justicedao/ipfs_state_laws huggingface dataset:
170-080-0056 Individual Participation (1) An individual who is 18 years of age and older and is eligible to contribute to an IRA under the Code may choose to participate in the Program as a Participating Individual. (2) An individual may become a Participating Individual by: (a) Completing and delivering, in a form or format established by the Program, instructions to initiate enrollment using the internet portal established by the Program Administrator; and (b) Establishing an Automatic Contribution Plan; or (c) Making a Minimum Initial Contribution as required by the Program Administrator. (3) Participating Individuals shall receive individual participation-specific Program materials from the Program Administrator at the time of enrollment. The Program Administrator will deliver the informational materials electronically, unless the Participating Individual elects to receive a set of hard copy materials. (4) A Participating Individual who works for an Exempt Employer will make Non-Payroll Contributions unless the Exempt Employer agrees to process Payroll Deduction Contributions. (5) Exempt Employers who agree to process Payroll Deduction Contributions for Participating Individuals are not Participating Employers. Exempt Employers are solely responsible for determining whether their payroll deduction IRA programs satisfy IRS and DOL requirements for exemption from ERISA. (6) The Program Administrator will establish the minimum contribution rate for a Participating Individual through an Automatic Contribution Plan. (7) A Participating Individual with an Automatic Contribution Plan may make additional Non-Payroll Contributions to a Program IRA. (8) The Participating Individual is responsible for ensuring that annual contributions do not exceed the annual IRA contribution limit as determined by the Code and related rules promulgated by the IRS. Contributions must be delivered to the OregonSaves IRA trustee in accordance with procedures determined by the Board and approved by the Program Administrator. (9) The Board will establish a default election for Participating Individuals. Statutory/Other Authority: ORS 178.200-178-245 Statutes/Other Implemented: ORS 178.200-178-245 History: OST 3-2018, adopt filed 10/11/2018, effective 10/19/2018
170-080-0057 Rollovers and Transfers The Board shall establish procedures with the Program Administrator through which a Participating Employee, Participating Individual, or Beneficiary may roll over or transfer all or a portion of a Program IRA account to a different retirement savings vehicle in accordance with the Code. In addition, Program IRAs may receive rollovers and transfers from other retirement savings vehicles in accordance with the Code. Statutory/Other Authority: ORS 178.200-178.245 Statutes/Other Implemented: ORS 178.200-178.245 History: OST 3-2018, adopt filed 10/11/2018, effective 10/19/2018
170-080-0058 Termination of Facilitating Employer Status through Program Exemption (1) A Facilitating Employer who begins offering a Qualified Plan must notify the Program Administrator at least 60 days prior to the cessation of Payroll Deduction Contributions. (2) Unless otherwise elected by the Participating Employee, Program IRAs will remain in the Program after the Facilitating Employer certifies its exemption and Participating Employees may continue to make contributions as Participating Individuals pursuant to OAR 170-080-0056. (3) The Program Administrator will notify Participating Employees of the Facilitating Employer’s termination of participation in the Program and provide further instructions for future interaction with their Program IRAs. (4) The Facilitating Employer must inform Participating Employees of their intention to terminate participation in the Program at least 30 days prior to cessation of Payroll Deduction Contributions. The Program Administrator will provide hard copy informational materials to the Facilitating Employer for distribution to Participating Employees. Statutory/Other Authority: ORS 178.200-178.245 Statutes/Other Implemented: ORS 178.200-178.245 History: OST 3-2018, adopt filed 10/11/2018, effective 10/19/2018
170-080-0060 Technical Assistance to Employers The Program Administrator will provide a range of tools and technical assistance for Employer use. Facilitating Employers shall advise the Program Administrator if they desire technical assistance in completing Program requirements. Statutory/Other Authority: ORS 178.200 to 178.245 Statutes/Other Implemented: ORS 178.200–178.245 History: OST 3-2017, f. & cert. ef. 4-19-17
170-080-0061 Account Closure A Program IRA account may be closed by a process established by the Board if: (1) No funds have been deposited into the account for at least 18 months; and (2) All funds from the Participating Employee’s or Participating Individual’s account have been withdrawn pursuant to OAR 170-080-0057; or (3) All funds from the Participating Employee’s or Participating Individual’s account have been rolled over or transferred pursuant to OAR 170-080-0058. Statutory/Other Authority: ORS 178.200-178.245 Statutes/Other Implemented: ORS 178.200-178.245 History: OST 3-2018, adopt filed 10/11/2018, effective 10/19/2018
170-080-0062 Abandoned Accounts A Program IRA will be presumed abandoned according to the unclaimed property law of the state of the last known address of the Participating Employee or Participating Individual. If the last known address of the Participating Employee or Participating Individual is in Oregon, the provisions of the Uniform Disposition of Unclaimed Property shall apply (ORS 98.302 to 98.436). If there is no last known address of the Participating Employee or Participating Individual in the Program records, federal common law shall determine the state with the first priority claim. Statutory/Other Authority: ORS 178.200-178.245 Statutes/Other Implemented: ORS 178.200-178.245 History: OST 3-2018, adopt filed 10/11/2018, effective 10/19/2018
