(1) If the Oregon Educators Benefit Board provides options under which an eligible employee may arrange coverage for family members under ORS § 243.866, the board shall allow coverage of an adult disabled child of the eligible employee if:

Terms Used In Oregon Statutes 243.869

  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(a) The eligible employee provides a statement from a physician certifying that the adult child has an ongoing disability that prevents the adult child from engaging in self-sustaining employment;

(b) The adult child was covered by a parent’s insurance immediately before the time the adult child exceeded the age for eligibility for coverage under the parent’s insurance; and

(c)(A) The eligible employee claims the adult child as a dependent of the eligible employee for tax purposes;

(B) The adult child files a tax return properly showing adjusted gross income that does not exceed 150 percent of the federal poverty level; or

(C) The eligible employee is the legal guardian of the employee’s adult child.

(2) As used in this section:

(a) ‘Disabled’ means to have a developmental disability, mental illness or a physical disability that began prior to the age of 26 and that prevents an individual from engaging in self-sustaining employment.

(b) ‘Self-sustaining employment’ means employment with annual earnings that exceed 150 percent of the federal poverty level. [2021 c.342 § 4]

 

243.869 was added to and made a part of 243.860 to 243.886 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.