ORS 169.810
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 (Rights of employee when duties assumed by different public employer) to 236.640 (Reemployment right of employee at end of cooperation agreement).

(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 (Membership generally), 238A.100 (Establishing membership under pension program) or 238A.300 (Establishing membership under individual account program) (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]

Source: Section 169.810 — Assumption of duties by regional correctional facility constitutes assumption by public employer; rights of transferred employees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html.

169.005
Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800
169.030
Construction, maintenance and use of local correctional facilities by county and city
169.040
Inspection of local correctional facilities
169.042
Maximum facility population
169.044
Action on recommendation
169.046
Notice of county jail population emergency
169.050
Contracts for boarding of prisoners
169.053
Agreements with other counties or Department of Corrections for confinement and detention of offenders
169.055
Contracts with Department of Corrections for county prisoners awaiting sentencing
169.070
Coordination of state services by Department of Corrections
169.072
Provision of services or assistance by Department of Corrections through arrangements with local governments
169.076
Standards for local correctional facilities
169.077
Standards for lockup facilities
169.078
Standards for temporary hold facilities
169.080
Effect of failure to comply with standards
169.085
Submission of construction or renovation plans to Department of Corrections
169.090
Manual of guidelines for local correctional facility operation
169.105
Unconscious person not to be admitted to custody in facility
169.110
Time credit for good behavior
169.115
Temporary leave
169.120
Credit for work
169.140
Furnishing prisoners food, clothing and necessary medical aid
169.150
Payment of expenses of keeping prisoners
169.151
Expenses of keeping prisoners
169.152
Liability for costs of medical care for persons in county facility
169.153
Liability of public agency for costs of medical care provided to persons in transport
169.155
Definitions for ORS 169.155 and 169.166
169.166
Liability for costs of medical services
169.170
Assignment of county prisoners to public works
169.180
Assignment of city prisoners to public works
169.190
Transfer of prisoners to another county for public work
169.210
Contracts for private employment of prisoners
169.220
Care of county prisoners
169.320
Control over prisoners
169.330
Civil liability for release of prisoner
169.340
Liability for escape of defendant in a civil action
169.350
Liability for failing to serve papers
169.360
Appointment of keeper of local correctional facility
169.610
Policy
169.620
“Regional correctional facility” defined
169.630
Joint establishment or operation of facilities
169.635
Provision of personal hygiene products
169.640
Status of facility for custody of misdemeanants and violators
169.650
Status of facility operated by Department of Corrections
169.660
Status of persons confined in facility operated by Department of Corrections
169.670
Transfer of persons to facility operated by Department of Corrections
169.673
Conversion of state correctional institutions into regional correctional facilities
169.677
Converted facilities to house felony or misdemeanant prisoners
169.681
Limit on telephone service provider fee or commission
169.683
Requirements for request for proposals
169.685
Inmate Welfare Fund Account
169.690
Establishment of halfway houses and other facilities
169.730
Definitions for ORS 169.740 to 169.760
169.740
Standards for juvenile detention facilities
169.750
Restrictions on operation of juvenile detention facilities
169.760
Juvenile detention facilities to establish written policy
169.770
Release of detained juvenile when detention facility violates standards
169.800
Detention of juveniles before conviction and execution of sentence
169.810
Assumption of duties by regional correctional facility constitutes assumption by public employer
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