Oregon Code § 238.555·Enacted ·Last updated March 01, 2026
Statute Text
Disability retirement allowance.
(1)(a) A judge member who has not attained the age of 65 years and who is found
to be mentally or physically incapacitated for an extended duration, as
determined by medical examination by one or more physicians selected by the
board, and thereby unable to perform any work for which qualified, by injury or
disease sustained while in actual performance of duty and not intentionally
self-inflicted, shall be retired for disability and shall receive as a
disability retirement allowance, payable monthly, a pension equal to the
service retirement allowance to which the judge member would be entitled under
ORS 238.535 (1)(a), had the judge member served as a judge continuously until
attaining the age of 65 years, but not less than an annual amount equal to 45
percent of the final average salary, as defined in ORS 238.535 (2), of the
judge member.
(b) As used in
paragraph (a) of this subsection, injury means bodily injury causing the
disability directly and independently of all other causes and effected solely
through accidental means.
(2) A judge
member who has six or more years of service as a judge, who has not attained
the age of 65 years and who is found to be mentally or physically incapacitated
for an extended duration, as determined by medical examination by one or more
physicians selected by the board, and thereby unable to perform any work for
which qualified, from cause other than injury or disease sustained while in
actual performance of duty and not intentionally self-inflicted, shall be
retired for disability and shall receive as a disability retirement allowance,
payable monthly, a pension equal to the service retirement allowance to which
the judge member would be entitled under ORS 238.535 (1)(a) had the judge
member served as a judge continuously until attaining the age of 65 years, but
not less than an annual amount equal to 45 percent of the final average salary,
as defined in ORS 238.535 (2), of the judge member.
(3) The effective
date of the disability of a judge member shall not be determined by the board
as prior to the last day for which the judge member performed service as a
judge.
(4) No disability
retirement allowance may be paid for any month in which the judge member
received salary or sick leave benefits from the state.
(5) ORS 238.320
(4) and (5), 238.330 (3), 238.335 and 238.340 apply to retirement of a judge
member for disability.
(6) A judge
member who is retired under the provisions of ORS 1.310 is entitled to any
applicable retirement allowance for which eligible under ORS 238.500 to
238.585. [Formerly 237.225]