Or. Admin. Code § 836-053-0070 - Multiple Employer Welfare Arrangements

In determining whether an arrangement is a fully insured multiple employer welfare arrangement that is exempt from the small employer carrier requirements in accordance with ORS 743.730, the Director shall consider the following factors:

(1) Whether all of the benefits that are provided under the arrangement are guaranteed by policies of insurance issued by an authorized insurer.

(2) Whether the arrangement consists of an employee welfare benefit plan for employees of two or more employers or their beneficiaries as defined in ERISA sections 3 (5) and (40).

(3) Whether the arrangement is essentially controlled by an insurer, benefit service organization or individual for the purpose of creating a market for furnishing benefits to diverse individuals or groups rather than a bona fide multiple employer welfare arrangement.

Notes

Or. Admin. Code § 836-053-0070

ID 17-1992, f. 12-3-92, cert. ef. 12-7-92; ID 12-1996, f. & cert. e.f 9-23-96; ID 5-1998, f. & cert. ef. 3-9-98

Stat. Auth.: ORS 731.244, ORS 743.731(4) & ORS 746.240

Stats. Implemented: ORS 743.730(17)