This chapter shall be known and may be cited
as the Employment Department Law. [Amended by 1959 c.583 §14; 1993 c.344
§2] As used in this chapter, unless the
context requires otherwise:
(1) “Base year” means the first four of the last five completed
calendar quarters preceding the benefit year.
(2) “Benefits” means the money allowances payable to unemployed
persons under this chapter.
(3) “Benefit year” means a period of 52 consecutive weeks
commencing with the first week with respect to which an individual files
an initial valid claim for benefits, and thereafter the 52 consecutive
weeks period beginning with the first week with respect to which the
individual next files an initial valid claim after the termination of the
individual’s last preceding benefit year except that the benefit year
shall be 53 weeks if the filing of an initial valid claim would result in
overlapping any quarter of the base year of a previously filed initial
valid claim.
(4) “Calendar quarter” means the period of three consecutive
calendar months ending on March 31, June 30, September 30 or December 31,
or the approximate equivalent thereof, as the Director of the Employment
Department may, by regulation, prescribe.
(5) “Contribution” or “contributions” means the taxes, as defined
in subsection (12) of this section, that are the money payments required
by this chapter, or voluntary payments permitted, to be made to the
Unemployment Compensation Trust Fund.
(6) “Educational institution,” including an institution of higher
education as defined in subsection (9) of this section, means an
institution:
(a) In which participants, trainees or students are offered an
organized course of study or training designed to transfer to them
knowledge, skills, information, doctrines, attitudes or abilities from,
by or under the guidance of an instructor or teacher;
(b) That is accredited, registered, approved, licensed or issued a
permit to operate as a school by the Department of Education or other
government agency, or that offers courses for credit that are
transferable to an approved, registered or accredited school;
(c) In which the course or courses of study or training that it
offers may be academic, technical, trade or preparation for gainful
employment in a recognized occupation; and
(d) In which the course or courses of study or training are offered
on a regular and continuing basis.
(7) “Employment office” means a free public employment office or
branch thereof, operated by this state or maintained as a part of a
state-controlled system of public employment offices.
(8) “Hospital” means an organization that has been licensed,
certified or approved by the Department of Human Services as a hospital.
(9) “Institution of higher education” means an educational
institution that:
(a) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(b) Is legally authorized in this state to provide a program of
education beyond high school;
(c) Provides an educational program for which it awards a
bachelor’s or higher degree, or provides a program that is acceptable for
full credit toward such a degree, a program of post-graduate or
post-doctoral studies, or a program of training to prepare students for
gainful employment in a recognized occupation; and
(d) Is a public or other nonprofit institution.
(10) “Nonprofit employing unit” means an organization, or group of
organizations, described in section 501(c)(3) of the Internal Revenue
Code that is exempt from income tax under section 501(a) of the Internal
Revenue Code.
(11) “State” includes, in addition to the states of the United
States of America, the District of Columbia and Puerto Rico. However, for
all purposes of this chapter the Virgin Islands shall be considered a
state on and after the day on which the United States Secretary of Labor
first approves the Virgin Islands’ law under section 3304(a) of the
Federal Unemployment Tax Act as amended by Public Law 94-566.
(12) “Taxes” means the money payments to the Unemployment
Compensation Trust Fund required, or voluntary payments permitted, by
this chapter.
(13) “Valid claim” means any claim for benefits made in accordance
with ORS 657.260 if the individual meets the wages-paid-for-employment
requirements of ORS 657.150.
(14) “Week” means any period of seven consecutive calendar days
ending at midnight, as the director may, by regulation, prescribe. The
director may by regulation prescribe that a “week” shall be “in,”
“within,” or “during” the calendar quarter that includes the greater part
of such week. [Amended by 1959 c.642 §1; 1961 c.252 §1; 1963 c.13 §1;
1969 c.597 §174; 1971 c.463 §1; 1977 c.241 §1; 1983 c.528 §1; 1993 c.344
§3; 2005 c.218 §3] As used in this chapter, unless the context
requires otherwise, “employee” means any person, including aliens and
minors, employed for remuneration or under any contract of hire, written
or oral, express or implied, by an employer subject to this chapter in an
employment subject to this chapter. “Employee” does not include a person
who volunteers or donates services performed for no remuneration or
without expectation or contemplation of remuneration as the adequate
consideration for the services performed for a religious or charitable
institution or a governmental entity. [Amended by 1999 c.734 §1] (1) As used in this chapter, unless the
context requires otherwise, “employing unit” means:
(a) Any individual or type of organization, including any
partnership, association, limited liability company, limited liability
partnership, trust, estate, joint stock company, insurance company or
corporation, whether domestic or foreign, or the receiver, trustee in
bankruptcy, trustee, or successor thereof, or the legal representative of
a deceased person, who has or had in its employ one or more individuals
performing services for it within this state.
(b) This state, including every state officer, board, commission,
department, institution, branch and agency of the state government.
(c) Any people’s utility district.
(d) Any political subdivision.
(e) Any Indian tribe or subdivision, subsidiary or business
enterprise wholly owned by an Indian tribe.
(2) All individuals performing services within this state for any
employing unit that maintains two or more separate establishments within
this state are deemed to be employed by a single employing unit for all
the purposes of this chapter, except that for the purposes of this
chapter each of the various agencies, boards, commissions, departments,
institutions and political subdivisions of this state shall be deemed
separate employing units. [Amended by 1955 c.655 §1; 1957 c.682 §1; 1959
c.398 §1; 1973 c.715 §1; 1977 c.295 §1; 1995 c.93 §37; 1997 c.646 §14;
2001 c.572 §1] (1) As used in this chapter, unless the context
requires otherwise, “employer” means any employing unit which employs one
or more individuals in an employment subject to this chapter in each of
18 separate weeks during any calendar year, or in which its total payroll
during any calendar quarter amounts to $225 or more.
(2) Whenever any helper, assistant or employee of an employer
engages any other person in the work which said helper, assistant or
employee is doing for the employer, with the employer’s actual,
constructive or implied knowledge, such employer shall, for all purposes
of this chapter, be deemed the employer of such other person, whether
such person is paid by the said helper, assistant or employee, or by the
employer. All persons employed by an employer in all of the employer’s
several places of employment maintained within the state shall be treated
as employed by a single employer for the purposes of this chapter.
[Amended by 1953 c.494 §1; 1955 c.655 §2; 1959 c.405 §1; 1971 c.463 §2;
1973 c.300 §1; 1975 c.257 §1; 1981 c.77 §1](1) As used in this chapter, unless the
context requires otherwise, and subject to ORS 657.035, 657.040 and
657.045 to 657.094, or any other section which excludes services from the
term “employment,” “employment” means service for an employer, including
service in interstate commerce, within or outside of the United States,
performed for remuneration or under any contract of hire, written or
oral, express or implied.
(2) Notwithstanding any other provisions of this chapter,
“employment” shall include service:
(a) Which is subject to the tax imposed by the Federal Unemployment
Tax Act; or
(b) Which is 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.
(3) Notwithstanding subsections (1) and (2) of this section,
“employment” does not include:
(a) Service performed in the employ of a school, college or
university, if such service is performed by a student who is enrolled and
is regularly attending classes at such school, college or university, or
by the spouse of such a student, if such spouse is advised at the time
such spouse commences to perform such service, that the employment of
such spouse to perform such service is provided under a program to
provide financial assistance to such student by such school, college, or
university, and such employment will not be covered by any program of
unemployment insurance.
(b) Service performed in the employ of a hospital, if such service
is performed by a patient of such hospital.
(c) Service performed as a student nurse in the employ of a
hospital or a nurses’ training school by an individual who is enrolled in
a nurses’ training school chartered or approved pursuant to the laws of
this state.
(d) Service performed by an individual who is enrolled at a
nonprofit or public educational institution which normally maintains a
regular faculty and curriculum and normally has a regularly organized
body of students in attendance at the place where its educational
activities are carried on as a student in a full-time program, taken for
credit at such institution, which combines academic instruction with work
experience, if such service is an integral part of such program, and such
program has been approved by the Director of the Employment Department,
and such institution has so certified to the employer, except that this
paragraph shall not apply to service performed in a program established
for or on behalf of an employer or group of employers.
(e) Service performed by a full-time student in the employ of an
organized camp described in section 3306(c)(20) of the Internal Revenue
Code:
(A) If such camp:
(i) Did not operate for more than seven months in the calendar year
and did not operate more than seven months in the preceding calendar
year; or
(ii) Had average gross receipts for any six months in the preceding
calendar year which were not more than 33-1/3 percent of its average
gross receipts for the other six months in the preceding calendar year;
and
(B) If such full-time student performed services in the employ of
such camp for less than 13 calendar weeks in such calendar year.
(4) As used in subsection (3)(e) of this section, an individual
shall be treated as a full-time student for any period:
(a) During which the individual is enrolled as a full-time student
at an educational institution; or
(b) Which is between academic years or terms if:
(A) The individual was enrolled as a full-time student at an
educational institution for the immediately preceding academic year or
term; and
(B) There is a reasonable assurance that the individual will be so
enrolled for the immediately succeeding academic year or term after the
period described in subparagraph (A) of this paragraph. [Amended by 1959
c.405 §2; 1971 c.463 §5; 1975 c.257 §2; 1981 c.77 §2; 1987 c.263 §1] (1)
The term “employment” includes an individual’s entire service, performed
within, or both within and without, this state if:
(a) The service is localized in this state; or
(b) The service is not localized in any state, and such service is
not covered under the unemployment compensation law of any other state,
the Virgin Islands or Canada, and
(A) The base of operations is in this state, or if there is no base
of operations, then the place from which the service is directed or
controlled is in this state, or
(B) The base of operations or place from which such service is
directed or controlled is not in any state in which some part of the
service is performed but the individual’s residence is in this state.
(2) Service performed within this state but not covered under
subsection (1) of this section is employment subject to this chapter if
taxes are not required and paid with respect to such services under an
unemployment insurance law of any other state or of the federal
government.
(3) Services not covered under subsection (1) of this section, and
performed entirely without this state, with respect to no part of which
taxes are required and paid under an unemployment insurance law of any
other state or of the federal government, are employment subject to this
chapter if the Director of the Employment Department approves the
election of the employer for whom such services are performed that the
entire service of such individual shall be employment subject to this
chapter. Such an election may be canceled by the employer by filing a
written notice with the director between January 1 and January 15 of any
year stating the desire of the employer to cancel such election or at any
time by submitting to the director satisfactory proof that the services
designated in such election are covered by an unemployment insurance law
of another state or of the federal government.
(4) Service is localized within this state if:
(a) The service is performed entirely within this state; or
(b) The service is performed both within and without this state,
but the service performed without the state is incidental to the
individual’s service within the state.
(5) Employment shall include the service of an individual who is a
citizen of the United States, performed outside the United States (except
in Canada or the Virgin Islands), in the employ of an American employer
(other than service which is “employment” under the provisions of
subsection (1) of this section or the parallel provisions of another
state’s law), if:
(a) The employer’s principal place of business in the United States
is located in this state; or
(b) The employer has no place of business in the United States, but
(A) The employer is an individual who is a resident of this state;
or
(B) The employer is a corporation which is organized under the laws
of this state; or
(C) The employer is a partnership or a trust and the number of the
partners or trustees who are residents of this state is greater than the
number who are residents of any one other state; or
(c) None of the criteria of paragraphs (a) and (b) of this
subsection is met but the employer has elected coverage in this state or,
the employer having failed to elect coverage in any state, the individual
has filed a claim for benefits, based on such service, under the law of
this state.
(6) An “American employer” for purposes of this section means a
person who is:
(a) An individual who is a resident of the United States; or
(b) A partnership if two-thirds or more of the partners are
residents of the United States; or
(c) A trust, if all of the trustees are residents of the United
States; or
(d) A corporation organized under the laws of the United States or
of any state.
(7) For the purposes of this section the term United States
includes the states, the District of Columbia, and the Commonwealth of
Puerto Rico. [Amended by 1971 c.463 §6; 1973 c.300 §2; 1977 c.295 §2](1) Services performed by an individual for remuneration are
deemed to be employment subject to this chapter unless and until it is
shown to the satisfaction of the Director of the Employment Department
that the individual is an independent contractor, as that term is defined
in ORS 670.600.
(2) A finding that an individual performed services for an
employing unit and earned less than the minimum amount necessary to
qualify for benefits under ORS 657.150 based on earnings from that
employing unit may not be considered in determining whether the service
is employment under subsection (1) of this section. [Amended by 1967
c.303 §1; 1981 c.895 §1; 1985 c.225 §1; 1989 c.762 §6; 2005 c.533 §4]
“Employment” does not include service performed by a person as a caddy at
a golf course in an established program for the training and supervision
of caddies under the direction of a person who is an employee of the golf
course. However, the provisions of this section do not apply to services
performed for:
(1) A nonprofit employing unit;
(2) This state;
(3) A political subdivision of this state; or
(4) An Indian tribe. [1993 c.494 §4; 2001 c.572 §2; 2005 c.218 §8](1) As used in
this chapter, “employment” does not include service performed for:
(a) A corporation by corporate officers who are directors of the
corporation, who have a substantial ownership interest in the corporation
and who are members of the same family if the corporation elects not to
provide coverage for those individuals. The election shall be in writing
and shall be effective on the first day of the calendar quarter in which
the request was submitted.
(b) A limited liability company by a member, including members who
are managers, as defined in ORS 63.001.
(c) A limited liability partnership by a partner as described in
ORS chapter 67.
(2) The provisions of this section do not apply to service
performed for:
(a) A nonprofit employing unit;
(b) This state;
(c) A political subdivision of this state; or
(d) An Indian tribe.
(3) As used in this section, “members of the same family” means
persons who are members of a family as parents, stepparents,
grandparents, spouses, sons-in-law, daughters-in-law, brothers, sisters,
children, stepchildren, adopted children or grandchildren. [1995 c.220
§2; 1997 c.646 §15; 1999 c.59 §195; 2001 c.572 §3; 2003 c.792 §1; 2005
c.218 §9] (1)
“Employment” does not include agricultural labor unless such labor is
performed after December 31, 1977, for an employing unit who:
(a) During any calendar quarter in the current calendar year or the
preceding calendar year paid remuneration in cash of $20,000 or more to
individuals employed in agricultural labor; or
(b) On each of 20 days during the current calendar year or the
preceding calendar year, each day being in a different calendar week,
employed in agricultural labor for some portion of the day (whether or
not at the same moment of time) 10 or more individuals.
(2) Notwithstanding subsection (1)(a) and (b) of this section,
“employment” does not include services performed before January 1, 1993,
by an individual who is an alien admitted to the United States to perform
agricultural labor pursuant to sections 214(c) and 101(a) (15) (H) of the
Immigration and Nationality Act.
(3) “Agricultural labor” does not include services performed for
the state or a political subdivision but does include all services
performed:
(a) On a farm, in the employ of any person, in connection with
cultivating the soil, or in connection with raising or harvesting any
agricultural or horticultural commodity, including the raising, shearing,
feeding, caring for, training and management of livestock, bees, poultry
and fur-bearing animals and wildlife.
(b) In the employ of the owner or tenant or other operator of a
farm, in connection with the operation, management, conservation,
improvement or maintenance of such farm and its tools and equipment, or
in salvaging timber or clearing land of brush and other debris left by a
hurricane, if the major part of such services is performed on a farm.
(c) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in section 15(g) of the
Federal Agricultural Marketing Act, as amended, or in connection with the
ginning of cotton, or in connection with the operation or maintenance of
ditches, canals, reservoirs or waterways not owned or operated for profit
used exclusively for supplying and storing water for farming purposes.
(d) In the employ of the operator or group of operators of a farm
or farms (or a cooperative organization of which such operator or
operators are members) in handling, planting, drying, packing, packaging,
processing, freezing, grading, storing or delivering to storage or to
market or to a carrier for transportation to market, in its
unmanufactured state, any agricultural or horticultural commodity, but
only if such operator or group of operators produced more than one-half
of the commodity, as measured by volume, weight or other customary means,
with respect to which such service is performed.
(4) Subsection (3)(d) of this section does not apply to service
performed in connection with:
(a) Commercial canning, commercial freezing or brining of cherries;
(b) Any agricultural or horticultural commodity after its delivery
to a terminal market for distribution for consumption; or
(c) Any activity enumerated in subsection (3)(d) of this section
when performed for an employer also engaged in any activity enumerated in
paragraph (a) or (b) of this subsection.
(5) “Farms,” as used in this section, includes stock, dairy,
poultry, fruit, fur-bearing animal, Christmas tree and truck farms,
plantations, orchards, ranches, nurseries, ranges, greenhouses or other
similar structures used primarily for the raising of agricultural or
horticultural commodities.
(6) For the purpose of this section, service in connection with the
raising of forestry-type seedlings is agricultural labor when performed
in a nursery.
(7)(a) For purposes of this chapter, and for services performed
after December 31, 1977, any individual who is a member of a crew
furnished by a crew leader to perform agricultural labor for any other
person shall be treated as an employee of such crew leader if:
(A) Such crew leader holds a valid certificate of registration
under the federal Migrant and Seasonal Agricultural Worker Protection
Act; or
(B) Substantially all the members of such crew operate or maintain
mechanized equipment which is provided by such crew leader; and
(C) Such individual is not an employee of such other persons under
the usual common law rules applicable in determining the
employer-employee relationship.
(b) Any individual who is furnished by a crew leader to perform
agricultural labor for any other person and who is not treated as an
employee of such crew leader under paragraph (a) of this subsection shall
be an employee of such other person and such other person shall be
treated as having paid cash remuneration to such individual in an amount
equal to the amount of cash remuneration paid to such individual by the
crew leader, either on behalf of the crew leader or on behalf of such
other person, for agricultural labor performed for such other person.
(c) For purposes of this subsection, the term “crew leader” means
an individual who:
(A) Furnishes individuals to perform agricultural labor for any
other person;
(B) Pays, either on behalf of the crew leader or on behalf of such
other person, the individuals so furnished by the crew leader for the
agricultural labor performed by them; and
(C) Has not entered into a written agreement with such other person
under which such individual is designated as an employee of such other
person. [Amended by 1955 c.655 §3; 1957 c.395 §1; 1971 c.463 §7; 1973
c.260 §1; 1977 c.446 §1; 1987 c.263 §2; 1989 c.631 §1; 1993 c.18 §141](1) As used in this
chapter, “employment” does not include:
(a) Transportation by motor vehicle of logs, poles and piling by
any person who both furnishes and maintains the vehicle used in such
transportation; or
(b) Transportation performed by motor vehicle for a for-hire
carrier by any person that leases their equipment to a for-hire carrier
and that personally operates, furnishes and maintains the equipment and
provides service thereto.
