71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 354
 
LC 606/SB 354-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 354
 
    By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
 
                            April 12
 
  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and lines 3 through 5 and
insert 'amending ORS 656.506.'.
  Delete lines 7 through 28 and delete pages 2 through 26 and
insert:
  '  { +  SECTION 1. + } ORS 656.506 is amended to read:
  ' 656.506. (1) As used in this section:
  ' (a) 'Employee' means a subject worker as defined in ORS
656.005 (28).
  ' (b) 'Employer' means a subject employer as defined in ORS
656.005 (27).
  ' (2) Every employer shall retain from the moneys earned by all
employees an amount determined by the Director of the Department
of Consumer and Business Services for each hour or part of an
hour the employee is employed and pay the money retained in the
manner and at such intervals as the Director of the Department of
Consumer and Business Services shall direct.
  ' (3) In addition to all moneys retained under subsection (2)
of this section, the director shall assess each employer an
amount equal to that assessed pursuant to subsection (2) of this
section.  The assessment shall be paid in such manner and at such
intervals as the director may direct.
  ' (4) Moneys collected pursuant to subsections (2) and (3) of
this section, and any accrued cash balances, shall be deposited
by the Department of Consumer and Business Services into the
Workers' Benefit Fund. Subject to the limitations in subsections
(2) and (3) of this section, the amount of the hourly assessments
provided in subsections (2) and (3) of this section annually may
be adjusted to meet the needs of the Workers' Benefit Fund for
the expenditures of the department in carrying out its functions
and duties pursuant to subsection (7) of this section and ORS
656.622, 656.625, 656.628 and 656.630. Factors to be considered
in making such adjustment of the assessments shall include, but
not be limited to, the cash balance as determined by the director
and estimated expenditures and revenues of the Workers' Benefit
Fund.
  ' (5) It is the intent of the Legislative Assembly that the
department set rates for the collection of assessments pursuant
to subsections (2) and (3) of this section in a manner so that at
the end of the period for which the rates shall be effective, the
cash balance shall be an amount approximating 12 months of
projected expenditures from the Workers' Benefit Fund in regard
to its functions and duties under subsection (7) of this section
and ORS 656.622, 656.625, 656.628 and 656.630, in a manner that
minimizes the volatility of the rates assessed. The department
may set the assessment rate at a higher level if the department
determines that a higher rate is necessary to avoid unintentional
program or benefit reductions in the time period immediately
following the period for which the rate is being set.
 
  ' (6) Every employer required to pay the assessments referred
to in this section shall make and file a   { - quarterly - }
report of employee hours worked and amounts due under this
section upon a combined   { - quarterly - }  report form
prescribed by the Department of Revenue. The report shall be
filed with the Department of Revenue { + :
  ' (a) + } At the times and in the manner prescribed in ORS
316.168 and 316.171 { + ; or
  ' (b) Annually as required or allowed pursuant to ORS 316.197
or 657.570 + }.
  ' (7) There is established a Retroactive Program for the
purpose of providing increased benefits to claimants or
beneficiaries eligible to receive compensation under the benefit
schedules of ORS 656.204, 656.206, 656.208 and 656.210 which are
lower than currently being paid for like injuries. However,
benefits payable under ORS 656.210 shall not be increased by the
Retroactive Program for claimants whose injury occurred on or
after April 1, 1974. Notwithstanding the formulas for computing
benefits provided in ORS 656.204, 656.206, 656.208 and 656.210,
the increased benefits payable under this subsection shall be in
such amount as the director considers appropriate. The director
annually shall compute the amount which may be available during
the succeeding year for payment of such increased benefits and
determine the level of benefits to be paid during such year. If,
during such year, it is determined by the director that there are
insufficient funds to increase benefits to the level fixed by the
director, the director may reduce the level of benefits payable
under this subsection. The increase in benefits to workers shall
be payable in the first instance by the insurer or self-insured
employer subject to reimbursement from the Workers' Benefit Fund
by the director. If the insurer is a member of the Oregon
Insurance Guaranty Association and becomes insolvent and the
Oregon Insurance Guaranty Association assumes the insurer's
obligations to pay covered claims of subject workers, including
Retroactive Program benefits, such benefits shall be payable in
the first instance by the Oregon Insurance Guaranty Association,
subject to reimbursement from the Workers' Benefit Fund by the
director.'.
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