reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1450 - Benefits: Benefit Payment Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Paid Family and Medical Leave Insurance
			 (PFMLI) benefits shall be paid by such method as the director may
			 approve.
(2) The department's
			 primary payment method to any claimant approved to receive PFMLI benefits shall
			 be through direct deposit into a checking or savings account in a financial
			 institution in the United States as an electronic funds transfer. "Electronic
			 funds transfer" has the same meaning as provided in ORS
			 293.525.
(3) Claimants who do not select direct
			 deposit will be paid by a stored value card, including but not limited to,
			 ReliaCard Visa.
(4) If the
			 department determines that it is not feasible to issue payment to a claimant
			 through direct deposit or a stored value card, then the department may issue a
			 check to the claimant.
Statutory/Other Authority: ORS
				  293.525 & 657B.340
Statutes/Other Implemented: ORS
				  293.525 &
				  657B.050
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1460 - Benefits: Lost, Stolen, Destroyed, or Forged Benefit Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a benefit
			 check has been lost, stolen, destroyed, or forged and for purposes of this
			 rule:
(a) A benefit check is "lost" if the
			 claimant never received an issued check, and the check's whereabouts is
			 unknown, or it was received but was not cashed and now cannot be
			 found.
(b) A benefit check is
			 "stolen" if the check was taken or cashed by another without the authorization
			 of the payee, whether or not the other person's identity is known.
(c) A benefit check is "destroyed" if an
			 issued check has not been cashed and has been rendered nonnegotiable.
(d) "Forgery" of a benefit check has the same
			 meaning as provided in ORS
			 165.007 and further defined in
			 165.002.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1465 - Benefits: Payment Due to a Deceased Individual and Abandoned Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event of
			 the death of an individual to whom Paid Family and Medical Leave Insurance
			 (PFMLI) benefit payments totaling $10,000 or less are owed and where the
			 decedent's estate is not subject to probate, the department shall pay the
			 benefits to an individual lawfully eligible to receive the payment per ORS
			 293.490 who must submit an
			 acceptable affidavit to the department.
(2) The affidavit submitted under section (1)
			 of this rule must be submitted within two years from the decedent's date of
			 death.
(3) Benefit amounts not
			 claimed within two years of the decedent's death will be considered abandoned
			 and delivered to the State Treasurer per ORS
			 98.352.
Statutory/Other Authority: ORS
				  657B.090 & 657B.340
Statutes/Other Implemented: ORS
				  657B.090, ORS
				  98.336,
				  98.352,
				  293.490 &
				  293.495
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1470 - Benefits: Benefit Payment Offsets

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After any benefit reduction under ORS
			 657B.040, a claimant's weekly
			 benefit payment may be reduced, as applicable, according to the priorities in
			 section (2) of this rule before the department issues the weekly benefit
			 payment to the claimant.
(2) The
			 priority of additional offsets to the weekly benefit payment are:
(a) Paid Family and Medical Leave Insurance
			 benefit overpayments described under ORS
			 657B.120 and OAR
			 471-070-1510.
(b) Federal personal
			 income tax withholdings described under OAR 471-070-1480.
(c) State personal income tax withholdings
			 described under OAR 471-070-1480.
(d) Child support orders described under ORS
			 25.080.
(e) Funds due to entities that serve a
			 garnishment or levy on the Oregon Employment Department.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1480 - Benefits: Federal and State Voluntary Tax Withholding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant receiving Paid Family and
			 Medical Leave Insurance (PFMLI) benefits can elect to voluntarily have federal
			 or state personal income tax withholding. To elect voluntary withholding, the
			 claimant must notify the department on an approved method.
(2) When the department receives the
			 claimant's notification requesting withholding, the department will:
(a) Withhold at a rate of 10 percent for
			 federal personal income taxes pursuant to IRC section 3402 (p) and applicable
			 regulations for future benefit payments issued.
(b) Withhold at a rate of eight percent for
			 Oregon personal income taxes for future benefit payments issued.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1500 - Benefits: Review of Overpaid Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may review an overpayment
			 of benefits to determine the cause of the overpayment and whether the claimant
			 is liable for repayment of the benefits and any applicable penalties.