(2) For the purposes of this chapter, services performed in the
operation of a motor vehicle specified in subsection (1) of this section
shall be deemed to be performed for the person furnishing and maintaining
the motor vehicle.
(3) As used in this section “for-hire carrier” has the meaning
given that term in ORS 825.005.
(4) The provisions of subsections (1) and (2) of this section do
not apply to services performed for:
(a) A nonprofit employing unit;
(b) This state;
(c) A political subdivision of this state; or
(d) An Indian tribe. [1963 c.469 §2; 1987 c.891 §3; 1995 c.306 §39;
2001 c.572 §4; 2005 c.218 §10](1) “Employment” does not include services performed by
language translators or interpreters that are provided for others through
an agent or broker.
(2) The provisions of this section do not apply to services
performed for:
(a) A nonprofit employing unit;
(b) This state;
(c) A political subdivision of this state; or
(d) An Indian tribe. [1997 c.294 §2; 2001 c.572 §5; 2005 c.218 §11](1) “Employment” does not include:
(a) Domestic service performed in a private home, local college
club, or local chapter of a college fraternity or sorority unless such
service is performed for an employing unit who paid to individuals
employed in such domestic service cash remuneration of $1,000 or more in
a calendar quarter in the current calendar year or the preceding calendar
year.
(b) Child care service provided through the Department of Human
Services to an individual who is the recipient of public assistance.
(c) Service not in the course of the employer’s trade or business
or that does not promote or advance the trade or business of the employer
unless such service is performed in each of 18 weeks in a calendar year
or total payroll for such service is $225 or more during any calendar
quarter.
(d) Child care service provided in the home of the child care
provider by the provider.
(2) The provisions of subsection (1)(b) and (d) of this section do
not apply to services performed for:
(a) A nonprofit employing unit;
(b) This state;
(c) A political subdivision of this state; or
(d) An Indian tribe. [Amended by 1959 c.405 §3; 1975 c.156 §1; 1977
c.446 §2; 1993 c.444 §1; 1995 c.139 §1; 1997 c.58 §1; 2001 c.572 §6; 2005
c.218 §12] (1)
As used in this section:
(a) “Fish” includes fish or other forms of aquatic animal life.
(b) “Boat” includes one or, in the case of a fishing operation,
more than one boat.
(2) “Employment” does not include service performed by an
individual on a boat engaged in catching fish under an arrangement with
the owner or operator of the boat when, under the arrangement:
(a) The individual does not receive any cash remuneration other
than as provided in paragraph (c) of this subsection;
(b) Any cash remuneration does not exceed $100;
(c) The individual receives a share of the boat’s catch of fish or
a share of the proceeds from the sale of that catch; and
(d) The amount of the individual’s share depends on the amount of
the boat’s catch of fish, but only if the operating crew of the boat, or
each boat from which the individual receives a share in the case of a
fishing operation involving more than one boat, is normally made up of
fewer than 10 individuals. [1999 c.651 §2] (1) “Employment” includes an
individual’s entire service as an officer or member of a crew of an
American vessel wherever performed and whether in intrastate or
interstate or foreign commerce, if the employer maintains within this
state at the beginning of the pay period an operating office from which
the operations of the vessel are ordinarily and regularly supervised,
managed, directed and controlled.
(2) The term “employment” shall not include:
(a) Services performed as an officer or member of the crew of a
vessel not an American vessel; or
(b) Services performed by an individual not a United States citizen
on or in connection with an American vessel under a contract of service
which is not entered into within the United States and during the
performance of which the vessel does not touch a port of the United
States.
(3) “American vessel” means any vessel documented or numbered under
the law of the United States and includes any vessel which is neither
documented nor numbered under the laws of the United States nor
documented under the laws of any foreign country if its crew is employed
solely by one or more citizens or residents of the United States or
corporations organized under the laws of the United States or of any
state. [1961 c.349 §2; 1971 c.463 §8] (1)
“Employment” does not include service performed by a person in the employ
of a son, daughter, or spouse, and service performed by a child under the
age of 18 in the employ of the father or mother.
(2) “Employment” does not include service performed as foster care
parents certified by the Department of Human Services or approved by a
licensed child caring facility. [Amended by 1975 c.334 §1; 1987 c.857 §1]Note: Section 2, chapter 857, Oregon Laws 1987, provides:
Sec. 2. If the United States Secretary of Labor serves notice that
the provisions of ORS 657.060, as amended by section 1 of this Act, fail
to meet the requirements of the Social Security Act or the Federal
Unemployment Tax Act, then ORS 657.060 (2) shall no longer be of any
force or effect. [1987 c.857 §2] (1)
“Employment” does not include service performed in the employ of the
United States Government or any instrumentality of the United States,
except that if the Congress of the United States permits states to
require any instrumentalities of the United States to make payments into
an unemployment fund under a state unemployment insurance law, then, to
the extent permitted by Congress, and after the date such permission
becomes effective, this chapter shall be effective as to such
instrumentalities and as to services performed for such instrumentalities
in the same manner, to the same extent and on the same terms as to all
other employers, employing units, individuals and services. However, if
this state is not certified by the Secretary of Labor under section
3304(c) of title 26, United States Code, for any year, then the payments
required of such instrumentalities with respect to such year shall be
deemed to have been erroneously collected within the meaning of ORS
657.510 and shall be refunded by the Director of the Employment
Department from the fund in accordance with ORS 657.510.
(2) “Employment” does not include services that are performed in
the employ of the state, any political subdivision or instrumentality of
the state or an Indian tribe:
(a) As an elected public official.
(b) In a position that, under or pursuant to laws of this state or
tribal laws, is designated as a policymaking or advisory position the
performance of the duties of which ordinarily does not require more than
eight hours per week.
(c) As an employee serving on a temporary basis in case of fire,
storm, earthquake, flood or similar emergency.
(d) As a member of a legislative body or a member of the judiciary.
(e) By an inmate of a custodial or penal institution when such
services are performed for the custodial or penal institution in which
the inmate is confined.
(f) As a member of the Oregon Army National Guard or Oregon Air
National Guard.
(3) The provisions of ORS 657.425 permitting election of coverage
for services that do not constitute “employment” do not apply to services
performed as an elected public or tribal official.
(4) Notwithstanding the provisions of ORS 657.025, “employer” means
any state government, political subdivision or Indian tribe employing
unit. [Amended by 1955 c.655 §4; 1957 c.682 §2; subsection (2) enacted as
1957 c.682 §4; 1959 c.398 §2; 1959 c.665 §1; 1961 c.452 §1; 1969 c.275
§1; 1971 c.463 §9; 1973 c.715 §2; 1975 c.156 §2; 1977 c.446 §3; 2001
c.572 §7](1) As used in this chapter, “employment” does not include
service performed or participation by applicants, recipients,
beneficiaries, participants, trainees or volunteers:
(a) In a community work and training program, as defined in ORS
411.855.
(b) In an unemployment work-relief or work-training program when
the program is within the meaning of section 3309(b)(5) of the Federal
Unemployment Tax Act, as amended.
(c) In the Work Incentive Program, Title IV of the Social Security
Act (United States Public Law 90-248), as amended.
(d) In an AmeriCorps service program under the National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.).
(2) The exclusions stated in subsection (1)(b) and (c) of this
section do not apply to services performed by an individual participating
in a program that, by federal law or regulation, requires unemployment
insurance coverage to be provided to the individual. [1961 c.631 §6; 1965
c.291 §4; 1967 c.130 §9; 1975 c.107 §2; 1977 c.294 §2; 1979 c.267 §1;
1985 c.565 §87; 1987 c.857 §3; 2005 c.372 §1]
“Employment” does not include service performed for a nonprofit employing
unit by an individual receiving rehabilitation or remunerative work in a
facility conducted for the purpose of carrying out a program of
rehabilitation for individuals whose earning capacity is impaired by age
or physical or mental deficiency or injury, or providing remunerative
work for individuals who because of their impaired physical or mental
capacity cannot be readily absorbed in the competitive labor market.
[1971 c.463 §4; 1973 c.118 §1; 1977 c.446 §4; 1999 c.59 §196; 2005 c.218
§1]“Employment” does not include service performed under the
Railroad Unemployment Insurance Act (52 Stat. 1094).“Employment” does not include services
performed by an individual as a stringer, correspondent or photographer,
for print or broadcast media, who submits information, stories or
pictures by the piece or at a flat rate to newspapers, special
publications, television or radio if the individual is free from
direction and control over the means and manner of providing the
services. However, this section does not apply to services performed for
a nonprofit employing unit, as defined in ORS 657.072, for this state,
for a political subdivision of this state or for an Indian tribe. [2005
c.533 §9]Note: 657.078 was added to and made a part of ORS chapter 657 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. “Employment”
does not include service performed by an individual:
(1) In the delivery or distribution of newspapers or shopping news,
not including delivery or distribution to any point for subsequent
delivery or distribution.
(2) In the delivery or distribution of newspapers whose
remuneration primarily consists of the difference between the amount the
individual pays or is obligated to pay for the newspapers and the amount
the individual receives or is entitled to receive on distribution or
resale thereof. [Amended by 1975 c.257 §3]“Employment” does not include service
performed by any person as a newspaper advertising salesperson, real
estate broker, principal real estate broker, insurance producer or
securities salesperson or agent to the extent that the person is
compensated by commission. [Amended by 1965 c.131 §1; 1979 c.521 §2; 2001
c.300 §55; 2003 c.364 §53]“Employment” does
not include service performed:
(1) By individuals soliciting contracts for home improvements
including roofing, siding and alterations of private homes to the extent
that the remuneration consists of commissions, or a share of the profit
realized on each contract; or
(2) By individuals to the extent that the compensation consists of
commissions, overrides or a share of the profit realized on orders
solicited or sales resulting from the in-person solicitation of orders
for and making sales of consumer goods in the home. [1961 c.320 §2; 1977
c.101 §1]
“Employment” does not include service performed by an individual or
partnership in the wholesale distribution of petroleum products whose
remuneration for such service primarily consists of the difference
between the amount the individual or partnership pays or is obligated to
pay for the petroleum products and the amount the individual or
partnership receives or is entitled to receive from the sale thereof or
whose remuneration for such service primarily consists of commissions.
[Amended by 1961 c.252 §7]
“Employment” does not include service performed by individuals who, on a
temporary, part-time basis, demonstrate or give away samples of food
products, as part of an advertising or sales promotion for the product,
in stores that sell food at retail and who are not otherwise directly
employed by the manufacturer, distributor or retailer. [1987 c.891 §2](1) “Employment” does not include service performed
by an individual as a director, designer, performer, musician, technical
crew member, house or business person, contestant, beauty queen or member
of a court for or on behalf of a nonprofit organization in connection
with a symphony, opera, play, pageant, festival, rodeo or similar event
operated by such organization when the remuneration for such service
consists solely of a gratuity, prize, scholarship or reimbursement of
expenses.
(2) As used in this section:
(a) “Nonprofit organization” means an organization or group of
organizations described in sections 501(c)(3) to 501(c)(10) of the
Internal Revenue Code which is exempt from income tax under section
501(a) of the Internal Revenue Code.
(b) “Gratuity” means a voluntary return for a service and does not
include commissions or other amounts paid pursuant to an agreement
reached at the time the individual agrees to perform a service for the
organization.
(c) “Prize” means a reward received for winning a competition in a
pageant, festival, rodeo or similar event.
(d) “Scholarship” means a grant provided for the purpose of paying
part of the tuition or other costs of attending an educational
institution or institution of higher education and payable to the
institution of the individual’s choice.
(e) “Reimbursement for expenses” means a payment made in lieu of
salary to compensate an individual for transportation costs to the
location of the service and return, and ordinary living expenses while in
the vicinity of the event in which the individual is participating.
(f) “Contestant” means a person competing in a competition in a
pageant, festival, rodeo or similar event. [1981 c.636 §2; 1983 c.508 §15]
“Employment” does not include service performed by an individual in
connection with the transportation of the public for recreational
down-river boating activities on the waters of this state pursuant to a
federal permit when the person furnishes the equipment necessary for the
activity. As used in this section, “recreational down-river boating
activities” means those boating activities for the purpose of
recreational fishing, swimming or sightseeing utilizing a float craft
with oars or paddles as the primary source of power. [1981 c.444 §3] (1) As used in this chapter, unless the context
requires otherwise, “payroll” means and includes all wages paid to
employees in any employment subject to this chapter. However, for payroll
tax purposes pursuant to this chapter, “wages” excludes remuneration
received by an employee from each employer in any calendar year after
December 31, 1975, which is in excess of an amount obtained by
multiplying the average annual wage for the second preceding calendar
year by 0.80 and rounding the result to the nearest multiple of $1,000.
The average annual wage shall be determined by dividing the total wages
paid by subject employers during the year by the average monthly
employment reported by subject employers for the year. However, “payroll”
as used in this section shall not in any year be less than the amount in
effect during the preceding calendar year.
(2) The remuneration paid by an employer located in this state for
work performed in other states by an employee who works part of the time
in a calendar year in this and other states shall be included in
“payroll,” as defined in subsection (1) of this section, when the work in
said other states is covered by unemployment insurance laws. Proof of the
payment of payroll taxes on the wages of the employee while working in
such other states shall be in such manner as the Director of the
Employment Department shall prescribe. [Amended by 1955 c.655 §6; 1959
c.606 §1; 1965 c.205 §1; 1971 c.463 §10; 1973 c.300 §3; 1973 c.810 §1;
1975 c.354 §1; 1983 c.508 §2; 1995 c.79 §331]Note: The amendments to 657.095 by section 4, chapter 183, Oregon
Laws 2005, apply to unemployment insurance tax reporting periods
beginning on or after January 1, 2007. See section 10, chapter 183,
Oregon Laws 2005. The text that applies to reporting periods beginning on
or after January 1, 2007, is set forth for the user’s convenience.
657.095. (1) As used in this chapter, unless the context requires
otherwise, “payroll” means all wages paid to employees in any employment
subject to this chapter. However, for payroll tax purposes pursuant to
this chapter, “wages” excludes remuneration received by an employee from
each employer in any calendar year that is in excess of an amount
obtained by multiplying the average annual wage for the second preceding
calendar year by 0.80 and rounding the result to the nearest multiple of
$100. The average annual wage shall be determined by dividing the total
wages paid by subject employers during the year by the average monthly
employment reported by subject employers for the year. However, a
payroll, as calculated pursuant to this section, may not in any year be
less than the amount in effect during the preceding calendar year.
(2) The remuneration paid by an employer located in this state for
work performed in other states by an employee who works part of the time
in a calendar year in this and other states shall be included in payroll
when the work in the other states is covered by unemployment insurance
laws. The Director of the Employment Department shall prescribe the
manner of providing proof of the payment of payroll taxes on the wages of
an employee earned while working in other states. As used in this chapter, “political
subdivision” means any county, city, district organized for public
purposes, or any other political subdivision or public corporation,
including any entity organized pursuant to ORS 190.003 to 190.620. [1957
c.682 §5; 1977 c.446 §5] (1) An individual is deemed
“unemployed” in any week during which the individual performs no services
and with respect to which no remuneration for services performed is paid
or payable to the individual, or in any week of less than full-time work
if the remuneration paid or payable to the individual for services
performed during the week is less than the individual’s weekly benefit
amount.
(2) For the purposes of ORS 657.155 (1), an individual who performs
full-time services in any week for an employing unit is not unemployed
even though remuneration is neither paid nor payable to the individual
for the services performed; however, nothing in this subsection shall
prevent an individual from meeting the definition of “unemployed” as used
in this section solely by reason of the individual’s performance of
volunteer services without remuneration for a charitable institution or a
governmental entity.
(3) The Director of the Employment Department shall prescribe rules
as the director deems necessary with respect to the various types of
unemployment. [Amended by 1981 c.77 §3] (1) As used in this chapter, unless the
context requires otherwise, and subject to ORS 657.115 to 657.140,
“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.
(2) Notwithstanding the provisions of subsection (1) of this
section, noncash remuneration paid for services performed in agricultural
labor or domestic service shall not be considered remuneration or wages
for any purpose under this chapter. [Amended by 1975 c.257 §4; 1977 c.446
§6] (1) “Wages” does not
include the amount of any payment made to, or on behalf of, an individual
or any of the individual’s dependents on account of:
(a) Retirement.
(b) Sickness or accident disability under a workers’ compensation
law.
(c) Medical or hospitalization expenses in connection with sickness
or accident disability.
(d) Death.
(e) Dependent care assistance furnished pursuant to a program that
meets the requirements of section 129(d) of the Internal Revenue Code, to
the extent the assistance does not exceed the earned income limitation in
section 129(b) of the Internal Revenue Code.
(2) For purposes of this section, “payment made” includes amounts
paid by an employing unit for insurance or annuities or into a fund.
(3) This section does not apply unless the payment is made under a
plan or system established by an employing unit which makes provision
generally:
(a) For individuals performing service for it or for such
individuals generally and their dependents; or
(b) For a class or classes of such individuals or for a class or
classes of such individuals and their dependents.
(4) As used in this section, “Internal Revenue Code” means the
federal Internal Revenue Code as amended and in effect on December 31,
2004. [Amended by 1981 c.77 §4; 1983 c.508 §3; 1991 c.803 §1; 2005 c.283
§1] “Wages” as used
in ORS 657.105 shall include:
(1) The amount of any tax imposed upon an employee and paid by an
employer pursuant to paragraphs 6 of sections 3121(a) and 3306(b) of the
Internal Revenue Code of 1954 as amended by the Omnibus Reconciliation
Act of 1980.
(2) Tips reported by the employer pursuant to section 3306 of the
Internal Revenue Code of 1954, as amended. [Amended by 1981 c.77 §9; 1983
c.508 §4; 1985 c.507 §2] “Wages” does not
include the amount of any payment made by an employing unit on behalf of
an individual performing service for it for insurance or annuities, or
into a fund, to provide for any such payment, on account of retirement.
[Amended by 1981 c.77 §5] “Wages” does not
include the amount of any payment made on account of sickness or accident
disability, or medical or hospitalization expenses in connection with
sickness or accident disability, by an employing unit to, or on behalf
of, an individual performing service for it after the expiration of six
calendar months following the last calendar month in which the individual
worked for such employing unit. [Amended by 1981 c.77 §6]“Wages” does not include the amount of any payment made by an
employing unit to, or on behalf of, an individual performing service for
it, or the individual’s beneficiary:
(1) From or to a trust exempt from tax under section 401(a) of the
United States Code at the time of such payment unless such payment is
made to an individual performing service for the trust as remuneration
for such service and not as a beneficiary of the trust; or
(2) Under or to an annuity plan which, at the time of such payment,
meets the requirements of section 401(a) of the United States Code.
