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Oregon Bulletin

May 1, 2014

Oregon State Lottery, Chapter 177

Rule Caption: Affidavit, garnishment, and payment provisions for 1995-96 Win for Life Scratch-it game

Adm. Order No.: LOTT 1-2014

Filed with Sec. of State: 3-21-2014

Certified to be Effective: 4-6-14

Notice Publication Date: 3-1-2014

Rules Adopted: 177-094-0100

Subject: The Oregon Lottery has adopted an administrative rule regarding the Win for Life Scratch-it ticket game which began April 4, 1995 and ended February 29, 1996. This game had a top prize of $1,000 a month for the winner’s life (paid at $12,000 per year). At the time, there were no administrative rules or game rules on the ticket to address what happens after the 20-year guaranteed prize payment period expires to ensure that the prize winner is still alive and eligible to be paid the annual prize payment.

   The proposed rule retroactively applies to these tickets and require the prize winner(s) to submit an annual affidavit (starting with the 21st annual payment) to verify that the prize winner is alive and entitled to be paid the annual prize payment of $12,000. If a prize winner fails to provide the annual affidavit, that annual payment is forfeited and allocated to the benefit of the public purpose after six years if the prize winner fails to claim it within that time period.

   Unlike the current rules that apply to the Win for Life draw game, if the prize winner submits an affidavit at any time during those six years, the prize winner is entitled to be paid the prize payments that have accumulated. Interest will not be paid on any such prize payments.

   The rule includes the requirement that prize payments are decreased, consistent with a garnishment, when a child support garnishment applies.

   The rule also sets forth Lottery’s policy that if a winner dies during a payment year, an annual prize that was prospectively paid to the winner is not subject to reimbursement. If a prize is paid the year after the winner dies, however, the prize is subject to reimbursement of the Lottery. This is consistent with the Win for Life draw game.

Rules Coordinator: Mark W. Hohlt—(503) 540-1417

177-094-0100

Annual Affidavit Required for Prize Winners of the Win for LifeSM Scratch-itSM Ticket Game

This rule applies retroactively to the Win for LifeSM Scratch-itSM ticket game that began April 4, 1995 and ended February 29, 1996.

(1) Definitions: The definitions in OAR 177-094-0000 do not apply to this rule.

(a) “Original validation date” or “date of validation” is the date the Lottery determined that the prize winner’s Win for LifeSM Scratch-itSM ticket was valid and eligible for payment of the top prize of $1,000 per month for life.

(b) “Scratch-itSM” has the meaning set forth in OAR 177-050-0002.

(2) Annual Affidavit Required:

(a) General: Beginning April 1, 2014, once each year and no earlier than thirty days prior to the anniversary of the original validation date, a prize winner of a Win for LifeSM Scratch-itSM ticket game top prize of $1,000 per month for life shall provide the Lottery with an affidavit on a form provided by the Lottery, signed by the prize winner, bearing the seal of a notary public, verifying the prize winner is living, containing the prize winner’s current address, and a bank account number to which the prize shall be paid.

(b) Termination of Prize Payment: If a prize winner of a Win for LifeSM Scratch-itSM ticket game prize of $1,000 per month for life does not provide the Lottery with the annual affidavit described in subsection (2)(a) of this rule, then the Lottery shall not make the annual prize payment of $12,000 to the prize winner until the affidavit is received. Lottery shall retain that year’s annual prize payment for six years from the anniversary of the original validation date unless the affidavit is received. If the prize winner fails to provide an annual affidavit within the six-year period, that year’s annual prize payment shall constitute an unclaimed prize as described in OAR 177-010-0085 and shall be forfeited to the public purpose.

(c) Interest: No interest shall be paid by the Lottery on the value of the prize during the period the prize remained unclaimed.

(3) Garnishment for Child Support Owed:

(a) Payment Less Garnishment Amounts: When a search of delinquent child support obligors performed pursuant to ORS 461.715 and OAR 177-010-0090 Child Support Validation Check results in a positive match with a prize winner receiving payments under the Win for LifeSM Scratch-itSM ticket game top prize of $1,000 per month for life and the Division of Child Support of the Department of Justice (DOJ) or its successor initiates garnishment proceedings, or upon receipt of garnishment proceedings from DOJ directed to the Lottery for monies due or to become due to a prize winner, the Lottery shall pay the prize winner the sum of the prize winner’s monthly payments from the date the Lottery placed the prize winner’s payments on hold to the prize winner’s next anniversary of the original validation date less any amounts withheld pursuant to the garnishment proceedings and applicable tax laws.

(b) Subsequent Payments: The Lottery shall make any subsequent annual payments, less any amounts withheld pursuant to the garnishment proceedings and applicable tax laws, on the anniversary date of the validation of the prize or on the next business day following if the anniversary date is a Saturday, Sunday, holiday, or furlough closure day.

(4) Death During a Payment Year: If a prize winner of a Win for LifeSM Scratch-itSM ticket game prize of $1,000 per month for life dies within a year for which a single annual prize payment has been paid prospectively to the winning player for that year, the prize could be overpaid. It is the policy of the Lottery that the difference between the prize that should have been paid based on the date of the death of the prize winner relative to the anniversary date of validation of the prize and the prize amount that was actually paid during the year in which the prize winner died will not be subject to reimbursement by the Lottery. If for any reason a prize payment is paid after the year in which the prize winner dies relative to the anniversary date of validation of the prize, the prize payment shall be subject to reimbursement to the Lottery.