170-080-0065 Confidentiality (1) Confidentiality . The Board will treat Individual IRA account information as confidential, including without limitation, names, addresses, telephone numbers, personal identification information, contributions, and earnings. (2) Written release . (a) The Board may disclose an individual’s Program IRA account information to persons or entities other than those described in subsection (4) of this Rule if it receives a signed release from the Participating Employee or Participating Individual consenting to disclosure of some or all of the individual’s Program IRA account information to a specific person or entity. For purposes of this paragraph, “an individual’s Program IRA account information” includes information pertaining to: (A) the Participating Employee’s or Participating Individual’s IRA account; (B) Beneficiary designations; (C) Distributions; or (D) other information contained in any draft court order. (b) A written authorization to release information is valid indefinitely, unless a specific end date is provided in the written statement. (3) Subpoena . A subpoena for information available from the Program must be made out to the State of Oregon, Oregon Retirement Savings Program. The Program reserves the right to object to any subpoena on the grounds that the subpoena fails to provide a reasonable time for preparation and travel, is otherwise unreasonable or oppressive, or that service was improper, in addition to any other basis legally available. To facilitate prompt processing, copies of subpoenas should be served at the Office of the State Treasurer. Faxed subpoenas are not acceptable. (4) Disclosure . The Board may disclose anonymized data which does not include information that is identifiable to an individual Participating Employee, Participating Individual, Beneficiary, or Employer for purposes of research associated with the Program. The Board may disclose information that it is required to disclose under the Oregon Public Records Law. The Board may disclose an individual’s Program IRA account information to the Program Administrator, the providers of investments for the Program, regulatory agencies to the extent disclosure is required by law, and to other persons or entities to the extent the Board determines disclosure is necessary to administer the Program. Statutory/Other Authority: ORS 178.220 Statutes/Other Implemented: ORS 178.200–178.245 History: OST 3-2018, amend filed 10/11/2018, effective 10/19/2018 OST 6-2017, amend filed 10/24/2017, effective 10/24/2017 OST 3-2017, f. & cert. ef. 4-19-17
170-080-0066 Board Authority If, after three attempts to bring an Employer into compliance, the Board has reasonable grounds to believe that an Employer has not registered with the Program to facilitate payroll deductions in compliance with ORS 178.250, the Board may file a complaint requesting that the Commissioner of the Bureau of Labor and Industries investigate the Employer in accordance with ORS 659A.820. Statutory/Other Authority: ORS 178.200 to 178.255 Statutes/Other Implemented: ORS 659A.820, ORS 178.205(h), ORS 178.245 & ORS 178.250 History: OST 1-2023, adopt filed 02/08/2023, effective 02/15/2023
170-130-0000 Purpose These rules prescribe the procedures to recover Escheat Property held by the Treasurer as provided for by ORS 98.319,112.055, 114.555, 116.193, 116.203, 708A.430, 722.262, 723.466, any form of non-probate administration of an Escheat Property, and property received by the Department of State Lands pursuant to ORS 179.540–179.550 prior to October 4, 1997. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 178.050 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-130-0005 Definitions For the purposes of these rules, unless the context requires otherwise, the capitalized words and phrases used in these rules have the same meaning a provided in ORS 111.005 and: (1) "Agent" means a person, other than a Personal Representative, who may file a Petition to recover Escheat Property on behalf of a Claimant. (2) “Claim” in the context of these rules means the act of asserting a lawful entitlement to Escheat Property. (3) “Claimant” means a Person or Personal Representative of an Estate making a Claim to recover Escheat Property. (4) “Escheat Property" means Property that has been transferred to the state and held by the Treasurer and includes proceeds. (5) “Estate Administrator” mean the Treasury employee appointed by the Treasurer to protect decedents’ assets and administer estates under ORS chapters 111 to 119. (6) "Licensed Finder" means any person who independently searches for and finds Persons that may file a Petition to Claim a right to recover Escheat Property for a fee paid by the Claimant and is licensed by the Department of Public Safety Standards and Training under ORS 703.430. (7) "Issue" includes adopted children and their Descendants and, when used to refer to Persons who take by Intestate succession, includes all lineal Descendants, except those who are the lineal Descendants of living lineal Descendants. (8) "Known heir" means an Heir who has been identified and found. (9) “Person” means individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, and public bodies as defined in ORS 174.109. (10) “Petition” means a written request made