[Amended by 1973 c.300 §4; 1981 c.77 §7] “Wages”
does not include the amount of any payment, other than vacation or sick
pay, made to an individual after the month in which the individual
attains the age of 65 years, if the individual did not work for the
employing unit in the period for which such payment is made. [Amended by
1981 c.77 §8]As used in this chapter, “wages” or
“remuneration” does not include the amount or value of public assistance
provided in cash or in kind in consequence of participation in a
community work and training program, as defined in ORS 411.855. [1961
c.631 §7; 1965 c.291 §5; 1967 c.130 §10]BENEFITS AND CLAIMS(Income Tax Consequences of Benefits)An individual filing a new claim for benefits under this
chapter shall, at the time the claim is filed with the Employment
Department, be advised that:
(1) Benefits are subject to federal and state income tax;
(2) Federal and state law may require that a recipient of benefits
make quarterly estimated tax payments during the tax year in which the
benefits are received;
(3) Federal and state law may impose penalties on a recipient of
benefits for the failure to timely make estimated tax payments; and
(4) A recipient of benefits may elect under ORS 657.146 to have
amounts withheld from the recipient’s payment of benefits for federal and
state income tax purposes at the amount specified in:
(a) The federal Internal Revenue Code for the voluntary withholding
of unemployment benefits for federal income tax purposes; and
(b) ORS 657.146 for the voluntary withholding of unemployment
benefits for state income tax purposes. [1995 c.556 §54; 1997 c.133 §1] (1) A claimant
may elect to have an amount withheld from benefits otherwise payable to
the claimant.
(2) An election made under this section shall be on such form and
in such manner as prescribed by the Employment Department.
(3) A claimant making an election under this section may terminate
the election at any time.
(4) The amount to be withheld by the Employment Department from a
payment of benefits to a claimant making the election under this section
shall be the total of:
(a) The amount determined under the rules of the federal Internal
Revenue Code relating to the voluntary withholding of amounts from
unemployment benefits, for federal income tax purposes; and
(b) An amount equal to six percent of the payment to which the
claimant would be entitled but for the election made under this section,
for state income tax purposes.
(5) Amounts withheld by the Employment Department pursuant to an
election made under this section shall remain in the Unemployment
Compensation Trust Fund established under ORS 657.805. Those amounts
allocable to federal income tax withholding shall be transferred by the
Employment Department to the federal Internal Revenue Service in the time
and manner provided by federal law and those amounts allocable to state
income tax withholding shall be transferred to the Department of Revenue
in the time and manner provided by the Department of Revenue by rule.
[1995 c.556 §55; 1997 c.133 §2]For purposes of ORS 657.144 and 657.146, the
Employment Department shall follow the procedures and regulations adopted
by the United States Department of Labor and the federal Internal Revenue
Service that relate to the collection and payment of federal income tax
withholding amounts on benefits paid to individuals under this chapter.
[1995 c.556 §56; 1997 c.133 §3](Generally)(1) An individual shall be paid
benefits for weeks during the benefit year in an amount which is to be
determined by taking into account the individual’s work in subject
employment in the base year as provided in this section.
(2)(a) To qualify for benefits an individual must have:
(A) Worked in subject employment in the base year with total base
year wages of $1,000 or more and have total base year wages equal to or
in excess of one and one-half times the wages in the highest quarter of
the base year; and
(B) Have earned wages in subject employment equal to six times the
individual’s weekly benefit amount in employment for service performed
subsequent to the beginning of a preceding benefit year if benefits were
paid to the individual for any week in the preceding benefit year.
(b) If the individual does not meet the requirements of paragraph
(a)(A) of this subsection, the individual may qualify for benefits if the
individual has worked a minimum of 500 hours in employment subject to
this chapter during the base year.
(3) If the wages paid to an individual are not based upon a fixed
period of time or if wages are paid at irregular intervals or in such
manner as not to extend regularly over the period of employment, for the
purposes of subsections (2) to (5) of this section, the individual’s
wages shall be allocated in accordance with rules prescribed by the
Director of the Employment Department. Such rules shall, insofar as
possible, produce results the same as those which would exist if the
individual had been paid wages at regular intervals. The director may
adopt rules to attribute hours of work to an individual if the individual
is not paid on an hourly basis or if the employer does not report the
number of hours worked.
(4) An eligible individual’s weekly benefit amount shall be 1.25
percent of the total wages paid in the individual’s base year. However,
such amount shall not be less than the minimum, nor more than the maximum
weekly benefit amount.
(a) The minimum weekly benefit amount shall be 15 percent (0.1500)
of the state average weekly covered wage for the preceding calendar year,
effective for any benefit year commencing on and after the week which
includes July 4, 1975, and the week that includes each July 4 thereafter.
(b) The maximum weekly benefit amount shall be:
(A) Fifty-five percent (0.5500) of the state average weekly covered
wage for calendar year 1979, effective for any benefit year commencing
with and after the week which includes July 4, 1980, and through any
benefit year commencing with the week which includes June 27, 1981.
(B) Fifty-five percent (0.5500) of the state average weekly covered
wage for calendar year 1980, effective for any benefit year commencing
with and after the week which includes July 4, 1981, through any benefit
year commencing with the week which includes September 27, 1981.
(C) Fifty-eight percent (0.5800) of the state average weekly
covered wage for calendar year 1980, effective for any benefit year
commencing with and after the week which includes October 4, 1981,
through any benefit year commencing with the week which includes June 27,
1982.
(D) Sixty percent (0.6000) of the state average weekly covered wage
for calendar year 1981, effective for any benefit year commencing with
and after the week which includes July 4, 1982, through any benefit year
commencing with the week which includes June 27, 1983.
(E) Sixty-four percent (0.6400) of the state average covered weekly
wage for the preceding calendar year, effective for any benefit year
commencing with and after the week which includes July 4, 1983, and the
week which includes each July 4 thereafter.
(c) All weekly benefit amounts, if not a multiple of $1, shall be
computed to the next lower multiple of $1.
(d) For the purposes of this subsection, the state average weekly
covered wage means an amount determined by the Employment Department by
dividing the total wages paid by subject employers during the year by 52
times the average monthly employment reported by subject employers for
the year.
(5) Benefits paid to an eligible individual in a benefit year shall
not exceed 26 times the individual’s weekly benefit amount, or one-third
of the base year’s wages paid, whichever is the lesser. If such amount is
not a multiple of $1, it shall be computed to the next lower multiple of
$1.
(6) An eligible unemployed individual who has employment in any
week shall have the individual’s weekly benefit amount reduced by the
amount of earnings paid or payable that exceeds whichever is the greater
of the following amounts:
(a) Ten times the minimum hourly wage established by the laws of
this state; or
(b) One-third of the individual’s weekly benefit amount.
(7) Payment which has been, is or will be paid to an individual for
a holiday or vacation shall be considered as earnings in the
determination of the amount of benefits payable with respect to the week
in which the holiday or vacation falls in the same manner as provided in
subsection (6) of this section. However, if payment for the holiday or
vacation is paid more than 45 days prior to the holiday or vacation or is
delayed more than 45 days following the end of the week in which the
holiday or vacation falls, the provisions of this section do not apply
and previously reduced benefits shall be adjusted accordingly.
(8) Payment which has been, or will be made to an individual as a
member of a reserve component of the Armed Forces of the United States,
including the organized militia of the State of Oregon, for the
performance of inactive duty training shall not be considered as earnings
in the determination of the amount of benefits payable. [1955 c.655 §15;
1957 c.699 §1; 1959 c.567 §1; 1961 c.211 §1; 1963 c.441 §1; 1967 c.434
§1; 1969 c.569 §1; 1971 c.463 §13; 1971 c.521 §1; 1973 c.146 §1; 1973
c.535 §1; 1975 c.661 §2; 1977 c.670 §1; 1981 c.77 §10; 1981 c.751 §1;
1983 c.51 §1; 1987 c.257 §1; 1989 c.897 §1; 1995 c.104 §1; 1995 c.105 §4;
1995 c.153 §1] Notwithstanding
any other provision of this chapter to the contrary, any amount of
unemployment compensation payable to any individual for any week if not
an even dollar amount, shall be rounded to the next lower full dollar
amount. [1983 c.51 §4] (1) An unemployed
individual shall be eligible to receive benefits with respect to any week
only if the Director of the Employment Department finds that:
(a) The individual has registered for work at and thereafter has
continued to report at an employment office in accordance with such rules
as the director may prescribe. However, the director may, by rule, waive
or alter either or both of the requirements of this subsection as to
individuals attached to regular jobs and as to such other types of cases
or situations with respect to which the director finds that compliance
with such requirements would be oppressive, or would be inconsistent with
the purposes of this chapter; provided, that no such rule conflicts with
ORS 657.255.
(b) The individual has made a claim for benefits with respect to
such week in accordance with ORS 657.260.
(c) The individual is able to work, is available for work, and is
actively seeking and unable to obtain suitable work. No individual
participating in a community work and training program, as defined in ORS
411.855, shall, solely by reason thereof, be unavailable for work within
the meaning of this section.
(d) The individual has been unemployed for a waiting period of one
week.
(e) The individual is not disqualified from benefits or ineligible
for benefits under any other section of this chapter.
(f) The individual is qualified for benefits under ORS 657.150.
(2) An individual who leaves the normal labor market area of the
individual for the major portion of any week is presumed to be
unavailable for work within the meaning of this section. This presumption
may be overcome if the individual establishes to the satisfaction of the
director that the individual has conducted a bona fide search for work
and has been reasonably accessible to suitable work in the labor market
area in which the individual spent the major portion of the week to which
the presumption applies.
(3) The director shall either promptly allow credit or pay benefits
for any week for which benefits are claimed or promptly give notice of
denial thereof in the manner provided in ORS 657.267 and 657.268.
[Amended by 1955 c.655 §7; 1961 c.631 §8; 1967 c.130 §11; 1973 c.398 §1;
1977 c.295 §3; 1979 c.521 §1; 1993 c.778 §11] (1)
The Employment Department shall:
(a) Identify eligible individuals who are likely to exhaust
benefits payable under ORS 657.150 and who will need reemployment service
assistance to make a successful transition to new employment; and
(b) Refer individuals identified under paragraph (a) of this
subsection for any reemployment services available under state or federal
law. Such services may include job search assistance, job placement
services, counseling, testing, providing occupational and labor market
information, assessment and referrals to employers.
(2) An eligible unemployed individual shall be eligible to receive
benefits with respect to any week only if the individual participates in
reemployment services including but not limited to job search assistance
services, if the individual has been determined to be likely to exhaust
regular benefits and to need reemployment services pursuant to a
profiling system established by the Director of the Employment
Department, unless the director determines that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the individual’s failure to
participate in such services.
(3) In adopting rules to carry out the provisions of this section,
the director, insofar as practicable, shall comply with rules and
policies of the United States Department of Labor. [1995 c.193 §2]Note: 657.156 was added to and made a part of ORS chapter 657 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) As used in this section:
(a) “Regular benefits” means benefits payable to an individual
under this chapter, including benefits payable to federal civilian
employees and to ex-servicemembers under 5 U.S.C. chapter 85, but not
including additional benefits or extended benefits payable under ORS
657.321 to 657.329 or 657.331 to 657.334.
(b) “Self-employment assistance activities” means activities
approved by the Director of the Employment Department in which
individuals, identified under ORS 657.156 as likely to exhaust benefits,
participate for the purpose of enabling those individuals to establish a
business and become self-employed. “Self-employment assistance
activities” includes, but is not limited to, entrepreneurial training,
business counseling and technical assistance.
(c) “Self-employment assistance allowance” means an amount, payable
in lieu of regular benefits under this chapter, to an individual
participating in self-employment assistance activities in accordance with
this section. Self-employment assistance allowance amounts shall be paid
from the Unemployment Compensation Benefit Fund.
(2) The weekly amount of the self-employment assistance allowance
payable to an individual is equal to the weekly regular benefit amount.
The sum of the self-employed assistance allowance paid under this section
and the regular benefits paid under this chapter with respect to any
benefit year shall not exceed the maximum benefit amount payable under
ORS 657.150 (5) with respect to that benefit year.
(3) The self-employment assistance allowance shall be payable to an
individual at the same intervals and on the same terms and conditions as
regular benefits under this chapter except that:
(a) The provisions of this chapter regarding being available for
work, actively seeking work and refusing to accept suitable work are not
applicable to such an individual.
(b) The provisions of ORS 657.150 (6) relating to remuneration for
services performed are not applicable to income earned from
self-employment by such an individual.
(c) An individual participating in self-employment assistance
activities shall be considered to be unemployed under ORS 657.100.
(d) An individual who fails to participate in self-employment
assistance activities or who fails actively to engage on a full-time
basis in establishing a business and becoming self-employed is ineligible
to receive the self-employment assistance allowance for each week in
which such failure occurs.
(4) The number of individuals receiving the self-employment
assistance allowance at any time shall not exceed five percent of the
number of individuals receiving regular benefits.
(5) The self-employment assistance allowance shall be charged to
employers in the manner provided in this chapter for the charging of
regular benefits.
(6) In adopting rules to carry out the provisions of this section,
the director, insofar as practicable, shall comply with rules and
policies of the United States Department of Labor.
(7) The provisions of this section apply to weeks beginning after
the date of enactment of federal law authorizing this section or the date
of any required plan adopted by the United States Department of Labor,
whichever date is later. The authority under this section terminates at
the end of the week preceding the date when federal law no longer
authorizes this section, unless that date is on a Saturday in which case
the authority terminates on that date. [1995 c.193 §3]Note: 657.158 was added to and made a part of ORS chapter 657 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) To satisfy the registration requirements of ORS
657.155 (1), an unemployed individual who submits a claim for benefits,
at the request of the Director of the Employment Department or an
authorized representative of the director, shall submit to the Oregon
State Employment Service information regarding the individual’s job
qualifications, training and experience as the director or an authorized
representative of the director deems necessary to carry out job placement
and counseling services for the individual.
(2) Information submitted by an individual pursuant to the
provisions of subsection (1) of this section shall be promptly used by
the Oregon State Employment Service for matching against available job
openings retained in Employment Department records. The results shall be
made available to department placement personnel who will refer the
claimant to any available, suitable job opening for which the individual
qualifies, provided the referral is not in conflict with federal or state
law.
(3) In determining the amount and type of information an individual
must submit to satisfy the requirements of subsection (1) of this
section, the director or an authorized representative of the director
shall consider, among other factors, the individual’s employer
affiliation, the anticipated and actual duration of the individual’s
period of employment, union membership and union hiring practices, state
and local labor market conditions and information from past or
prospective employers of the individual.
(4) When this chapter requires individuals or employers to furnish
information in writing or require a signed document or signature, the
director may waive those requirements to implement the Employment
Department Information Network project. [1979 c.149 §2; 1993 c.778 §20] No week
shall be counted as a week of unemployment for the purposes of ORS
657.155 (1)(d):
(1) Unless it occurs within the benefit year that includes the week
for which the unemployed individual claims payment of benefits.
(2) If benefits have been paid with respect thereto.
(3) Unless the unemployed individual was eligible for benefits with
respect thereto as provided in ORS 657.150, 657.155 to 657.176, 657.184,
657.186, 657.200 to 657.213 and 657.221, except for the requirements of
ORS 657.155 (1)(d). [Amended by 1959 c.642 §2; 1975 c.257 §5; 1981 c.46
§1; 1983 c.508 §5](1) Benefits based on service in an
instructional, research or principal administrative capacity for an
educational institution or institution of higher education shall be
payable to an individual in the same amount, on the same terms and
subject to the same conditions as benefits payable on the basis of other
service subject to this chapter, except that benefits shall not be paid
based on such services for any week of unemployment commencing during the
period between two successive academic years or, when an agreement
provides instead for a similar period between two regular terms whether
or not successive or during a period of paid sabbatical leave provided
for in the individual’s contract and if such individual performs such
services in the first of such academic years or terms and if there is a
contract or a reasonable assurance that such individual will perform
services in any such capacity for any institution in the second of such
academic years or terms. All services by an individual for an institution
shall be deemed in instructional, research or principal administrative
capacity if at least 50 percent of the individual’s time is spent in such
activities.
(2) With respect to any services described in subsection (1) of
this section, compensation payable on the basis of such services shall be
denied to any individual for any week that commences during an
established and customary vacation period or holiday recess if such
individual performs such services in the period immediately before such
vacation period or holiday recess, and there is reasonable assurance that
such individual will perform such services or any services described in
ORS 657.221 (1) in the period immediately following such vacation period
or holiday recess.
(3) With respect to any services described in subsection (1) of
this section, benefits based on such services shall be denied as
specified in subsections (1) and (2) of this section to any individual
who performed such service in an institution while in the employ of an
education service district established by ORS chapter 334, providing 50
percent or more of the individual’s time is spent in instructional,
research or principal administrative capacity in such institution.
(4) The provisions of subsections (1), (2) and (3) of this section
apply only to service performed for:
(a) An educational institution or institution of higher education
operated by a nonprofit employing unit;
(b) This state;
(c) A political subdivision of this state; or
(d) An Indian tribe. [1971 c.463 §12; 1975 c.284 §1; 1977 c.241 §2;
1981 c.60 §1; 1983 c.528 §2; 1985 c.226 §2; 1985 c.748 §1; 2001 c.572 §8;
2005 c.218 §4] (1) If the Director of the
Employment Department finds that during the base year of the individual
any individual has been incapable of work during the greater part of any
calendar quarter, such base year shall be extended a calendar quarter.
Except as provided in subsection (2) of this section, no such extension
of an individual’s base year shall exceed four calendar quarters.
(2) If the director finds that during and prior to the individual’s
base year the individual has had a period of temporary total disability
caused by illness or injury and has received compensation under ORS
chapter 656 for a period of temporary total disability during the greater
part of any calendar quarter, the individual’s base year shall be
extended as many calendar quarters as necessary to establish a valid
claim, up to a maximum of four calendar quarters prior to the quarter in
which the illness or injury occurred, if the individual:
(a) Files a claim for benefits not later than the fourth calendar
week of unemployment following whichever is the latest of the following
dates:
(A) The date the individual is released to return to work by the
attending physician, as defined in ORS chapter 656, or a nurse
practitioner authorized to provide compensable medical services under ORS
656.245; or
(B) The date of mailing of a notice of claim closure pursuant to
ORS chapter 656; and
(b) Files such a claim within the three-year period immediately
following the commencement of such period of illness or injury.
