Or. Admin. R. 471-030-0057

Current through Register Vol. 63, No. 9, September 1, 2024

Section 471-030-0057 - Payment of Benefits Due a Deceased Person

(1) Any individual who requests receipt of benefits due a deceased person in accordance with ORS 657.255(2) will be required by the Director to complete a notarized affidavit attesting to the death of the claimant and to the individual's relationship to the claimant.

(2) If there is no surviving spouse and benefits are requested by one or more surviving children, the child requesting the benefits must furnish the Director, in addition to the affidavit required in section (1) of this rule, with statements signed by each of the other surviving children authorizing payment to the petitioning child. The statement(s) may be waived if the petitioner can demonstrate to the satisfaction of the Director that there are no other surviving children or that any other surviving child or children cannot be located.

(3) If there is no surviving spouse and no surviving children and benefits are requested by either the claimant's mother or father, the petitioner must furnish the Director, in addition to the affidavit required in section (1) of this rule, a signed statement by the other parent authorizing payment to the petitioning parent. The statement may be waived if the petitioner can demonstrate to the satisfaction of the Director that the other parent is deceased or cannot be located.

(4) No benefit checks will be reissued to survivors other than those listed in sections (1), (2), or (3) of this rule. In the absence of a valid petition, the benefit check(s) will be canceled and the monies permanently returned to the benefit fund.

Or. Admin. R. 471-030-0057

1DE 3-1981, f. & ef. 2-16-81; 1DE 1-1984, f. & ef. 3-21-84; ED 32-2018, minor correction filed 01/11/2018, effective 1/11/2018

Statutory/Other Authority: ORS 657

Statutes/Other Implemented: ORS 657.255