ORS 657B.430
Paid Family and Medical Leave Insurance Fund


(1)

The Paid Family and Medical Leave Insurance Fund is established in the State Treasury, separate and distinct from the General Fund. The Paid Family and Medical Leave Insurance Fund is declared to be a trust fund.

(2)

The fund consists of moneys deposited in the fund from contributions made under ORS 657B.150 (Contributions) and from penalties, fees, revenues and all other amounts deposited in or credited to the fund. Interest earned by the fund shall be credited to the fund.

(3)

Moneys in the fund are continuously appropriated to the Director of the Employment Department and may be used solely to carry out the purposes set forth in this chapter, including the payment of administrative costs and expenses that the director incurs in carrying out the provisions of this chapter. [2019 c.700 §39]
Note: Sections 1 to 3, chapter 66, Oregon Laws 2023, provide:
Sec. 1. Section 2 of this 2023 Act is added to and made a part of ORS chapter 657B. [2023 c.66 §1]
Sec. 2. Solvency of fund. (1) As used in this section:

(a)

“Grant” means a grant awarded under ORS 657B.200 (Employer assistance grants).

(b)

“Solvency of the fund” and “solvent” mean that the cumulative amount of contributions collected under the provisions of this chapter [ORS chapter 657B] and deposited in the fund are sufficient to pay, in full and in a timely manner, the benefits anticipated to be claimed by covered individuals under ORS 657B.090 (Claim for benefits), grants awarded under ORS 657B.200 (Employer assistance grants) and any costs and expenses associated with processing payments of the benefits and grant awards.

(2)

Notwithstanding any other provision under this chapter:

(a)

No later than August 11, 2023, the Director of the Employment Department shall determine whether the fund is solvent with respect to the benefits anticipated to be claimed and any grant moneys anticipated to be awarded on or after September 3, 2023.

(b)

If, pursuant to paragraph (a) of this subsection, the director determines that the fund is:

(A)

Solvent, the director shall commence paying benefits and any grant awards on September 3, 2023.

(B)

Insolvent, the director shall delay the start of benefit payments and grant awards until December 3, 2023, and make further quarterly determinations of the solvency of the fund under subsection (3) of this section.

(3)

Notwithstanding any other provision of this chapter:

(a)

Intentionally left blank —Ed.

(A)

If, pursuant to subsection (2) of this section, the director determines that the fund is insolvent, the director shall, on a quarterly basis, determine whether the fund is solvent with respect to the benefits anticipated to be claimed and any grants anticipated to be awarded beginning with the first week of the last month of the current calendar quarter.

(B)

Each quarterly determination shall be made no later than two weeks immediately following the date on which the combined quarterly reports are due under ORS 657B.150 (Contributions) (12).

(b)

If, pursuant to paragraph (a) of this subsection, the director determines that the fund is:

(A)

Solvent, the director shall commence paying benefits and any grant awards in accordance with paragraph (c) of this subsection.

(B)

Insolvent, the director shall continue making quarterly determinations of the solvency of the fund, as provided under paragraph (a) of this subsection, until the fund is determined to be solvent.

(c)

The director shall commence benefit payments and grant awards under this subsection beginning with the first week of the last month of the current calendar quarter or 30 days following the notice provided to employers and covered individuals under subsection (4) of this section regarding the commencement of benefits or grants, whichever is later.

(4)

The director shall provide at least 30 days’ advance notice to employers and covered individuals before commencing benefit payments or grants under subsection (3) of this section. [2023 c.66 §2]
Sec. 3. Section 2 of this 2023 Act is repealed on September 3, 2026. [2023 c.66 §3]

Source: Section 657B.430 — Paid Family and Medical Leave Insurance Fund, https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).

657B.005
Legislative findings
657B.010
Definitions
657B.015
Benefit eligibility
657B.020
Qualifying purposes for benefits
657B.023
Determining family member by reason of affinity
657B.025
Coordination of leave
657B.030
Use of other paid leave benefits in addition to paid family and medical leave insurance benefits
657B.040
Notice to employers prior to commencing leave
657B.050
Amount of benefits
657B.060
Job protection
657B.070
Denying leave
657B.080
False statements or failure to report material fact by employer
657B.090
Claim for benefits
657B.100
Allowing or denying claim
657B.110
Continuous jurisdiction of director
657B.130
Elective coverage for certain individuals
657B.150
Contributions
657B.175
Effect of place of performance of service
657B.180
Unlawful practices of employer
657B.190
Employer’s security for payment of contributions
657B.200
Employer assistance grants
657B.210
Equivalent plans, generally
657B.220
Director review of benefits provided under equivalent plan
657B.230
Application for reapproval of plan
657B.240
Withdrawal from plan
657B.250
Portability of benefits and retention of eligibility status between jobs
657B.260
Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan
657B.280
Delinquent contributions and improper benefit payments as liens on real or personal property
657B.290
Filing of lien statement or warrant
657B.300
Alternative remedies for collection of amounts liable to be repaid
657B.310
Release, compromise or satisfaction of lien
657B.320
Delinquent contributions or grant repayments
657B.330
Liability of certain officers, members, partners or employees for amounts in default
657B.332
False statements or failure to report material fact
657B.334
Ineligibility for benefits upon conviction of fraud in obtaining benefits
657B.335
Deduction of benefits paid in error not due to recipient fault
657B.336
Waiver of recovery of overpaid benefits
657B.337
Cancellation of unrecoverable benefit payments and amounts of interest or penalties due and unpaid
657B.338
Request for offset of moneys owed to debtor by Department of Revenue against certain amounts owed by debtor
657B.339
Authority of director to compromise or adjust contribution debts or overpayments
657B.340
Family and medical leave insurance program
657B.350
Third party administrator
657B.360
Determining number of employees employed by employer
657B.370
Computation and assessment of employer contributions and interest
657B.380
Advisory committee
657B.390
Employment records
657B.400
Confidentiality of information
657B.410
Appeals process, generally
657B.420
Appeals of decisions under equivalent employer plan
657B.425
Dismissal of request or application for hearing
657B.430
Paid Family and Medical Leave Insurance Fund
657B.440
Employer required to provide notice advising employees of rights and duties
657B.460
Construction of chapter
657B.470
Preemption of local laws relating to paid family and medical leave
657B.480
State agency assistance
657B.900
Criminal penalties
657B.910
Penalty when employer fails to file contribution reports or pay contributions when due
657B.920
Penalty when employer fails to file reports
657B.925
Penalties for employer violation of requirements applicable to employer-offered benefit plans

Current through early 2026

§ 657B.430. Paid Fam. & Med. Leave Ins. Fund's source at oregon​.gov