(2) The department's review of the
			 overpayment shall be used to determine whether:
(a) The overpayment may be waived under ORS
			 657B.120(5);
(b) Interest may be applied under OAR
			 471-070-1510(3)  to any amount owed;
(c) Penalties shall be applied under ORS
			 657B.120(3)(b);
			 and
(d) The claimant shall be
			 disqualified from claiming benefits under ORS
			 657B.120(3)(a);
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1510 - Benefits: Repayment of Overpaid Benefits; Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director may issue an assessment to a
			 claimant for an overpayment each time a claimant receives Paid Family and
			 Medical Leave Insurance (PFMLI) benefits to which the claimant was not
			 entitled.
(2) If the director
			 determines that a claimant has received benefits to which the claimant was not
			 entitled:
(a) The claimant may be required to
			 repay the amount of benefits that the claimant was overpaid;
(b) The claimant may be required to repay the
			 amount of penalty and interest (if applicable); and
(c) The director may secure the repayment of
			 the overpaid benefits through the deduction from future benefits otherwise
			 payable to the claimant under ORS
			 657B.100.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1520 - Benefits: Waiver Recovery of Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant may request a waiver for
			 recovery of overpayments from the department in the manner specified by the
			 department in its instructions.
(2)
			 In accordance with ORS
			 657B.120(5),
			 the director may waive, in whole or in part, the amount of Paid Family and
			 Medical Leave Insurance (PFMLI) benefits if:
(a) The benefits were paid based on an error
			 other than a willful provision of a false statement, nondisclosure of a
			 material fact, or misrepresentation by a claimant, and
(b) Recovery would be against equity, good
			 conscience, or administrative efficiency.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1550 - Benefits: Penalties for Employer Misrepresentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with ORS
			 657B.120(2),
			 the director may assess a civil penalty of up to $1,000 against an employer
			 each time the employer makes or causes to be made a willful false statement or
			 willful failure to report a material fact regarding the claim of an eligible
			 employee or regarding an employee's eligibility for Paid Family and Medical
			 Leave Insurance benefits.
(2) The
			 director may consider the following mitigating and aggravating circumstances
			 when determining whether to assess a civil penalty under section (1) of this
			 rule and the amount assessed:
(a) Whether the
			 employer knew or should have known they were making or causing to be made a
			 false statement or failing to report a material fact;
(b) Prior violations, if any, of ORS chapter
			 657B by the employer;
(c) Whether a
			 violation of ORS chapter 657B by the employer resulted in harm to an
			 employee;
(d) Whether a violation
			 of ORS chapter 657B by the employer resulted in erroneous or incorrect benefit
			 or assistance grant payments;
(e)
			 The magnitude and seriousness of a violation of ORS
			 657B.120(1).
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1560 - Benefits: Disqualification and Penalties for Claimant Misrepresentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with ORS 657B.120(3), it
			 is unlawful for a claimant to willfully make a false statement or willfully
			 fail to report a material fact in order to obtain Paid Family and Medical Leave
			 Insurance (PFMLI) benefits.
(2) If
			 the director determines that a claimant has made a willful false statement or a
			 willful failure to report a material fact in order to obtain PFMLI benefits,
			 then the claimant shall be:
(a) Disqualified
			 from claiming benefits for a period of 52 consecutive weeks beginning from the
			 date that the claimant made the willful false statement or willful failure to
			 report the material fact;
(b)
			 Assessed for any amount of benefits the claimant received to which the claimant
			 was not entitled to; and
(c) Liable
			 for a penalty under ORS
			 657B.120(3)(b).
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2000 - Self-employed: Definition

Current through Register Vol. 63, No. 7, July 1, 2024
"Taxable income from self-employment" means Oregon net income
				from self-employment or earned as an independent contractor as reported on the
				Oregon personal income tax return.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.130  & 657B.150
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2005 - Self-Employed: Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
A self-employed individual, as defined in ORS
				657B.010(22),
				may elect coverage under the Paid Family and Medical Leave Insurance program if
				the individual:
(1) Earns at least
			 $1,000 in taxable income from self-employment in the preceding calendar
			 year;
(2) Completes a notice of
			 election and provides the required documentation as described in OAR
			 471-070-2010; and
(3) Is not
			 terminated from elective coverage within the previous three calendar years, in
			 accordance with OAR 471-070-2170.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.130
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2010 - Self-employed: Election Requirements and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An eligible self-employed individual may
			 apply to elect coverage under the Paid Family and Medical Leave Insurance
			 program at any time.
