OAR 839-008-0020: Determining Benefits as Part of Compensation

For purposes of ORS 652.210 to 652.235 and these rules, an employer may provide different benefits as part of compensation to employees performing work of comparable character if: (1) The same benefit options are offered to all employees performing work of comparable character. For example, an employer may provide and pay for a more expensive health care policy that covers an employee and the employee’s spouse and dependent children, as compared to another employee performing work of comparable character that does not have a spouse or dependent children, so long as both employees are provided the same health care options. For another example, an employer may offer an array of benefit options to employees performing work of comparable character to select from, with or without cost caps, so long as each employee performing work of comparable character is offered the same options. (2) The cost of a bona fide benefit offered by an employer, but declined by an employee, may be considered as part of the total amount of compensation paid to the employee. For example, if an employee chooses not to take advantage of a health insurance policy offered by an employer because the employee is covered under their spouse’s plan, the cost of providing the benefit that would have been incurred by the employer to provide the employee with the benefit offered may be included as part of the employee’s total compensation rate for purposes of calculating the employee’s total compensation under this law.