(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: (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 parents insurance immediately before the time the adult child exceeded the age for eligibility for coverage under the parents 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 employees 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. Note: 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.
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