(2) A notice
			 to elect must be in writing and submitted online or in another method approved
			 by the department. To be reviewed, the notice must be complete and include:
(a) Information about the individual applying
			 for elective coverage, including:
(A) First
			 and last name;
(B) Social Security
			 Number or Individual Taxpayer Identification Number; and
(C) Address and contact
			 information.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2100 - Tribal Government: Election Requirements and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A tribal
			 government may elect coverage at any time under the Paid Family and Medical
			 Leave Insurance (PFMLI) program in accordance with ORS
			 657B.130(4).
			 The tribal government must elect coverage separately for each business owned by
			 the tribal government.
(2) A tribal
			 government election of the PFMLI program coverage must be in writing and must
			 be accomplished through an intergovernmental agreement between the State of
			 Oregon acting by and through the Employment Department. The tribal government
			 must agree to pay contributions for a period of not less than three
			 years.
(3) A tribal government that
			 has elected coverage by entering an agreement pursuant to section (2) of this
			 rule shall be considered an "employer" and employees of the tribal government
			 shall be considered "employees" under ORS chapter 657B and related
			 administrative rules. The tribal government and its employees shall be subject
			 to all rights and responsibilities therein, including, but not limited to:
(a) Payment of contributions at the same rate
			 and amount as employers and employees as specified in ORS
			 657B.150 and applicable
			 administrative rules.
(b) Filing
			 and paying quarterly as required on the Oregon Quarterly Tax Report, including
			 detailing the PFMLI portion of all PFMLI subject wages, the employee count, and
			 the employee and employer PFMLI contributions due in accordance with ORS
			 657B.150 and OAR
			 471-070-3030.
(c) Receipt of PFMLI
			 benefit amounts by eligible employees of tribal governments that have elected
			 coverage in accordance with ORS
			 657B.050(1) and
			 (2) and related administrative
			 rules.
(d) Collection by the
			 department of erroneous payments of benefits to employees of tribal governments
			 in accordance with provisions for employees in ORS
			 657B.120 and related
			 administrative rules.
(e) Job
			 protection for eligible employees of tribal governments as specified in ORS
			 657B.060 and applicable
			 administrative rules.
(f)
			 Collection requirements or methods and applicable penalties on delinquent
			 payments of contributions and recovery of improper benefit payments as
			 described in ORS 657B.280 through
			 657B.330 and applicable
			 administrative rules.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2170 - Self-employed: Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 self-employed individual may terminate elective coverage by filing a written
			 notice online or in another method approved by the department.
(2) A self-employed individual can terminate
			 elective coverage any time after the coverage has been in effect for three
			 years or longer. The termination shall take effect 30 days after the notice to
			 terminate is received by the department, unless a later date is requested by
			 the self-employed individual on the written notice.
(3) A self-employed individual may terminate
			 elective coverage that has been in effect for less than three years only in the
			 following circumstances:
(a) The individual
			 has filed a voluntary or involuntary bankruptcy petition; or
(b) The individual changed employment status
			 or is otherwise no longer eligible for elective coverage, in accordance with
			 OAR 471-070-2005.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2180 - Tribal Government: Termination of Elective Coverage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A tribal government may terminate
			 elective coverage by filing a written notice with the department requesting a
			 termination of the intergovernmental agreement.
(2) A tribal government can terminate
			 elective coverage any time after the coverage has been in effect for three
			 years or longer. The termination shall take effect 30 calendar days after the
			 notice to terminate is received by the department, unless a later date is
			 requested by the tribal government in the written notice.
(3) A tribal government may terminate
			 elective coverage that has been in effect for less than three years if a
			 voluntary or involuntary bankruptcy petition has been filed for the covered
			 business. The termination shall take effect on the date the department receives
			 the written notice and supporting documentation of the bankruptcy
			 petition.
(4) All contributions
			 payable are due immediately upon termination of coverage.
Publications: Contact the Oregon Employment Department for
				  information about how to obtain a copy of the publication referred to or
				  incorporated by reference in this rule.
Statutory/Other Authority: ORS
				  657B.130
Statutes/Other Implemented: ORS
				  657B.130
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2200 - Equivalent Plans: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Administrative Costs" means the costs incurred by an employer directly related
			 to administering an equivalent plan which include, but are not limited to, cost
			 for accounting, recordkeeping, insurance policy premiums, legal expenses, and
			 labor for human resources' employee interactions related to the equivalent
			 plan. Administrative costs do not include rent, utilities, office supplies or
			 equipment, executive wages, cost of benefits, or other costs not immediately
			 related to the administration of the equivalent plan.
