Eugene Water & Elec. Bd. v. Pub. Emps. Ret. Bd. & John T. Wigle, 365 Or. 59

Summary

The Oregon Supreme Court considered whether a worker employed by a public employer through a temporary-staffing company was entitled to Public Employees Retirement System membership after six months of service. The court held that the phrase "in the service of a public employer" most likely required the worker to be on the public employer's payroll, rather than merely having a common-law employment relationship with that employer. The court reversed the Court of Appeals and the Public Employees Retirement Board and remanded the matter to the board.

Holdings

1. A worker who performs services for a public employer through a temporary-staffing company and is paid by that company is not PERS-eligible under former ORS 237.011 (1981) merely because the worker may have a common-law employment relationship with the public employer.
2. Wigle became eligible for PERS membership after six months of service beginning with his regular employment on EWEB's payroll, rather than based on his earlier temporary positions paid through Kelly Services.

Questions Presented

1. Whether a common-law employee who performs work for a public employer through a temporary-staffing company and is paid by that company is "in the service of a public employer" and eligible for PERS membership under former ORS 237.011 (1981).
2. Whether PERS eligibility under former ORS 237.011 (1981) requires the employee to be on the public employer's payroll.

Disposition

reversed_and_remanded