justicedao/ipfs_state_laws huggingface dataset:
101-050-0005 PEBB Retiree Health Plan Eligibility (1) An active employee enrolled in PEBB plans immediately prior to retirement and who meets PEBB retiree plan eligibility may continue participation in PEBB health plans upon retiring. (2) To be eligible a retiring employee must not be eligible for Medicare and be: (a) Receiving a service or disability retirement allowance under the Public Employees Retirement System (PERS) or under any other retirement or disability benefit plan or system offered by the State of Oregon for its officers and employees; (b) Eligible to receive a service retirement allowance under PERS and have reached earliest retirement age under ORS Chapter 238; or; (c) Eligible to receive a service retirement allowance or pension under another retirement benefit plan or system offered by the State of Oregon and has reached earliest retirement age under the plan or system. (3) Retiree plan eligibility for other individuals: A spouse, domestic partner, dependent child, and domestic partner's dependent child who each meet PEBB eligibility, are not Medicare eligible, and received coverage through the employee's active PEBB plans immediately prior to retirement are eligible for retiree plan coverage. When the retiring employee is Medicare eligible and not eligible for PEBB retiree plans, individuals receiving active coverage through the employee immediately prior to the retirement are eligible for retiree plan enrollment. (4) If an individual covered by a PEBB retiree plan becomes Medicare eligible or loses PEBB eligibility while receiving retiree plan coverage, the individual must terminate from the plan. The exception is for Medicare eligibility because of end-stage renal disease. Individuals on the retiree plan who are not Medicare eligible and continue to meet PEBB eligibility may remain on the plan. (5) A former eligible employee who first elects COBRA and later becomes eligible as a retired employee may enroll in PEBB retiree health plans at any time during or immediately following COBRA. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.061 - 302 & 659A.060 - 659A.069 History: PEBB 2-2017, f. & cert. ef. 8-17-17 PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2007, f. 9-28-07, cert. ef. 10-1-07 PEBB 3-2005, f. 8-31-05, cert. ef. 9-1-05 PEBB 3-2004, f. & cert. ef. 10-7-04 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2002, f. 7-30-02, cert. ef. 8-1-02 PEBB 1-2001, f. & cert. ef. 9-6-01 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-050-0010 Retiree Plan Enrollment and Termination (1) An active employee meeting PEBB retiree eligibility may enroll themselves and other eligible individuals in PEBB retiree health plans. (2) Retiree plan coverage must be continuous with active or COBRA PEBB plan enrollments. Employees that retire and receive PEBB plan coverage through another active employee may move to PEBB retiree coverage when the other employee coverage ends. (3) An active employee meeting PEBB retiree eligibility must submit retiree enrollment forms within 30 days of the date the active employee insurance terminates. Enrollments submitted within this 30-day window are retroactive to the date of active coverage termination. (4) A Retiree may elect any PEBB full time or part-time health plan. A Retiree may elect medical only, dental only, or medical and dental insurance coverage. If the retiree does not initially enroll in both medical and dental insurance plans, they may not add the other plan later. (5) PEBB may offer a plan change period for retiree insurance plan participants. The plan change period allows the retiree to change benefit plans. The plan change period does not allow the retiree to add dependents or coverage not already in place. (6) A retired eligible employee electing to continue PEBB health plans under COBRA can transfer to a PEBB retiree health plan at any time during or immediately following COBRA. (7) A retired eligible employee and their eligible individuals must terminate from PEBB retiree plans when they: (a) Fail to self-pay the premiums; or (b) Fail to continue to meet PEBB eligibility; or (c) Become Medicare eligible; or (d) PEBB no longer offers retiree health plan coverage. (8) Retiree plan coverage termination dates due to loss of eligibility: (a) Coverage terminates the last day of the month before the month of Medicare eligibility. Example: Joe becomes Medicare-eligible may 1st because his 65th birthday will be May 15th. Joe’s retiree health coverage will terminate April 30th. (b) Failure to meet PEBB eligibility requirements; e.g., a dependent ages out of coverage, coverage terminates the last day of the month that the eligibility is lost. (8) Division 20 Enrollment Rules apply to retirees in the following situations: (a) Midyear benefit plan changes such as those resulting in the addition of a family member, domestic partner, or domestic partner's dependent child to the retiree's insurance coverage. See OAR 101-020-0050. (b) Removing an ineligible individual from the retiree's insurance coverage. See OAR 101-020-0025. (c) Enrollment or processing errors. See OAR 101-020-0037. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.061 - 243.302 History: PEBB 2-2017, f. & cert. ef. 8-17-17 PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2007, f. 9-28-07, cert. ef. 10-1-07 PEBB 3-2004, f. & cert. ef. 10-7-04 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03 PEBB 1-2002, f. 7-30-02, cert. ef. 8-1-02 PEBB 1-2001, f. & cert. ef. 9-6-01 PEBB 1-2000, f. 11-15-00, cert. ef. 1-1-01 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-050-0015 Retiree Returning to Work for a PEBB Participating Organization in a Benefit Eligible Status (1) A retiree returning to work within a PEBB participating organization in a benefit eligible position is eligible for active employee PEBB benefit plans. Insurance coverage must be continuous between active employee benefit plans and retiree plans. (a) A retiree returning to paid regular status within 12 months will have their previous enrollment for medical, dental, life and disability insurance reinstated the first of the month following their return to work. (b) A retiree returning to paid regular status 12 months after an active insurance coverage end date must enroll as a newly eligible employee. There is no second guarantee issue of long-term care insurance. (c) A retiree either enrolling as a new hire or being reinstated to active employee optional life insurance must cancel retiree life that was ported from PEBB when the employee retired. (2) A retiree enrolled in a PEBB retiree insurance plan may suspend the retiree insurance coverage when enrolled as an active employee in PEBB benefit plans. The employee must notify and request the retiree plan administrator to suspend the retiree coverage. (3) A retiree receiving a state premium subsidy; e.g, early retirement premium subsidy that returns to active employee status as benefit eligible but chooses to continue coverage under a PEBB retiree or COBRA plan is not eligible to opt out and receive cash in lieu of active employee medical benefits. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.061 - 243.302 History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2007, f. 9-28-07, cert. ef. 10-1-07 PEBB 1-2005, f. & cert. ef. 4-14-05 PEBB 3-2004, f. & cert. ef. 10-7-04 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2003, f. & cert. ef. 12-4-03 PEBB 1-2002, f. 7-30-02, cert. ef. 8-1-02 PEBB 1-2001, f. & cert. ef. 9-6-01 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-050-0020 Retiree Survivor Medical and Dental Insurance Coverage (1) An eligible spouse, domestic partner, dependent child, and dependent child of a domestic partner enrolled in PEBB retiree health plans at the time of a retiree's death (or subscriber’s death) may elect to continue the retiree insurance coverage. The individual electing to continue the coverage becomes the subscriber. Subscribers must self-pay the premiums and maintain continuous coverage. It is the responsibility of the subscriber to notify the retiree plan administrator if they do not want continued coverage. (2) The retiree plan coverage terminates for a surviving spouse or domestic partner when they: (a) Remarry or form a domestic partnership; or (b) Fail to make premium payments; or (c) PEBB no longer offers retiree insurance plans. (3) The retiree plan coverage terminates for the surviving dependent children of the retiree, spouse, or domestic partner when they: (a) No longer meet PEBB dependent eligibility requirements (OAR 101-015-0011); or (b) Fail to make premium payments; or (c) PEBB no longer offers retiree insurance plans. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.061-302 & 659A.060 - 659A.069 History: PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10 PEBB 2-2007, f. 9-28-07, cert. ef. 10-1-07 PEBB 3-2004, f. & cert. ef. 10-7-04 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2002, f. 7-30-02, cert. ef. 8-1-02 PEBB 1-2001, f. & cert. ef. 9-6-01 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-060-0005 Definitions The following definitions will apply as used in OAR chapter 101 division 60: (1) “Eligible employee” means a retail sales agent, appointed under ORS 471.705, who is subject to an agency agreement with the Oregon Liquor Control Commission to sell distilled spirits in the Commission’s agency stores. A temporary liquor agent is not considered an eligible employee for PEBB administrative purposes. (2) “Newly eligible employee” means an agent who has signed a contract with an effective date of July 1, 1985 or later. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.061 - 243.302 History: PEBB 2-2007, f. 9-28-07, cert. ef. 10-1-07 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-060-0010 Eligibility for Medical and Dental Insurance Coverage (1) A newly eligible employee may enroll in medical and dental insurance coverage within 30 days of their contract effective date. Insurance coverage will be effective on the first day of the month following: (a) The signing of the standard OLCC contract; (b) The receipt of the completed applicable forms for enrollment in PEBB medical and dental insurance coverage; and (c) The authorization of a monthly premium payment deduction from the contracted amount. (2) An eligible employee not enrolling in PEBB medical and dental insurance plans during the initial 30 days following their contract effective date may apply during an open enrollment period. Enrollment of a family member, domestic partner and domestic partner's dependent child during a subsequent open enrollment period will be subject to benefit plan limitations for late enrollment of an eligible individual. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.061 - 243.302 History: PEBB 2-2017, f. & cert. ef. 8-17-17 PEBB 2-2007, f. 9-28-07, cert. ef. 10-1-07 PEBB 3-2004, f. & cert. ef. 10-7-04 PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-2001, f. & cert. ef. 9-6-01 PEBB 1-2000, f. 11-15-00, cert. ef. 1-1-01 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-060-0015 Insurance Provision PEBB may establish insurance rates consistent with the active employees’ group expected actuarial experience including administrative costs. Statutory/Other Authority: ORS 243.061 - 243.302 Statutes/Other Implemented: ORS 243.061 - 243.302 History: PEBB 1-2004, f. & cert. ef. 7-2-04 PEBB 1-1999, f. 12-8-99, cert. ef. 1-1-00
101-070-0001 Definitions “Local Government” means any city, county, or special district or any intergovernmental entity created under ORS chapter 190 in the State of Oregon. Statutory/Other Authority: ORS 243.061-243.302 Statutes/Other Implemented: ORS 243.125(1), ORS 243.129 History: PEBB 5-2020, amend filed 09/28/2020, effective 09/29/2020 PEBB 1-2014, f. & cert. ef. 5-1-14 PEBB 3-2013(Temp), f. & cert. ef. 12-17-13 thru 6-15-14
101-080-0020 Exempt Hospitals (1) As specified in ORS 243.256, these payment limits do not apply to reimbursements paid by a carrier or third-party administrator to: (a) Type A or type B hospitals (defined in ORS 442.470); (b) Rural critical access hospitals (defined in ORS 315.613); or (c) Hospitals that are located in a county with a population of less than 70,000 on August 15, 2017, classified as a sole community hospital by the Centers for Medicare and Medicaid Services, and have Medicare payments composing at least 40 percent of the hospital’s total annual patient revenue. (2)(a) Total annual patient revenue for a hospital will be calculated using the Allowed Amount for all inpatient and outpatient claim records in the state’s All Payer All Claims (APAC) database for that hospital in a calendar year, and (b) Total Medicare payments to a hospital will be calculated using the Allowed Amount for all inpatient and outpatient claim records paid by Medicare in the APAC for that hospital in a calendar year. (3) PEBB will review the calculation under section (2) of this rule at least every three years using the most recent available data in APAC. Statutory/Other Authority: ORS 243.061 to ORS 243.302 & ORS 243.125(1) Statutes/Other Implemented: ORS 243.256 History: PEBB 8-2020, amend filed 12/22/2020, effective 12/22/2020 PEBB 4-2019, adopt filed 10/21/2019, effective 10/22/2019
104-001-0000 Notice of Proposed Adoption, Amendment, or Repeal of Rules Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5), the Oregon Department of Emergency Management shall give notice of the intended action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 15 days before the effective date of the intended action; (2) By mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335(7); and (3) By mailing or furnishing a copy of the notice to: (a) The United Press International; (b) The Associated Press; (c) For rules pertaining to 9-1-1 emergency telephone systems: The Oregon 9-1-1 Advisory Committee, the Oregon Chapter of the Associated Public Safety Communications Officers Incorporated, and the Oregon Chapter of the National Emergency Number Association; (d) For rules pertaining to the Oregon Emergency Response System: the Oregon Emergency Response System Council; (e) For rules pertaining to Search and Rescue: The Oregon Search and Rescue Advisory Council, the Mt. Hood Search and Rescue Council, the Oregon Association of Mounted Posse’s, and the Oregon Mountain Rescue Council; (f) For all Division rules: The Oregon Emergency Management Advisory Committee; and (g) Capitol Press Room. Statutory/Other Authority: ORS 183.341(4) & 401 Statutes/Other Implemented: ORS 183.341(4) History: OEM 1-2023, minor correction filed 04/07/2023, effective 04/07/2023 EMD 4-1992, f. & cert. ef 12-14-92 EMD 1-1982, f. & ef. 3-12-82
