237 sections in this chapter.
ORS 243.864 Duties; rules; contracts; personnel. (1) The Oregon Educators Benefit Board
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(a) Shall adopt rules for the conduct of its business and for carrying out ORS 243.879; and (b) May adopt rules not inconsistent with ORS 243.860 to 243.886 to determine the terms and conditions of eligible employee participation in and coverage under benefit plans. (2) The board…
ORS 243.866 Benefit plans; criteria; coverage options; payroll deductions; rules. (1) The Oregon Educators Benefit Board shall contract for benefit plans best designed to meet the needs and provide for the welfare of eligible employees, the districts and local governments. In considering whether to enter into a contract for a benefit plan, the board shall place emphasis on
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(a) Employee choice among high-quality plans; (b) Encouragement of a competitive marketplace; (c) Plan performance and information; (d) District and local government flexibility in plan design and contracting; (e) Quality customer service; (f) Creativity and innovation; (g) Plan …
ORS 243.867 Participation in benefit plan by local government. (1) The governing body of a local government may elect to participate in a benefit plan offered by the Oregon Educators Benefit Board
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(2) The decision of the governing body of a local government to participate in a benefit plan offered by the board is in the discretion of the governing body of the local government and is a permissive subject of collective bargaining. (3) If the governing body of a local governm…
ORS 243.868 Benefit plans for other than health and dental benefits; premiums; district plans. (1) In addition to contracting for health and dental benefit plans, the Oregon Educators Benefit Board may contract with carriers to provide other benefit plans including, but not limited to, insurance or other benefits based on life, supplemental medical, supplemental dental, supplemental vision, accidental death or disability insurance plans
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(2) The premium for each eligible employee for coverage under a benefit plan other than a health or dental benefit plan described in subsection (1) of this section shall be the total cost per month of the coverage afforded the employee under the plan for which the employee exerci…
ORS 243.869 Coverage of adult disabled children. (1) If the Oregon Educators Benefit Board provides options under which an eligible employee may arrange coverage for family members under ORS 243.866, the board shall allow coverage of an adult disabled child of the eligible employee if
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(a) The eligible employee provides a statement from a physician certifying that the adult child has an ongoing disability that prevents the adult child from engaging in self-sustaining employment; (b) The adult child was covered by a parent’s insurance immediately before the time…
ORS 243.870 Long term care benefit plans. (1) The Oregon Educators Benefit Board may make available to eligible employees and family members one or more fully insured long term care benefit plans. Notwithstanding ORS 243.860, for purposes of this subsection, “family member” includes family members, as defined by the board, the parents of the eligible employee and the parents of the spouse or domestic partner of the eligible employee
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(2) Participation of eligible employees in any long term care benefit plan made available by the board is voluntary and is subject to reasonable underwriting guidelines and eligibility rules established by the board. (3) Unless otherwise agreed to by the employer, the eligible em…
ORS 243.872 Requirements when board offers long term care benefit plan. (1) If the Oregon Educators Benefit Board offers a long term care benefit plan under ORS 243.870, the board shall
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(a) Develop effective and cost-effective ways to make the plan available; and (b) In consultation with the Public Employees Retirement System, develop plan specifications, eligibility rules, underwriting guidelines and consumer educational materials. (2) The educational materials…
ORS 243.874 Flexible benefit plans; rules. (1) In addition to the powers and duties otherwise provided by law to provide benefit plans for eligible employees, the Oregon Educators Benefit Board may provide and administer flexible benefit plans under which eligible employees may choose among taxable and nontaxable benefits as provided in the federal Internal Revenue Code
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(2) In providing flexible benefit plans, the board may offer: (a) Health or dental benefits as described in ORS 243.864 and 243.866. (b) Other insurance benefits as described in ORS 243.868. (c) Any other benefit that may be excluded from an employee’s gross income under the fede…
ORS 243.876 Payroll deductions; reports. (1) Upon receipt of a request in writing from an eligible employee, the payroll disbursing officer may deduct from the salary or wages of the employee an amount of money indicated in the request for payment of the amount set forth in benefit plans selected by the employee for the employee and family members
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(2) Amounts deducted under subsection (1) of this section shall be paid over promptly: (a) To the Oregon Educators Benefit Board, the carriers or the persons responsible for payment of premiums to carriers in accordance with the terms of contracts for benefit plans; or (b) With r…
ORS 243.877 Benefit plans offered by the Oregon Educators Benefit Board that reimburse the cost of medical and other health services and supplies must comply with the requirements for health benefit plan coverage described in
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(1) ORS 743A.058; (2) ORS 743A.140; (3) ORS 743A.141; (4) ORS 743B.256; (5) ORS 743B.287 (4); (6) ORS 743B.420; (7) ORS 743B.423; (8) ORS 743B.601; (9) ORS 743B.810; (10) ORS 743A.325; (11) ORS 743A.051 (2)(c); and (12) ORS 743A.114. Note: See note under 243.860.