(3) Notwithstanding the provisions of this section, benefits
payable as a result of the use of wages paid in a calendar quarter prior
to the individual’s current base year shall not exceed one-third of such
wages less benefits paid previously as a result of the use of such wages
in computing a previous benefit determination. [Amended by 1953 c.646 §2;
1961 c.208 §1; 1989 c.235 §1; 1995 c.105 §5; 1999 c.313 §14; 2003 c.811
§19; 2005 c.218 §5]Note: The amendments to 657.170 by section 20, chapter 811, Oregon
Laws 2003, become operative January 2, 2008. See section 32, chapter 811,
Oregon Laws 2003. The text that is operative on and after January 2,
2008, including amendments by section 6, chapter 218, Oregon Laws 2005,
is set forth for the user’s convenience.
657.170. (1) If the Director of the Employment Department finds
that during the base year of the individual any individual has been
incapable of work during the greater part of any calendar quarter, such
base year shall be extended a calendar quarter. Except as provided in
subsection (2) of this section, no such extension of an individual’s base
year shall exceed four calendar quarters.
(2) If the director finds that during and prior to the individual’s
base year the individual has had a period of temporary total disability
caused by illness or injury and has received compensation under ORS
chapter 656 for a period of temporary total disability during the greater
part of any calendar quarter, the individual’s base year shall be
extended as many calendar quarters as necessary to establish a valid
claim, up to a maximum of four calendar quarters prior to the quarter in
which the illness or injury occurred, if the individual:
(a) Files a claim for benefits not later than the fourth calendar
week of unemployment following whichever is the latest of the following
dates:
(A) The date the individual is released to return to work by the
attending physician, as defined in ORS chapter 656; or
(B) The date of mailing of a notice of claim closure pursuant to
ORS chapter 656; and
(b) Files such a claim within the three-year period immediately
following the commencement of such period of illness or injury.
(3) Notwithstanding the provisions of this section, benefits
payable as a result of the use of wages paid in a calendar quarter prior
to the individual’s current base year shall not exceed one-third of such
wages less benefits paid previously as a result of the use of such wages
in computing a previous benefit determination. (1) An
authorized representative designated by the Director of the Employment
Department shall promptly examine each claim to determine whether an
individual is subject to disqualification as a result of a separation,
termination, leaving, resignation, or disciplinary suspension from work
or as a result of failure to apply for or accept work and shall promptly
enter a director’s decision if required by ORS 657.267. The authorized
representative may address issues raised by information before the
authorized representative, including but not limited to the nature of the
separation, notwithstanding the way the parties characterize those issues.
(2) An individual shall be disqualified from the receipt of
benefits until the individual has performed service in employment subject
to this chapter, or for an employing unit in this or any other state or
Canada or as an employee of the federal government, for which
remuneration is received that equals or exceeds four times the
individual’s weekly benefit amount subsequent to the week in which the
act causing the disqualification occurred, if the authorized
representative designated by the director finds that the individual:
(a) Has been discharged for misconduct connected with work;
(b) Has been suspended from work for misconduct connected with work;
(c) Voluntarily left work without good cause;
(d) Failed without good cause to apply for available suitable work
when referred by the employment office or the director;
(e) Failed without good cause to accept suitable work when offered;
(f) Has been discharged or suspended for being absent or tardy in
reporting to work and the absence or tardiness occurred as a result of
the unlawful use of any drug unless the person was participating in a
recognized drug rehabilitation program at the time of the absence or
tardiness, or is so participating within 10 days of the date of the
discharge or suspension, and the person provides to the Employment
Department documentation of program participation. As used in this
paragraph, “unlawful use” does not include the use of a drug taken under
the supervision of a licensed health care professional and in accordance
with the prescribed directions for consumption, or other uses authorized
by the laws of this state;
(g) Has been discharged or suspended for being absent or tardy in
reporting to work and the absence or tardiness occurred as the result of
the use of alcohol on a second or any subsequent occasion within a period
of 12 months unless the person was participating in a recognized alcohol
rehabilitation program at the time of the absence or tardiness, or is so
participating within 10 days of the date of the discharge or suspension,
and the person provides to the department documentation of program
participation; or
(h) Has committed a disqualifying act described in subsection (9)
or (10) of this section.
(3) If the authorized representative designated by the director
finds an individual was discharged for misconduct because of the
individual’s commission of a felony or theft in connection with the
individual’s work, all benefit rights based on wages earned prior to the
date of the discharge shall be canceled if the individual’s employer
notifies the director of the discharge within 10 days following issuance
of the notice provided for in ORS 657.265 or 30 days following issuance
of the notice provided for in ORS 657.266, and:
(a) The individual has admitted commission of the felony or theft
to an authorized representative of the director;
(b) The individual has signed a written admission of such act and
such written admission has been presented to an authorized representative
of the director; or
(c) Such act has resulted in a conviction by a court of competent
jurisdiction.
(4) An individual disqualified under subsection (2) of this section
shall have the individual’s maximum benefit amount reduced by eight times
the individual’s weekly benefit amount. However, in no event shall the
individual’s maximum benefit amount be reduced to less than the
individual’s weekly benefit amount unless the individual has previously
received benefits during the individual’s benefit year.
(5) An individual shall not be disqualified from receiving benefits
under subsection (2)(c) or (e) of this section or under ORS 657.200 if
the individual ceases work or fails to accept work when a collective
bargaining agreement between the individual’s bargaining unit and the
individual’s employer is in effect and the employer unilaterally modifies
the amount of wages payable under the agreement, in breach of the
agreement.
(6) For purposes of applying subsection (2) of this section, when
an individual has notified an employer that the individual will leave
work on a specific date and it is determined:
(a) That such separation would be for reasons that constitute good
cause;
(b) The individual voluntarily left work without good cause prior
to the date of the impending good cause voluntary leaving date; and
(c) The actual voluntary leaving of work occurs no more than 15
days prior to the planned date of voluntary leaving,then such separation from work shall be adjudicated as if the actual
voluntary leaving had not occurred and the planned voluntary leaving had
occurred. However, the individual shall be ineligible for benefits for
the period including the week in which the actual voluntary leaving
occurred through the week prior to the week of the planned good cause
voluntary leaving date.
(7) For purposes of applying subsection (2) of this section, when
an employer has notified an individual that the individual will be
discharged on a specific date and it is determined:
(a) That such discharge would not be for reasons that constitute
misconduct connected with the work;
(b) The individual voluntarily left work without good cause prior
to the date of the impending discharge; and
(c) The voluntary leaving of work occurs no more than 15 days prior
to the date of the impending discharge,then such separation from work shall be adjudicated as if the voluntary
leaving had not occurred and the discharge had occurred. However, the
individual shall be ineligible for benefits for the period including the
week in which the voluntary leaving occurred through the week prior to
the week in which the individual would have been discharged.
(8) For purposes of applying subsection (2) of this section, when
an individual has notified an employer that the individual will leave
work on a specific date and it is determined:
(a) That such voluntary leaving would be for reasons that do not
constitute good cause;
(b) The employer discharged the individual, but not for misconduct
connected with work, prior to the date of the planned voluntary leaving;
and
(c) The actual discharge occurs no more than 15 days prior to the
planned voluntary leaving,then such separation from work shall be adjudicated as if the discharge
had not occurred and the planned voluntary leaving had occurred. However,
the individual shall be eligible for benefits for the period including
the week in which the actual discharge occurred through the week prior to
the week of the planned voluntary leaving date.
(9)(a) For the purposes of subsection (2) of this section, an
individual is considered to have committed a disqualifying act when the
individual:
(A) Fails to comply with the terms and conditions of a reasonable
written policy established by the employer or through collective
bargaining, which may include blanket, random, periodic and probable
cause testing, that governs the use, sale, possession or effects of drugs
or alcohol in the workplace;
(B) Fails or refuses to take a drug or alcohol test as required by
the employer’s reasonable written policy;
(C) Refuses to cooperate with or subverts or attempts to subvert a
drug or alcohol testing process in any employment-related test required
by the employer’s reasonable written policy, including but not limited to:
(i) Refusal or failure to complete proper documentation that
authorizes the test;
(ii) Refusal or failure to sign a chain of custody form;
(iii) Presentation of false identification;
(iv) Placement of an adulterant in the individual’s specimen for
testing, when the adulterant is identified by a testing facility; or
(v) Interference with the accuracy of the test results by conduct
that includes dilution or adulteration of a test specimen;
(D) Is under the influence of intoxicants while performing services
for the employer;
(E) Possesses a drug unlawfully or in violation of the employer’s
reasonable written policy during work;
(F) Tests positive for alcohol or an unlawful drug in connection
with employment; or
(G) Refuses to enter into or violates the terms of a last chance
agreement with the employer.
(b)(A) Except as provided in subparagraph (B) of this paragraph, an
individual is not considered to have committed a disqualifying act under
this subsection if the individual, on the date of separation or within 10
days after the date of separation, is participating in a recognized drug
or alcohol rehabilitation program and provides documentation of
participation in the program to the department.
(B) This paragraph does not apply to an individual who has refused
to enter into or has violated the terms of a last chance agreement with
the employer.
(c) It is no defense or excuse under this section that the
individual’s separation resulted from alcohol use, marijuana use,
unlawful drug use, alcoholism or drug addiction.
(d) The department shall adopt rules to carry out the provisions of
this subsection.
(10) For the purposes of subsection (2) of this section, an
individual is considered to have committed a disqualifying act when the
individual voluntarily leaves work, fails to apply for available suitable
work when referred by the employment office or the director or fails to
accept suitable work when offered:
(a) Because the employer has or introduces a reasonable written
drug-free workplace policy that is consistent with subsection (9)(a)(A)
of this section;
(b) Because the employer requires the employee to consent to
present or future drug or alcohol tests under a reasonable written policy
that is consistent with subsection (9)(a)(A) of this section;
(c) To avoid taking a drug or alcohol test under a reasonable
written policy that is consistent with subsection (9)(a)(A) of this
section; or
(d) To avoid meeting the requirements of a last chance agreement.
(11) An individual may not be disqualified from receiving benefits
under subsection (2)(c) of this section and shall be deemed laid off if
the individual:
(a) Works under a collective bargaining agreement;
(b) Elects to be laid off when the employer has decided to lay off
employees; and
(c) Is placed on the referral list under the collective bargaining
agreement.
(12) An individual may not be disqualified from receiving benefits
under subsection (2)(c), (d) or (e) of this section or be considered
unavailable for purposes of ORS 657.155 if:
(a) The individual is a victim, or is the parent or guardian of a
minor child who is a victim, of domestic violence, stalking or sexual
assault;
(b) The individual leaves work, fails to apply for available
suitable work or fails to accept suitable work when offered to protect
the individual or the minor child from further domestic violence,
stalking or sexual assault that the individual reasonably believes will
occur at the workplace or elsewhere; and
(c) The individual pursues reasonable available alternatives to
leaving work, failing to apply for available suitable work or failing to
accept suitable work when offered.
(13) For purposes of this section:
(a) “Adulterant” means a substance that does not occur naturally in
urine, or that occurs naturally in urine but not at the concentrations
detected. “Adulterant” includes but is not limited to glutaraldehyde,
nitrite concentrations above physiological levels, hypochlorite or soap.
(b) “Drug” means a controlled substance as defined in ORS 475.005.
(c) “Last chance agreement” means a reasonable agreement:
(A) Between an employer and an employee who has violated the
employer’s reasonable written policy, has engaged in drug or alcohol use
connected with work or has admitted to alcohol abuse, marijuana use or
unlawful drug use; and
(B) That permits the employee to return to work under conditions
that may require the employee to:
(i) Abstain from alcohol use, marijuana use and unlawful drug use;
and
(ii) Attend and comply with the requirements of a rehabilitation or
education program acceptable to the employer.
(d) An individual is “under the influence of intoxicants” when the
level of alcohol, marijuana or unlawful drugs present in the individual’s
body exceeds the amount prescribed in a collective bargaining agreement,
or the amount prescribed in the employer’s reasonable written policy if
there is no applicable collective bargaining agreement provision. [1955
c.655 §9 (enacted in lieu of 657.175, 657.180 and 657.185); 1957 c.699
§2; 1959 c.643 §2; 1973 c.398 §2; 1977 c.295 §4; 1979 c.267 §2; 1981 c.5
§2; 1981 c.751 §2; 1982 s.s.1 c.2 §6; 1983 c.190 §1; 1983 c.409 §1; 1983
c.508 §6; 1993 c.778 §12; 1995 c.105 §6; 1995 c.178 §1; 1997 c.249 §201;
1997 c.740 §1; 1999 c.256 §1; 1999 c.1067 §1; 2001 c.144 §1; 2003 c.792
§2; 2005 c.278 §1](1) Notwithstanding provisions of this
chapter relating to being available for work, actively seeking work or
refusing to accept work, an unemployed individual otherwise eligible for
unemployment insurance benefits shall not be denied benefits because the
individual is in training approved under Section 236 (a)(1) of the Trade
Act of 1974; nor shall such individual be denied benefits by reason of
leaving work to enter such training if the work left is not suitable work.
(2) As used in this section “suitable work” means work of a
substantially equal or higher skill level than the individual’s past
adversely affected employment (as defined for purposes of the Trade Act
of 1974). Such work must pay wages which equal or exceed 80 percent of
the individual’s average weekly wage as determined for the purposes of
the Trade Act of 1974. [1982 s.s.1 c.30 §7] Benefits shall not
be paid on the basis of services performed by an alien unless such alien
is an individual who was lawfully admitted to the United States for
permanent residence at the time such services were performed, was
lawfully present for purposes of performing such services, or was
permanently residing in the United States under color of law at the time
such services were performed, including an alien who was lawfully present
in the United States as a result of the application of the provisions of
section 212(d)(5) of the Immigration and Nationality Act. [1977 c.241 §5;
1987 c.124 §1; 1991 c.685 §9] Benefits shall
not be paid to any individual on the basis of any services, substantially
all of which consist of participating in sports or athletic events or
training or preparing to so participate, for any week of unemployment
which commences during the period between two successive sport seasons if
the individual performed such services in the first season and there is
reasonable assurance that the individual will perform such services in
the subsequent season. [1977 c.241 §6] (1) In determining
whether any work is suitable for an individual, the Director of the
Employment Department shall consider, among other factors, the degree of
risk involved to the health, safety and morals of the individual, the
physical fitness and prior training, experience and prior earnings of the
individual, the length of unemployment and prospects for securing local
work in the customary occupation of the individual and the distance of
the available work from the residence of the individual.
(2) Notwithstanding subsection (1) of this section, the director
may refer claimants to JOBS Plus Program jobs for which the claimant does
not have adequate skills or experience when the JOBS Plus Program job is
likely to result in an upgrade in the claimant’s skills and experience.
[Amended by 2001 c.657 §2] (1) Notwithstanding any other
provisions of this chapter, no work is deemed suitable and benefits shall
not be denied under this chapter to any otherwise eligible individual for
refusing to accept new work under any of the following conditions:
(a) If the position offered is vacant due directly to a strike,
lockout or other labor dispute.
(b) If the remuneration, hours or other conditions of the work
offered are substantially less favorable to the individual than those
prevailing for similar work in the locality.
(c) If as a condition of being employed the individual would be
required to join a company union or to resign from or refrain from
joining any bona fide labor organization.
(2) On and after November 8, 1938, and for the purposes of this
chapter only, this section shall have the same meaning as the provisions
of section 3304(a)(5) of the United States Internal Revenue Code.
[Amended by 1973 c.300 §5] (1) An
individual is disqualified for benefits for any week with respect to
which the Director of the Employment Department finds that the
unemployment of the individual is due to a labor dispute which is in
active progress at the factory, establishment or other premises at which
the individual is or was last employed or at which the individual claims
employment rights by union agreement or otherwise.
(2) When an employer operates two or more premises in the conduct
of business they shall be considered one premises for the purposes of
this chapter if the labor dispute at one makes it impossible or
impractical to conduct work at the others or in a normal manner.
(3) This section does not apply if it is shown to the satisfaction
of the director that the individual:
(a) Is unemployed due to a lockout, as defined in ORS 662.205, at
the factory, establishment or other premises at which the individual was
last employed; and
(A) The lockout is not the result of a labor dispute between a
multiemployer bargaining unit and an employer other than the employer
last employing the individual; and
(B) The recognized or certified bargaining agent has announced to
the employer that individuals with whom the employer is engaged in the
labor dispute are ready, willing and able to work pending the negotiation
of a new contract under the current terms and conditions of employment
last offered by the employer immediately prior to such bargaining agent
announcement or, if there has been no employer offer, under the terms and
conditions of employment immediately prior to such bargaining agent
announcement; and
(C) The employer employs individuals who were not employed by the
employer immediately prior to the labor dispute, to replace the
individuals unable to work during the lockout; or
(b) Is not participating in or financing or directly interested in
the labor dispute which caused the unemployment of the individual; and
(c) Does not belong to a grade or class of workers of which,
immediately before the commencement of the labor dispute, there were
members employed at the premises at which the labor dispute occurs, any
of whom are participating in or financing or directly interested in the
dispute.
(4) An individual who meets all other applicable benefit
eligibility requirements of this chapter is not disqualified from receipt
of benefits by this section if:
(a) The individual was laid off from the employer prior to
commencement of the labor dispute, did not work for the employer more
than seven days during the 21 calendar days immediately prior to the
commencement of the labor dispute and meets the requirements of
subsection (3)(b) of this section; or
(b) During the labor dispute, the individual’s job or position is
filled by the employer hiring a permanent replacement and the following
conditions are met:
(A) The individual subsequently unilaterally abandons the labor
dispute and affirmatively seeks reemployment with the employer; and
(B) The individual meets the requirements of subsection (3)(b) of
this section.
(5) An individual who maintains membership in a labor union or who
continues to pay labor union dues does not violate the provisions of
subsection (3)(b) of this section, for the purpose of subsection (4) of
this section. [Amended by 1985 c.133 §1; 1989 c.1095 §1] (1) Subject to the
provisions of subsections (2) to (5) of this section, an individual is
disqualified for benefits for any week with respect to which the
individual is receiving, will receive, or has received a governmental or
other pension, retirement or retired pay, annuity, or other similar
periodic payment based on the previous work of the individual, if payment
is received under a plan maintained or contributed to by a base year
employer of the individual.
(2) In determining disqualification for any week under subsection
(1) of this section, if the remuneration and payments referred to in
subsection (1) of this section cover a period greater than and include
such week, a pro rata share of such remuneration and payments shall be
apportioned to such week or weeks. Except as provided in subsection (3)
of this section, such payments made in a lump sum upon separation or in
weekly or other installments shall be considered as payments with respect
to weeks following separation without regard to the existence or lack
thereof of an employee-employer relationship during the weeks such pay is
allocated pursuant to rules of the Director of the Employment Department.
