
categories described in subsection (2) of this section and to the beneficiaries and alternate payees
of those members. Any actuarial equivalency factor tables adopted under this section shall first be-
come effective January 1, 2005.
(2) The provisions of this section apply to members of the system who are defined as firefighters
under ORS 238.005 or as police officers under ORS 238.005 [(19)(a)] (20)(a), (b), (d), (e), (f), (g), (L),
(m), (o), (p) or (q).
SECTION 8.ORS 238A.010 is repealed.
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