ORS 243.428: Forfeited payments; use of moneys.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) If a warrant, check or order is issued for the payment of a deferred compensation benefit under the state deferred compensation plan, or for payment of a refund under the state deferred compensation plan, and the warrant, check or order is canceled, declared void or otherwise made unpayable, the payment shall be forfeited and the amount of the payment shall be returned or credited to the Deferred Compensation Fund. The amount forfeited may be used for the payment of administrative expenses of the state deferred compensation plan. Any amounts forfeited under this section shall be restored to the fund and paid to the payee, without interest, if the payee is located and files a claim for the benefit. The amount so paid shall be restored from other forfeited amounts or paid as an administrative expense of the state deferred compensation plan. The Public Employees Retirement Board may reissue the warrant, check or order for payment without bond if the payee is located after the warrant, check or order is canceled, declared void or otherwise made unpayable. Benefit payments forfeited under this subsection are not subject to ORS 98.302 to 98.436. (2) The amount of any warrant, check or order for the payment of employee benefit withdrawals or refunds under a local government deferred compensation plan that is canceled, declared void or otherwise made unpayable shall be credited to the account of the applicable local government deferred compensation plan held in the Deferred Compensation Fund. The state shall not be liable under this subsection to a payee, or to a payee’s beneficiaries, in the event a warrant, check or order for payment is not reissued to the payee or the payee’s beneficiaries. [1997 c.179 §7]
Administrative rules citing this section
- OAR 459-050-0000: Purpose and Authority — implements
- OAR 459-050-0001: Definitions — implements
- OAR 459-050-0005: Policy and Goals of Deferred Compensation Program — implements
- OAR 459-050-0030: Deferred Compensation Manager — implements
- OAR 459-050-0035: Assistance to the Oregon Investment Council and the State Treasurer — implements
- OAR 459-050-0037: Trading Restrictions — implements
- OAR 459-050-0050: Eligibility and Enrollment — implements
- OAR 459-050-0060: OSGP Designation of Beneficiary — implements
- OAR 459-050-0065: Beneficiary Predeceases or Disclaims Benefit — implements
- OAR 459-050-0070: Catch-Up Programs — implements
- OAR 459-050-0072: Military Leave Catch-up — implements
- OAR 459-050-0075: Distributions During Employment — implements
- OAR 459-050-0080: Distribution of Funds After a Severance of Employment — implements
- OAR 459-050-0090: Direct Rollover and Trustee-to-Trustee Transfer — implements
- OAR 459-050-0120: Self-Directed Brokerage Option — implements
- OAR 459-050-0150: Unforeseeable Emergency Withdrawal — implements
- OAR 459-050-0200: Court Orders — implements
- OAR 459-050-0210: Segregation of a Participant Account — implements
- OAR 459-050-0220: Distribution of an Alternate Payee Account — implements
- OAR 459-050-0230: Release of Information — implements
- OAR 459-050-0240: Deferred Compensation Program Notifications — implements
- OAR 459-050-0250: Fee for Administration of a Court Order — implements
- OAR 459-050-0300: Required Minimum Distribution Requirements — implements
- OAR 459-050-0310: Power of Attorney — implements
This rule cites
- ORS 98.302 — resolved
- 98.436 — resolved
Cited by
No inbound citations found.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors243.html