Oregon Advisory Opinions November 19, 1965: OAG 65-147 (November 19, 1965)
Collection: Oregon Attorney General Opinions
Docket: OAG 65-147
Date: Nov. 19, 1965
Advisory Opinion Text
OAG 65-147.
Oregon Port Authorities Commission may not employ person, age 69, contrary to ORS 237.133.
Oregon Port Authorities Commission
You have inquired whether the Oregon Port Authorities Commission may employ as executive secretary a person who is 69 years of age.
Section 8 of chapter 408, Oregon Laws 1965, the statute creating the commission, provides in part:
"(1) The commission shall employ a qualified person to serve as executive secretary of the commission, who shall serve at the
pleasure of the commission and who shall receive such compensation as the commission determines."
ORS 237.003 (7) defines the term "public employer" as used in ORS chapter 237, relating to the Public Employes' Retirement System, to include the state and its agencies. The state is a member of the retirement system, hence the commission as an agency of the state is subject to ORS chapter 237.
Pursuant to ORS 237.129 (3) of the retirement law, compulsory retirement takes effect when the employe attains the age of 65. Opinions of the Attorney General, 1958-1960, p. 133.
Decisive of your question is ORS 237.133 which provides in part:
"(4) Except as otherwise specifically provided by ORS 237.001 to 237.315, no person who has attained compulsory retirement age can * * * be employed by any participating employer in a position which normally requires 600 hours of service per calendar year."
The exceptions provided by ORS 237.001 to 237.315 do not apply to the candidate in question, i.e., independent contractors and seasonal, emergency or casual workers employed less than 600 hours in any calendar year.
It is therefore our opinion that the Oregon Port Authorities Commission may not employ a person 69 years of age contrary to the provisions of ORS 237.133.