(2) "Administrator" means either an insurance
			 carrier/company, third-party administrator, or payroll company acting on behalf
			 of an employer to provide administration and oversight of an approved
			 equivalent plan.
(3) "Declaration
			 of Intent" means a legally binding, signed agreement from an employer
			 documenting the employer's intent and commitment to provide an approved
			 equivalent plan with an effective date of September 3, 2023.
(4) "Employer administered equivalent plan"
			 means an equivalent plan in which the employer offers a private plan where the
			 employer assumes all financial risk associated with the benefits and
			 administration of the equivalent plan, whether it is administered by the
			 employer or a third-party administrator.
(5) "Equivalent plan" means a Paid Family and
			 Medical Leave Insurance (PFMLI) plan approved by the department that provides
			 benefits that are equal to or greater than the benefits provided by the Oregon
			 PFMLI program established under ORS
			 657B.340.
(6) "Fully insured equivalent plan" means an
			 equivalent plan in which the employer purchases an insurance policy from an
			 insurance company approved to sell PFMLI products by the Oregon Department of
			 Consumer and Business Services (DCBS) Division of Financial Regulation and the
			 benefits related to the plan are administered through the insurance
			 policy.
(7) "Reporting period"
			 means:
(a) For equivalent plans beginning in
			 2023, the first "reporting period" is the timeframe beginning with the start
			 date of the equivalent plan and ending on the earlier of December 31, 2024 or
			 the last effective date of the terminated or withdrawn equivalent plan. The
			 second "reporting period" (and for periods thereafter) is the timeframe
			 beginning January 1 of the calendar year and ending on the earlier of December
			 31 of the same calendar year or the last effective date of the terminated or
			 withdrawn equivalent plan.
(b) For
			 equivalent plans beginning in 2024 or later, the timeframe beginning the later
			 of January 1 of the calendar year or the start date of the equivalent plan, and
			 ending on the earlier of December 31 of the same calendar year or the last
			 effective date of the terminated or withdrawn equivalent plan.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2205 - Equivalent Plans: Declaration of Intent to Obtain Approval of Equivalent Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approved
			 equivalent plans become effective on September 3, 2023, at the same time Paid
			 Family and Medical Leave Insurance (PFMLI) benefits may first be paid to
			 eligible employees. However, the department is accepting equivalent plan
			 applications beginning September 6, 2022.
(2) No later than May 31, 2023, an employer
			 who wishes to provide an equivalent plan with an effective date of September 3,
			 2023 must submit to the department an equivalent plan application that meets
			 the requirements of OAR 471-070-2210.
(3) Equivalent plan application:
(a) To be exempt from paying required
			 quarterly contribution payments to the Oregon PFMLI program in accordance with
			 ORS 657B.150 and OAR 471-070-3030(6), an employer that is going to provide its
			 employees with an equivalent plan as of September 3, 2023, must receive
			 approval of an equivalent plan application. The equivalent plan application
			 must be submitted to the department by the following dates:
(A) By November 30, 2022, to be exempt from
			 paying and remitting the contribution payments beginning with the first quarter
			 that starts January 1, 2023.
(B) By
			 February 28, 2023, to be exempt from paying and remitting contribution payments
			 beginning with the second quarter that starts April 1, 2023.
(C) By May 31, 2023, to be exempt from paying
			 and remitting contribution payments beginning with the third quarter that
			 starts July 1, 2023.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2210 - Equivalent Plans: Application Requirements and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer
			 must submit a separate application and receive department approval for an
			 employer administered equivalent plan or a fully insured equivalent plan for
			 each Business Identification Number. The application must be submitted to the
			 department online or by another method prescribed by the department. An
			 incomplete application will not be reviewed by the department.
(2) For an equivalent plan to be reviewed by
			 the department, the equivalent plan application must include the following:
(a) Information about the employer applying
			 for the equivalent plan, including:
(A)
			 Business Identification Number and Federal Employer Identification
			 Number;
(B) Business
			 name;
(C) Business address;
			 and
(D) Business contact's name and
			 contact information;
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2230 - Equivalent Plans: Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employers with an approved equivalent
			 plan are required to file the Oregon Quarterly Tax Report detailing all Paid
			 Family and Medical Leave Insurance (PFMLI) subject wages and the employee count
			 as defined in OAR 471-070-3150  and the Oregon Employee Detail report detailing
			 PFMLI subject wages for each employee in accordance with OAR
			 471-070-3030.
