Notwithstanding ORS 238A.115, a deceased member of the Public Employees Retirement System shall be considered vested for all purposes under the pension program if:

1. (1) At the time of death the member was an active member of the system;
2. (2) The employer of the member certifies to the Public Employees Retirement Board that the member was killed in the course and scope of the member’s employment; and
3. (3) At the time of death the member was not otherwise vested in the pension program under ORS 238A.115.

Note: 238A.117 was added to and made a part of ORS chapter 238A by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

[2013 c.589 §2]