Oregon Administrative Code

170-080-0036 Non-Payroll Contributions (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 …

170-080-0040 Distributions and Distribution Requests (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…

170-080-0045 Program Administration Fees and Expenses (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 Employee…

170-080-0050 Employer Guidelines (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 Administr…

170-080-0055 Distribution of Materials to Employees (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 w…

170-080-0056 Individual Participation (1) An individual who is 18 years of age and older and is eligible to contribute to an IRA under the Code may choose to participate in the Program as a Participating Individual. (2) An individual may become a Participating Individual by: (a) …

170-080-0057 Rollovers and Transfers The Board shall establish procedures with the Program Administrator through which a Participating Employee, Participating Individual, or Beneficiary may roll over or transfer all or a portion of a Program IRA account to a different retirement …

170-080-0058 Termination of Facilitating Employer Status through Program Exemption (1) A Facilitating Employer who begins offering a Qualified Plan must notify the Program Administrator at least 60 days prior to the cessation of Payroll Deduction Contributions. (2) Unless otherwi…

170-080-0060 Technical Assistance to Employers The Program Administrator will provide a range of tools and technical assistance for Employer use. Facilitating Employers shall advise the Program Administrator if they desire technical assistance in completing Program requirements. …

170-080-0061 Account Closure A Program IRA account may be closed by a process established by the Board if: (1) No funds have been deposited into the account for at least 18 months; and (2) All funds from the Participating Employee’s or Participating Individual’s account have been…

170-080-0062 Abandoned Accounts A Program IRA will be presumed abandoned according to the unclaimed property law of the state of the last known address of the Participating Employee or Participating Individual. If the last known address of the Participating Employee or Participat…

170-080-0065 Confidentiality (1) Confidentiality. The Board will treat Individual IRA account information as confidential, including without limitation, names, addresses, telephone numbers, personal identification information, contributions, and earnings. (2) Written release. (a)…

170-080-0066 Board Authority If, after three attempts to bring an Employer into compliance, the Board has reasonable grounds to believe that an Employer has not registered with the Program to facilitate payroll deductions in compliance with ORS 178.250, the Board may file a compl…

170-130-0000 Purpose These rules prescribe the procedures to recover Escheat Property held by the Treasurer as provided for by ORS 98.319,112.055, 114.555, 116.193, 116.203, 708A.430, 722.262, 723.466, any form of non-probate administration of an Escheat Property, and property re…

170-130-0005 Definitions For the purposes of these rules, unless the context requires otherwise, the capitalized words and phrases used in these rules have the same meaning a provided in ORS 111.005 and: (1) "Agent" means a person, other than a Personal Representative, who may fi…

170-130-0010 Claimant's Burden of Proof and Responsibility (1) The Claimant must prove by a preponderance of the evidence that the Claimant or Claimant’s Estate is legally entitled to Escheat Property. (2) The Claimant is responsible to produce evidence sufficient to establish a …

170-130-0015 Petition to Recover Escheat Property (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. (2) The petition must be verified by a notary and include: (a) The Clai…

170-130-0020 Requirements for Filing a Petition (1) To file a claim to recover US Savings bonds, a Claimant or Agent must file a claim under OAR 170-140-0140. (2) To file a petition to recover Escheat Property under ORS 116.253, a Claimant or Agent must file a petition with the T…

170-130-0025 Claimant's Recoverable Amount When an administrative or judicial decision that determines the Claimant is entitled to Escheat Property becomes final, the Claimant will receive the Escheat Property’s value minus: (1) The Treasurer’s actual costs and expenses incurred …

170-130-0030 Request a Contested Case Hearing (1) A Claimant who disagrees with a decision of the director regarding the entitlement to recover Escheat Property may file a request for a contested case hearing before the Office of Administrative Hearings. (2) A request for a conte…

170-135-0000 Purpose These rules provide uniform procedures for the administration of estates of Decedents who die Intestate without Known Heirs or with some missing Heirs and of Testate Estates with missing Heirs or missing Devisees in accordance with Oregon Revised Statutes 111…

170-135-0005 Definitions For the purposes of these rules, unless the context requires otherwise, the capitalized words and phrases used in these rules have the same meaning as provided in ORS 111.005 and: (1) “Claiming Successor” has the same meaning as ORS 114.505(2). (2) “Estat…

