reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0002 - Confidentiality and Inadmissibility of Mediation Communication

Current through Register Vol. 63, No. 7, July 1, 2024
The policies and procedures of the Oregon State Treasurer set
				forth in OAR 170 in regard to confidentiality and inadmissibility of mediation
				communication, to the extent not inconsistent with the Act or the Code, are
				adopted as the policies and procedures of the Board.
Stat. Authority: ORS
				  36.224,
				  183.335,
				  183.341,
				  183.502
Stats. Implemented: ORS
				  36.224,
				  36.228,
				  36.230,
				  36.232
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0005 - Inspection, Certification or Copying Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
The policies and procedures of the Oregon State Treasurer set
				forth in OAR 170, Division 2 in regard to inspection, certification or copying
				of public records, to the extent not inconsistent with the Act or ORS Chapter
				178, are adopted as the policies and procedures of the Board.
Stat. Auth.: 178.050
Stats. Implemented: ORS Ch 183,
				  192.410-192.505
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0011 - Executive Director

Current through Register Vol. 63, No. 7, July 1, 2024
The Executive Director is responsible for the day-to-day
				operations of the Program and for carrying out such duties and responsibilities
				as assigned by the Board.
Statutory/Other Authority: ORS
				  178.200 to
				  178.245
Statutes/Other Implemented: ORS
				  178.200 to
				  178.245
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0020 - Employer Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 authorized representative of an Employer may file a Certificate of Exemption
			 with the Program by certifying, through the Program Administrator's internet
			 portal or other means of data transmittal specified and validated by the
			 Program Administrator, that the Employer offers a Qualified Plan to some or all
			 of its Employees.
(2) A Certificate
			 of Exemption is valid so long as the Employer continues to offer a Qualified
			 Plan to some or all of its Employees. If the Employer ceases to offer a
			 Qualified Plan to some or all of its Employees, it is required to notify the
			 Program Administrator and register with the Program on or before the
			 Registration Date, as listed in this OAR 170-080-0015.
(3) The Program Administrator shall, from
			 time to time, compare Form 5500 (Annual Return/Report of Employee Benefit Plan)
			 filings with the database of Employers and Exempt Employers.
(a) For an Employer identified as offering a
			 Qualified Plan to some or all of its Employees, or an Exempt Employer
			 identified as continuing to offer a Qualified Plan to some or all of its
			 Employees, the Program Administrator may send written notice of presumed
			 exemption from the Program.
(b) If
			 the Program Administrator determines that the Employer or Exempt Employer no
			 longer offers a Qualified Plan to some or all of its Employees, or is not
			 identified as having a current Form 5500 on file with the U.S. Department of
			 Labor, the Program Administrator may send written notice directing the Employer
			 or Exempt Employer to either file a Certificate of Exemption or register with
			 the Program.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0025 - Responsibilities in Joint or Co-employment Circumstances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) With respect to any Employee or
			 Participating Employee in a joint or co-employment relationship, except as
			 provided in subsection 2, the terms "Employer" and "Facilitating Employer"
			 shall mean the Employer of Record.
(2) With respect to any Employee or
			 Participating Employee provided by a Worker Leasing Company, who is not
			 provided on a temporary basis, as described in OAR 436-050-0420, the term
			 "Employer" and "Facilitating Employer" shall mean the Client
			 Employer.
(3) Notwithstanding the
			 foregoing, with respect to any Employee or Participating Employee of a Worker
			 Leasing Company who is not a Leased Worker as defined in OAR 436-050-0005, the
			 terms "Employer" and "Facilitating Employer" shall mean the Worker Leasing
			 Company.
(4) Nothing in this rule
			 shall prohibit a Worker Leasing Company and a Client Employer from entering
			 into an agreement under which the Worker Leasing Company may assist the Client
