OAR 836-075-0060: ERISA Exemption Registration

(1) A person who is required by ORS 744.714 to register with the Director annually, verifying the person’s status as qualifying under 744.704(1)(L) for the exemption from the licensing requirement for third party administrators in 744.702 and from all other provisions of 744.700 to 744.740, shall register with the Director annually. In the registration, the person shall certify that the person qualifies for the exemption because of the person’s status and shall inform the Director: (a) Of the person’s name, business address, mailing address if different from the business address, and telephone number; and (b) Whether the person is acting solely as an administrator of one or more single employers, union-bargaining (Taft-Hartley) plans, rural electric cooperatives or other bona fide employer benefit plans established by an employer or an employee organization, or both, for which the Insurance Code is preempted pursuant to the Employee Retirement Income Security Act of 1974. (2) If the Director determines that a person does not qualify for the exemption under ORS 744.704(1)(L), the person must obtain the license required under 744.702 in order to transact business as a third party administrator. [Publications: Publications referenced are available from the agency.]