OAR 170-080-0050: Employer Guidelines

(1) A Facilitating Employer is not a fiduciary to this program. Facilitating Employers shall: (a) Collect contributions and remit those amounts promptly to the Program Administrator or its designee; (b) Provide information to the Program Administrator, as described in OARs 170-080-0015, 170-080-0020, and 170-080-0030; (c) Retain the notice of any Employee elections or election changes pursuant to any action defined in OAR 170-080-0030 for a period not less than three (3) years from the date of the notice. Facilitating Employers may choose to comply with this requirement by allowing the Program Administrator to maintain such documentation on their behalf, either electronically, or in any other medium allowable under applicable law; (d) Record the Participating Employee’s elections and election changes in its payroll system in a manner that enables the Facilitating Employer to make accurate deductions from the Participating Employee’s paycheck; (e) Make clear that the Facilitating Employer’s involvement in the Program is limited to collecting contributions and remitting them to the Program Administrator or its designee, and that the Facilitating Employer does not provide any additional benefit or promise any particular investment return on Employee savings; and (f) Remain neutral about the Program. (2) Facilitating Employers shall not: (a) Contribute to the Program; (b) Require, endorse, or discourage employee participation in the Program; and (c) Execute any discretionary authority, control, or responsibility with respect to the Program. (3) Facilitating Employers may, if they choose: (a) Provide additional general information and other educational materials that explain the advisability of retirement savings, including the advantages of contributing to an IRA; and (b) Answer Employee inquiries about the mechanics of the IRA payroll deduction. (4) Facilitating Employers should refer other inquires to the Program Administrator or as otherwise directed by the Board.