Oregon Statutes 657.400 – Employment Department Special Fraud Control Fund; use of funds; Lost Wages Assistance benefit overpayments
(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Fraud Control Fund. The Employment Department Special Fraud Control Fund shall consist of moneys collected or received by the Employment Department as follows:
Terms Used In Oregon Statutes 657.400
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Benefits: means the money allowances payable to unemployed persons under this chapter. See Oregon Statutes 657.010
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- employment: includes service that is:
(a) Subject to the tax imposed by the Federal Unemployment Tax Act; or
(b) Required to be covered under this chapter as a condition for employers to receive a full tax credit against the tax imposed by the Federal Unemployment Tax Act. See Oregon Statutes 657.030
- Fraud: Intentional deception resulting in injury to another.
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
- wages: means all remuneration for employment, including the cash value, as determined by the Director of the Employment Department under the regulations of the director, of all remuneration paid in any medium other than cash. See Oregon Statutes 657.105
(a) Interest and penalties described under ORS § 657.310 (7)(b).
(b) All gifts to, interest on or profits earned by the Employment Department Special Fraud Control Fund.
(2) The moneys in the Employment Department Special Fraud Control Fund are continuously appropriated to the Employment Department and may not be appropriated, transferred or otherwise made available to any other state agency.
(3) All amounts in the Employment Department Special Fraud Control Fund shall be used for the following purposes, as included in the biennial budget of the Employment Department and approved by the Legislative Assembly:
(a) Administrative costs associated with the prevention, discovery and collection of unemployment benefit overpayments;
(b) Costs associated with the Lost Wages Assistance program administered by the department pursuant to a grant agreement with the Federal Emergency Management Agency under authority established by the presidential memorandum issued on August 8, 2020, on the subject of Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019; and
(c) Administrative costs associated with other benefit programs administered by the department.
(4) If, under subsection (3)(b) of this section, the Employment Department uses any amounts for the purpose of reimbursing the Federal Emergency Management Agency for overpayments of benefits under the Lost Wages Assistance program:
(a) Any amounts of overpayments collected from the debtor by the department shall be deposited in the Employment Department Special Fraud Control Fund.
(b)(A) The department may collect such overpayments under the provisions of this chapter as if the amounts were overpayments of regular benefits; or
(B) The Director of the Employment Department may waive collection of such overpayments if the director determines that it is administratively impracticable to pursue collection. [1997 c.372 § 9; 2007 c.87 § 5; 2013 c.703 § 4; 2021 c.259 § 1]
CONTRIBUTIONS BY EMPLOYERS; COVERAGE; RATE