(2) Employers with an
			 approved equivalent plan must also file annual aggregate benefit usage reports
			 with the department online or in another format approved by the department. The
			 report is due on or before the last day of the month that follows the close of
			 the calendar year. The report shall include, but is not limited to, the
			 following:
(a) Number of benefit applications
			 received during the reporting period and the qualifying leave
			 purpose;
(b) Number of benefit
			 applications approved during the reporting period, the qualifying leave
			 purpose, and total amount of leave; and
(c) Number of benefit applications denied
			 during the reporting period and the qualifying purpose and the number of
			 appeals made on denials and the outcome of the appeals.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2240 - Equivalent Plans: Recordkeeping and Department Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employers with an approved equivalent
			 plan must, for a period of six years from the date the equivalent plan became
			 effective, retain in any format in the employer's records all of the following
			 related to the equivalent plan:
(a) Oregon
			 Quarterly Tax Reports and other reports as required in OAR
			 471-070-3030(2);
(b) Information
			 and records relating to the equivalent plan, including:
(A) Any amendments to the equivalent
			 plan;
(B) Financial information
			 regarding the employer's administrative cost, maintenance, and claim
			 documentation for the plan; and
(C)
			 Copy of any written notice(s) provided to employees about the plan as required
			 in ORS 657B.210(11)(c)
			 and applicable administrative rules.
(c) Employee benefit applications with the
			 current status of pending, approved, or denied along with the reason for
			 denial;
(d) Information regarding
			 any disputes and appeals; and
(e)
			 Records regarding each employee's leave taken and any benefits paid or denied
			 and the reason for denial under the equivalent plan.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2250 - Equivalent Plans: Employee Coverage Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer with an approved equivalent
			 plan is required to cover all employees under the plan as follows:
(a) All employees previously covered under
			 the state plan established under ORS 657B.340, must be covered by the
			 employer's equivalent plan within 30 calendar days of their start
			 date.
(b) All employees previously
			 covered by an employer that had an equivalent plan approved under ORS 657B.210,
			 must be covered by the new employer's equivalent plan immediately as of their
			 start date.
(c) All employees who
			 were not previously covered as described under subsections (a) or (b) of this
			 section, such as employees new to the workforce, relocating from another state,
			 or with a gap in coverage exceeding 30 calendar days must be covered by the
			 employer's equivalent plan within 30 calendar days of their start
			 date.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2260 - Equivalent Plans: Benefit Amounts and Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employers with an approved equivalent
			 plan are required to provide covered employees with benefits that are equal to
			 or greater than benefits provided under the Oregon Paid Family and Medical
			 Leave Insurance (PFMLI) program, including, but not limited to:
(a) The duration of leave for qualifying
			 purposes as established in ORS 657B.020 and related administrative rules;
			 and
(b) The amount of benefits
			 established in ORS 657B.050 and related administrative rules.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2280 - Equivalent Plans: Solvency Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of ORS
			 657B.210,
			 if an employer has an employer administered equivalent plan, the employer must
			 furnish to the department with the initial application, reapproval, or
			 substantive amendment, proof of solvency by providing proof of sufficient
			 assets, or a bond or an irrevocable letter of credit with the department named
			 as the payee or beneficiary, issued by an insured institution, as defined in
			 ORS
			 706.008.
(2) Proof of solvency must be in an amount
			 equal to the contributions due or estimated to be due from the employee and
			 employer for a period of three calendar quarters.
Example:
PQR employer is applying for an
				employer administered equivalent plan. PQR's estimated Paid Family and Medical
				Leave Insurance subject wages for three calendar quarters is $750,000 ($200,000
				the first quarter, $300,000 the second quarter, and $250,000 the third
				quarter). Assuming a total contribution rate of one percent, PQR's estimated
				employee and employer contributions is $7,500 ($750,000 subject wages
				multiplied by one percent). PQR must attach proof of solvency in the amount of
				$7,500 to the application.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.190  & 657B.210
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2330 - Equivalent Plans: Written Notice Poster to Employees of Rights and Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director
			 shall make available to all employers offering an approved equivalent plan, a
			 Paid Family and Medical Leave Insurance (PFMLI) notice poster template that
			 meets the requirements under this rule.
