OAR 170-080-0015: Employer Registration and Employee Enrollment

(1) Registration (a) Except as provided in subsection (e), each Employer shall register with the Program or file a Certificate of Exemption on or before the Registration Date. (b) Unless otherwise permitted by the Program Administrator, the Registration Date for an Employer shall be as follows: (A) An Employer employing one hundred (100) or more Employees: November 15, 2017. (B) An Employer employing at least fifty (50) but no more than ninety-nine (99) Employees: May 15, 2018. (C) An Employer employing at least twenty (20) but no more than forty-nine (49) Employees: December 15, 2018. (D) An Employer employing at least ten (10) but no more than nineteen (19) Employees: May 15, 2019. (E) An Employer employing at least five (5) but no more than nine (9) Employees: November 15, 2019. (F) An Employer employing three (3) or four (4) Employees: March 1, 2023. (G) An Employer employing one (1) or two (2) Employees: July 31, 2023. (H) Client Employers, as defined in 170-080-0010: July 31, 2023. (I) An annual wave of new Employers: July 31 of each year. (c) In determining the Number of Employees for the purposes of this section, Employers shall use data as submitted on the 2016 4th quarter Oregon Quarterly Tax Report (Form OQ): Number of covered workers for Unemployment Insurance, except under the following circumstances: (A) An Employer who first meets the definition of Employer after January 1, 2017 will use the number of employees submitted on the Employer’s most recently filed Form OQ; (B) At the Program Administrator’s discretion, an Employer with a valid business reason may use data from a more recent Form OQ. (d) To register with the Program, a Facilitating Employer shall use the internet portal established by the Program Administrator to provide the following information: (A) Employer name and assumed business name, if any; (B) Employer Identification Numbers (Federal Employer Identification Number and Business Identification Number); (C) Employer mailing address; (D) Name, title, telephone number and email address of an individual designated by the Employer as the Program’s point of contact; (E) Number of Employees; and (F) Any other information reasonably required by the Program for the purposes of administering the Program. (e) An Employer who received a notice of presumed exemption from the Program Administrator, as specified in OAR 170-080-0020, is not required to take any further action as long as it continues to offer a Qualified Plan to some or all of its Employees. (f) New Employers: the Registration Date for an Employer who first meets the definition of Employer after July 1, 2017, shall be the later of: (A) the date specified in subsection (1)(b) above, or (B) July 31 of each year. (g) The Registration Date for an Exempt Employer that ceases to offer a Qualified Plan to some or all of its Employees shall be the later of: (A) the date specified in subsection (1)(b) above, or (B) 90 days after the Exempt Employer ceases to offer a Qualified Plan to some or all of its Employees. (h) A Facilitating Employer who lacks access to the internet may register with the Program by alternate means established by the Program Administrator. (2) Employee Enrollment through a Facilitating Employer (a) On or before the Initial Enrollment Date, and on or before the Enrollment Date for each subsequently hired Employee, a Facilitating Employer shall enroll its Employees using the Program Administrator’s internet portal or other means of data transmittal specified and validated by the Program Administrator. The Facilitating Employer shall provide the following information for each Employee no more than 30 days after the Registration Date (for Employees hired on or before the Registration Date) and no more than 30 days following the start of Employment (for Employees hired after the Registration Date): (A) Full legal name; (B) Social security number or taxpayer ID number; (C) Date of birth; (D) Mailing address; (E) Employee’s designated email address; and (F) Any other information reasonably required by the Program for the purposes of administering the Program. (b) In order to allow for Employees to establish an IRA through an automatic enrollment process, the Board shall establish procedures with the Program Administrator for the execution or adoption of such documents as are necessary or appropriate to establish an IRA for such Employee. If the Employee has not opted out after notice of the opportunity to opt out was sent to the Employee using the contact information on file with the Program, and the opt-out period has lapsed, then an IRA will be established for such Employee pursuant to directives and procedures established by the Board. (c) Automatic Employee enrollment occurs 30 days after the Facilitating Employer provides the information in OAR 170-080-0015(2)(a), unless the Employee and Facilitating Employer agree to an earlier date.