(1) Notwithstanding any other provisions of this chapter, a person who establishes membership in the Public Employees Retirement System on or after January 1, 1996, is entitled to receive only the benefits provided under ORS § 238.435 for periods of service with participating public employers after January 1, 1996, and has no right or claim to any other benefit provided under this chapter. A person who establishes membership in the Public Employees Retirement System before January 1, 1996, is entitled to receive those benefits otherwise provided by this chapter, and is not subject to the provisions of ORS § 238.435.

(2) A person establishes membership in the system before January 1, 1996, for the purposes of this section if:

(a) The person is a member of the system, or a judge member of the system, on January 1, 1996;

(b) The person was a member of the system before January 1, 1996, ceased to be a member of the system under the provisions of ORS § 238.095, 238.265 or 238.545 before January 1, 1996, but restored part or all of the forfeited creditable service from before January 1, 1996, under the provisions of ORS § 238.105 or 238.115 after January 1, 1996;

(c) The person performed any period of service for a participating public employer before January 1, 1996, that is credited to the six-month period of employment required of an employee under ORS § 238.015 before an employee may become a member of the system; or

(d) The person becomes a member of the system under the terms of an integration contract pursuant to the terms of ORS § 238.680, and under the terms of the contract the person receives retirement credit in the system for periods of employment performed for the public employer before January 1, 1996.

(3) The provisions of ORS § 238.435 do not apply to judge members of the system. [1995 c.654 § 2; 1997 c.175 § 12; 2005 c.22 § 176]