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About The Oregon state employee. (Salem, Oregon.) 1944-195? | View Entire Issue (March 1, 1945)
32 T H E R ETIR EM EN T A CT (Continued from Page 31) m ent shall be m ade to persons included in any o f these groups should there be liv in g at the date o f paym ent persons in any of the groups preceding it as listed. P aym en t to the persons in any group, upon receipt fro m them o f an a ffid a v it upon a form supplied b y the board, that there are no liv in g individuals in a group preceding it and that the estate o f the deceased w ill not be probated, shall com pletely discharge the board and system on account o f the death. Section 22. (1) W henever an em ploye who is a m em ber of the system , who has been an em ployee fo r fiv e years or m ore o f an em ployer w hich is p articipating in the system , and who is under the volu ntary service retirem ent age, is found, after b e ing exam ined b y one or m ore physicians selected b y the board, to be m entally or p h ysically incapacitated fo r an extended and u ncertain duration, as determ ined by m edical exam ination, b y in ju ry sustained w hile in actu al perform ance o f duty and not intentionally self-in flicte d , he shall re ceive a d isability retirem ent annu nity based on the contributions credited to his account and a pension provided b y the contrib u tions o f his em ploying agencies equal .to the pension to w hich he w ould have been en titled if he had w orked continu ally un til his earliest service retirem ent age as pro vided in section 18 (5); provided, how ever, that no paym ents under such d isability re tirem ent an n u ity and pension shall be paid fo r the first 90-day period o f such in cap a city . The am ount o f the pension shall be reduced, how ever, b y the am ount o f the paym ents to w hich he is entitled from the industrial accident com m ission. (2) W henever an em ploye who is a m em ber o f the system , who has been an em ploye fo r fifte e n years or m ore o f an em ployer w hich is p articipating in the system , and who is under the vo lu n tary service re tirem ent age, is found, after being exam ined b y one or m ore physicians selected b y the board, to be m en tally or p h ysically in cap a citated fo r an extended and u ncertain d u r ation, as determ ined b y needed exam in a tion, from cause other than in ju ry sus tained w hile in actu al perform ance o f duty or in tentionally self-in flicte d , he shall re ceive a disab ility retirem ent annu nity based on the contributions credited to his account and a pension provided by the contributions o f his em ploying agencies equal to the pension to w hich he w ould h ave been en titled if he had w orked continu ally u n til his earliest service retirem ent age as pro vided in section 18 (5); provided, how ever, that no paym ents under such d isability re tirem ent annu ity and pension shall be paid for the first 90-day period o f such in cap acity . (3) The board shall require m edical e x am inations of all applicants fo r retirem ent for d isability under such general rules as it prescribes, and m ay provide for the dis continuance o f any d isability retirem ent allow ance and the fo rfeitu re of all rights under this act, fo r an y person who re fuses to subm it to such an exam ination. (4) W hen a disability b en eficiary is de term ined by the board to be not incap aci tated to the exten t th at he is disabled from the perform ance of du ty, his disab il ity retirem ent shall be cancelled forthw ith and he shall be reinstated in service, his rate o f contribution to be determ ined, am ong other factors, b y his age at the tim e o f the reinstatem ent and his individu al a c count to be credited w ith the am ount w hich stands to his credit in his account in the fu n d at the tim e o f his retirem ent fo r dis a b ility . Su ch a person who fo r an y reason is not reinstated in the service of a public em ployer p articipating in the system shall receive separation benefits as provided in this act. Section 23. The righ t of a person to a pension, an annunity, or a retirem ent,' a l low ance, to the return o f contribution, the pension, annu ity, or retirem ent allow ance itself, any optional ben efit or death bene fit, or any other rig h t accrued or accruing to arty person under the provisions of this act, and the m oney in the various funds created b y the act, shall be exem pt from all state, county, and m u nicip al taxes and shall not be subject to execution, garnish m ent, attachm ent or any other process or to the operation o f any b ankru p tcy or insolv ency law , and shall be unassignable. Section 24. Should any section, sentence, clause, or word o f this act be held u nco n stitutional, the in v alid ity of the section, sentence, clause, or word shall not a ffe ct the v a lid ity of any other portion o f the act, it being the intent of this legislative assem b ly to enact the rem ainder o f this act, not w ithstanding the part so declared u nco n stitutional should or m ay be so declared. Section 25. This act shall take e ffe ct Ju ly 1, 1945, except as to those parts o f it p er taining to m em bership in the system and contributions to the retirem ent fu n d , w hich shall take e ffect J u ly 1, 1946. A vision w ithout a task makes a visionary; a task w ithout vision makes a drudge. — Mullens Bottling Company of Corvallis