(3) An individual is not disqualified for benefits and the director
may not reduce benefits under this section to an individual who:
(a) If otherwise eligible, is entitled to benefits for any week;
(b) Is a dislocated worker who has been terminated as a result of
any permanent closure of or any substantial layoff at a plant, facility
or enterprise; and
(c) Elects to receive a payment referred to in subsection (1) of
this section in a lump sum.
(4) If payments referred to in subsection (1) of this section are
being received by an individual under the federal Social Security Act,
the director shall take into account the individual’s contribution and
make no reduction in the weekly benefit amount.
(5) If under this section the remuneration and payments, or the pro
rata share thereof, in any week are less than the benefits which would
otherwise be due under this chapter for such week, such individual is
entitled to receive for such week, if otherwise eligible, benefits
reduced by the amount of such remuneration and payments. [Amended by 1955
c.655 §13; 1957 c.699 §4; 1963 c.468 §1; 1969 c.569 §2; 1973 c.380 §1;
1975 c.661 §1; 1977 c.294 §3; 1979 c.185 §1; 1981 c.62 §1; 1983 c.157 §1;
1985 c.432 §1; 1987 c.270 §1; 2001 c.663 §1] An individual is
disqualified for benefits for any week with respect to which or a part of
which the individual has received, will receive or is claiming
unemployment benefits under an unemployment insurance law of another
state, the United States or any other governmental jurisdiction. However,
if the appropriate agency of such other state, the United States or any
other governmental jurisdiction finally determines that the individual is
not entitled to such unemployment benefits, this disqualification shall
not apply. [Amended by 1979 c.267 §3](1) Upon conviction of any person by a court of
competent jurisdiction of willfully making a false statement or
misrepresentation, or willfully failing to report a material fact, to
obtain any benefits under this chapter, in addition to any penalties
imposed by the court, such person shall:
(a) Be ineligible for benefits based upon wages paid to the person
in the calendar quarter in which the person was convicted and in all
prior calendar quarters; and
(b) Be ineligible for benefits after such conviction until the
person has reimbursed the fund for the full amount received as a result
of the false statement or misrepresentations or of the failure to report
a material fact.
(2) The provisions of this section are in addition and supplemental
to the provisions of ORS 657.215 and 657.310. [1955 c.655 §12; 1973 c.300
§6] An individual is
disqualified for benefits for a period not to exceed 26 weeks whenever
the Director of the Employment Department finds that the individual has
willfully made a false statement or misrepresentation, or willfully
failed to report a material fact to obtain any benefits under this
chapter. The length of such period of disqualification and the time when
such period begins shall be determined by the director in the discretion
of the director, according to the circumstances in each case. During each
week of disqualification so imposed, an individual must meet all the
eligibility requirements of this chapter. Any disqualification imposed
under this section may be applied to any week claimed but remaining
unpaid on the date of the disqualifying decision under this section but
not to exceed three years from the date of the decision. The director may
cancel such disqualification wholly or in part as the director deems
proper and equitable. [Amended by 1977 c.295 §5](1) Benefits based on services performed in other
than an instructional, research or principal administrative capacity for
an educational institution or institution of higher education shall be
payable to an individual in the same amount, on the same terms and
subject to the same conditions as benefits payable on the basis of other
service subject to this chapter. However:
(a) Benefits shall not be paid on the basis of such services for
any week of unemployment that commences during a period between two
successive academic years or terms if the individual performs such
services in the first academic year or term and there is a reasonable
assurance that the individual will perform any such services in the
second academic year or term for any institution; except that
(b) If benefits are denied to an individual for any week under
paragraph (a) of this subsection and such individual was not offered an
opportunity to perform such services for the institution for the second
of such academic years or terms, such individual shall be entitled, if
otherwise eligible, to payment of benefits for each week for which the
individual filed a timely claim for benefits and for which benefits were
denied solely by reason of paragraph (a) of this subsection.
(2) With respect to the application of this section, the following
shall apply:
(a) An employee who terminates an employee-employer relationship by
electing not to accept an offer of work for a subsequent academic year or
term, other than by reason of labor negotiations or a labor dispute in
progress, shall be deemed to have voluntarily left work. The effective
date of such leaving shall be the date the individual notifies the
institution of the election not to accept the offer of work for the
subsequent period, except that if such individual continues to work under
the terms of a previously existing contract or agreement, the effective
date of leaving shall be the last day worked for the institution.
(b) In the event the institution does not extend to the individual
an offer of work or provide a reasonable assurance the individual is
expected to return to work for the institution following the period
between the academic years or terms, the separation from work shall be
considered an involuntary leaving or layoff.
(3) With respect to any services described in subsection (1) of
this section, compensation payable on the basis of such services shall be
denied to any individual for any week that commences during an
established and customary vacation period or holiday recess if such
individual performs such services in the period immediately before such
vacation period or holiday recess, and there is reasonable assurance that
such individual will perform such services or any services described in
ORS 657.167 (1) in the period immediately following such vacation period
or holiday recess.
(4) With respect to any services described in subsection (1) of
this section, benefits based on such services shall be denied as
specified in subsections (1) and (3) of this section to any individual
who performed such services in an institution while in the employ of an
education service district established by ORS chapter 334, providing 50
percent or more of the individual’s time is in the performance of
services in such institution.
(5) The provisions of subsections (1), (3) and (4) of this section
shall only apply to service performed for an educational institution or
institution of higher education operated by:
(a) A nonprofit employing unit;
(b) This state;
(c) A political subdivision; or
(d) An Indian tribe. [1973 c.715 §6; 1975 c.284 §2; 1977 c.241 §3;
1981 c.60 §2; 1983 c.343 §1; 1983 c.528 §3; 1983 c.538 §1; 1985 c.226 §3;
1985 c.748 §2; 2001 c.572 §9; 2005 c.218 §13]The Employment Department shall give notice
of the potential impact of the amendments to ORS 657.221 (1) made by
section 3, chapter 528, Oregon Laws 1983, to those individuals who may be
affected thereby. The notice shall include a statement that the
amendments to ORS 657.221 (1) made by section 3, chapter 528, Oregon Laws
1983, are required for the provisions of this chapter to remain in
conformity with applicable federal law. [1983 c.528 §8](1) Benefits shall be payable from the fund and
shall be paid through employment offices, in accordance with such
regulations as the Director of the Employment Department may prescribe.
(2) In the event of the death of any person to whom benefits are
due under this chapter, but which benefits remain unpaid in whole or in
part, such benefits may be paid to any person or persons designated by
the director in the following order:
(a) Surviving spouse.
(b) Surviving children, including adopted children.
(c) Mother or father of the deceased.(1) Claims for benefits shall be
filed in accordance with such regulations as the Director of the
Employment Department may prescribe.
(2) Each employer shall post and maintain printed statements
concerning such regulations or such other matters as the director may by
regulation prescribe in places readily accessible to individuals in the
employer’s service and shall make available to each such individual
copies of printed statements or materials relating to claims for benefits
as the director may by regulation prescribe. The printed statement shall
include notice to the workers in plain language of the potential
disqualification from receipt of benefits for voluntarily leaving work or
being discharged. Such printed statements shall be supplied by the
director to each employer without cost to the employer.
(3) The director shall make available to claimants, a printed
statement that it is an unlawful employment practice for an employer to
discharge, demote, suspend or in any manner discriminate or retaliate
against an employee with regard to promotion, compensation or other
terms, conditions or privileges of employment for the reason that the
employee has testified at an unemployment compensation hearing or other
hearing conducted pursuant to this chapter.
(4) Every person making a claim shall certify that the person has
not, during the week with respect to which benefits are claimed, received
or earned wages or compensation for any employment, whether subject to
this chapter or not, otherwise than as specified in the claim. [Amended
by 1973 c.300 §7; 1983 c.409 §2; 1985 c.404 §4] When a claimant
files an initial claim or an additional claim, the Employment Department
promptly shall give written notice of the claim filing to the claimant’s
most recent employing unit. If the claimant did not receive or will not
receive remuneration in an amount greater than or equal to four times the
claimant’s weekly benefit amount from the claimant’s most recent
employing unit, the Employment Department shall notify the claimant’s
next previous employing unit or units until the Employment Department has
notified those of the claimant’s former employing units which, in the
aggregate, have paid or will pay the claimant remuneration in an amount
which is equal to or exceeds four times the claimant’s weekly benefit
amount. [Amended by 1961 c.252 §3; 1965 c.210 §1; 1967 c.435 §3; 1969
c.597 §177; 1971 c.77 §1; 1975 c.257 §6; 1977 c.295 §6; 1981 c.77 §11;
1981 c.751 §3; 1983 c.395 §1; 1983 c.508 §7; 1983 c.522 §1; 1993 c.778 §4](1) An authorized
representative shall promptly examine each new claim for benefits and, on
the basis of information available, determine the total amount of wages
paid to the claimant during the base year and whether or not such amount
is sufficient to qualify the claimant for benefits and, if so, the weekly
benefit amount payable to the claimant, the maximum amount payable with
respect to such benefit year and the maximum duration thereof. The
initial determination under this section shall be applicable to all weeks
of the benefit year respecting which the claim was filed; however, such
determination may be amended with respect to any week or weeks of the
benefit year.
(2) The Director of the Employment Department shall promptly give
notice of an initial determination under this section to the claimant and
to any employers that have paid wages to the claimant during the base
year. Initial notice to a base-year employer shall include notice of the
potential charges to the employer’s account under ORS 657.471.
(3) The director shall promptly give notice of an amended
determination under this section to the claimant and to all employers
that have paid wages to the claimant during the base year and that are
affected by the amended determination.
(4) An initial or amended determination may be canceled by the
claimant at any time even though final, providing no disqualification has
been assessed, no appeal of a disqualification or denial has been
requested by the claimant nor benefits paid on such claim.
(5) Unless the claimant or a base-year employer files a request for
hearing on the initial or amended determination with the director, the
determination shall become final and the Employment Department shall pay
or deny benefits in accordance with the determination, unless otherwise
provided by law. The request for hearing must be filed not later than 10
days after the delivery of the initial or amended determination unless
the Employment Department mails the determination, in which case the
request for hearing must be filed not later than 10 days after the date
the determination is mailed to the last-known address of the claimant and
the base-year employer. [1993 c.778 §6; 2001 c.101 §1](1) An authorized representative shall promptly examine
each claim for waiting week credit or for benefits and, on the basis of
the facts available, make a decision to allow or deny the claim.
Information furnished by the claimant, the employer or the employer’s
agents on forms provided by the Employment Department pursuant to the
authorized representative’s examination shall be accompanied by a signed
statement that such information is true and correct to the best of the
individual’s knowledge. Notice of the decision need not be given to the
claimant if the claim is allowed but, if the claim is denied, written
notice shall be given to the claimant. If the claim is denied, the
written notice shall include a statement of the reasons for denial, and
if the claim is denied under any provision of ORS 657.176, the notice
also shall set forth the specific material facts obtained from the
employer and used by the authorized representative to support the reasons
of the denial. The written notice shall state the reasons for the
decision.
(2) If the claim is denied under any provision of ORS 657.176,
written notice of such decision shall be given to the employing unit
which, in the opinion of the Director of the Employment Department, is
most directly involved with the facts and circumstances relating to the
disqualification.
(3) Notice of a decision that was wholly or partially based on
information filed with the director in writing within 10 days after the
notice provided for in ORS 657.265 shall be given to any employing unit
that has so filed such information.
(4) If a decision to allow payment made pursuant to this section
does not require notice, that decision may be amended by an authorized
representative. The amendment shall be made by written notice which
provides for a right of appeal pursuant to ORS 657.269. The amendment
must be issued within one year of the original decision to allow payment,
except in cases of alleged willful misrepresentation or fraud. A decision
requiring notice, made pursuant to this section, may be amended unless it
has become a final decision under ORS 657.269. [1993 c.778 §7; 1997 c.59
§1]When a base-year employer
files information in writing with the Director of the Employment
Department within 10 days of its knowledge of an occurrence raising any
issue not previously decided based upon specific investigation, an
authorized representative shall promptly reexamine the subject claim for
waiting week credit or for benefits. On the basis of the facts available,
the authorized representative shall promptly make a decision. Written
notice stating the reasons for the decision shall be given to both the
claimant and the base-year employer that has filed such information.
[1993 c.778 §8] Unless
the claimant or one of the employing units entitled to notice under ORS
657.267 or 657.268 within 20 days after delivery of such notice or, if
mailed, within 20 days after the same was mailed to the party’s
last-known address, files with the Director of the Employment Department
a request for hearing upon the decision, it shall be final and benefits
shall be paid or denied in accordance therewith, unless otherwise
provided by law. If the decision is to allow benefits, the director shall
pay such benefits regardless of any pending hearing on the claim. [1993
c.778 §9](1) When a request for hearing upon the claim has been filed, as
provided in ORS 657.266 to 657.269, an administrative law judge from the
Office of Administrative Hearings established under ORS 183.605 shall be
assigned to conduct such hearing. The Director of the Employment
Department shall notify the parties, in plain language, of their right,
upon their request, to receive by mail copies of all documents and
records in the possession of the Employment Department relevant to the
decision of the authorized representative, including any statements of
the claimant, employer or employer’s agents.
(2) When the hearing is conducted by telephone, the director shall
mail all parties copies of all documents and records in the possession of
the director that will be introduced at the hearing as exhibits,
including any statements of the claimant, employer or employer’s agents,
and all jurisdictional documents, at least seven days prior to the
hearing. A party may request that the hearing be continued in order to
receive copies of and respond to documentary evidence introduced at the
hearing and not mailed to the party prior to the hearing.
(3) After the administrative law judge has given all parties
reasonable opportunity for a fair hearing, the administrative law judge
shall promptly affirm, modify or set aside the decision of the authorized
representative with respect to the claim. The administrative law judge
promptly shall notify all parties entitled to notice of the decision of
the authorized representative, as set forth in ORS 657.266 to 657.269, of
the administrative law judge’s decision, including a dismissal of the
request for hearing as provided in subsection (6) of this section, and
reasons therefor. The administrative law judge may address issues raised
by evidence in the record, including but not limited to the nature of the
separation, notwithstanding the scope of the issues raised by the parties
or the arguments in a party’s request for hearing.
(4) Except as provided in subsection (6) of this section, unless
the director or any other party to the hearing, within 20 days after the
delivery of such notification, or if mailed, within 20 days after the
same was mailed to the party’s last-known address, files with the
Employment Appeals Board an application for review, such decision shall
be final.
(5) When the claimant or the employer is unrepresented at the
hearing, the administrative law judge shall explain the issues involved
in the hearing and the matters that the unrepresented claimant or the
employer must either prove or disprove. The administrative law judge
shall ensure that the record developed at the hearing shows a full and
fair inquiry into the facts necessary for consideration of all issues
properly before the administrative law judge in the case. As used in this
section, a claimant or employer is “unrepresented” if not represented by
an attorney, paralegal worker, legal assistant, union representative or
person otherwise qualified by experience or training.
(6)(a) The administrative law judge may dismiss a request for
hearing under subsection (1) of this section when:
(A) The request for hearing is withdrawn by the requesting party;
(B) In response to a request by the administrative law judge or the
administrative law judge’s designee, the requesting party fails to
provide, in a timely manner, the information necessary to allow the
matter to be scheduled for hearing;
(C) The requesting party fails to appear at the time of the hearing;
(D) The issues are resolved by cancellation or amendment of the
decision that is the subject of the hearing request;
(E) The requesting party fails to file the request for hearing
within the time allowed by statute or rule and fails to show good cause
for the delay;
(F) The request for hearing is filed prior to the date of the
written decision or written determination that is the subject of the
request; or
(G) The request for hearing is made by a person who is not entitled
to a hearing or is not the authorized representative of a party who is
entitled to a hearing.
(b) A dismissal by the administrative law judge under this
subsection is final unless the party whose request for hearing has been
dismissed files, within 20 days after the dismissal notice was mailed to
the party’s last-known address, an application for review as provided
under this chapter.
(c) Notwithstanding paragraph (b) of this subsection, a requesting
party whose request has been dismissed because that party failed to
appear as provided in paragraph (a)(C) of this subsection may file a
request to reopen the hearing. [Amended by 1965 c.210 §2; 1969 c.597
§178; 1973 c.300 §8; 1981 c.77 §12; 1983 c.395 §2; 1985 c.404 §1; 1993
c.778 §13; 1999 c.849 §122; 1999 c.1067 §§3,5; 2003 c.75 §49; 2003 c.197
§5]Notwithstanding ORS 43.130 and 43.160, the decisions,
findings, conclusions, final orders and judgments that arise out of
hearings under ORS 657.270, review proceedings under ORS 657.275 and
judicial review proceedings under ORS 657.282:
(1) May not be used for the purpose of claim preclusion or issue
preclusion in any other action or proceeding except an administrative or
civil action or proceeding under this chapter; and
(2) Are not admissible as evidence in any other civil action or
proceeding other than civil actions or proceedings under this chapter or
in determination of eligibility for public assistance or food stamp
benefits under ORS chapters 411 and 418. [1995 c.105 §3; 1997 c.581 §42]Note: 657.273 was added to and made a part of ORS chapter 657 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) If the Director of
the Employment Department or any interested party files with the
Employment Appeals Board a timely application for review, the board shall
promptly affirm, modify or set aside the decision of the administrative
law judge. The board shall promptly notify the claimant and any other
interested party of its decision. If the board finds that additional
evidence is required to reach a decision, it may remand the matter to the
administrative law judge to conduct a hearing to obtain additional
evidence in the matter. The board shall promptly notify the claimant and
any other interested party of such action. The administrative law judge
may either make a new decision based on the additional and original
evidence or forward the additional evidence to the board for a decision.
If the administrative law judge issues a new decision, it shall be
subject to review in accordance with the provisions of ORS 657.270 (4).
(2) The board shall perform de novo review on the record. The board
may address issues raised by evidence in the record, including but not
limited to the nature of a separation, notwithstanding the scope of the
issues raised by the parties, the arguments set forth in a party’s
application for review or the parties’ written or oral arguments. The
board may enter its own findings and conclusions or may adopt the
findings and conclusions of the administrative law judge, or any part
thereof. When there is evidence in the record both to make more probable
and less probable the existence of any basic fact or inference, the board
need not explain its decision to believe or rely on such evidence unless
the administrative law judge has made an explicit credibility
determination regarding the source of such facts or evidence. The board
is not required to give any weight to implied credibility findings. The
decision of the board shall become the final order unless a petition for
judicial review is filed in accordance with ORS 657.282. [Amended by 1959
c.583 §18; 1965 c.210 §3; 1983 c.522 §2; 1985 c.404 §2; 1991 c.328 §1;
1993 c.344 §23; 1999 c.849 §125; 1999 c.1067 §7; 2003 c.75 §101]
(1) The manner in which disputed claims shall be presented and the
reports thereon required from the claimant and from the employers shall
be in accordance with the regulations prescribed by the Director of the
Employment Department.
