Oregon Revised Statutes Chapter 169 § 169.810 — Assumption of duties by regional correctional facility constitutes assumption
Oregon Revised Statutes Chapter 169 ·
Oregon Code § 169.810·Enacted ·Last updated March 01, 2026
Statute Text
Assumption of duties by regional correctional facility constitutes assumption
by public employer; rights of transferred employees.
(1) Assumption by the regional
correctional facility of those custodial duties formerly performed by a county
or city jail constitutes an assumption of duties by a public employer subject
to ORS 236.610 to 236.640.
(2) An employee
who transfers from employment at a county or city jail to employment at a
regional correctional facility operated by the county or city by which the
employee has been employed shall be accorded the following rights:
(a) If a trial or
probationary service period is required for employment at the county or city
jail, the period of county or city employment of the employee shall apply to
that requirement.
(b) An employee
who transfers from employment at a county or city jail to employment at the
regional correctional facility shall retain accumulated unused sick leave with
pay and the accumulated unused vacation with pay to which the employee was
entitled under county or city employment on the day before the transfer that
are supported by written records of accumulation and use pursuant to a plan
formally adopted and applicable to the employee under county or city
employment.
(c)
Notwithstanding any other provision of law applicable to a retirement system
for county employees or city employees, an employee who transfers from
employment at a county or city jail to employment at the regional correctional
facility who was participating in a retirement system under county or city
employment may elect, not later than the first day of the month following the
month in which the employee transfers, to continue under the retirement system
in which participating and not to become, if eligible, a member of another
retirement system. The election shall be made in writing and shall be submitted
to the regional correctional facility administrator, the Public Employees
Retirement Board and the governing body of the counties and cities that operate
the regional correctional facility.
(d) If an
employee elects to continue under the retirement system in which participating
under county or city employment, the employee shall continue to make required
contributions to that system and the administration of the regional
correctional facility shall make contributions on behalf of the employee
required of an employer participating in that system.
(e) If an
employee fails to elect to continue under the retirement system in which
participating under county or city employment as provided in paragraph (c) of
this subsection or was not participating in a retirement system under county or
city employment, the employee shall become, if eligible, a member of the Public
Employees Retirement System. If the employee is eligible to become a member of
the Public Employees Retirement System, the period of continuous service of the
employee under county or city employment immediately before the transfer of the
employee shall apply to the six months service requirement of ORS 238.015,
238A.100 or 238A.300 (1).
(3) The county or
city employment records, or a copy thereof, applicable to an employee
transferred under subsection (2) of this section shall be provided by the
person having custody of the records to the regional correctional facility
administrator. [1985 c.708 §8; 2003 c.733 §48; 2011 c.722 §20]
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Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 169.810
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
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