Eligible Employee

"Eligible employee" means a person who performs services for a participating public employer, including elected officials other than judges. "Eligible employee" does not include:

(a) Persons engaged as independent contractors;

(b) Aliens working under a training or educational visa;

(c) Persons, other than workers in the Industries for the Blind Program under ORS 346.190 (Industries for the Blind Program), provided sheltered employment or make-work by a public employer;

(d) Persons categorized by a participating public employer as student employees;

(e) Any person who is an inmate of a state institution;

(f) Employees of foreign trade offices of the Economic and Community Development Department who live and perform services in foreign countries under the provisions of ORS 285A.075 (Department duties) (1)(g);

(g) An employee actively participating in an alternative retirement program established under ORS 353.250 (Alternative retirement programs) or an optional retirement plan established under ORS 341.551 (Optional retirement plan for administrative employees);

(h) Employees of the Oregon University System who are actively participating in an optional retirement plan offered under ORS 243.800 (Optional retirement plan for certain academic and administrative higher education employees);

(i) Any employee who belongs to a class of employees that was not eligible on August 28, 2003, for membership in the system under the provisions of ORS chapter 238 or other law;

(j) Any person who belongs to a class of employees who are not eligible to become members of the Oregon Public Service Retirement Plan under the provisions of ORS 238A.070 (Participation generally) (2);

(k) Any person who is retired under ORS 238A.100 (Establishing membership under pension program) to 238A.245 (Reemployment after commencement of pension benefits) or ORS chapter 238 and who continues to receive retirement benefits while employed; and

(L) Judges.

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