Or. Admin. Code § 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 Paid
Leave Oregon 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the last effective date of the terminated or withdrawn equivalent plan.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withdrawn equivalent plan.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.
Notes
Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.210 & 657B.260
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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 .
Notes
Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.210 & 657B.260