			 Employer in the performance of some or all of the Client Employer's
			 responsibilities under these rules.
Statutory/Other Authority: ORS
				  178.200  to
				  178.245
Statutes/Other Implemented: ORS
				  178.200  to
				  178.245
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0030 - Standard and Alternate Elections for Contributions; Automatic Increases; Ceasing Contributions; Requesting Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Standard Elections
(a) An Employee who has not provided notice
			 as specified in this section shall participate using the following Standard
			 Elections:
(A) Contribution to the Program at
			 an initial rate of 5% of Compensation;
(B) Auto-escalation at the rate of an
			 additional 1% of Compensation each year until a maximum of 10% is
			 reached;
(C) Investments:
(i) The first $1,000 in contributions to be
			 invested in a capital preservation investment as selected by the
			 Board;
(ii) All subsequent
			 contributions to be invested in a Target Date Fund; and
(D) The Program account will be a Roth IRA
			 and contributions will occur on a post-tax basis.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0035 - Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Beginning 30
			 days following the Enrollment Date, and in accordance with a Participating
			 Employee's election under OAR 170-080-0030, the Facilitating Employer shall, on
			 each Payroll Date, transfer from the Participating Employee's Compensation for
			 contribution to the Participating Employee's IRA:
(a) 5% of Compensation; or
(b) The Participating Employee's elected
			 contribution rate, if different from the Standard Elections; or
(c) The auto-escalated percentage of
			 Compensation for that Participating Employee.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0036 - Non-Payroll Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 Participating Employee or Participating Individual may choose to make
			 Non-Payroll Contributions to the Program.
(2) Such contributions must not exceed, in
			 combination with Payroll Deduction Contributions, the annual IRA contribution
			 limit as determined by the Code and related rules promulgated by the IRS, and
			 must be delivered to the OregonSaves IRA trustee in accordance with procedures
			 determined by the Board and approved by the Program Administrator.
(3) The Program Administrator will establish
			 the minimum contribution.
(4)
			 Non-Payroll Contributions may be made electronically or by personal
			 check.
Statutory/Other Authority: ORS
				  178.200  to
				  178.245
Statutes/Other Implemented: ORS
				  178.200  to
				  178.245
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0040 - Distributions and Distribution Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Participating Employee, Participating
			 Individual, or Beneficiary may request a Distribution of all or a portion of
			 funds from a Program Roth or Traditional IRA at any time by submitting a
			 completed distribution request to the Program Administrator, in a form or
			 format established by the Program and permitted by the IRS.
(2) A Program IRA Distribution shall be
			 subject to any applicable state and federal income tax obligations and may be
			 subject to penalties under the Code.
Statutory/Other Authority: ORS
				  178.215(7)
Statutes/Other Implemented: ORS
				  178.200-178.245
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0045 - Program Administration Fees and Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will charge each IRA a Program
			 administrative fee that may consist of an asset-based fee, an annual fee, or
			 transaction fees.
(2) The Board
			 will from time to time review, adjust, and notify Participating Employees and
			 Participating Individuals of changes to Program Administration fees.
Statutory/Other Authority: ORS
				  178.205  & ORS
				  178.225
Statutes/Other Implemented: ORS
				  178.200  to
				  178.245
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0050 - Employer Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Facilitating Employer is not a fiduciary to this program. Facilitating
			 Employers shall:
(a) Collect contributions and
			 remit those amounts promptly to the Program Administrator or its
			 designee;
(b) Provide information
			 to the Program Administrator, as described in OARs 170-080-0015, 170-080-0020,
			 and 170-080-0030;
