Or. Admin. Code § 471-070-2200

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-070-2200 - Equivalent Plans: Definitions

(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of the equivalent plan and ending on the earlier of December 31, 2024 or the last effective date of the terminated or withdrawn equivalent plan.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.

(8) "Successor in interest" means an employer who is transferred or otherwise acquires all or substantially all of the component's parts of a business, 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.

(9) "Substantial reduction in personnel," as used in ORS 657B.260 and applicable administrative rules, means a situation in which the number of employees employed by the predecessor of the organization, trade, or business is reduced by at least 33 percent by the successor in interest.

Or. Admin. Code § 471-070-2200

ED 8-2022, adopt filed 04/21/2022, effective 4/21/2022; ED 10-2022, amend filed 08/22/2022, effective 8/22/2022; ED 3-2023, amend filed 07/31/2023, effective 8/1/2023; ED 1-2024, amend filed 01/04/2024, effective 1/12/2024

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 657B.210 & 657B.260