ORS 243.878 Board authority with respect to health benefit plans; termination of participation. (1) The Oregon Educators Benefit Board may employ whatever means are reasonably necessary to carry out the purposes of ORS 243.860 to 243.886. This authority includes, but is not limited to, authority to self-insure and to seek clarification, amendment, modification, suspension or termination of any agreement or contract
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(2) Upon providing specific notice in writing to the carrier, the affected labor organization or organizations, the districts, the local governments, the Oregon Health Authority and the affected eligible employees, and after affording opportunity for a public hearing on the issue…
ORS 243.879 Reimbursement methodology for payment to hospitals. (1) A carrier that contracts with the Oregon Educators Benefit Board to provide to eligible employees and their dependents a benefit plan that reimburses the cost of inpatient or outpatient hospital services or supplies shall reimburse a claim for the cost of a hospital service or supply that is covered by, or is similar to a service or supply that is covered by, the Medicare program in an amount that does not exceed
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(a) For claims submitted by in-network hospitals, 200 percent of the amount paid by Medicare for the service or supply; or (b) For claims submitted by out-of-network hospitals, 185 percent of the amount paid by Medicare for the service or supply. (2) A self-insurance program admi…
ORS 243.880 Oregon Educators Benefit Account; continuing appropriation; monthly deposits. (1) There is created the Oregon Educators Benefit Account, separate and distinct from the General Fund. Moneys in the account are continuously appropriated to the Oregon Educators Benefit Board to cover the board’s expenses incurred in connection with the administration of ORS 243.860 to 243.886
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(2) Subject to ORS 243.882, an amount not to exceed two percent of the monthly employer and employee contributions for benefit plans available under ORS 243.860 to 243.886 shall be deposited in the account. [2007 c.7 §11] Note: See note under 243.860.
ORS 243.882 Monthly participation assessment; purposes; maximum account balance. Subject to legislative budgetary authorization for operation of the Oregon Educators Benefit Board and the board’s administration of benefit plans and other duties under ORS 243.860 to 243.886, an amount not to exceed two percent of the monthly employer and employee contributions for benefit plans shall be forwarded by each participating district and local government to the board and deposited by the board in the State Treasury to the credit of the Oregon Educators Benefit Account to meet the board’s administrative and other costs authorized by ORS 243.860 to 243.886. The board shall ensure that the balance in the account does not exceed five percent of the monthly total of employer and employee contributions for more than 120 days. [2007 c.7 §12; 2013 c.731 §22]
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Note: See note under 243.860.
ORS 243.884 Oregon Educators Revolving Fund; continuous appropriation to board; purposes; rules; moneys paid into fund. (1) There is created the Oregon Educators Revolving Fund, separate and distinct from the General Fund. Moneys in the Oregon Educators Revolving Fund are continuously appropriated to the Oregon Educators Benefit Board to cover the board’s expenses incurred in connection with the administration of ORS 243.860 to 243.886. Moneys in the Oregon Educators Revolving Fund may be retained for limited periods of time as established by the board by rule. Among other purposes, the board may retain the funds to pay premiums, control expenditures, stabilize premiums and self-insure. The board may establish subaccounts within the Oregon Educators Revolving Fund
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(2) The following moneys shall be paid into the Oregon Educators Revolving Fund: (a) All unused employer contributions for benefit plans; (b) All refunds, dividends, unused premiums and other payments attributable to an employee contribution or employer contribution made from a c…
ORS 243.886 Limitations on district participation in benefit plans; exceptions. (1) Except as provided in subsections (2), (3) and (4) of this section, a district may not provide or contract for a benefit plan and eligible employees of districts may not participate in a benefit plan unless the benefit plan
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(a) Is provided and administered by the Oregon Educators Benefit Board under ORS 243.860 to 243.886; or (b) Is offered through the health insurance exchange under ORS 741.310 (1)(b)(B). (2)(a) Except for community college districts, a district that was self-insured before January…
ORS 243.910 Definitions for ORS 243.910 to 243.945. As used in ORS 243.910 to 243.945
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(1) “Board” means the governing board of a public university listed in ORS 352.002 and for the Oregon Health and Science University, the Oregon Health and Science University Board of Directors. (2) “Employees” means the persons appointed or employed by or under the authority of t…
ORS 243.920 Assisting employees to obtain supplemental benefits; employee contribution. (1) The board may, in its discretion, assist its employees who are members of the Public Employees Retirement System and who elect to be so assisted by filing an election as provided in ORS 243.940, in the purchase of retirement benefits supplementing the benefits to which those employees are entitled under the system. For this purpose the board and its employees may enter into contracts with one or more life insurance or annuity companies
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(2) Each employee who elects to be assisted under subsection (1) of this section shall, as a condition to such election, either: (a) Agree to contribute through payroll deductions toward the purchase of the supplementary retirement benefits a percentage of the annual salary of th…