(2) A full and complete record shall be kept of all proceedings in
connection with the disputed claim. All testimony at any hearing upon a
disputed claim shall be recorded but need not be transcribed unless the
disputed claim is appealed further. [Amended by 1983 c.522 §3; 1999 c.849
§§127,128; 2003 c.75 §50] Judicial
review of decisions under ORS 657.275 shall be as provided for review of
orders in contested cases in ORS chapter 183, except that the petition
shall be filed within 30 days after the order is served. The Director of
the Employment Department may file petition for judicial review in
accordance with this section from decisions of the Employment Appeals
Board. [1971 c.734 §94; 1983 c.522 §4](1) The Director of the Employment Department, upon
motion of the director or upon application of any party to a claim for
benefits, may at any time reconsider any final decision under this
chapter. Reconsideration may occur when there is evidence of:
(a) Errors of computation;
(b) Clerical errors;
(c) Misinformation provided a party by the Employment Department;
(d) Facts not previously known to the department; or
(e) Errors caused by misapplication of law by the department.
(2) Such reconsideration shall be accomplished by the director or
any employee the director may designate for the purpose, in accordance
with such regulations as the director may prescribe, and may include the
making of a new decision which, if made, shall award, deny, terminate,
continue, increase or decrease benefits to the extent found necessary and
appropriate for the correction of previous error respecting such
benefits. However, any such new decision shall be subject to hearing,
review and appeal in accordance with ORS 657.265, 657.266 to 657.269 and
657.270 to 657.282.
(3) The Employment Appeals Board upon its own motion or upon
application of any party in interest may in its discretion at any time
after the same was made and irrespective of whether it has become final
under this chapter, reconsider any previous decision of the Employment
Appeals Board. Such reconsideration shall be accomplished by the
Employment Appeals Board or special referee designated for the purpose
and may include the making of a new decision to the extent necessary and
appropriate for the correction of previous error of fact or law. Such new
decision shall be subject to judicial review in accordance with ORS
657.282. [Amended by 1959 c.583 §20; 1961 c.252 §4; 1965 c.210 §4; 1975
c.257 §7; 1983 c.522 §5; 1985 c.565 §88; 1993 c.778 §10] (1)
Witnesses other than parties subpoenaed pursuant to ORS 657.265, 657.266
to 657.269, 657.270 to 657.280 or 657.290 shall be allowed fees at a rate
fixed by the Director of the Employment Department. Such fees and all
expenses of proceedings before the director or the Employment Appeals
Board involving disputed claims, excepting charge for services rendered
by counsel or other agent representing the claimant, employer or other
interested person, are deemed a part of the expense of administering this
chapter, and no individual claiming benefits shall be charged fees of any
kind in any proceedings under this chapter by the director or
representatives of the director.
(2) Notwithstanding any other law, a person in any proceeding
before the director or Employment Appeals Board may be represented by
counsel or other agent authorized by such person. No such counsel or
agent representing an individual who is claiming benefits shall charge or
receive for such services more than an amount approved by the director.
As used in this subsection, “person” has the meaning defined in ORS
174.100 and also includes this state and all political subdivisions
therein. [Amended by 1959 c.583 §21; 1969 c.161 §1; 1983 c.147 §1; 1993
c.778 §14]No employer or employer’s agent shall intentionally and
willfully make or cause to be made false statements or willfully fail to
report a material fact regarding the claim of a claimant or regarding a
claimant or claimant’s eligibility for benefits under this chapter.
[Amended by 1983 c.395 §3; 1985 c.748 §3]The Director of the Employment Department or an
authorized representative designated by the director may combine a
decision under ORS 657.266, 657.267 or 657.268 with a decision under ORS
657.310 or 657.315. [2005 c.182 §2](1) If the Director of the Employment
Department decides that an individual received any benefits under this
chapter to which the individual is not entitled because the individual,
regardless of the individual’s knowledge or intent, made or caused to be
made a false statement or misrepresentation of a material fact, or failed
to disclose a material fact, the individual is liable:
(a) To repay the amount of the benefits to the director for the
Unemployment Compensation Trust Fund; or
(b) To have the amount of the benefits deducted from any future
benefits otherwise payable to the individual under this chapter.
(2) A decision of the director under this section does not
authorize the recovery of the amount of any benefits paid to an
individual until the decision is final and the decision specifies:
(a) That the individual, by reason of the false statement,
misrepresentation or nondisclosure, is liable to repay the amount to the
Unemployment Compensation Trust Fund;
(b) The nature of the false statement, misrepresentation or
nondisclosure; and
(c) The week or weeks for which the benefits were paid.
(3) Any amount subject to recovery under this section may be
collected by the director in a civil action against the individual
brought in the name of the director. Judgment rendered shall bear
interest at the rate provided in subsection (4) of this section. The
amount collected, not including interest, shall be paid into the
Unemployment Compensation Trust Fund.
(4) Interest on any amount liable to be repaid under this section
shall be paid and collected at the same time repayment of benefits is
made by the individual to the Unemployment Compensation Trust Fund, at
the rate of one percent per month beginning on the first day of the month
following 60 days after the finality of the administrative decision
establishing the overpayment. In computing interest under this
subsection, a fraction of a month is counted as a full month.
(5) Deductions from unemployment insurance benefits shall be
applied solely to the amount of the benefits liable to be repaid under
this section. All other payments shall be applied first to court costs,
then to interest, then to the amount liable to be repaid.
(6) Interest collected under this section shall be paid into the
Employment Department Special Fraud Control Fund in accordance with the
provisions of ORS 657.400. [Amended by 1963 c.14 §1; 1997 c.372 §1; 2005
c.182 §3] (1) If
the Director of the Employment Department decides that an individual has
been paid benefits to which the individual is not entitled because of an
error not due to the individual providing a false statement or
misrepresentation of a material fact or not disclosing a material fact,
or because an initial decision to pay benefits is subsequently reversed
by a decision finding the individual is not eligible for the benefits,
the individual is liable to have the amount deducted from any future
benefits otherwise payable to the individual under this chapter for any
week or weeks within 52 weeks following the week in which the decision
establishing the erroneous payment became final.
(2) A decision of the director under this section does not
authorize the recovery of the amount of any benefits paid to an
individual until the decision is final and the decision specifies that
the individual is liable to have the amount deducted from any future
benefits otherwise payable under this chapter for any week or weeks
within 52 weeks following the week in which the decision establishing the
erroneous payment became final.
(3) Amounts paid to an individual in excess of the maximum benefits
allowable pursuant to this chapter may be recovered in a civil action
brought in the name of the director for such purpose. [Amended by 1971
c.77 §2; 1975 c.284 §3; 1977 c.400 §6; 1993 c.778 §18; 2005 c.182 §4](1) The Director of the Employment
Department shall waive recovery of benefits under ORS 657.315 if the
director finds that the benefits are recoverable due to a change in
federal or state law, the application of which has caused the
disqualification of benefits previously paid.
(2) If the United States Secretary of Labor serves notice that the
provisions of subsection (1) of this section fail to meet the
requirements of the Social Security Act or the Federal Unemployment Tax
Act then subsection (1) of this section shall no longer be of any force
or effect.
(3) The director may waive establishment and recovery of overpaid
benefits when no decision has been issued under ORS 657.310 or 657.315
and the amount of the overpayment is less than one-half of the maximum
weekly benefit amount in effect at the time the overpayment is
discovered. [1983 c.528 §§6,7; 1995 c.105 §7] (1) If any amount
paid to an individual as benefits, for which the individual has been
found liable under the provisions of ORS 657.310 to repay or to have
deducted from benefits payable, has neither been repaid nor so deducted
within a period of three years following the date the decision
establishing the improper payment became final, and is equal to or is
less than the state maximum weekly benefit amount or determined by the
Director of the Employment Department to be uncollectible, the same
together with the record thereof and the resulting shortage, shall be
canceled, and such amount, excluding any amount chargeable to
reimbursable employers, shall be permanently charged to the fund.
However, such amount shall not be canceled if the debt is being recovered
by payments or deductions which were received within the last three
months nor if repayment of such overpayment is required under ORS 657.213.
(2) If an amount paid to an individual as benefits, for which the
individual has been found liable under the provisions of ORS 657.315 (1)
to have deducted from benefits payable, has neither been repaid nor so
deducted from benefits otherwise payable to the individual for any week
or weeks within 52 weeks following the week in which the decision
establishing the improper payment became final, the same together with
the record thereof and the resulting shortage, shall be canceled and such
amount, excluding any amount chargeable to reimbursable employers, shall
be permanently charged to the fund.
(3) When in the judgment of the director the best interests of the
Employment Department are served in an effort to settle accounts, the
director may waive, reduce or compromise any part or all of the interest
charged pursuant to ORS 657.310. The director may determine that the
amount of interest due and unpaid is uncollectible, and write such amount
off. In making the determination that interest is uncollectible, the
director shall consider, among other factors:
(a) The administrative costs of continued collection efforts in
relation to the amount due;
(b) The accessibility of the debtor for effective collection
actions; and
(c) The debtor’s financial condition and ability to pay the amount
due, both current and projected. [Amended by 1977 c.294 §5; 1983 c.146
§1; 1997 c.372 §3](Extended Benefits) As used in ORS
657.321 to 657.329 unless the context requires otherwise:
(1) “Extended benefit period” means a period that:
(a) Begins with the third week after a week for which there is a
state “on” indicator; and
(b) Ends with the third week after the first week for which there
is a state “off” indicator or the 13th consecutive week of such period,
whichever occurs later.
(2) Notwithstanding the provisions of subsection (1) of this
section, no extended benefit period may begin by reason of a state “on”
indicator before the 14th week following the end of a prior extended
benefit period which was in effect with respect to this state.
(3) There is a state “on” indicator for any week for which the
Director of the Employment Department determines in accordance with
regulations of the United States Secretary of Labor that for the period
consisting of such week and the immediately preceding 12 weeks, the rate
of insured unemployment (not seasonally adjusted):
(a) Equaled or exceeded five percent and equaled or exceeded 120
percent of the average of such rates for the corresponding 13-week
periods ending in each of the preceding two calendar years;
(b) Equaled or exceeded six percent; or
(c) With respect to benefits for weeks of unemployment beginning
after March 6, 1993:
(A) The average rate of total unemployment (seasonally adjusted),
as determined by the United States Secretary of Labor, for the period
consisting of the most recent three months for which data for all states
are published before the close of such week equals or exceeds 6.5
percent; and
(B) The average rate of total unemployment in the state (seasonally
adjusted), as determined by the United States Secretary of Labor, for the
three-month period referred to in subparagraph (A) of this paragraph,
equals or exceeds 110 percent of such average for either or both of the
corresponding three-month periods ending in the two preceding calendar
years.
(4) There is a state “off” indicator for any week for which the
director determines in accordance with regulations of the United States
Secretary of Labor that for the period consisting of such week and the
immediately preceding 12 weeks, none of the options specified in
subsection (3) of this section results in an “on” indicator.
(5) “Rate of insured unemployment,” for the purpose of subsections
(3) and (4) of this section, means the percentage derived by dividing:
(a) The average weekly number of regular continued weeks of
unemployment claimed by individuals in this state with respect to the
most recent 13-consecutive-week period, as determined by the director on
the basis of reports to the United States Secretary of Labor, by
(b) The average monthly employment covered under this chapter for
the first four of the most recent six completed calendar quarters before
the end of such 13-week period.
(6) “Regular benefits” means benefits payable to an individual
under this chapter or under any other state law (including benefits
payable to federal civilian employees and to ex-servicemen pursuant to 5
U.S.C. chapter 85) other than extended benefits.
(7) “Extended benefits” means benefits (including benefits payable
to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
chapter 85) payable to an individual under the provisions of this chapter
for weeks of unemployment in the individual’s eligibility period.
(8) “Eligibility period” of an individual means the period
consisting of the weeks in the individual’s benefit year which begin in
an extended benefit period and, if the benefit year ends within such
extended benefit period, any weeks thereafter which begin in such period.
(9) “Exhaustee” means an individual who, with respect to any week
of unemployment in the individual’s eligibility period:
(a) Has received prior to such week, all of the regular benefits
that were available to the individual under this chapter or any other
state law (including dependents’ allowances and benefits payable to
federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85)
in the current benefit year that includes such week (provided that an
individual shall be deemed to have received all of the regular benefits
that were available to the individual, although as a result of a pending
appeal with respect to wages or employment that were not considered in
the original monetary determination in the current benefit year, the
individual may subsequently be determined to be entitled to added regular
benefits); or
(b) The individual’s benefit year having expired prior to such
week, has no, or insufficient wages and employment to establish a new
benefit year that would include such week; and
(c) Has no right to unemployment benefits or allowances under the
Railroad Unemployment Insurance Act and such other federal laws as are
specified in regulations issued by the United States Secretary of Labor;
and
(d) Has not received and is not seeking, or the appropriate agency
has finally determined that the individual is not entitled to receive,
unemployment benefits under the unemployment compensation law of Canada.
(10) “State law” means the unemployment insurance law of any state,
approved by the United States Secretary of Labor under section 3304 of
the Internal Revenue Code of 1954, as amended.
(11) “High unemployment period” means any period during which an
extended benefit period would be in effect if subsection (3)(c)(A) of
this section were applied by substituting “eight percent” for “6.5
percent.” [1971 c.2 §2; 1974 s.s. c.46 §1; 1977 c.228 §1; 1979 c.267 §4;
1982 s.s.1 c.30 §1; 1993 c.200 §3; 2003 c.14 §401]The provisions of this chapter relating to the payment of
regular benefits shall apply to claims for and the payment of extended
benefits, except when the result would be inconsistent with the
provisions of ORS 657.321 to 657.329. [1971 c.2 §3] (1) An individual shall
be eligible to receive extended benefits with respect to any week of
unemployment in the individual’s eligibility period only if the Director
of the Employment Department finds that with respect to such week the
individual:
(a) Is an exhaustee;
(b) Has satisfied the requirements of this chapter for the receipt
of regular benefits that are applicable to individuals claiming extended
benefits, including not being subject to a disqualification for the
receipt of benefits; and
(c) Has been paid wages by an employer or employers subject to the
provisions of this chapter during the base period of the individual’s
applicable benefit year in an amount equal to or in excess of 40 times
the individual’s applicable weekly benefit amount.
(2) The weekly extended benefit amount payable to an individual for
a week of total unemployment in the individual’s eligibility period shall
be an amount equal to the weekly benefit amount payable to the individual
during the applicable benefit year.
(3) The maximum extended benefit amount payable to any eligible
individual with respect to the applicable benefit year shall be:
(a) 50 percent of the total amount of regular benefits which were
payable to the individual under this chapter in the applicable benefit
year; or
(b) With respect to weeks beginning in a high unemployment period,
80 percent of the total amount of regular benefits which were payable to
the individual under this chapter in the applicable benefit year.
(4) Notwithstanding subsection (1) of this section, extended
benefits shall not be payable to any individual for any week pursuant to
an interstate claim filed in any other state under the interstate benefit
payment plan if an extended benefit period is not in effect for such week
in such other state.
(5) The provisions of subsection (4) of this section shall not
apply with respect to the first two weeks for which extended benefits
would otherwise be payable to an individual pursuant to an interstate
claim filed under the interstate benefit payment plan.
(6) Notwithstanding the provisions of subsections (1) to (5) and
(12) of this section, an individual shall be ineligible for payment of
extended benefits for any week of unemployment in the individual’s
eligibility period if the director finds that during such week:
(a) The individual failed to accept any offer of suitable work or
failed to apply for any suitable work, as defined under subsection (8) of
this section, to which the individual was referred by the director; or
(b) The individual failed to actively engage in seeking work as
prescribed under subsection (10) of this section.
(7) Any individual who has been found ineligible for extended
benefits by reason of the provisions in subsection (6) of this section
shall also be denied benefits beginning with the first day of the week
following the week in which such failure occurred and until the
individual has been employed in each of four subsequent weeks, whether or
not consecutive, and has earned remuneration equal to not less than four
times the extended weekly benefit amount.
(8)(a) For purposes of this section, the term “suitable work”
means, with respect to any individual, any work which is within such
individual’s capabilities, provided, however:
(A) That the gross average weekly remuneration payable for the work
must exceed the sum of the individual’s weekly benefit amount and the
amount, if any, of supplemental unemployment benefits, as defined in
section 501(c)(17)(D) of the Internal Revenue Code of 1954, payable to
such individual for such week; and
(B) The work must pay wages which equal or exceed the higher of the
state or local minimum wage or the minimum wage provided by section 6
(a)(1) of the Fair Labor Standards Act of 1938, without regard to any
exemption;
(b) No individual shall be denied extended benefits for failure to
accept an offer of or referral to any job which meets the definition of
suitability as described herein if:
(A) The position was not offered to such individual in writing or
was not listed with the Employment Department; or
(B) Such failure could not result in a denial of benefits under the
definition of suitable work for regular benefit claimants pursuant to ORS
657.190 to the extent that the criteria of suitability are not
inconsistent with the provisions of this section; or
(C) The individual furnishes satisfactory evidence to the director
that the individual’s prospects for obtaining work in the individual’s
customary occupation within a reasonably short period are good. If such
evidence is deemed satisfactory for this purpose, the determination of
whether any work is suitable with respect to such individual shall be
made in accordance with the definition of suitable work in ORS 657.190
without regard to the definition specified in this subsection.
(9) Notwithstanding the provisions of subsection (8) of this
section to the contrary, no work shall be deemed to be suitable work for
an individual which does not accord with the labor standard provisions
required by section 3304(a)(5) of the Internal Revenue Code of 1954 and
as set forth in ORS 657.195.
(10) For the purposes of subsection (6)(b) of this section, an
individual shall be treated as actively engaged in seeking work during
any week if:
(a) The individual has engaged in a systematic and sustained effort
to obtain work during such week; and
(b) The individual furnishes tangible evidence of engaging in such
effort during such week.
(11) The Employment Department shall refer any claimant entitled to
extended benefits to any suitable work which meets the criteria
prescribed in subsection (8) of this section.
(12) An individual shall not be eligible to receive extended
benefits under this section if the individual has been disqualified for
regular or extended benefits under ORS 657.176 (2) unless the individual
has satisfied the disqualification as provided in ORS 657.176 (2).
