1. (1) Under ORS 238.015(4) and 238A.005(4)(d), student employees are not eligible for membership in the system by reason of their student employment. A participating employer is responsible for determining whether a person is ineligible for membership in the system because the person is a student employee.

2. (2) As used in this rule:

   1. (a) The term “school” includes the following public and private educational institutions: a charter school, an elementary school, a middle school, a junior high school, a high school, a community college, an institution of higher education, an Oregon education service district, and the Oregon State School for the Deaf.
   2. (b) The term “enrolled at least half-time” means that the person is enrolled in a school as a student on at least a half-time basis, as determined by the school in which enrolled.

3. (3) A participating employer may designate a person as a student employee if:

   1. (a) The person is enrolled at least half-time in a school; and
   2. (b) The employment is principally related to the person’s status as a student, or for the purpose of furthering the person’s education as a student, e.g. a work-study program, student internship program, etc.

4. (4) A participating employer may not designate a person as a student employee, and must evaluate whether the person is an employee eligible for membership in the system (as determined under OAR 459-005-0020) if:

   1. (a) The person is not enrolled at least half-time in a school; and
   2. (b) The person’s employment is not principally related to the person’s status as a student, or for the purpose of furthering the person’s education as a student.
5. (5) If a person qualifies as a student employee under section (3) of this rule, the person may be designated as a student employee during a temporary break that does not exceed an academic quarter or semester, if the student employee has notified the employer of their intent to resume at least half-time enrollment following the break.
6. (6) For a person whose student employee status varies from time to time, the person’s principal status during the school year shall be used in determining whether a person is an ineligible student employee or an eligible employee for that school year.

Statutory/Other Authority

ORS 238.650 & ORS 238A.450

Statutes/Other Implemented

ORS 238.015(4) & ORS 238A.005(4)

History

PERS 4-2023, minor correction filed 02/07/2023, effective 02/07/2023
PERS 4-2019, adopt filed 05/31/2019, effective 05/31/2019