(2) An employer that offers a plan approved
			 under ORS 657B.210 shall provide a written notice poster to employees that
			 includes:
(a) Information about benefits
			 available under the approved plan, including the duration of leave;
(b) The process for filing a claim to receive
			 benefits under the plan, including any employee notice requirements and
			 penalties established by the employer in accordance with ORS 657B.040, if
			 applicable;
(c) The process for an
			 employee to appeal to the employer or administrator based on a decision made by
			 their employer or administrator as described in OAR 471-070-2220(13);
(d) The process for employee deductions used
			 to finance the cost of the plan, if any;
(e) An employee's right to dispute a benefit
			 determination after the appeal with the employer or administrator in the manner
			 determined by the director under ORS 657B.420 and OAR 471-070-2400;
(f) A statement that discrimination and
			 retaliatory personnel actions against an employee for inquiring about the
			 family and medical leave insurance program established under ORS 657B.340,
			 giving notification of leave under the program, taking leave under the program
			 or claiming family and medical leave insurance benefits are
			 prohibited;
(g) The right to job
			 protection and benefits continuation under ORS 657B.060;
(h) The right of an employee to bring a civil
			 action or to file a complaint for violation of ORS 657B.060 or 657B.070;
			 and
(i) A statement that any health
			 information related to family leave, medical leave or safe leave provided to an
			 employer or plan administrator by an employee is confidential and may not be
			 released without the permission of the employee unless state or federal law or
			 a court order permits or requires disclosure.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2400 - Equivalent Plans: Disputes between an Equivalent Plan Employer and Employee, Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required
			 by ORS 657B.420, the department will
			 provide a dispute resolution process to assist in resolving disputes between
			 employers or equivalent plan administrators, as applicable, and employees
			 regarding coverage and benefits provided under an employer's approved
			 equivalent plan if the appeal with the employer or administrator is not
			 otherwise resolved.
(2) Prior to
			 the department providing a dispute resolution process, the employee and
			 employer or administrator must follow the equivalent plan appeal process
			 described in OAR 471-070-2220(13).
(3) In the event that the employee and
			 employer or administrator are unable to resolve an appeal on a coverage or
			 benefit decision through the equivalent plan's appeal process, the employee may
			 request dispute resolution assistance through the department. The dispute
			 resolution request must:
(a) Be in writing, by
			 phone, online, or in another format approved by the department.
(b) Include a copy of the employer or
			 administrator's appealable decision and any documents related to the dispute,
			 including documents supporting or referencing the employer's or administrator's
			 decision.
(c) Be received within 60
			 calendar days of the issuance of the appealable decision, or as soon as
			 practicable if there is good cause as described under section (8) of this rule,
			 for the delay beyond 60 calendar days.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2450 - Equivalent Plans: Termination by the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may terminate an
			 employer's equivalent plan due to reasons that include, but are not limited to:
(a) Misuse of employee contributions withheld
			 or retained by the employer;
(b)
			 Failure to adhere to the department approved equivalent plan or to report
			 substantive equivalent plan changes to the department;
(c) Failure to adhere to applicable Paid
			 Family and Medical Leave Insurance (PFMLI) program requirements, including but
			 not limited to OAR 471-070-2220  and equivalent plan reporting
			 requirements;
(d) Failure to file
			 for reapproval as required in OAR 471-070-2210;
(e) Employer insolvency;
(f) Termination of the insurance policy by
			 the plan administrator;
(g) Closure
			 of a business; or
(h) Failure to
			 respond timely to the department's reasonable inquiries for information about
			 the equivalent plan.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2455 - Equivalent Plans: Termination and Withdrawal by Successor in Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A successor in
			 interest may request to terminate an equivalent plan that was in effect on the
			 date of acquisition within 90 days after becoming a successor in interest
			 resulting from the acquisition in accordance with ORS
			 657B.260. The request to
			 terminate may be submitted online, by phone, or in another method prescribed by
			 the department. The successor in interest must provide written documentation of
			 the acquisition, and any other relevant information regarding the acquisition
			 required by the department.
(2) A
			 successor in interest may request to withdraw from the equivalent plan in
			 accordance with OAR 471-070-2460.
(3) If a request to terminate or withdraw is
			 approved, the department will notify the successor in interest of the effective
			 date of the termination or withdrawal. A successor in interest whose request to
			 terminate is approved is subject to sections (5) through (10) of OAR
			 471-070-2450. A successor in interest whose request for withdrawal is approved
			 is subject to sections (3) through (8) of OAR 471-070-2460.