(c) Retain the
			 notice of any Employee elections or election changes pursuant to any action
			 defined in OAR 170-080-0030  for a period not less than three (3) years from the
			 date of the notice. Facilitating Employers may choose to comply with this
			 requirement by allowing the Program Administrator to maintain such
			 documentation on their behalf, either electronically, or in any other medium
			 allowable under applicable law;
(d)
			 Record the Participating Employee's elections and election changes in its
			 payroll system in a manner that enables the Facilitating Employer to make
			 accurate deductions from the Participating Employee's paycheck;
(e) Make clear that the Facilitating
			 Employer's involvement in the Program is limited to collecting contributions
			 and remitting them to the Program Administrator or its designee, and that the
			 Facilitating Employer does not provide any additional benefit or promise any
			 particular investment return on Employee savings; and
(f) Remain neutral about the
			 Program.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0055 - Distribution of Materials to Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the Facilitating Employer submits
			 the Employee information in accordance with OAR 170-080-0015(2)(a), the Program
			 Administrator will distribute informational materials directly to Employees.
			 The Program Administrator will provide a Facilitating Employer a set of
			 informational materials about the Program upon completion of the Facilitating
			 Employer's registration in the online portal. The Program Administrator will
			 provide the materials to the Facilitating Employer by supplying the internet
			 address where such materials may be accessed or, upon request of the
			 Facilitating Employer, will provide the materials in hard copy form.
(2) Upon request of the Employee, the
			 Facilitating Employer will provide the Employee a set of hard copy materials or
			 supply the internet address where such materials may be accessed. The
			 Facilitating Employer will provide the materials in the manner requested by the
			 Employee.
(3) The informational
			 materials will include the following information:
(a) The benefits and risks associated with
			 making contributions to a Program IRA;
(b) Instructions describing how to make
			 contributions to the Program, including the Standard Elections applicable if
			 the Participating Employee does not make other elections;
(c) A description of the other elections
			 available under the Program, including how to opt out of the Program;
(d) Investment alternatives available under
			 the Program and instructions describing how to make or change an investment
			 election;
(e) The process for
			 requesting a Distribution of retirement savings from the Program;
(f) How to obtain additional information
			 about the Program, including the fees associated with the Program;
(g) That the Facilitating Employer does not
			 endorse or recommend the Program;
(h) That Employees and Participating
			 Employees seeking financial advice should contact financial advisers, that
			 Facilitating Employers are not in a position to provide financial advice, and
			 that Facilitating Employers are not liable for decisions Employees and
			 Participating Employees make regarding the Program;
(i) That the Program is not an
			 employer-sponsored retirement plan;
(j) That Employee participation in the
			 Program is completely voluntary;
(k) That information on IRAs outside of the
			 Program is available from other sources;
(l) That neither the value of a Program IRA,
			 nor the rate of return are guaranteed by the state, the Facilitating Employer,
			 or anyone else;
(m) That by
			 Standard Election, contributions under the Program are made to a Roth IRA, and
			 that a Roth IRA may not be appropriate for all individuals; and
(n) That the Program has a Traditional IRA
			 option and summarizing the tax implications, withdrawal penalties, conversion
			 details, and enrollment process for a Traditional IRA.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0056 - Individual Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0057 - Rollovers and Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0058 - Termination of Facilitating Employer Status through Program Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0060 - Technical Assistance to Employers