by a Claimant or an Agent to determine whether Claimant is lawfully entitled to Escheat Property. (11) "Property" has the same meaning as ORS 111.005(27), and includes the proceeds realized from the sale of Personal Property or Real Property. (12) “Treasurer” means the State Treasurer as established under Article VI, section 4 of the Oregon Constitution or the State Treasurer’s designee. (13) “Treasury” means the Oregon State Treasury, which is the administrative branch of the Office of the State Treasurer. (14) “U.S. Savings Bonds” means Personal Property that meets the following: (a) U.S. savings bonds, series A, B, C, D, E, F, G, H, J, AND K, AND U.S. savings notes, governed by 31 C.F.R. 315; (b) Definitive U.S. savings bonds, series EE and HH, governed by 31 C.F.R 353; and (c) Definitive U.S. savings bonds, series I, governed by 31 C.F.R. 360. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 98.319 & ORS 111.005 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-130-0010 Claimant's Burden of Proof and Responsibility (1) The Claimant must prove by a preponderance of the evidence that the Claimant or Claimant’s Estate is legally entitled to Escheat Property. (2) The Claimant is responsible to produce evidence sufficient to establish a lawful entitlement to Escheat Property. Each document submitted to support a Petition must: (a) Be the original document; (b) Be a copy certified by the custodian of the original record; or (c) Include an appropriate reference to the source of the document for the purpose of verification. (3) The Claimant may voluntarily provide the Claimant’s full or partial (i.e., last four digits) social security number to the Treasurer. The Treasurer will only: (a) Use the social security number to verify the Claimant’s entitlement to Escheat Property; and (b) Release Claimant’s social security number when required by law or court order. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 98.319 & ORS 116.235 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-130-0020 Requirements for Filing a Petition (1) To file a claim to recover US Savings bonds, a Claimant or Agent must file a claim under OAR 170-140-0140. (2) To file a petition to recover Escheat Property under ORS 116.253, a Claimant or Agent must file a petition with the Treasurer within: (a) Ten years after the death of the Decedent; or (b) Eight years after the entry of a judgement or an order escheating the Property to the State. (3) A Petition is filed on the date the Treasurer receives the petition. (4) The Claimant or Agent may file the completed Petition and supporting documents by: (a) Attaching the Petition and supporting documents attached to an email to claims@ost.state.or.us; or (b) Mailing or delivering the Petition and supporting documents to the following address: Oregon’s Unclaimed Property Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 (5) If a Personal Representative signs and files a Petition, a certified copy of the order appointing the Personal Representative must be included with the Petition. (6) If an Agent signs and files a Petition, the Agent must include the original Power of Attorney or other written acknowledgement given by each Claimant authorizing the Agent to file the petition on the Claimant’s behalf. The Claimant’s signature on the Power of Attorney must be notarized. (7) When a Licensed Finder is the Agent described in section (4) of this rule, the Licensed Finder must: (a) Be licensed as an Investigator by the Department of Public Safety Standards and Training under ORS 703.430. (b) Submit a copy of the current license with an initial Petition filed by the Licensed Finder as an Agent. Subsequent Petitions filed by the Licensed Finder must include the current license number on the Power of Attorney. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 98.319 & ORS 116.235 History: OST 3-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-130-0025 Claimant's Recoverable Amount When an administrative or judicial decision that determines the Claimant is entitled to Escheat Property becomes final, the Claimant will receive the Escheat Property’s value minus: (1) The Treasurer’s actual costs and expenses incurred to review a petition, including attorney fees; (2) The Treasurer’s actual costs and expenses incurred to administer an estate, including attorney fees; (3) Any taxes owed on the property; (4) Any charges due the Department of Human Services; (5) Any costs to prepare administrative deeds and assignment of contracts; (6) All interest earned from the Escheat Property or uncashed warrant; and (7) Any other fees, taxes, or charges allowed or required under Oregon laws or rules. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS Chapters 113 and 114, ORS 116.203, ORS 116.253, ORS 708A.430, ORS 708A.655, ORS 722.262, ORS 722.660, ORS 723.466 & ORS 723.844 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-130-0030 Request a Contested Case Hearing (1) A Claimant who disagrees with a decision of the director regarding the entitlement to recover Escheat Property may file a request for a contested case hearing before the Office of Administrative Hearings. (2) A request for a contested case hearing must be filed within 60 days of the date of the Treasurer’s decision. (3) The request for a contested case hearing must: (a) Be in writing; (b) Identify the issues of law or fact being contested; and (c) Provide a summary of the evidence asserted in the petition. (d) The Claimant may file the request for contested case hearing by: (A) Emailing the request to claims@ost.state.or.us; or (B) Mailing or delivering the request to the following address: Oregon’s Unclaimed Property Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 (4) The Treasurer will refer the contested case to the Office of Administrative Hearings as provided under OAR 137-003-0515 and 137-003-0520. The administrative law judge may only issue a Proposed and Final Order. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 183.341, 183.464 & 183.635 (as amended by section 56, chapter 678, Oregon Laws 2019) History: OST 4-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-135-0000 Purpose These rules provide uniform procedures for the administration of estates of Decedents who die Intestate without Known Heirs or with some missing Heirs and of Testate Estates with missing Heirs or missing Devisees in accordance with Oregon Revised Statutes 111 through 119. These rules shall be liberally construed to secure just and speedy determination of the assets, liabilities, net worth, and disposition of Decedents' estates. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 178.050 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-135-0005 Definitions For the purposes of these rules, unless the context requires otherwise, the capitalized words and phrases used in these rules have the same meaning as provided in ORS 111.005 and: (1) “Claiming Successor” has the same meaning as ORS 114.505(2). (2) “Estate Administrator” is an employee of the Treasurer appointed to administer and protect the assets of an estate. (3) “Known Heir” has the same meaning as ORS 113.238(3). (4) “Person” means individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, including Business Entities, and public bodies as defined in ORS 174.109, including Governmental Entities. Examples of a Person includes: (a) Friends and neighbors of the Decedent; (b) Care centers, nursing homes, and hospitals; (c) Banking or financial institutions; (d) Attorneys; (e) Guardians; or (f) Conservators. (5) "Probate" means the court procedure that encompasses all matters and proceedings pertaining to administration of estates as described in ORS 111.085, including but not limited to appointment and qualification of Personal Representatives, determination of heirships, construction of wills, and the administration, settlement and distribution of estates of decedents. As to the estate of a decedent, "settlement" includes, the full process of administration, distribution and closing. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 178.050 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-135-0010 Providing the Treasurer Notice (1) Notice of Matter in Probate . When a Personal Representative is required to provide notice or deliver Property to the Treasurer under ORS 113.045(1) and (2), or 116.203, the Personal Representative must mail or deliver the notice or Property to: Estate Administrator Oregon’s Unclaimed Property Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 (2) Under ORS 116.203, the Personal Presentative must mail or deliver to the Treasurer: (a) A copy of the order of escheat, final distribution order, or small estate affidavit; (b) The Property; (c) The name of the Person entitled to the Property; and (d) The relationship of the Heir or Devisee to the Decedent. (3) Notice of Intestate Decedent with no Heirs . Except as provided in section (4) of this rule, a Person must notify the Estate Administrator for the Treasurer within 48 hours of learning the Decedent died Intestate and did not have Known Heirs. (4) Notice by Funeral Director . A funeral director must notify the Estate Administrator within two work days after receipt of a Decedent’s body when it appears the Decedent died intestate and without Known Heirs. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 111.045, ORS 113.238 & ORS 116.203 History: OST 6-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-135-0015 Duty to Maintain Decedent's Property (1) Except as provided by ORS 708A.430 and 723.466, a Person may not dispose of or diminish any assets of the estate of a Decedent, unless approved by the Treasurer, when the Decedent: (a) Died Intestate; and (b) Did not have a Known Heir. (2) Section (1) of this rule: (a) Applies to a guardian or conservator for the Decedent; and (b) Does not apply to: (A) A Personal Representative appointed under ORS 113.085(3); or (B) An affiant authorized under 114.520 to file an affidavit under 114.515. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 113.328 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-135-0020 Funeral Arrangements (1) A funeral director: (a) May not initiate any Funeral arrangements without prior approval from the Estate Administrator appointed by the Treasurer. The Treasurer retains discretion of what to approve; (b) May complete applications for Social Security, Veterans Administration, or other available death benefits after consulting with the Estate Administrator; and (c) Must itemize Funeral costs associated with each service provided by the funeral director, which includes, but is not limited to: (A) Funeral costs; (B) Cemetery costs; (C) Disposition costs; (D) Burial costs; and (E) Any other service proposed and provided by the funeral director. (2) The types of services for a plain and decent Funeral is determined by considering: (a) Amount of assets available in the estate; (b) The expressed desires of the decedent's friends and associates concerning appropriate Funeral services; (c) The number of persons expected to attend any Funeral services offered; and (d) The prominence of the decedent in the local community. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 113.242 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021