(4) If a request to terminate or withdraw is
			 denied, the department will notify the successor in interest of the reason for
			 the denial. The successor in interest may appeal the decision to deny a request
			 to terminate or withdraw an equivalent plan, in accordance with ORS
			 657B.410 and applicable
			 administrative rules.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.260
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-2460 - Equivalent Plans: Employer Withdrawal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer may withdraw from an approved
			 equivalent plan that has been in effect for at least one year by submitting a
			 withdrawal form online, by phone, or in another method prescribed by the
			 department.
(2) The employer must
			 provide notice to the department by submitting a withdrawal form at least 30
			 calendar days prior to the effective date of withdrawal. The effective date of
			 the withdrawal is the later of one of the following dates:
(a) A date that is at least 30 calendar days
			 after the date the withdrawal form is sent to the department and that is the
			 last day of the immediately following calendar quarter; or
(b) The date that the equivalent plan has
			 been in effect for one year.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3000 - Contributions: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
"Maximum wage amount" means the maximum employee wages per
				employer subject to Paid Family and Medical Leave Insurance (PFMLI)
				contributions per calendar year
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.150
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3010 - Contributions: Method for Determining Contribution Rate and Maximum Wage Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department shall determine the Paid Family and Medical Leave Insurance (PFMLI)
			 contribution rate on an annual basis. Using current and actual data as well as
			 projections, the factors the department considers in determining the rate
			 include, but are not limited to:
(a) PFMLI
			 Trust Fund balance on August 31 of each year;
(b) Estimated number of Oregon employees and
			 their estimated PFMLI subject wages;
(c) Estimated number of employers that employ
			 on average 25 or more employees, as described in OAR 471-070-3160;
(d) Estimated number of employers that employ
			 on average fewer than 25 employees, as described in OAR 471-070-3160, and the
			 estimated number of those employers that commit to pay the employer
			 contributions in accordance with OAR 471-070-3750;
(e) Estimated number of tribal governments
			 electing coverage under ORS
			 657B.130(4)
			 and the estimated number of employees employed by tribal governments that have
			 elected coverage;
(f) Estimated
			 number of self-employed individuals electing coverage under ORS
			 657B.130;
(g) Maximum wage amount;
(h) Average weekly wage as defined in ORS
			 657B.010(2);
(i) Estimated revenue that will be deposited
			 into the PFMLI Trust Fund through the end of the next calendar year, including
			 projections of:
(A) Contributions
			 paid;
(B) Penalties and interest
			 paid;
(C) Equivalent plan
			 application fees paid; and
(D)
			 Interest accrued on the PFMLI Trust Fund;
(j) Estimated expenditures from the PFMLI
			 Trust Fund through the end of the next calendar year, including projections on:
(A) Benefits paid;
(B) Administrative costs;
(C) Assistance grants paid; and
(D) Amount reimbursed to the General Fund.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3020 - Contributions: Maximum Wage Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Wages are subject to contributions up to the maximum wage amount paid per
			 employer each calendar year.
(2) If
			 an employee works for multiple employers, each employer must:
(a) Withhold and remit employee contributions
			 for wages paid up to the maximum wage amount paid by the employer;
			 and
(b) Pay employer contributions
			 on wages paid up to the maximum wage amount paid by the employer, when
			 applicable.
Example 1: An engineer works for a hotel chain from January to
				August 2026 and earns $130,000. The hotel chain will withhold and remit
				employee contributions and pays employer contributions on the engineer's total
				wages of $130,000. The engineer then works for a school district from September
				to December 2026 and earns $60,000. The school district will withhold and remit
				employee contributions and pays employer contributions on the engineer's total
				wages of $60,000, without consideration of previous wages paid by the hotel
				chain.
Example 2: An attorney works full-time for a law firm and
				part-time for a marketing company throughout 2023. The maximum wage amount for
				2023 is $132,900. The attorney earns $165,000 from the law firm. The law firm
				will withhold and remit employee contributions and pays employer contributions
				on the first $132,900 of the attorney's wages. After contributions are withheld
				and paid on $132,900 of wages, the law firm stops withholding and paying
				contributions on the attorney's wages. The attorney earns $40,000 wages from
				the marketing company. The marketing company will withhold and remit employee
				contributions and pays employer contributions on the attorney's earnings of
				$40,000, without consideration of the wages paid by the law firm throughout the
				year.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3100 - Contributions: Place of Performance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule, "service not covered by a paid leave program in any
			 other state or territory" means that the employee's wages for service are not
			 covered under an existing paid leave program in another state or, if the state
			 or territory has no paid leave program, would not be covered if that other
			 state or territory had a paid leave program similar to Oregon's.