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  178.200 to
				  178.245
Stats. Implemented: ORS
				  178.200-178.245
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0061 - Account Closure

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0062 - Abandoned Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0065 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 80 - OREGON RETIREMENT SAVINGS PROGRAM › Section 170-080-0066 - Board Authority

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 130 - PROCEDURE TO RECOVER ESCHEAT PROPERTY › Section 170-130-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 130 - PROCEDURE TO RECOVER ESCHEAT PROPERTY › Section 170-130-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 130 - PROCEDURE TO RECOVER ESCHEAT PROPERTY › Section 170-130-0010 - Claimant's Burden of Proof and Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 130 - PROCEDURE TO RECOVER ESCHEAT PROPERTY › Section 170-130-0015 - Petition to Recover Escheat Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To recover escheat property, the Claimant
			 must file a:
(a) Claim for US Savings Bonds
			 under OAR 170-140-0140; or
(b)
			 Petition as required under this rule.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 130 - PROCEDURE TO RECOVER ESCHEAT PROPERTY › Section 170-130-0020 - Requirements for Filing a Petition

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 130 - PROCEDURE TO RECOVER ESCHEAT PROPERTY › Section 170-130-0025 - Claimant's Recoverable Amount

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 130 - PROCEDURE TO RECOVER ESCHEAT PROPERTY › Section 170-130-0030 - Request a Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0010 - Providing the Treasurer Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0015 - Duty to Maintain Decedent's Property

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0020 - Funeral Arrangements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0025 - Replacing the Estate Administrator as Personal Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Person
			 claiming to be an Heir of a Decedent whose Property is under the administration
			 of the Treasurer must submit to the Estate Administrator acceptable proof to
			 substantiate kinship to the Decedent.
(2) Acceptable proof under section (1) of
			 this rule includes, but is not limited to:
(a) Certified copies of death and birth
			 certificates;
(b) Genealogical
			 search records;
(c)
			 Obituaries;
(d) Funeral notices;
(e) Baptism records, and
(f) Family Bibles.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0030 - Disclaiming an Interest in Estate or Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a Person disclaims all or a partial
			 interest in an estate under the Uniform Disclaimer of Property Interests Act
			 (ORS
			 105.623 to
			 105.649)
			 and the Treasurer is the Personal Representative or is otherwise administering
			 the estate, the Person must deliver a disclaimer to the Treasurer.
(2) When a Person is an Heir that was
			 previous unknown disclaims all or a partial interest in an estate under the
			 Uniform Disclaimer of Property Interests Act (ORS
			 105.623 to
			 105.649),
			 the Person must deliver a disclaimer to the Treasurer.
(3) To be effective, a disclaimer must:
(a) Be in writing or otherwise recorded by
			 inscription on a tangible medium or by storage in an electronic or other medium
			 in a manner that allows the disclaimer to be retrieved in perceivable
			 form;
(b) Declare that the Person
			 disclaims the interest in the Property or in the power of the
			 Property;
(c) Describe the interest
			 in Property or power over the Property that is disclaimed;
(d) Be signed by the Person making the
			 disclaimer; and
(e) Be:
(A) Emailed to
			 estates.escheat@ost.state.or.us; or
(B) Mailed or delivered to:
Estate Administrator
Oregon Estates Administration Program
Oregon State Treasury
867 Hawthorne Ave SE
Salem, OR 97301-5241
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0035 - Requirements for Small Estates

Current through Register Vol. 63, No. 7, July 1, 2024
A creditor of an intestate estate without heirs who is a
				Claiming Successor must first request written authorization from the Treasurer
				before filing a small estate affidavit. The request must be:
(1) Emailed to
			 estates.escheat@ost.state.or.us; or
(2) Mailed or delivered to:
Estate Administrator
Oregon Estate Administration Program
Oregon State Treasury
867 Hawthorne Ave SE
Salem, OR 97301-5241
Statutory/Other Authority: ORS
				  178.050
Statutes/Other Implemented: ORS
				  114.520
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 135 - ADMINISTRATION OF ESTATES › Section 170-135-0040 - Request for Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any Person aggrieved by a decision of the
			 Treasurer under these rules that is not a matter subject to Probate or Small
			 Estate Affidavit, the Person may request a contested case hearing.
(2) The request must:
(a) Be filed within 60 days of the date of
			 the Treasurer's decision;
(b) Be in
			 writing;
(c) Identify the issues of
			 law or fact being contested; and
(d) Provide a summary of the evidence
			 asserted in the petition.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish:
(1) Fees required or allowed under ORS
			 chapter 98; and
(2) Requirements
			 and procedures for making a Claim to recover Property.
Statutory/Other Authority: ORS
				  98.422  & ORS
				  178.050
Statutes/Other Implemented: ORS
				  98.422  & ORS
				  178.050
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0001 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules to
			 recover Unclaimed Property under OAR 170-140-0100  through 170-140-0140  (the
			 "Rules for Recovery of Unclaimed Property") apply to Claims made under the
			 Treasurer's statutory authority or by agreement with the Treasurer and another
			 Entity.
(2) The Treasurer may waive
			 procedural requirements when justice so requires.
Statutory/Other Authority: ORS
				  98.422  & ORS
				  178.050
Statutes/Other Implemented: ORS
				  98.422  & ORS
				  178.050
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules, unless the context requires
				otherwise, the capitalized words and phrases used in these rules have the
				following meanings:
(1) "Agent" means
			 a Person who files a Claim on behalf of, and not in the stead of, a Claimant to
			 recovery Property. "Agent" includes, but is not limited to:
(a) A guardian;
(b) A conservator;
(c) An employee of an Entity; or
(d) A contracted vendor.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0010 - Maximum Percentage of Costs

