ORS 237.510
Collection of delinquent contributions
(1)
Upon failure of any public agency to remit contributions to the retirement board as provided by ORS 237.460 (Withholding and remitting of employees’ contributions) or pay its pro rata share as provided by ORS 237.500 (Administrative expenses) and determined by the board, the board may recover by action in a court of competent jurisdiction the amount due and unpaid.(2)
Any public agency delinquent in submitting remittances to the retirement board as provided in ORS 237.460 (Withholding and remitting of employees’ contributions) shall be charged interest on the total amount of remittance due from it at the rate of one percent per month or fraction thereof during which the agency is delinquent. Interest so paid shall be deposited in the Social Security Revolving Account and shall be used by the board in paying the expenses of administration and any penalties which the board may incur.(3)
In order to obtain prompt remittance of contributions and payment of obligations due under ORS 237.410 (Definitions for ORS 237.420 to 237.515) to 237.515 (Exclusion of contributions from biennial budget), the board, in the event of delinquency of any public agency entitled by law to share in the apportionment of any state revenues or funds, shall certify the amount of such delinquency to the Oregon Department of Administrative Services, which shall pay the claim out of any revenues or funds in the State Treasury apportioned to the delinquent public agency.(4)
In addition to the remedies otherwise provided under this section, the board may, by petition in usual form, apply to the circuit court for the county in which is located the public agency concerned, or the principal office or place of business of such public agency, for, and if warranted, to have issued, writs of mandamus to compel such public agency to supply to the board a true and complete list and employment records of such agency’s employees and all information concerning such employees that reasonably may be required and sought by the board in such petition. Such writs, among other things, shall direct the defendant therein to make such remittances as may appear, from records and information concerning such defendant’s employees, to be required by law. Either or both parties thereby aggrieved may appeal to the Court of Appeals from, or from any part of, the judgment of the circuit court given and made in such proceeding, as in ordinary mandamus proceedings. If the court allows the issuance of a peremptory writ, the court shall award reasonable attorney fees, costs and disbursements to the board. [Amended by 1953 c.192 §5(3); 1975 c.614 §7; 1981 c.541 §2; 1991 c.813 §11]
Source:
Section 237.510 — Collection of delinquent contributions, https://www.oregonlegislature.gov/bills_laws/ors/ors237.html.
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