Stat. Auth.: ORS 461, 461.210, 461.220, 461.250, 461.715, OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461, 461.210, 461.220, 461.250, 461.715

Hist.: LOTT 1-2014, f. 3-21-14, cert. ef. 4-6-14


Rule Caption: Increases 8-spot Keno Jackpot Bonus prize amount; Eliminates Keno 6-spot and 7-spot Jackpot Bonus prizes

Adm. Order No.: LOTT 2-2014

Filed with Sec. of State: 3-21-2014

Certified to be Effective: 4-1-14

Notice Publication Date: 3-1-2014

Rules Amended: 177-099-0100

Subject: The Oregon Lottery has amended the above referenced administrative rule regarding the Keno Jackpot Bonus prize pools.

   The rule amendments will authorize the Lottery to increase the 8-spot Keno Jackpot Bonus prize by allocating 3.1% of gross Keno sales to a prize pool held in reserve as an additional prize for winners of the top prize in the 8-spot category.

   The amendments also authorize the Lottery to discontinue the 6-spot and 7-spot Keno Jackpot Bonus prizes. The money held in the prize pools under the prior version of the rule will roll into the prize pool for the 8-spot Jackpot Bonus prize under the current rule. The 6-spot and 7-spot prize pools are discontinued. The elimination of the 6-spot and 7-spot Jackpot Bonus prizes will result in an increased 8-spot Jackpot Bonus prize because the percentage of gross Keno sales that had been allocated for Jackpot Bonus prizes will no longer be split among three prize pools.

Rules Coordinator: Mark W. Hohlt—(503) 540-1417

177-099-0100

Keno Jackpot Bonus

(1) General:

(a) Jackpot Bonus Prizes: In addition to the prizes described in OAR 177-099-0080 and 177-099-0090, the Director may designate additional prizes for some or all of the Keno spot games. The Director may change this designation at any time. When the Director designates a spot game as eligible for such a prize, the Director shall determine the percentage of gross Keno sales (excluding sales of the Keno Multiplier option) to be allocated to a prize pool held in reserve as an additional prize for winners of the top prize in the designated spot game. A prize awarded from one of these prize pools is called a Jackpot Bonus prize. A Jackpot Bonus prize is awarded when a ticket wins the top prize for the designated spot under 177-099-0080 or 177-099-0090. If the Jackpot Bonus prize pool for a specific spot is not won, the Jackpot Bonus prize pool for that spot continues to grow.

(b) Director’s Discretion: When the Director exercises discretion to change the spot games eligible for a Jackpot Bonus prize, the Lottery will post notice of the Jackpot Bonus change on the Lottery’s website at www.oregonlottery.org seven calendar days in advance of such change. Lottery may also announce the change by any other reasonable means.

(c) Rollover: When the Director exercises discretion to remove a spot game from eligibility for a Jackpot Bonus prize, the Director shall rollover any funds held in the prize pool for that spot game into any other Jackpot Bonus prize pools as determined by the Director.

(2) Automatic Entry: If a game play on a ticket is for a spot game that has been designated by the Director as eligible for a Jackpot Bonus prize, the ticket is automatically playing for the Jackpot Bonus prize described under subsection (1)(a) of this rule, as well as a prize under either OAR 177-099-0080 or 177-099-0090. For example, if a Keno ticket with a 6-spot game play is the only Keno or Special Keno ticket to match 6 out of 6 of the winning numbers, that ticket, subject to ticket validation requirements, would win the top prize for the 6-spot under 177-099-0080 ($1,600) and the accumulated Jackpot Bonus prize for the 6-spot.

(3) Division of Jackpot Bonus Prize Pool: The prize money in the Jackpot Bonus prize pool for a specific spot for any given drawing is divided by the number of tickets winning the top prize for that spot under either OAR 177-099-0080 or 177-099-0090. The Jackpot Bonus prize pool is divided among those winning tickets on a pro-rata basis determined by the amount that each winning ticket played in the drawing in which the Jackpot Bonus prize was won. For example, if one Keno ticket wins the top prize for the 8-spot ($15,000) in a drawing, and was purchased for ten drawings at $3 per drawing, and one Special Keno ticket wins the top prize for the 8-spot ($25,000) in the same drawing, and was purchased for one drawing at $1, the holder of the Keno ticket would receive 75% of the prize in the Jackpot Bonus prize pool for the 8-spot and the holder of the Special Keno ticket would receive the remaining 25% of the prize in that Jackpot Bonus prize pool.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4) & ORS 461

Stats. Implemented: ORS 461.200

Hist.: LOTT 3-1999, f. 3-25-99, cert. ef. 4-4-99; LOTT 3-2002(Temp) f. & cert. ef. 2-4-02 thru 8-2-02; LOTT 7-2002, f. & cert. ef. 4-29-02; LOTT 19-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 30-2002, f. & cert. ef. 11-25-02; LOTT 3-2003(Temp), f. 3-28-03, cert. ef. 4-7-03 thru 9-30-03; LOTT 11-2003, f. & cert. ef. 6-30-03; LOTT 4-2009(Temp), f. & cert. ef. 8-26-09 thru 2-18-10; LOTT 3-2010, f. 1-29-10, cert. ef. 2-1-10; LOTT 1-2011, f. 2-25-11, cert. ef. 3-1-11; LOTT 2-2014, f. 3-21-14, cert. ef. 4-1-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

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