Current through Register Vol. 63, No. 7, July 1, 2024
When the total value of Property of a verified Claim is $100.00
				or more, the Treasurer may deduct a maximum of ten percent of the total value
				for the cost of locating the Owners under ORS
				98.356(4).
Statutory/Other Authority: ORS
				  98.422  & ORS
				  178.050
Statutes/Other Implemented: ORS
				  98.356
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0015 - Proof of Safe Deposit Fee Payment or Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless waived, a Claimant must pay
			 outstanding rental fees owed to a financial institution when the contents of a
			 safe deposit box were delivered the Treasurer as abandoned or Unclaimed
			 Property before the Treasurer will release the contents or proceeds from the
			 contents to the Claimant.
(2) When
			 the contents of a safe deposit box were delivered to the Treasurer within the
			 five years preceding the Claim, the Claimant must provide proof that the fees
			 under section (1) were paid or waived. Proof may include, but is not limited
			 to:
(a) Safe deposit box rental
			 receipt;
(b) A waiver of the rental
			 fee issued by the financial institution; or
(c) If the proof required under subsection
			 (a) or (b) of this rule is not available, the Claimant may submit testimonial
			 evidence, including an affidavit.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0020 - Finder's List of Unclaimed and Escheat Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any Person may
			 request a Finder's List of Unclaimed and Escheat Property.
(2) To complete the request, the Person must:
(a) Submit the request electronically through
			 the Treasurer's Electronic Payment Gateway.
(b) Email the completed Finder's List Order
			 Form to claims@ost.state.or.us; or
(c) Mail or deliver the completed the
			 Finder's List Order Form to the following address:
Oregon's Unclaimed Property Program
Oregon State Treasury
867 Hawthorne Ave SE
Salem, OR 97301-5241
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0020 - Finder's List of Unclaimed and Escheat Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any Person may request a Finder's List of
			 Unclaimed and Escheat Property.
(2)
			 To complete the request, the Person must:
(a)
			 Submit the request electronically through the Treasurer's Electronic Payment
			 Gateway.
(b) Email the completed
			 Finder's List Order Form to claims@ost.state.or.us; or
(c) Mail or deliver the completed the
			 Finder's List Order Form to the following address:
Oregon's Unclaimed Property Program
Oregon State Treasury
867 Hawthorne Ave SE
Salem, OR 97301-5241
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0100 - Information Required on Property Claim Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be complete, the Property Claim Form
			 must include the Claimant's:
(a) Name:
(A) If the Claimant is an individual, the
			 Claimant's first and last names; or
(B) If the Claimant is an Entity, the
			 Entity's legal name.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0105 - Required Attachments to Property to Property Claim Form

Current through Register Vol. 63, No. 7, July 1, 2024
The Claimant must provide all the documents or other records
				required under this rule as attachments to the Property Claim Form or uploaded
				through the online Unclaimed Property Portal.
(1)
Original Owner
. If the
			 Claimant is the original Owner, the Claimant must provide:
(a) The Claimant's current photo
			 identification or other evidence to prove the identity of the Claimant (e.g.,
			 Driver's license);
(b) Proof of
			 current mailing address; and
(c)
			 Sufficient evidence to establish the Owner's legal entitlement to Property.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0110 - Required Attachments when Claim Filed on Behalf of a Claimant

