PFMLI Rulemaking Advisory Committee Meeting Overview
The PFMLI Rulemaking Advisory Committee meeting on December 2, 2021, focused on receiving input on Batch 2 draft administrative rules and fiscal impacts before formal rulemaking. The meeting featured representatives from both employees and employers, discussing proposed administrative rules and timelines for implementation. Key topics included self-employed election, employer size, benefits, appeals, and more.
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Presentation Transcript
Paid Family and Medical Leave Insurance (PFMLI) Rulemaking Advisory Committee December 2, 2021 9 AM to 11:30 AM Anne Friend, OED Rules Coordinator Shannon Ball, PFMLI Operations and Policy Lead
Welcome! Purpose of today: Agency to receive input on PFMLI s Batch 2 draft administrative rules and fiscal impact statements before beginning the formal rulemaking process with SOS. Please use the chat section for access issues. If time allows, we will hear public comments at the end of the meeting. Please put your PFMLI questions/comments in the Q & A section. Please indicate in the Q & A section if you want to speak at the end of the meeting. Comments will be received in the order that attendees add their name to the Q & A section. Or, email your questions/comments to: OED_Rules@employ.Oregon.gov No PFMLI Batch 1 administrative rules, UI, or PUA benefit questions addressed today. This meeting is being recorded and will be retained as part of the rulemaking record. Support Business Promote Employment 2
PFMLI Rulemaking Advisory Committee Representing Employees: Linda Herrera, Pineros y Campesinos Unidos del Noroeste (PCUN) Andrea Paluso, Family Forward Oregon Eva Rippeteau, Oregon American Federation of State, County and Municipal Employees (AFSCME) Jessica Giannettino Villatoro, Oregon American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) Representing Employers: Amanda Dalton, Dalton Advocacy, Inc. Jenny Dresler, Public Affairs Counsel Eric Hunter, CareOregon Paloma Sparks, Oregon Business & Industry Support Business Promote Employment 3
Proposed PFMLI Administrative Rules Tentative Timeline Batch Description Contributions Self-employed Election (application, requirements, and termination) Employer Size, Assistance Grants Outreach rule 1 January 2022 Equivalent Plans 2 April 2022 Benefits Self-employed (benefits) Tribal Governments (application, requirements, benefits) 3 July 2022 Appeals 4 August 2022 Miscellaneous: any addition rules identified Definition rules (consolidate, as needed) 5 September 2022 Support Business Promote Employment Provide Impartial, Fair and Efficient Contested Case Hearing Services 4
Batch 2 Rule Notices 2.1 Wages: Definitions 2.2 Equivalent Plans Support Business Promote Employment 5
2.1 Wages: Definitions Wages Definitions Support Business Promote Employment 6
Wages Definition: Statement of Need Racial Equity Impact Fiscal and Economic Impact Small Business Impact Support Business Promote Employment 7
2.2 Equivalent Plans Definitions Application Requirements and Effective Date Plan Requirements Reporting Requirements Recordkeeping and Department Review Solvency Documentation, Deposit, Bond, or Letter of Credit Disputes between an Equivalent Plan Employer and Employee, Request for Hearing Termination by the Department Termination by Successor in Interest Employer Withdrawal Support Business Promote Employment 8
Equivalent Plan Fee Structure Reapproval (annually for first three years) with substantive changes, including switching insurance policies, changing from fully insured to employer administered or vice versa. $250 Reapproval (annually for first three years) with no changes at all $150 Reapproval (annually for first three years) with nonsubstantive changes $150 Substantive change in between required annual reapprovals or after three year reapproval process is complete $250 Nonsubstantive changes in between annual reapprovals or after the three year reapproval process is complete No charge Support Business Promote Employment 9
Equivalent Plan Fee Structure Nonsubstantive changes can be made at any time without a fee. Changes that are nonsubstantive include, but are not limited to: $150 fee with application for reapproval (No charge for nonsubstantive changes in between reapproval periods or after the three year reapproval requirement is complete) Updating solvency documents for employer administered plans; or Updating the application for an equivalent plan that does not amend the equivalent plan, includes, but is not limited to, the following: Changing business or contact information, or Changing the policy number or effective dates for a fully insured equivalent plan. Support Business Promote Employment 10
Equivalent Plan Fee Structure Substantive changes include, but are not limited to: $250 fee with an application for reapproval Changing from a fully insured equivalent plan to an employer administered equivalent plan; Changing from an employer administered equivalent plan to a fully insured equivalent plan; Changing the fully insured equivalent plan policy, regardless of whether the new equivalent plan is from the same insurance provider or another insurance provider; Changing the attestations on the equivalent plan; or Changing other provisions an employer administered equivalent plan, except changes that are nonsubstantive amendments, as described above. Support Business Promote Employment 11
Equivalent Plans: Statement of Need Racial Equity Impact Fiscal and Economic Impact Small Business Impact Support Business Promote Employment 12
Public Comments Please use the chat section for access issues. Please put your PFMLI questions/comments in the Q & A section. If you would like to speak, please indicate in the Q & A section that you would like to speak. Comments will be received in the order that attendees add their name to the Q & A section. Please indicated which rule or group of rules in Batch 2 you would like to comment on today. If you would like to provide comments on Batch 1 rules, please email your questions/comments to : OED_Rules@employ.Oregon.gov Support Business Promote Employment 13
PFMLI Formal Rulemaking Batch 2 Notice of Public Rulemaking: Published in the Oregon Bulletin: February 1, 2022 Batch 2 Public Hearings: February 23, 2022 (3-5 pm) and February 28, 2022 (9-11 am) Also, don t forget about these important dates for PFMLI Batch 1 rules: Batch 1 Public Hearing: December 9, 2021 (4-6 pm) Batch 1 Public Comment Period Closes: December 20, 2021 (5 pm) Support Business Promote Employment 14
PFMLI Formal Rulemaking OED Rules webpage is the official formal rulemaking page: www.oregon.gov/employ/Agency/Pages/OED%20Administrative%20Rules.aspx PFMLI webpage: www.oregon.gov/employ/PFMLI/Pages/default.aspx Email your questions/comments to: OED_Rules@employ.Oregon.gov Support Business Promote Employment 15
Thank you Support Business Promote Employment 16
