ORS 243.482: Immunity of governmental agencies from liability for plan administration or investment of funds.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A civil action for damages may not be brought against the state, the State Treasurer, the Oregon Investment Council, the Public Employees Retirement Board, or the officers or employees of the board by reason of: (a) A breach of any duty in administering or investing of funds in the Deferred Compensation Fund; (b) A breach of any duty in administering or investing of the funds of participating local governments; or (c) Any losses suffered by a state plan participant or local plan participant or the beneficiaries of those participants because of the participant’s choice of an investment option available through the deferred compensation investment program established under ORS 243.421. (2) Any claim that the council, the board, the State Treasurer or the system, or any of their officers or employees, violated federal or state securities laws, including antifraud provisions, in the implementation or administration of ORS 243.401 to 243.507 is subject to the provisions of ORS 30.260 to 30.300. With respect to such claims, the state shall defend, save harmless and indemnify the State Treasurer, the system, members of the council, the board, and their officers and employees, as provided for other torts under the provisions of ORS 30.260 to 30.300. (3) The limitations on liability established by this section do not include an exemption from any liability that may be imposed under the provisions of ORS chapter 59. Except to the extent that the state deferred compensation plan and the deferred compensation investment program are exempted from registration and licensing requirements under ORS 243.421, ORS chapter 59 applies to the administration and investment of the Deferred Compensation Fund, the state deferred compensation plan, local government deferred compensation plans and the deferred compensation investment program. [1997 c.179 §18; 2011 c.9 §31]
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 243.421 — resolved
- ORS 243.401 — resolved
- 243.507 — resolved
- ORS 30.260 — resolved
- 30.300 — resolved
- ORS chapter 59 — target_record_not_published
Cited by
No inbound citations found.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors243.html