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements under OAR 170-040-0105, an
				Agent or Employee filing a Claim on behalf of a Claimant must provide all the
				documents or other records required under this rule.
(1)
Generally
. An Agent must
			 provide an original Power of Attorney or other written notarized statement
			 provided by each Claimant authorizing the Agent to file a Claim on behalf of
			 the Claimant.
(2)
Licensed
			 Finder
. The Licensed Finder must provide the following documents with
			 the Property Claim Form:
(a) An original
			 Power of Attorney or other written notarized statement provided by each
			 Claimant authorizing the Licensed Finder to file a Claim on behalf of the
			 Claimant;
(b) A copy of the
			 Licensed Finder's Investigator license issued by the Oregon Department of
			 Public Safety, Standards and Training under ORS
			 703.430;
			 and
(c) An affidavit signed by each
			 Claimant for the specified types of Property as determined by the
			 Treasurer.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0115 - Evidence Supporting a Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. The
			 Claimant may submit documents or records to establish a legal entitlement to
			 Property. Documents or other records establishing entitlement include, but are
			 not limited to:
(a) Copies of documents
			 showing addresses, including but not limited to utility bills, tax records, or
			 original correspondence addressed to the Owner at the address reported to the
			 Director;
(b) Passbooks, statements
			 of accounts, canceled checks, deposit slips;
(c) Copy of, or original stock certificate in
			 the Owner's name, copy of prior dividend payment or statement, stock
			 transmittal receipt, brokerage firm statement;
(d) Original insurance policies, premium or
			 dividend statements;
(e) Original
			 deposit slips or receipts;
(f)
			 Original certified or photocopies of court documents;
(g) Newspaper articles including marriage
			 announcements, birth or obituary notices;
(h) Family or church records, baptismal
			 certificates, or personal correspondence;
(i) Public or business records;
(j) Signature verification cards from
			 financial institutions;
(k)
			 Testimonial evidence, including properly notarized affidavits; or
(l) Any other forms of evidence sufficient to
			 meet the burden of proof under the circumstances.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0115 - Evidence Supporting a Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally.
			 The Claimant may submit documents or records to establish a legal entitlement
			 to Property. Documents or other records establishing entitlement include, but
			 are not limited to:
(a) Copies of documents
			 showing addresses, including but not limited to utility bills, tax records, or
			 original correspondence addressed to the Owner at the address reported to the
			 Director;
(b) Passbooks, statements
			 of accounts, canceled checks, deposit slips;
(c) Copy of, or original stock certificate in
			 the Owner's name, copy of prior dividend payment or statement, stock
			 transmittal receipt, brokerage firm statement;
(d) Original insurance policies, premium or
			 dividend statements;
(e) Original
			 deposit slips or receipts;
(f)
			 Original certified or photocopies of court documents;
(g) Newspaper articles including marriage
			 announcements, birth or obituary notices;
(h) Family or church records, baptismal
			 certificates, or personal correspondence;
(i) Public or business records;
(j) Signature verification cards from
			 financial institutions;
(k)
			 Testimonial evidence, including properly notarized affidavits; or
(l) Any other forms of evidence sufficient to
			 meet the burden of proof under the circumstances.
Oregon Administrative Rules › Chapter 170 - OREGON STATE TREASURY › Division 140 - UNCLAIMED PROPERTY CLAIMS › Section 170-140-0120 - Filing a Property Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Person may submit a Claim for Property at any time after the Person learns that
			 the Property has been reported to the Treasurer by submitting a completed
			 Property Claim Form and required attachments.
(2) The Person filing the Claim must file
			 under subsection (a) or subsection (b) of this section:
(a) Complete and submit the online Property
			 Claim Form through the Treasurer's website:
https://unclaimed.oregon.gov/;
and
(A) When an original document is not
			 required, the Claimant may provide the document through the Treasurer's
			 website:
https://unclaimed.oregon.gov/app/claim-doc-upload;
(B) When an original document is not required
			 and the Claimant does not upload the document through the website, the document
			 must be mailed or delivered under subsection (2)(b); or
(C) When an original document is required,
			 the Claimant must include the assigned Claim number to each document and mail
			 or deliver the document to the Treasurer.