170-135-0010 Providing the Treasurer Notice (1) Notice of Matter in Probate. When a Personal Representative is required to provide notice or deliver Property to the Treasurer under ORS 113.045(1) and (2), or 116.203, the Personal Representative must mail or deliver the notice or …

170-135-0015 Duty to Maintain Decedent's Property (1) Except as provided by ORS 708A.430 and 723.466, a Person may not dispose of or diminish any assets of the estate of a Decedent, unless approved by the Treasurer, when the Decedent: (a) Died Intestate; and (b) Did not have a Kn…

170-135-0020 Funeral Arrangements (1) A funeral director: (a) May not initiate any Funeral arrangements without prior approval from the Estate Administrator appointed by the Treasurer. The Treasurer retains discretion of what to approve; (b) May complete applications for Social S…

170-135-0025 Replacing the Estate Administrator as Personal Representative (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 Deceden…

170-135-0030 Disclaiming an Interest in Estate or Property (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 administe…

170-135-0035 Requirements for Small Estates 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.stat…

170-135-0040 Request for Contested Case Hearing (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 …

170-140-0000 Purpose 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 Hist…

170-140-0001 Applicability (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 Enti…

170-140-0005 Definitions 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 re…

170-140-0010 Maximum Percentage of Costs 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 & …

170-140-0015 Proof of Safe Deposit Fee Payment or Waiver (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 wil…

170-140-0020 Finder's List of Unclaimed and Escheat Property (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) E…

170-140-0100 Information Required on Property Claim Form (1) To be complete, the Property Claim form must include the following information: (a) The Claimant’s name: (A) If the Claimant is an individual, the Claimant’s first and last names; or (B) If the Claimant is an Entity, th…

170-140-0105 Required Attachments to Property Claim Form 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 i…

170-140-0110 Required Attachments when Claim Filed on Behalf of a Claimant 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. …

170-140-0115 Evidence Supporting a Claim (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, inclu…

170-140-0120 Filing a Property Claim (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 …

170-140-0125 Incomplete Claims Only a completed Claim will be processed. A Claim is incomplete until: (1) The Claimant provides all required information on the Property Claim Form and all required attachments; (2) The Claimant provides additional or supplemental evidence requeste…

170-140-0130 Burden of Proof and Standard of Review (1) The Claimant must prove legal entitlement to Property by a preponderance of the evidence. The Claimant is responsible for contacting Persons and submitting evidence sufficient to meet the burden of proof. Name similarity alo…

170-140-0135 Claim Disposition (1) The Treasurer may close a Claim when: (a) The Claimant fails to complete Property Claim Form, the online Unclaimed Property Portal, or provide required documents within 90 days of the date the Claimant last provided the Claim Form or required Cl…

170-140-0140 Requesting a Contested Case Hearing (1) A Claimant who disagrees with any proposed decision issued by the Treasurer under OAR 170-140-0135 may request a contested case hearing. (2) The request must: (a) Be received within 60 days of the date of the Treasurer’s decisi…

170-145-0000 Purpose The purpose of these rules is to provide consistent procedures for the administration of the Uniform Disposition of Unclaimed Property Act, Oregon Revised Statutes (ORS) 98.302 to 98.436, 98.991 and 98.992, and to ensure that all unclaimed money and Property …

170-145-0005 Definitions For the purposes of these rules, unless the context requires otherwise, the capitalized words and phrases used in these rules have the same meaning as provided in ORS 98.302 and: (1) "Capital Gains" means gains or profit realized on the sale or exchange o…

170-145-0010 Determining When Holders Must Report Property Property becomes Reportable when presumed abandoned under Exhibit A in the table attached to this rule. [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Statutory/Other Authority: ORS 178.…

170-145-0015 Holder's Due Diligence Requirements (1) A Holder must report all Property presumed abandoned under Oregon law to the Treasurer. (2) When the value of the Property being reported is more than $100.00 for an individual owner, the Holder must comply with section (3) of …

170-145-0020 Reporting Form and Format (1) A Holder must submit reports electronically and in the requested format. (2) A Holder may not consolidate a subsidiary company’s report with the parent company report. (3) A single electronic file will be accepted for the company and any…

170-145-0025 Reporting and Delivery of Property to the Treasurer (1) Every Person holding funds or other Tangible or Intangible Property, presumed abandoned according to ORS 98.302 to 98.352 must report and pay or deliver all such Property to the Treasurer, except that funds tran…