104-001-0005 Model Rules of Procedure The Oregon Department of Emergency Management adopts by reference the Attorney General’s Model Rules of Procedure for the adoption of rules and conduct of proceedings, effective July 31, 2014. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedures is available from the office of the Attorney General or Emergency Management] Statutory/Other Authority: ORS 183 & 184 Statutes/Other Implemented: ORS 183.341(1) History: OEM 2-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 2-2015, f. & cert. ef. 9-4-15 ED 1-1982, f. & ef. 1-11-82
104-001-0010 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Oregon Department of Emergency Management adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018. Statutory/Other Authority: ORS 36.224 & 401.092 Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232 History: OEM 32-2023, adopt filed 09/20/2023, effective 09/20/2023
104-020-0000 Purpose The purpose of the rule is to provide guidance for all private, state, local government agencies and non-governmental employers with 250 or more full-time employees to conduct mandatory annual earthquake drills for employees located within office buildings. Statutory/Other Authority: Ch. 366 & OL 2001 Statutes/Other Implemented: Ch. 366 & OL 2001 History: OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14 OEM 1-2002, f. & cert. ef. 4-15-02
104-020-0010 Definitions (1) "State and local agency” means a state or local government office, department, division, bureau, board, or commission that is assigned, renting, leasing, owning or controlling office space for carrying out its duties either in one or multiple locations. 'State or local agency' includes the legislative assembly (i.e. legislators) when in regular session. (2) "Employers with 250 or more full-time employees" mean employers with 250 or more full time employees in Oregon, who are not state and local agencies. (3) “Office Building” means a building whose primary function is office work. It does not include those non-office buildings whose primary function is manufacturing, assembly, warehouse, laboratory, maintenance, or other non-office situations. Employers are encouraged to hold drills in non-office environments. (4) “Earthquake drill”, as outlined in guidelines established by The Oregon Department of Emergency Management. Statutory/Other Authority: Ch. 366 & OL 2001 Statutes/Other Implemented: Ch. 366 & OL 2001 History: OEM 4-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14 OEM 1-2002, f. & cert. ef. 4-15-02
104-020-0020 Drill Requirements Those required to conduct the drill are certain office employees of state and local agencies and certain office employees of other employers who have 250 or more full-time employees. (1) State and local agencies (a) State and local agencies fall under the drill requirement regardless of the type (full and part time) and number of employees and number of works sites. (b) All office employees are required to drill, except where there is a mix of office and non-office employees at a work site. If the office employees at a mixed work site are in the majority they are required to drill. If not, they are not required to drill. If an agency has more than one work site, each work site is evaluated separately according to this majority rule. A work site is defined as a site that has one street address, which may contain one or more buildings. (2) Private and non-governmental employers with 250 or more full time employees (a) Employers with 250 or more full time employees fall under the drill requirement regardless of the number of work sites. The 250 or more full-time employees include all full time employees. (b) All office employees (including both full and part time) are required to drill, except where there is a mix of office and non-office employees at a work site. If the office employees at the mixed work site are in the majority they are required to drill. If not, they are not required to drill. If an employer has more than one work site, each work site is evaluated separately according to this majority rule. A work site is defined as a site that has one street address, which may contain one or more buildings. Statutory/Other Authority: Ch. 366 & OL 2001 Statutes/Other Implemented: Ch. 366 & OL 2001 History: OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14 OEM 1-2002, f. & cert. ef. 4-15-02
