Or. Admin. R. 839-001-0520 - Amount of Claim to Be Paid from the Wage Security Fund

(1) Except as provided in sections (3) and (4) of this rule, after a wage claim is determined to be eligible for payment from the Fund, the amount to be paid shall be:

(a) The unpaid amount of wages earned within 60 days before the date of the cessation of business; or

(b) If the claimant filed a wage claim before the cessation of business, the unpaid amount of wages earned within 60 days before the last day the claimant was employed.

(2) Except as provided in sections (3) and (4) of this rule, when the Commissioner obtains a judgment or issues a final order, including an order of determination that has become final, the amount to be paid from the Fund shall be the amount of unpaid wages due pursuant to the judgment or final order.

(3) The commissioner shall pay the amount of wages earned as provided in sections (1) and (2) only to the extent of $10,000.

(4) When the amount of a valid wage claim determined to be eligible for payment is greater than the amount available in the Fund for paying such claims, payments on wage claims shall be prorated in accordance with OAR 839-001-0530.

Notes

Or. Admin. R. 839-001-0520

BL 5-1986, f. 6-20-86, ef. 7-1-86; BLI 13-1999, f. 9-28-99, cert. ef. 10-23-99; BLI 26-2009, f. 12-1-09, cert. ef. 1-1-10; BLI 12-2019, amend filed 10/31/2019, effective 1/1/2020; BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022; BLI 1-2022, amend filed 03/21/2022, effective 4/1/2022

Statutory/Other Authority: ORS 651.060(4) & Chapter 652

Statutes/Other Implemented: ORS 652.414, OL CH. 444, 2019 & House Bill 2818, 2021