(1) Establish the process for voluntary enrollment in the plan developed under ORS 178.205, including procedures for automatic enrollment of employees and for employees to opt out of the plan.
(2) Establish the process for participants to make the default contributions to plan accounts and to adjust the contribution levels.
(3) Establish the process for employers to withhold employee contributions to plan accounts from employees’ wages and send the contributions to the investment administrator for the plan.
(4) Establish the process for allowing employees to opt out of enrollment in the plan.
(5) Establish the process for participants to make nonpayroll contributions to plan accounts.
(6) Set minimum, maximum and default contribution levels in accordance with limits established by the Internal Revenue Code.
(7) Establish the process for withdrawals from plan accounts.
(8) Establish the process and requirements for an employer to obtain an exemption from offering the plan if the employer offers a qualified retirement plan, including but not limited to a plan qualified under section 401(a), section 401(k), section 403(a), section 403(b), section 408(k), section 408(p) or section 457(b) of the Internal Revenue Code.
(9) Mandate the contents and frequency of required disclosures to employees, employers and other plan participants. These disclosures must include, but need not be limited to:
(a) The benefits and risks associated with making contributions to the plan;
(b) Instructions for making contributions to the plan;
(c) How to opt out of the plan;
(d) How to participate in the plan with a level of contributions other than the default rate;
(e) The process for withdrawal of retirement savings;
(f) How to obtain additional information about the plan;
(g) That employees seeking financial advice should contact financial advisers, that participating employers are not in a position to provide financial advice and that participating employers are not liable for decisions employees make pursuant to ORS 178.200 to 178.260;
(h) That the plan is not an employer-sponsored retirement plan;
(i) That the plan accounts and rate of return are not guaranteed by the state; and
(j) That employees may file a complaint under ORS 178.250 to report an employer’s failure to offer an opportunity to contribute to the plan developed under ORS 178.205 or another qualified retirement plan. [2015 c.557 §4; 2019 c.149 §7]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 178 - State Treasurer; Oregon Retirement Savings Plan; Oregon 529 Savings Network
Section 178.010 - Oath and bond.
Section 178.050 - Duties of State Treasurer.
Section 178.065 - Authority of State Treasurer to require fingerprints.
Section 178.200 - Oregon Retirement Savings Board.
Section 178.205 - Powers and duties of Oregon Retirement Savings Board; rules.
Section 178.210 - Requirements for Oregon Retirement Savings Plan.
Section 178.215 - Rules for Oregon Retirement Savings Plan.
Section 178.220 - Confidentiality of account information.
Section 178.225 - Oregon Retirement Savings Plan Administrative Fund.
Section 178.230 - Prerequisites to establishment of Oregon Retirement Savings Plan.
Section 178.250 - Compliance with plan; complaints.
Section 178.255 - Investigation by Commissioner of Bureau of Labor and Industries; civil penalty.
Section 178.260 - Final orders relating to compliance.
Section 178.300 - Definitions for ORS 178.300 to 178.360.
Section 178.305 - Oregon 529 Savings Network.
Section 178.310 - Oregon 529 Savings Board; membership.
Section 178.315 - Board powers and duties; rules.
Section 178.320 - Oregon 529 Savings Network Fund; College Savings Plan Subaccount; ABLE Subaccount.
Section 178.335 - Network participation for higher education expenses; contribution limits; fees.
Section 178.345 - Prohibitions and limitations on accounts for higher education expenses.
Section 178.355 - Withdrawals from accounts for higher education expenses; rules; report.
Section 178.375 - Definitions for ORS 178.375, 178.380 and 178.385.