ORS 243.930 Board contributions; investment; purchase of benefits. (1) If an employee assisted under ORS 243.920 (1) has made contributions to the Public Employees Retirement Fund during each of five calendar years, the board shall contribute an amount toward the purchase of the supplemental retirement benefits equal to the contributions toward the purchase made by the employee on annual salary in excess of $4,800. The amounts of those contributions by the board shall be paid promptly by the board to the life insurance or annuity company in accordance with the terms of the applicable contract
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(2) If an employee assisted under ORS 243.920 (1) has not made contributions to the Public Employees Retirement Fund during each of five calendar years, the board shall contribute an amount toward the purchase of the supplemental retirement benefits equal to that which it would c…
ORS 243.935 Employer assumption of full amount of employee contributions. Pursuant to the provisions of ORS 238.205, an employer may “pick-up,” assume or pay the full amount of contributions which would otherwise have been made by an employee assisted under ORS 243.920, whether the employee agreed to make the contributions by payroll deduction, reduction in salary or the forgoing of a salary increase. [1989 c.799 §18]
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[Repealed or reserved.]
ORS 243.940 Employee election; cancellation of election. (1) Employees may elect to be assisted by the board under ORS 243.920 (1), or may cancel that election, only as provided in this section
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(2) An employee who is a member of the Public Employees Retirement System before the board commences to assist its employees under ORS 243.920 (1) may elect to be so assisted by the board not later than one month before that commencement. (3) An employee who becomes a member of t…
ORS 243.945 Employees not eligible for assistance. Notwithstanding ORS 243.910 to 243.945, any person who is hired on or after September 9, 1995, is not eligible to be assisted by the board under the provisions of ORS 243.910 to 243.945. [1995 c.600 §4; 2015 c.767 §70]
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PUBLIC SAFETY MEMORIAL FUND
ORS 243.950 Public Safety Memorial Fund. The Public Safety Memorial Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the Public Safety Memorial Fund. All moneys deposited in the fund are continuously appropriated to the Department of Public Safety Standards and Training for the purposes of ORS 243.954 to 243.974, to be expended by the Public Safety Memorial Fund Board, established by ORS 243.952, as provided in ORS 243.954 to 243.974. However, the board may not expend more than $60,000 per biennium of the moneys for administrative costs of the board incurred under ORS 243.954 to 243.974. [1999 c.981 §3]
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Note: 243.950 to 243.974 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 243.952 Public Safety Memorial Fund Board; officers; quorum; meetings; staff. (1) There is established within the Board on Public Safety Standards and Training a Public Safety Memorial Fund Board consisting of six members appointed by the Governor from the membership of the Board on Public Safety Standards and Training. The Governor shall appoint members to represent each of the following
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(a) Police officers; (b) Fire service professionals; (c) Corrections personnel; and (d) The public. (2)(a) Before the expiration of the term of a member of the Public Safety Memorial Fund Board, the Governor shall appoint a successor whose term begins immediately upon the expirat…
ORS 243.954 Definitions for ORS 243.954 to 243.974. As used in ORS 243.954 to 243.974
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(1) “Child” means a person who is a natural child, adopted child or stepchild of a public safety officer and who is: (a) 18 years of age or younger; (b) 18 through 22 years of age and enrolled as a full-time undergraduate student; or (c) 18 years of age or older and incapable of …
ORS 243.956 Eligibility for benefits from fund; types of benefits. (1) A person is eligible for an award of benefits from the Public Safety Memorial Fund if the person
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(a)(A) Is a family member, parent or designee of a public safety officer who has suffered a qualifying death or disability; or (B) Is a public safety officer who has suffered a qualifying disability; and (b) Has submitted an initial application for an award of benefits under ORS …
ORS 243.958 Initial application for benefits. (1) An applicant for benefits under ORS 243.956 (4) must file an initial application under oath on a form furnished by the Public Safety Memorial Fund Board. The initial application must include
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(a) The name and address of the applicant; (b) The public safety officer’s name, the date of the qualifying death or disability and the agency that employed the public safety officer; (c) Releases authorizing the surrender to the board of reports, documents and other information …
ORS 243.959 Supplemental application for benefits. An applicant for benefits under ORS 243.956 (5) to (10) shall file a supplemental application under oath on a form furnished by the Public Safety Memorial Fund Board. The supplemental application must include
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(1) The amount of benefits, payments or awards, if any, payable from any source, that the applicant has received or for which the applicant is eligible as a result of the qualifying death or disability of a public safety officer; and (2) Any other information that the board deter…
ORS 243.960 Application information public record. All information submitted to the Public Safety Memorial Fund Board by an applicant is a public record under ORS 192.311 and is open to public inspection unless the board determines that the information should be kept confidential. [1999 c.981 §7]
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Note: See note under 243.950.