(13) Subsections (6) to (11) of this section shall not apply to
weeks of unemployment beginning after March 6, 1993, and before January
1, 1995. [1971 c.2 §4; 1981 c.46 §2; 1981 c.564 §1; 1982 s.s.1 c.30 §2;
1983 c.508 §8; 1993 c.200 §4]Notwithstanding any other
provisions of this chapter, if the benefit year of any individual ends
within an extended benefit period, the remaining balance of extended
benefits that such individual would, but for this section, be entitled to
receive in that extended benefit period, with respect to weeks of
unemployment beginning after the end of the benefit year, shall be
reduced (but not below zero) by the product of the number of weeks for
which the individual received any amounts as trade readjustment
allowances within that benefit year, multiplied by the individual’s
weekly benefit amount. [1982 s.s.1 c.30 §5](1) Whenever an extended benefit
period is to become effective in this state as a result of a state “on”
indicator, or an extended benefit period is to be terminated in this
state as a result of a state “off” indicator, the Director of the
Employment Department shall make an appropriate public announcement.
(2) No employer’s account shall be charged for extended benefits
paid to an unemployed individual pursuant to the provisions of ORS
657.321 to 657.329. [1971 c.2 §5; 1982 s.s.1 c.30 §3]ORS 657.321 to
657.329 shall apply to individuals meeting the requirements thereof for
the week ending January 16, 1971, and any week thereafter. [1971 c.2 §6](Additional Benefits)(1) As used in ORS 657.331 to 657.334:
(a) “Additional benefits” means benefits totally financed by the
state and payable under this chapter to exhaustees by reason of
conditions of high unemployment.
(b) “Additional benefit period” means a period not within an
extended benefit period that:
(A) Begins with the third week after a week for which there is a
state additional benefits “on” indicator; and
(B)(i) Ends with the second week after the first week for which
there is a state “on” indicator as defined in ORS 657.321 (3); or
(ii) If there is no “on” indicator, ends with the third week after
the first week for which there is a state additional benefits “off”
indicator or the seventh consecutive week of such period, whichever
occurs later.
(2) Notwithstanding the provisions of subsection (1)(b) of this
section, no additional benefit period may begin by reason of a state
additional benefit “on” indicator before the eighth week following the
end of a prior additional benefit period which was in effect with respect
to this state.
(3) There is a state additional benefit “on” indicator for any week
for which the Director of the Employment Department determines that for
the period consisting of such week and the immediately preceding 12
weeks, the rate of insured unemployment (not seasonally adjusted) equaled
or exceeded 4.5 percent.
(4) There is a state additional benefits “off” indicator for any
week for which the director determines that, for the period consisting of
such week and the immediately preceding 12 weeks, the rate of insured
unemployment (not seasonally adjusted) was less than 4.5 percent.
(5) For purposes of this section, the rate of insured unemployment
shall have the same meaning as provided in ORS 657.321 (5). [1983 c.818
§§4,5; 1985 c.194 §2; 2003 c.14 §402] During an
additional benefit period an individual who has exhausted regular
benefits pursuant to this chapter with respect to a week which begins
subsequent to August 9, 1983, and who continues to otherwise meet the
eligibility requirements for regular benefits under the provisions of
this chapter, and who is not eligible for any other unemployment
benefits, including benefits provided for by any federal law extending
benefits beyond those provided for as regular benefits or extended
benefits, may receive additional benefits for weeks subsequent to August
9, 1983, in an amount equal to the weekly benefit amount of the
individual’s most recent regular unemployment benefit claim subject to
the provisions of this chapter. The maximum additional benefits an
individual may receive under ORS 657.331 to 657.334 is 25 percent of the
most recent regular unemployment benefit claim. [1983 c.818 §6]An employer’s account may not be charged for
additional benefits paid to an unemployed individual under ORS 657.331 to
657.334. However, nothing in this section shall be construed to relieve
the state, reimbursing political subdivisions, reimbursing nonprofit
employers or reimbursing Indian tribes from paying into the Unemployment
Compensation Trust Fund an amount equal to the additional benefits paid
to an unemployed individual under ORS 657.331 to 657.334. [1983 c.818 §7;
2001 c.572 §10; 2003 c.14 §403] Additional
benefits may be paid under the provisions of ORS 657.331 to 657.334 only
with respect to weeks not within an extended benefit period, and not
within a period covered by any federal law allowing the filing of new
claims extending benefits beyond those provided for as regular or
extended benefits. [1983 c.818 §8; 1985 c.194 §1; 1987 c.126 §1; 1989
c.818 §1]DISLOCATED WORKER PROGRAM As used in ORS
657.335 to 657.360:
(1) “Eligible dislocated workers” means individuals who:
(a) Have been terminated or laid off or who have received a notice
of termination or layoff, are eligible for or have exhausted their
entitlement to unemployment compensation and are unlikely to return to
their previous industry or occupation;
(b) Have been terminated or have received a notice of termination
of employment, as a result of any permanent closure of or any substantial
layoff at a plant, facility or enterprise;
(c) Are long term unemployed and have limited opportunities for
employment or reemployment in the same or a similar occupation in the
area in which such individuals reside, including older individuals who
may have substantial barriers to employment by reason of age;
(d) Were self-employed, including farmers and ranchers, and are
unemployed as a result of general economic conditions in the community in
which they reside or because of natural disasters; or
(e) Returned to service in the Oregon National Guard or the
military reserve forces of the United States following active duty
service as set forth in ORS 657.340 (3)(d).
(2) “Professional technical training” means professional and
technical training or retraining and basic education, including literacy
skills, designed to prepare individuals for gainful employment in
recognized or new occupations or to prepare individuals to become
self-employed. The term does not include programs of instruction for an
individual (including transfer credit programs of instruction given at
community colleges) which are primarily intended to lead toward a
baccalaureate or higher degree or training that has for its purpose the
preparation of individuals for employment in occupations which require a
baccalaureate or higher degree from institutions of higher education
unless approved by the Director of the Employment Department. [1969 c.156
§3; 1971 c.82 §2; 1991 c.685 §4; 1993 c.129 §1; 2005 c.174 §3] (1) The state’s economic stability is often
threatened when workers are being displaced from the workforce and the
workers and their families face hardship and serious social and health
problems.
(2) The policy of the state is to promote workforce development by
providing eligible dislocated workers with unemployment compensation and
related benefits while they are receiving professional technical training
so that they can continue to care for their families and obtain
employment.
(3) The Employment Department and the Department of Community
Colleges and Workforce Development will implement the necessary
strategies, systems and structures that will provide consolidated,
streamlined delivery of these services to dislocated workers.
(4) It is the policy of the state to encourage the movement of
workers into higher wage jobs.
(5) It is the policy of the state to make the best use of currently
existing service delivery vehicles, training programs and assessment
devices to provide services to eligible dislocated workers.
(6) In order to assist eligible dislocated workers to continue or
complete professional technical training, individuals who meet the
requirements of ORS 657.335 to 657.360 are eligible for supplemental
benefits as provided in ORS 657.340. [Formerly 657.330; 1991 c.685 §5;
1993 c.624 §2; 1993 c.765 §12; 1995 c.495 §1; 1997 c.61 §9; 2001 c.684
§29; 2001 c.866 §1; 2003 c.536 §2; 2005 c.174 §1] (1) Dislocated workers approved
for professional technical training may not be denied unemployment
insurance benefits solely because they are attending professional
technical training, nor shall such individual be denied benefits by
reason of leaving work to enter such training if the work left was
part-time or temporary or paid less than 80 percent of the individual’s
average weekly wage during the base year.
(2) Notwithstanding provisions of this chapter relating to
availability for work, actively seeking work or refusal to accept
suitable work, dislocated workers approved for professional technical
training and otherwise eligible for benefits are not ineligible for such
benefits or waiting week credit because of attendance in professional
technical training.
(3)(a) Eligible dislocated workers who file valid unemployment
compensation claims, upon exhaustion of regular benefits, are eligible,
subject to the availability of funds, for supplemental benefits from 1 to
26 times the individual’s most recent weekly benefit amount based upon
the amount needed to continue or complete approved professional technical
training.
(b) Supplemental benefits shall be paid under the same terms and
conditions as regular benefits under this chapter, except that the
Director of the Employment Department may extend the benefit year of an
individual attending an approved professional technical training program
a sufficient number of weeks to allow the individual to complete the
training program.
(c) Supplemental benefits under ORS 657.335 to 657.360 may be paid
only when the eligible dislocated worker is not eligible to receive
extended benefits as provided in ORS 657.321 to 657.329 or additional
benefits as provided in ORS 657.331 to 657.334.
(d) Supplemental benefits may be paid only to eligible dislocated
workers whose unemployment, as determined by the director:
(A) Is substantially due to the lack of employment opportunities in
the workers’ local labor market resulting from:
(i) High energy costs;
(ii) Extended drought conditions and the attendant economic
conditions;
(iii) Secondary effects of foreign trade; or
(iv) A shift of production to another state or territory of the
United States; or
(B) Resulted from the workers’ return to service in the Oregon
National Guard or military reserve forces of the United States following
a change in status from serving under Title 32 to serving under Title 10
of the United States Code at a time designated by the President of the
United States by executive order as a period of combatant activities.
(4) The receipt of supplemental benefits is conditioned upon the
individual’s demonstrating satisfactory progress and attendance in
professional technical training. [1969 c.156 §§5,6; 1971 c.82 §3; 1991
c.685 §6; 1993 c.624 §1; 1995 c.495 §2; 1997 c.56 §1; 2001 c.866 §2; 2005
c.174 §2] (1) The provisions of
ORS 657.335 to 657.360 apply to an individual who met the definition of
an eligible dislocated worker as provided in ORS 657.335 on or after
January 1, 1991, and who is otherwise eligible for benefits under ORS
657.335 to 657.360 on or after September 29, 1991.
(2) Individuals who have been approved for vocational training
under ORS 657.335 to 657.360 prior to September 29, 1991, and who are
receiving benefits on September 29, 1991, shall continue to be eligible
to receive benefits after September 29, 1991. [1991 c.685 §12] (1) Individuals who are
identified as dislocated workers under the federal Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.), and implementing regulations, and
who attend training programs identified under the Act shall be considered
to be in approved professional technical training. The training shall be
for occupations or skills for which there are or are expected to be
reasonable employment opportunities in the area or in another area to
which the individual is willing to relocate or which relate to the
development of a self-employment enterprise for which there is reasonable
opportunity for success.
(2) In approving professional technical training for eligible
dislocated workers who do not attend training programs identified in
subsection (1) of this section, the Director of the Employment Department
shall require:
(a) That the professional technical training relates to an
occupation or skill for which there are, or are expected to be,
reasonable employment opportunities in this state or relates to the
development of a self-employment enterprise for which there is a
reasonable opportunity for success.
(b) That the individual has the qualifications and aptitudes to
successfully complete such professional technical training. [1969 c.156
§7; 1971 c.82 §4; 1983 c.9 §1; 1991 c.685 §7; 2001 c.684 §30] The Director of
the Employment Department, in consultation with the Department of
Community Colleges and Workforce Development, shall promulgate rules as
necessary for the administration of ORS 657.335 to 657.360, including but
not limited to procedures for approval, undertaking periodic reviews for
continued approval, or for disapproval of professional technical training
for an individual. [1969 c.156 §8; 1971 c.82 §5; 1991 c.685 §8; 1997 c.61
§11; 2001 c.684 §31] Notice,
hearing, and review of a decision to approve or disapprove an application
of an individual or to deny continued approval of an individual’s
participation under ORS 657.335 to 657.360 shall be subject to the
provisions of ORS 657.265, 657.266 to 657.269 and 657.270 to 657.282.
[1969 c.156 §9; 1975 c.257 §8; 1993 c.778 §15]Notwithstanding the requirements or restrictions of ORS
657.335 to 657.360 or the provisions of this chapter relating to
availability for work, actively seeking work or refusal to accept
suitable work, an unemployed individual participating in an
apprenticeship program who is otherwise eligible for unemployment
insurance benefits shall not be ineligible for such benefits or waiting
week credit solely by reason of attending a program of related
instruction established in accordance with ORS 660.157 when such
attendance does not exceed five weeks during the benefit year of the
individual and when such attendance is required as a condition of the
individual’s continued employment and shall be considered to be in a
program of instruction with the approval of the Director of the
Employment Department if the individual:
(1) Provides the director with a copy of that individual’s
effective apprenticeship agreement approved in accordance with the
requirements of ORS 660.002 to 660.210; and
(2) Establishes to the satisfaction of the director that the
training is scheduled by a work-related entity other than the claimant.
[1989 c.818 §3; 1999 c.124 §1] Except for benefits
paid pursuant to ORS 657.357, no employer’s account shall be charged for
benefits paid to an unemployed individual during the period such
individual is enrolled in and attending such program of instruction.
[1969 c.156 §4; 1971 c.82 §6; 1989 c.818 §4]SHARED WORK PLANS As used in ORS
657.370 to 657.390, unless the context requires otherwise:
(1) “Affected employee” means an individual who was continuously
employed as a member of the affected group, by the shared work employer,
for six months on a full-time basis or for one year on a part-time basis,
immediately preceding the submission by the employer of the shared work
plan.
(2) “Affected group” means three or more employees designated by
the employer to participate in a shared work plan.
(3) “Shared work employer” means an employer with a shared work
plan in effect.
(4) “Shared work plan” or “plan” means an employer’s voluntary,
written plan for reducing unemployment, under which a specified group of
employees shares the work remaining after their normal weekly hours of
work are reduced.
(5) “Approved shared work plan” or “approved plan” means an
employer’s shared work plan which meets the requirements of ORS 657.375.
(6) “Normal weekly hours of work” means the number of hours in a
week that the employee normally would work for the shared work employer
or 40 hours, whichever is less. [1982 s.s.1 c.2 §8] (1) An employer
wishing to participate in the shared work unemployment benefit program
shall submit a signed, written shared work plan to the Director of the
Employment Department for approval. The director shall give written
approval of a shared work plan only if it:
(a) Specifies the employees in the affected group.
(b) Applies to only one affected group.
(c) Includes a certified statement by the employer that each
individual specified in the affected group is an affected employee.
(d) Includes a certified statement by the employer that for the
duration of the plan the reduction in the normal weekly hours of work of
the employees in the affected group is instead of layoffs which otherwise
would result in at least as large a reduction in the total normal weekly
hours of work.
(e) Specifies an expiration date which is no more than one year
from the date the employer submits the plan for approval.
(f) Specifies the manner in which the employer will treat fringe
benefits of the employees in the affected group.
(g) Is approved in writing by the collective bargaining agent for
each collective bargaining agreement which covers any employee in the
affected group.
(2) The director shall establish the beginning and ending dates of
an approved shared work plan.
(3) The director shall approve or disapprove the plan within 15
days of its receipt. The director shall notify the employer of the
reasons for disapproval of a shared work plan within 10 days of such
determination. Determinations of the director shall be final and are not
subject to review by any court or other administrative body.
(4) Disapproval of a plan may be reconsidered upon application of
the employer or at the discretion of the director. Approval of a shared
work plan may be revoked by the director when it is established that such
approval was based, in whole or in part, upon information contained
therein which is either false or substantially misleading. [1982 s.s.1
c.2 §9; 1993 c.778 §21] (1)
Notwithstanding any other provision of this chapter, for the purposes of
ORS 657.370 to 657.390, an individual is unemployed and eligible to
receive shared work benefits with respect to any week if, in addition to
meeting all other eligibility requirements of this chapter, except as
specifically excepted in subsection (4) of this section, the Director of
the Employment Department finds:
(a) During the week the individual is employed as a member of an
affected group in an approved plan which was approved prior to the week
and is in effect for the week.
(b) During the week the individual’s normal weekly hours of work
were reduced, in accordance with an approved plan, at least 20 percent
but not more than 40 percent, with a corresponding reduction in wages.
(2) Shared work benefits shall not be paid to an eligible
individual for more than 26 weeks under an approved plan or modification
thereof.
(3) The total amount of regular benefits and shared work benefits
paid to an individual in a benefit year shall not exceed the total for
the benefit year as provided in ORS 657.150 (5).
(4) An otherwise eligible individual shall not be denied benefits
under this section because of the application of any provision of this
chapter relating to availability for work, active search for work or
refusal to apply for or accept work from other than the individual’s
shared work employer. [1982 s.s.1 c.2 §10](1) An individual who is eligible for
shared work benefits under ORS 657.370 to 657.390 shall be paid, with
respect to any week of unemployment, a weekly shared work unemployment
insurance benefit amount. Such amount shall be equal to the individual’s
regular weekly benefit amount multiplied by the nearest full percentage
of reduction of the individual’s regular weekly hours of work, as set
forth in the employer’s plan. The benefit payment under ORS 657.370 to
657.390, if not a multiple of one dollar, shall be rounded to the nearest
dollar, and an even one-half dollar shall be rounded to the next higher
multiple of one dollar.
(2) The provisions of ORS 657.150 (6) shall not apply to earnings
from the shared work employer of an individual eligible for payments
under ORS 657.370 to 657.390 unless the resulting payment would be less
than the regular benefit payment for which the individual would otherwise
be eligible under ORS 657.150 (6) without regard to shared work
unemployment insurance benefits.
(3) An individual shall be disqualified for benefits payable under
ORS 657.370 to 657.390 for any week in which paid work is performed for
the shared work employer in excess of the reduced hours as set forth in
the approved plan.
(4) Except as otherwise provided by or inconsistent with ORS
657.370 to 657.390, all provisions of this chapter and the rules of the
Director of the Employment Department apply to ORS 657.370 to 657.390.
The director may adopt such rules as is deemed necessary to make
distinctions and requirements to carry out the purposes of ORS 657.370 to
657.390. [1982 s.s.1 c.2 §11; 1983 c.51 §2; 2003 c.14 §404](1) Any employer who
participates in an approved shared work plan after December 31, 1993,
shall pay into the Unemployment Compensation Trust Fund an amount
equivalent to all shared work benefits paid to employees of the employer
under such plan during any rating period for which the employer’s benefit
ratio, expressed as a percentage rounded to the nearest 0.1 percent, is
in excess of the employer’s tax rate for such rating period.
(2) All reimbursement obligations arising under this section are in
addition to and separate from any other obligation imposed under this
chapter. At the end of each calendar quarter, the Director of the
Employment Department shall determine the amount of reimbursement due to
the fund from each employer participant in a shared work plan and shall
bill each employer for such amount. The reimbursement shall be subject to
the same interest, penalty and collection provisions as any other
reimbursement of unemployment insurance contributions provided for under
this chapter.
(3) Notwithstanding ORS 657.471 or any other provision to the
contrary, no benefit charges which are reimbursable under this section
shall be included in an employer’s benefit charges for any purpose in any
rating period. [1982 s.s.1 c.2 §12; 1993 c.778 §2]RECOVERY OF BENEFITS OBTAINED BY FRAUD(1) If an individual is liable to repay benefits under ORS
657.310, the amount liable to be repaid, interest and penalties due shall
be a lien in favor of the Director of the Employment Department upon all
property, whether real or personal, belonging to such individual.
