(1) Except as provided in this section, all public employers of police officers or firefighters shall provide retirement benefits to those employees under the Public Employees Retirement System.

(2) Notwithstanding subsection (1) of this section, a public employer of police officers or firefighters need not provide retirement benefits to those employees under the Public Employees Retirement System if the Public Employees Retirement Board determines that the public employer provides retirement benefits to each of the following classes of employees that are equal to or better than the retirement benefits that would be provided to the equivalent classes of employees under the Public Employees Retirement System:

(a) Police officers or firefighters who are entitled to receive benefits only under ORS Chapter 238 and who established membership in the system before January 1, 1996, as described in ORS § 238.430 (2);

(b) Police officers or firefighters who are entitled to receive benefits only under ORS Chapter 238 and who established membership in the system on or after January 1, 1996, and before August 29, 2003, as described in ORS § 238A.025 (4); and

(c) Police officers or firefighters who establish membership in the system on or after August 29, 2003, and are entitled to benefits only under the Oregon Public Service Retirement Plan.

(3) A public employer that provides retirement benefits under subsection (2) of this section must provide that:

(a) If an employee to whom the public employer provides retirement benefits dies before the employee’s effective date of retirement, a former spouse of the employee is entitled to a death benefit if and to the extent provided for in the terms of any judgment of annulment or dissolution of marriage or of separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment or dissolution of marriage or of separation, as if the former spouse were the surviving spouse of the employee, as provided in ORS § 237.600.

(b) If an employee to whom the public employer provides retirement benefits dies before the employee’s effective date of retirement and has a dependent child who is not supported by the former spouse who is treated as the surviving spouse under paragraph (a) of this subsection, the dependent child is entitled to a death benefit.

(4) Notwithstanding subsection (3) of this section, a former spouse or dependent child of an employee is not entitled to a death benefit if, before the death of the employee, the former spouse or dependent child has commenced receiving a retirement benefit provided for in the terms of any judgment of annulment or dissolution of marriage or of separation, or the terms of any court order or court-approved property settlement agreement incident to any judgment of annulment or dissolution of marriage or of separation, as provided in ORS § 237.600.

(5) At such times as may be established by board rule, the Public Employees Retirement Board shall review the retirement benefits provided by a public employer of police officers or firefighters that does not provide retirement benefits for those employees under the Public Employees Retirement System. The review must be conducted at the expense of the public employer. Based on the review, the board shall determine whether the public employer complies with the requirements of subsection (2) of this section. If the board determines that the public employer does not comply with the requirements of subsection (2) of this section for any class of employees described in subsection (2) of this section, the public employer must provide that class of employees with retirement benefits adequate to meet the requirements of subsection (2) of this section. If the public employer fails to provide those benefits, any employee within the class may bring an action in circuit court to compel compliance with the requirements of this section. [1971 c.692 § 3; 1973 c.704 § 16; 1975 c.449 § 13; 1989 c.888 § 2; 1991 c.67 § 56; 2001 c.945 § 76; 2003 c.625 § 33; 2007 c.622 § 1; 2015 c.506 § 4]

[1971 c.692 § 4; 1975 c.449 § 7; renumbered 237.173 in 1991]