104-020-0030 Drill Guidelines (1) The earthquake drill shall be the drop, cover and hold on, or if not possible, other protective action. Written information on pre-designated evacuation routes and procedures for exiting the building shall be made available to employees. (2) The employer, state, or local agency may drill earthquake response procedures in addition to “drop, cover, and hold on” when it is determined on scientific evaluation of specific engineering and structural issues related to a building and with the consultation of state and local emergency management, that “drop, cover, and hold on” may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life. (3) Entities are encouraged to participate in the annual state-wide “drop, cover, and hold on” earthquake drill. (4) Guidelines for the drill and evacuation procedures are posted on the web sites of The Oregon Department of Emergency Management (ODEM) and the Oregon Department of Geology and Mineral Industries (DOGAMI). Statutory/Other Authority: Ch. 366 & OL 2001 Statutes/Other Implemented: Ch. 366 & OL 2001 History: OEM 5-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14 OEM 1-2002, f. & cert. ef. 4-15-02
104-020-0040 Drill Records (1) Each state and local agency and employer with 250 or more full-time employees shall maintain a file that documents the date the earthquake drill was conducted. The file can be either maintained at one central location, for those agencies or employers that have multiple locations, or maintained at each location. If maintained at a central location, the record shall be kept in the office of the agency or company head. If maintained at each agency location, then the record shall be kept in the office of the manager at that site. (2) For those agencies, companies and organizations that fit the drill criteria, drill waivers may be granted each year in exceptional circumstances and for good cause. Petitions must be submitted by the executive head of the state agency, local agency, company, or organization requesting the waiver to the Earthquake Program Coordinator, The Oregon Department of Emergency Management, P. O. Box 14370, Salem, OR 97309-5062. Statutory/Other Authority: Ch. 366 & OL 2001 Statutes/Other Implemented: Ch. 366 & OL 2001 History: OEM 6-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14 OEM 1-2002, f. & cert. ef. 4-15-02
104-030-0000 Purpose (1) The rules in this division seek to establish a Uniform Tsunami Warning Siren Signal for the Oregon coast (Oregon Senate Bill 557, Section 2). (2) The objective of the tsunami statutes and these implementing rules is to reduce the risk of loss of life. Risk will be reduced by applying a uniform siren signal to inform the public of an approaching tsunami on the Oregon coast. (3) Establish a Uniform Tsunami Warning Siren Signal standard. (4) Require tsunami warning sirens to adhere to this standard. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10
104-030-0010 Applicability (1) This rule applies to all Tsunami Warning sirens, including existing Tsunami Warning sirens. (2) Existing Tsunami Warning sirens must comply within 5 years of the effective date of these rules. (3) The siren signal is the “wail,” a siren tone that oscillates up and down repeatedly from high to low over a period of three minutes. (4) Voice broadcast may be included in addition to the wail, but not in replacement of the wail. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10
104-030-0020 Definitions (1) “Tsunami Warning Siren signal” is the wail, a siren tone that oscillates up and down repeatedly from high to low over a period of three minutes. (2) "Tsunami inundation zone" for the purpose of these rules means the area subject to tsunami inundation as depicted on maps adopted under OAR 632-005-0030 of these rules and intended for the implementation of ORS 455.446 and 455.447. (3) A “Tsunami Warning Siren” is a siren or other audible warning device for the purpose of providing warning to the public within the Tsunami Inundation Zone of an approaching tsunami. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10
104-030-0030 Guidance on Tone, Signal, and Placement A rotating siren using a solid tone that produces the same effect as a fixed siren using a “wail” when observed from a stationary location and meets the intent of these rules. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10