ORS 243.962 Determination of award amount. (1) In determining the amount of benefits for which an applicant is eligible, the Public Safety Memorial Fund Board shall
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(a) Consider the facts stated in the initial application filed under ORS 243.958 or the supplemental application filed under ORS 243.959; (b) Consider the amount of funds available for benefit awards, as provided in the current biennial board budget approved by the Legislative As…
ORS 243.964 Order. After processing an initial application filed under ORS 243.958 or a supplemental application filed under ORS 243.959, the Public Safety Memorial Fund Board shall enter an order stating
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(1) The board’s findings of fact; (2) The board’s decision as to whether benefits are due under ORS 243.954 to 243.974; (3) The amount of benefits, if any, that is due under ORS 243.954 to 243.974, as determined under ORS 243.956 and 243.962; and (4) The manner in which the board…
ORS 243.966 Reconsideration; no review. (1) If an applicant disagrees with the order entered under ORS 243.964, the applicant may request reconsideration by the Public Safety Memorial Fund Board by filing the request with the board no later than 30 days after entry of the order. The board shall reconsider any order for which a request for reconsideration is timely received. The board shall notify the applicant of its decision on reconsideration within 30 days of the board’s receipt of the request for reconsideration. The board’s decision is final and not subject to administrative or judicial review
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(2) Notwithstanding subsection (1) of this section, upon the request of and good cause shown by the applicant, the board may extend the 30-day time period for: (a) The applicant to file a request for reconsideration. (b) The board to notify the applicant of its decision on recons…
ORS 243.968 Payment of awards. (1) When a person eligible to receive an award under ORS 243.956 is younger than 18 years of age or is incompetent, the board may pay the award to a relative, guardian or attorney of the person on behalf of and for the benefit of the person. In such case, the board may require the payee to
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(a) File an annual accounting of the award with the board; and (b) Take such other action that the board determines is necessary and appropriate for the benefit of the beneficiary of the award. (2) Payment of claims is subject to availability of funds for benefit awards as provid…
ORS 243.969 Payment of lump sum benefits. (1) If the Public Safety Memorial Fund Board awards lump sum benefits under ORS 243.956 and no designation of beneficiary form has been completed under ORS 243.974 (1), the board shall pay the benefits to the family member or parent of a public safety officer who suffered a qualifying death as follows
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(a) 100 percent to the surviving spouse. (b) If there is no surviving spouse, 100 percent to the surviving child. (c) If there is no surviving spouse or child, 100 percent to a person who qualifies as a dependent of the public safety officer for state income tax purposes. (d) If …
ORS 243.970 Authority of board; rules; report. To carry out the provisions and purposes of ORS 243.954 to 243.974, the Public Safety Memorial Fund Board may
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(1) Request from law enforcement officials and from any other agency of the state or any local governmental unit such assistance and information as will enable the board to carry out its functions and duties. (2) Request the assistance of the State Treasurer. (3) Accept gifts, gr…
ORS 243.972 Gifts; requirements for tax deductibility. The Public Safety Memorial Fund Board shall investigate whether gifts made to the board under ORS 243.970 are, or could be, tax deductible contributions for the donors. If the gifts do not qualify as tax deductible contributions, the board shall take whatever actions are necessary to ensure that gifts meet the requirements for tax deductibility, unless such action would alter the purposes of ORS 243.954 to 243.974. [1999 c.981 §18]
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Note: See note under 243.950.
ORS 243.974 Designation of beneficiary form; notice required when public safety officer suffers qualifying death or disability. (1) At the time a public safety officer is hired or utilized as a volunteer, the agency employing or utilizing the public safety officer shall provide the public safety officer with a designation of beneficiary form on which the public safety officer may elect to designate a person to receive benefits under ORS 243.956 in lieu of the standard beneficiaries identified in ORS 243.969. If the public safety officer completes the beneficiary form, the agency shall retain the beneficiary form until an initial application is filed under ORS 243.958
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(2) If no designation of beneficiary form has been completed under subsection (1) of this section, any lump sum benefits will be paid under the provisions of ORS 243.969. (3) No later than three days after a determination that a public safety officer suffered a qualifying death o…