ORS 243.886: Limitations on district participation in benefit plans; exceptions.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Except as provided in subsections (2), (3) and (4) of this section, a district may not provide or contract for a benefit plan and eligible employees of districts may not participate in a benefit plan unless the benefit plan: (a) Is provided and administered by the Oregon Educators Benefit Board under ORS 243.860 to 243.886; or (b) Is offered through the health insurance exchange under ORS 741.310 (1)(b)(B). (2)(a) Except for community college districts, a district that was self-insured before January 1, 2007, or a district that had an independent health insurance trust established and functioning before January 1, 2007, may provide or contract for benefit plans other than benefit plans provided and administered by the board if the premiums for the benefit plans provided or contracted for by the district are equal to or less than the premiums for comparable benefit plans provided and administered by the board. (b) A community college district may provide or contract for benefit plans other than benefit plans provided and administered by the board. (c) In accordance with procedures adopted by the board to extend benefit plan coverage under ORS 243.864 to 243.874 to eligible employees of a self-insured district, a district with an independent health insurance trust or a community college district, these districts may choose to offer benefit plans that are provided and administered by the board. Once employees of a district participate in benefit plans provided and administered by the board, the district may not thereafter provide or contract for benefit plans other than those provided and administered by the board. (3)(a) A district, other than a district claiming the exception in subsection (2)(a) of this section, that has not offered benefit plans provided and administered by the board before June 23, 2009, may provide or contract for benefit plans other than benefit plans provided and administered by the board if the premiums for the benefit plans provided or contracted for by the district are equal to or less than the premiums for comparable benefit plans provided and administered by the board. Once employees of a district or an employee group within a district participates in benefit plans provided and administered by the board, the district may not thereafter provide or contract for benefit plans for those employees or employee groups other than those provided and administered by the board. (b) If requested by the district or a labor organization representing eligible employees of the district, the board shall perform an actuarial analysis of the district. (c) As used in this subsection, “district” does not include a community college district. (4) Nothing in ORS 243.860 to 243.886 may be construed to expand or contract collective bargaining rights or collective bargaining obligations. [2007 c.7 §14; 2009 c.474 §1; 2012 c.38 §§9,13; 2013 c.780 §§1,2; 2015 c.3 §38] PUBLIC UNIVERSITY SUPPLEMENTAL RETIREMENT BENEFITS
Official history and status
History: Note: See note under 243.860.
Administrative rules citing this section
- OAR 111-001-0005: Uniform and Model Rules of Procedure — authority
- OAR 111-002-0005: Powers and Duties of the Board — authority
- OAR 111-005-0020: Definitions — authority
- OAR 111-005-0042: Intermediate Procurement Process — authority
- OAR 111-005-0047: Renewal Process — authority
- OAR 111-005-0055: Responsible Proposer — authority
- OAR 111-005-0080: Contract Amendments — authority
- OAR 111-010-0015: Definitions — authority
- OAR 111-015-0001: Eligible Individuals — authority
- OAR 111-020-0001: Initial Employee Group Phase-in — implements
- OAR 111-020-0001: Initial Employee Group Phase-in — authority
- OAR 111-020-0010: Entities Electing to Join OEBB — authority
- OAR 111-030-0010: Medical, Pharmaceutical, Dental and Vision Plan Selection Criteria — authority
- OAR 111-030-0011: Bronze Medical Plan Offering — authority
- OAR 111-030-0035: Optional Benefit Plans Selection Criteria — authority
- OAR 111-030-0040: Long Term Care (LTC) Benefit Plan Selection Criteria — authority
- OAR 111-030-0045: Employee Assistance Program (EAP) Plan Selection Criteria — authority
- OAR 111-030-0046: Development of Health Savings Accounts (HSA) — authority
- OAR 111-030-0047: Development of Flexible Spending Accounts — authority
- OAR 111-030-0050: Premium Rate Structure Selection Process and Limitations — authority
- OAR 111-040-0001: Effective Dates — authority
- OAR 111-040-0005: Termination Dates — authority
- OAR 111-040-0011: Returning to Benefit Eligible Status — authority
- OAR 111-040-0015: Removing an Ineligible Individual from Benefit Plans — authority
- OAR 111-040-0020: Open Enrollment — authority
- OAR 111-040-0025: Correcting Enrollment and Processing Errors — authority
- OAR 111-040-0030: Late Enrollment — authority
- OAR 111-040-0040: Qualified Status Changes (QSCs) — authority
- OAR 111-040-0050: Declination of Coverage — authority
- OAR 111-040-0055: Surcharges — authority
- OAR 111-050-0001: Continuation of Group Medical and Dental Insurance Coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) — authority
- OAR 111-050-0010: Eligibility for Retiree Insurance Coverage — authority
- OAR 111-050-0015: Medical, Dental and Vision Termination Dates for Early Retirees — authority
- OAR 111-050-0016: Life and Accidental Death and Dismemberment Termination Dates for Early Retirees — authority
- OAR 111-050-0020: Initial Enrollment — authority
- OAR 111-050-0025: Effective Dates — authority
- OAR 111-050-0030: Correcting Enrollment and Processing Errors — authority
- OAR 111-050-0035: Late Enrollment — authority
- OAR 111-050-0045: Termination Dates — authority
- OAR 111-050-0050: Removing an Ineligible Individual from Benefit Plans — authority
- OAR 111-050-0060: Continuation of Coverage for Eligible Employees Covered under the Federal Family Medical Leave Act — authority
- OAR 111-050-0065: Continuation of Coverage for Eligible Employees Covered under the Oregon Family Leave Act — authority
- OAR 111-050-0070: Continuation of Coverage for Eligible Employees during an Approved Leave of Absence. — authority
- OAR 111-050-0075: Continuation of coverage for Eligible Employees on Active Military Service — authority
- OAR 111-050-0080: Portability and Conversion of Coverage — authority
- OAR 111-070-0075: Administration of SB 551 Program — authority
- OAR 111-080-0001: Payment Methods and Dates — authority
- OAR 111-080-0005: Overpayments and Underpayments — authority
- OAR 111-080-0030: Appeals and Administrative Reviews — authority
- OAR 111-080-0040: Eligibility and Policy Term Violations — Definitions — authority
- OAR 111-080-0045: Eligibility Violations — authority
- OAR 111-080-0050: Policy Term Violations — authority
- OAR 111-080-0055: Eligibility Verifications and Reviews — authority
- OAR 111-080-0060: Dependent Eligibility Verifications and Review Appeals — authority
- OAR 111-080-0070: Exempt Hospitals — authority
This rule cites
- ORS 243.860 — resolved
- 243.886 — resolved
- ORS 741.310 — resolved
- ORS 243.864 — resolved
- 243.874 — resolved
Cited by
- ORS 243.142: Application for federal waiver.
- ORS 243.252: Payment of cost for employees or retirees.
- ORS 243.860: Definitions for ORS 243.860 to 243.886.
- ORS 243.864: Duties; rules; contracts; personnel.
- ORS 243.878: Board authority with respect to health benefit plans; termination of participation.
- ORS 243.880: Oregon Educators Benefit Account; continuing appropriation; monthly deposits.
- ORS 243.882: Monthly participation assessment; purposes; maximum account balance.
- ORS 243.884: Oregon Educators Revolving Fund; continuous appropriation to board; purposes; rules; moneys paid into fund.
- ORS 741.310: Requirements for purchase of insurance through exchange and for participation of insurers in exchange.
- OAR 111-005-0015: Renewal, Screening and Selection for Benefits, Vendor and Personal Services Contracts
- OAR 111-005-0040: Extensive Procurement Process
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors243.html