OAR 177-094-0100: Annual Affidavit Required for Prize Winners of the Win for LifeSM Scratch-itSM Ticket Game

This rule applies retroactively to the Win for LifeSM Scratch-itSM ticket game that began April 4, 1995 and ended February 29, 1996. (1) Definitions: The definitions in OAR 177-094-0000 do not apply to this rule. (a) “Original validation date” or “date of validation” is the date the Lottery determined that the prize winner’s Win for LifeSM Scratch-itSM ticket was valid and eligible for payment of the top prize of $1,000 per month for life. (b) “Scratch-itSM” has the meaning set forth in OAR 177-050-0002. (2) Annual Affidavit Required: (a) General: Beginning April 1, 2014, once each year and no earlier than thirty days prior to the anniversary of the original validation date, a prize winner of a Win for LifeSM Scratch-itSM ticket game top prize of $1,000 per month for life shall provide the Lottery with an affidavit on a form provided by the Lottery, signed by the prize winner, bearing the seal of a notary public, verifying the prize winner is living, containing the prize winner’s current address, and a bank account number to which the prize shall be paid. (b) Termination of Prize Payment: If a prize winner of a Win for LifeSM Scratch-itSM ticket game prize of $1,000 per month for life does not provide the Lottery with the annual affidavit described in subsection (2)(a) of this rule, then the Lottery shall not make the annual prize payment of $12,000 to the prize winner until the affidavit is received. Lottery shall retain that year’s annual prize payment for six years from the anniversary of the original validation date unless the affidavit is received. If the prize winner fails to provide an annual affidavit within the six-year period, that year’s annual prize payment shall constitute an unclaimed prize as described in OAR 177-010-0085 and shall be forfeited to the public purpose. (c) Interest: No interest shall be paid by the Lottery on the value of the prize during the period the prize remained unclaimed. (3) Garnishment for Child Support Owed: (a) Payment Less Garnishment Amounts: When a search of delinquent child support obligors performed pursuant to ORS 461.715 and OAR 177-010-0090 Child Support Validation Check results in a positive match with a prize winner receiving payments under the Win for LifeSM Scratch-itSM ticket game top prize of $1,000 per month for life and the Division of Child Support of the Department of Justice (DOJ) or its successor initiates garnishment proceedings, or upon receipt of garnishment proceedings from DOJ directed to the Lottery for monies due or to become due to a prize winner, the Lottery shall pay the prize winner the sum of the prize winner’s monthly payments from the date the Lottery placed the prize winner’s payments on hold to the prize winner’s next anniversary of the original validation date less any amounts withheld pursuant to the garnishment proceedings and applicable tax laws. (b) Subsequent Payments: The Lottery shall make any subsequent annual payments, less any amounts withheld pursuant to the garnishment proceedings and applicable tax laws, on the anniversary date of the validation of the prize or on the next business day following if the anniversary date is a Saturday, Sunday, holiday, or furlough closure day. (4) Death During a Payment Year: If a prize winner of a Win for LifeSM Scratch-itSM ticket game prize of $1,000 per month for life dies within a year for which a single annual prize payment has been paid prospectively to the winning player for that year, the prize could be overpaid. It is the policy of the Lottery that the difference between the prize that should have been paid based on the date of the death of the prize winner relative to the anniversary date of validation of the prize and the prize amount that was actually paid during the year in which the prize winner died will not be subject to reimbursement by the Lottery. If for any reason a prize payment is paid after the year in which the prize winner dies relative to the anniversary date of validation of the prize, the prize payment shall be subject to reimbursement to the Lottery.