(2) For the purpose of implementing ORS
			 657B.175 and determining Oregon
			 Paid Family and Medical Leave Insurance (PFMLI) subject wages, an employee's
			 wages shall be used to make determinations under ORS chapter 657B and
			 applicable rules if the employee's wages are earned for service:
(a) Performed entirely within Oregon;
			 or
(b) Performed within and outside
			 Oregon, but the service performed outside of Oregon is incidental to the
			 employee's service performed within Oregon.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3130 - Contributions: Successor in Interest Unpaid Contribution Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an employer
			 fails to pay the Paid Family and Medical Leave Insurance (PFMLI) payroll
			 contribution due within 10 calendar days of ending operations, as described in
			 ORS 657B.150(14)(a),
			 any person who becomes a successor in interest to the business is liable for
			 the full amount of the unpaid PFMLI payroll contribution.
(2) For purposes of ORS
			 657B.150 and this rule, an
			 employer is a total successor in interest when all or substantially all of the
			 components parts of the business are transferred to or otherwise acquired by
			 the successor in interest, including the employees necessary to carry on
			 day-to-day operations and essential business functions in the same manner and
			 for the same purposes as carried on prior to the acquisition or
			 transfer.
(3) For purposes of ORS
			 657B.150 and this rule, an
			 employer is a partial successor in interest when a distinct and severable
			 portion of the business is transferred to or otherwise acquired by the
			 successor in interest, including the employees of that portion of the business
			 necessary to carry on day-to-day operations and essential business functions in
			 the same manner and for the same purposes as carried on prior to the
			 acquisition or transfer.
(4)
			 Liability for unpaid contributions under this section shall be assessed as
			 follows:
(a) When an employer acquires the
			 trade or business as a total successor in interest that has an unpaid
			 contribution balance due, the successor in interest is liable for the full
			 amount of the unpaid PFMLI payroll contribution.
(b) When an employer acquires the trade or
			 business as a partial successor in interest that has an unpaid contribution
			 balance due, the predecessor is liable for the total unpaid PFMLI payroll
			 contribution.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3150 - Employer Size: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Employee
			 count" means a headcount of all of an employer's employees, including employees
			 in Oregon and all out-of-state employees, excluding the number of replacement
			 employees hired to temporarily replace eligible employees during Oregon Paid
			 Family and Medical Leave Insurance (PFMLI) leave.
(2) "Employer size" means an employer's
			 average number of employees for the preceding 12 month period and is based on
			 the number of employees on the employer's payroll for the pay period that
			 includes the 12th of each month.
(3) "Large employer" means an employer whose
			 employer size is 25 or more employees.
(4) "New employer" means an employer that has
			 not previously operated or had employees in or outside of Oregon.
(5) "Small employer" means an employer whose
			 employer size is less than 25 employees.
Statutory/Other Authority: ORS
				  657B.360
Statutes/Other Implemented: ORS
				  657B.360
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3160 - Employer Size: Method to Determine Number of Employees Employed by an Employer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employer size
			 is based on the average of the employer's monthly employee counts as defined in
			 OAR 471-070-3150(2).
(a) An employer's
			 employee count is the number of employees on the employer's payroll for the pay
			 period that includes the 12th of the month, and is the sum of:
(A) The number of employees in Oregon;
			 and
(B) The number of out-of-state
			 employees.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3320 - Contributions: Deposit, Bond, or Letter of Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of ORS
			 657B.190,
			 the director or an authorized representative may require a deposit, bond or an
			 irrevocable letter of credit issued by an insured institution, as defined in
			 ORS
			 706.008,
			 when the director or an authorized representative finds it necessary for the
			 protection of the Paid Family and Medical Leave Insurance (PFMLI) Fund
			 established under ORS
			 657B.430.
(2) The determination that a deposit, bond or
			 irrevocable letter of credit is necessary is in the director or an authorized
			 representative's sole discretion. Circumstances that will require a deposit,
			 bond or irrevocable letter of credit include, but are not limited to,
			 circumstances where an employer who currently employs employees subject to ORS
			 chapter 657B:
(a) Is currently delinquent in
			 filing PFMLI reports or payment of PFMLI contributions; or
(b) Was previously delinquent in filing PFMLI
			 reports or payment of PFMLI contributions.