(2) The lien shall be perfected and attach:
(a) To real and personal property located within the county, upon
the recording of a warrant, as provided in ORS 657.396, with the clerk of
the county in which the property is located.
(b) To personal property wherever located within the state, upon:
(A) The recording of a warrant, as provided in ORS 657.396, with
the clerk of any county; and
(B) The filing of a copy of the warrant with the Secretary of State
as provided in ORS 657.394.
(3) The lien created by this section may be foreclosed by a suit in
the circuit court in the manner provided by law for the foreclosure of
other liens on real or personal property. [1997 c.372 §5] (1) Any warrant
attaching the lien under ORS 657.392 may also be filed in the office of
the Secretary of State. Filing in the office of the Secretary of State
shall have no effect until a copy of the statement of lien or the warrant
has been recorded with the county clerk.
(2) When a copy of the statement of lien or the warrant is filed
with the Secretary of State in compliance with subsection (1) of this
section, such filing shall have the same effect with respect to personal
property as if the copy of the statement of lien or the warrant had been
duly recorded with the county clerk in each county of this state.
(3) A copy of the statement of lien or the warrant so filed with
the Secretary of State shall be filed and indexed by the Secretary of
State in the same manner as is provided in ORS 79.0501 for the filing and
indexing of financing statements. [1997 c.372 §6; 2001 c.445 §178]Note: For transition provisions regarding secured transactions, see
notes under 79.0628. (1) In
any case in which the Director of the Employment Department may bring a
civil action for the collection of amounts liable to be repaid under ORS
657.310 or interest on those amounts, the director may instead:
(a) Assess a collection charge of $5 if the sum of the amount
liable to be repaid or interest then due exceeds $10.
(b) Issue a warrant under official seal directed to the sheriff of
any county of the state commanding the sheriff to levy upon and sell the
real and personal property of the individual found within that county,
for the payment of the amount liable to be repaid with the added
interest, collection charge and the sheriff’s cost of executing the
warrant, and to return such warrant to the director and pay to the
director the money collected by virtue thereof by a time to be therein
specified, but not less than 60 days from the date of the warrant.
(2) The sheriff shall, within five days after the receipt of the
warrant, record with the clerk of the county a copy thereof, and
thereupon the clerk shall enter in the County Clerk Lien Record the name
of the individual mentioned in the warrant, and the amount liable to be
repaid, interest and collection charge for which the warrant is issued
and the date when such copy is recorded. Thereupon the amount of the
warrant so recorded shall become a lien upon the title to and interest in
property of the individual against whom it is issued in the same manner
as a judgment that creates a judgment lien under ORS chapter 18. The
sheriff thereupon shall proceed upon the same in all respects, with like
effect and in the same manner prescribed by law in respect to executions
issued against property upon the judgment of a court of record, and shall
be entitled to the same fees for services in executing the warrant, to be
added to and collected as a part of the warrant liability.
(3) In the discretion of the director, a warrant of like terms,
force and effect may be issued and directed to any agent authorized by
the director to collect amounts liable to be repaid and in the execution
thereof the agent shall have all the powers conferred by law upon
sheriffs, but is entitled to no fee or compensation in excess of actual
expenses paid in the performance of such duty.
(4) If a warrant is returned not satisfied in full, the director
shall have the same remedies to enforce the claim for amounts due and
interest against the individual as if the director had recovered judgment
against the individual for the amount liable to be repaid and interest.
(5) Interest upon the amounts liable to be repaid as set forth in
the warrant shall be paid and collected at the rate prescribed in ORS
657.310. [1997 c.372 §7; 2003 c.576 §216] Any lien
provided for in ORS 657.392 and 657.394 may be released, compromised or
satisfied by the Director of the Employment Department, and the property
against which a lien is claimed shall be released therefrom by filing a
notice of such release or satisfaction with the county clerk of the
county in which the notice of lien claim was filed. [1997 c.372 §8] (1) There
is established in the State Treasury, separate and distinct from the
General Fund, the Employment Department Special Fraud Control Fund. The
fund shall consist of moneys collected or received by the Employment
Department as follows:
(a) All interest collected under ORS 657.310.
(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 only to the Employment Department, and
may not be transferred or otherwise made available to any other state
agency.
(3) All amounts in the Employment Department Special Fraud Control
Fund are to be used for administrative costs associated with the
prevention, discovery and collection of unemployment benefit
overpayments, as included in the biennial budget of the Employment
Department and approved by the Legislative Assembly. [1997 c.372 §9]CONTRIBUTIONS BY EMPLOYERS; COVERAGE; RATEAs used in ORS 657.430 to 657.463 and 657.471 to
657.485, “computation date” means the June 30 preceding the calendar year
for which tax rates are to be effective. [Amended by 1955 c.655 §17; 1957
c.699 §5; 1961 c.252 §2; 1973 c.300 §9; 1975 c.257 §9] For the
purpose of determining the contribution of an employer, if a worker is
not employed at a fixed wage, after a fair hearing, the Director of the
Employment Department may establish a minimum wage at which such worker
shall be carried on the payroll of the employer. (1) No
employer subject to this chapter shall cease to be subject except upon a
written application and after a finding by the Director of the Employment
Department that the employer did not, during and since the preceding
calendar year, have sufficient employment or payroll to qualify as an
employer as defined in this chapter.
(2) The employer shall cease to be subject effective with the first
day of the calendar quarter in which the written application was filed.
Such exemption shall continue until the employer again qualifies as an
employer as defined in this chapter. [Amended by 1955 c.655 §18; 1981
c.77 §13]A business entity that has a single owner and is
disregarded as an entity separate from its owner for federal tax purposes
is deemed to be the same employing unit as its owner for unemployment
compensation tax purposes under this chapter. [2001 c.185 §2](1) Any employing unit, for which
individuals perform services that are not employment subject to this
chapter, may file with the Director of the Employment Department a
written election that all such excluded services are employment for all
the purposes of this chapter.
(2) Notwithstanding subsection (1) of this section:
(a) A nonprofit employing unit, a state agency, a political
subdivision or an Indian tribe may file a written election that all
otherwise excluded services performed by individuals within the same
grade, class or occupation or at a specific establishment or geographic
area are employment subject to this chapter.
(b) An employing unit for which services are performed that are
subject to the Federal Unemployment Tax Act may file a written election
with the director that such services are employment for all purposes of
this chapter.
(3) Elections filed pursuant to subsections (1) and (2) of this
section are not effective unless approved by the director. Upon approval
of the election by the director, the services are employment subject to
this chapter effective the first day of the calendar quarter in which the
election was filed, or a later date when so specified in the election.
Such election shall continue in effect until canceled but shall be for
not less than two completed calendar years.
(4) An employing unit may cancel its election as of January 1 of
any calendar year that is subsequent to two calendar years, only if such
employing unit has filed, at least 30 days prior to such January 1, a
written notice with the director of its intention to cancel such
election. Upon timely notice of intention to cancel the election, such
services shall cease to be employment subject to this chapter.
(5) The director may cancel the election of any employing unit and
such elected services shall cease to be employment subject to this
chapter at any time while such employing unit is in default in payment of
taxes or other amounts due under this chapter. [Amended by 1971 c.463
§14; 1973 c.715 §3; 1981 c.5 §4; 2001 c.572 §11; 2005 c.218 §14]Subject to ORS 657.480 and
the conditions and exceptions contained in this chapter, the Director of
the Employment Department shall, for each calendar year, determine the
tax rates applicable to each employer on the basis of the actual
experience of the employing enterprises of the employer with respect to
benefits paid to unemployed individuals on account of wages for services
performed in the employ of the employer during the base years of the
unemployed individuals. [Amended by 1973 c.300 §10; 2005 c.35 §1] For each calendar year beginning
after December 31, 1977, an employer’s tax rate shall be that rate
assigned in this section to the applicable schedule I through VIII of
Table A, ORS 657.462 in effect for such calendar year unless and until
there have been 12 consecutive months immediately preceding the
computation date, except as otherwise provided, throughout which the
employer’s account has been chargeable with benefits.
___________________________________________________________________________
___
Schedule of Table A, Tax Rate
ORS 657.462 Assigned I 2.7%
II 2.8%
III 3.0%
IV 3.1%
V 3.2%
VI 3.3%
VII 3.4%
VIII 3.5%
___________________________________________________________________________
___[Amended by 1955 c.',6'55 §5; 1973 c.300 §11; 1977 c.538 §1a; 1989 c.609 §2]Note: The amendments to 657.435 by section 5, chapter 183, Oregon
Laws 2005, apply to unemployment insurance tax reporting periods
beginning on or after January 1, 2007. See section 10, chapter 183,
Oregon Laws 2005. The text that applies to reporting periods beginning on
or after January 1, 2007, is set forth for the user’s convenience.
657.435. For each calendar year, an employer’s tax rate shall be
that rate assigned in this section to the applicable schedule I through
VIII of Table A, ORS 657.462 in effect for such calendar year unless and
until there have been 12 consecutive months immediately preceding the
computation date, except as otherwise provided, throughout which the
employer’s account has been chargeable with benefits.
___________________________________________________________________________
___ Schedule of Table A, Tax Rate
ORS 657.462 Assigned I 2.0%
II 2.1%
III 2.4%
IV 2.6%
V 2.9%
VI 3.1%
VII 3.2%
VIII 3.3%
___________________________________________________________________________
___(1) For
each year after December 31, 1993, an employer shall pay a penalty equal
to one percent of the employer’s taxable payroll in the preceding
calendar year if the employer has failed prior to September 1 to:
(a) File all tax reports as required by the Director of the
Employment Department; or
(b) Pay all taxes due.
(2)(a) On or before June 30, the director shall send a written
notice to each employer that has failed to file all required tax reports
or pay all taxes due, warning the employer about the penalty provided in
subsection (1) of this section.
(b) On or before October 20, the director shall assess the penalty
provided in subsection (1) of this section and send written notification
thereof to the employer’s last known address.
(c) An employer that is assessed a penalty under this section may
submit a written request that the penalty be waived. Such request must be
filed with the director on or before November 10 following the penalty
assessment and contain the specific reasons for the failure to file the
required reports or payments prior to September 1.
(d) The director may waive the penalty for good cause if the
employer has filed the required reports and payments.
(3)(a) If the request for waiver of the penalty is denied, the
director shall so notify the employer in writing. The decision denying
the request shall become final, unless within 20 days from the date the
decision is sent to the employer’s last known address, the employer files
a request for a hearing. The request for a hearing must be in writing and
state the reasons therefor.
(b) Hearings, decisions and reconsiderations under this section
shall be conducted in accordance with rules adopted by the director.
(c) Judicial review of an order assessing a penalty under this
section shall be as provided for review of orders in contested cases
under ORS chapter 183, except that the petition shall be filed within 20
days after the issuance of the order of the director or a designated
representative.
(4) The penalty provided in subsection (1) of this section shall be
collected in accordance with the provisions of ORS 657.515, and any
amounts collected pursuant to this subsection shall be paid to the
Employment Department Special Administrative Fund in accordance with the
provisions of ORS 657.830 (3). [1957 c.699 §8(1),(2); 1967 c.435 §4; 1977
c.538 §2; 1993 c.778 §19; 1995 c.173 §2] As used in
this chapter unless the context requires otherwise:
(1) “High benefit cost period” means the 12 consecutive month
period in the last 10 completed calendar years in which the benefit cost
rate was the highest. The benefit cost rate is determined by dividing the
amount of benefits paid attributable to employers subject to the tax,
during any 12 consecutive months within the 10-year period by total
wages, as defined in ORS 657.105, reported by all employers subject to
the tax for the four consecutive calendar quarters which includes the
quarter in which the 12 consecutive month period ended. All benefits paid
from the Unemployment Compensation Trust Fund attributable to employers
subject to the tax, including but not limited to the Oregon share of
extended benefits and any special state additional benefits, shall be
included in the amount of benefits under this subsection.
(2) “Average monthly employment” means the total number of persons
employed in each month for 12 consecutive months, as reported by
employers subject to the tax under this chapter, divided by 12.
(3) “Average weekly check amount” means the gross amount of benefit
payments, excluding extended benefits, made during a 12 consecutive month
period, divided by the number of such weekly payments made to all
individuals receiving benefits under this chapter during that period. The
number and amount of payments made under section 11, chapter 2, Oregon
Laws 1982 (first special session), shall be excluded from the computation
under this subsection.
(4) “Adjusted average weekly check amount” means the average weekly
check amount in a calendar year plus one-half of the increase in the
maximum weekly benefit amount plus one-half of the increase in the
minimum weekly benefit amount from the week including July 4 immediately
preceding such calendar year to the week including July 4 immediately
following such calendar year. [1969 c.157 §2 (657.458 and 657.459 enacted
in lieu of 657.461); 1971 c.463 §15; 1977 c.538 §3; 1983 c.508 §9] (1) For the
purpose of computing employer tax rates, the Director of the Employment
Department, or the director’s authorized representative, shall compute a
“Fund Adequacy Percentage Ratio.” This computation shall be made in
September of each year and shall be the ratio of the amount in the
Unemployment Compensation Trust Fund, as of August 31 preceding the
computation, to a calculated amount of benefits that would be paid during
the following calendar year if high unemployment were to occur. The
calculated amount of benefits shall be determined as follows:
(a) Average monthly employment in the calendar year preceding the
calculation shall be divided by the average monthly employment in the
high benefit cost period with the resulting quotient carried to the
fourth decimal place.
(b) The adjusted average weekly check amount for the calendar year
preceding the calculation shall be divided by the average weekly check
amount in the high benefit cost period with the resulting quotient
carried to the fourth decimal place.
(c) The amount of benefits paid during the high benefit cost period
and attributable to employers subject to the tax shall be multiplied by
the quotient determined in paragraph (a) of this subsection. The
resulting product shall be multiplied by the quotient determined in
paragraph (b) of this subsection. All benefits paid from the Unemployment
Compensation Trust Fund attributable to employers subject to the tax,
including but not limited to the Oregon share of extended benefits and
any special state additional benefits, shall be included in the amount of
benefits under this subsection.
(2) The amount in the Unemployment Compensation Trust Fund, as of
August 31 preceding the computation, shall be divided by the final
product determined in subsection (1)(c) of this section. The quotient
obtained shall be expressed as a percentage and is the “Fund Adequacy
Percentage Ratio” used to determine the applicable schedule of Table A of
ORS 657.462 to be in effect for the succeeding calendar year.
(3) Notwithstanding the provisions of subsection (2) of this
section, if the product obtained by multiplying 3.3 times the average
monthly employment in the calendar year preceding the calculation times
the adjusted average weekly check amount for the calendar year preceding
the computation exceeds the amount determined in subsection (1)(c) of
this section, such product shall be used in lieu of the amount determined
in subsection (1)(c) of this section in the Trust Fund Adequacy Ratio
calculation in subsection (2) of this section.
(4) Products obtained in subsections (1) and (3) of this section
shall be rounded to the nearest dollar. [1969 c.157 §3 (657.458 and
657.459 enacted in lieu of 657.461); 1971 c.463 §16; 1975 c.354 §2; 1977
c.538 §4; 1983 c.508 §10; 2005 c.22 §462]Note: The amendments to 657.459 by section 7, chapter 183, Oregon
Laws 2005, apply to unemployment insurance tax reporting periods
beginning on or after January 1, 2007. See section 10, chapter 183,
Oregon Laws 2005. The text that applies to reporting periods beginning on
or after January 1, 2007, is set forth for the user’s convenience.
657.459. (1) For the purpose of computing employer tax rates, the
Director of the Employment Department, or the director’s authorized
representative, shall compute a “Fund Adequacy Percentage Ratio.”This
computation shall be made in September of each year and shall be the
ratio of the amount in the Unemployment Compensation Trust Fund, as of
August 31 preceding the computation, to a calculated amount of benefits
that would be paid during the following calendar year if high
unemployment were to occur. The calculated amount of benefits shall be
determined as follows:
(a) Average monthly employment in the calendar year preceding the
calculation shall be divided by the average monthly employment in the
high benefit cost period with the resulting quotient carried to the
fourth decimal place.
(b) The adjusted average weekly check amount for the calendar year
preceding the calculation shall be divided by the average weekly check
amount in the high benefit cost period with the resulting quotient
carried to the fourth decimal place.
(c) The amount of benefits paid during the high benefit cost period
and attributable to employers subject to the tax shall be multiplied by
the quotient determined in paragraph (a) of this subsection. The
resulting product shall be multiplied by the quotient determined in
paragraph (b) of this subsection. All benefits paid from the Unemployment
Compensation Trust Fund attributable to employers subject to the tax,
including but not limited to the Oregon share of extended benefits and
any special state additional benefits, shall be included in the amount of
benefits under this subsection.
(2) The amount in the Unemployment Compensation Trust Fund, as of
August 31 preceding the computation, shall be divided by the final
product determined in subsection (1)(c) of this section. The quotient
obtained shall be expressed as a percentage and is the “Fund Adequacy
Percentage Ratio” used to determine the applicable schedule of Table A of
ORS 657.462 to be in effect for the succeeding calendar year.
(3) Notwithstanding the provisions of subsection (2) of this
section, if the product obtained by multiplying 3.0 times the average
monthly employment in the calendar year preceding the calculation times
the adjusted average weekly check amount for the calendar year preceding
the computation exceeds the amount determined in subsection (1)(c) of
this section, such product shall be used in lieu of the amount determined
in subsection (1)(c) of this section in the Trust Fund Adequacy Ratio
calculation in subsection (2) of this section.
(4) Products obtained in subsections (1) and (3) of this section
shall be rounded to the nearest dollar. (1) Subject to the
provisions of subsections (2) to (7) and (10) of this section, benefits
paid to an eligible individual shall be charged to each of the
individual’s employers during the base year in the same proportion that
the wages paid by each employer to the individual during the base year
bear to the wages paid by all employers to that individual during that
year.
(2) With the exception of a political subdivision electing to pay
taxes under ORS 657.509, an employer’s account shall not be charged with
benefits paid an unemployed individual in excess of one-third of the base
year wages paid that individual while in the employ of such employer.
(3) Benefits paid to an individual for unemployment immediately
after the expiration of a period of disqualification for having left work
of an employer voluntarily without good cause shall not be charged to
that employer.
(4) Benefits paid to an individual for unemployment immediately
after the expiration of a period of disqualification for having been
discharged by an employer for misconduct shall not be charged to that
employer.
(5) Benefits paid without any disqualification to an individual
shall not be charged to an employer of the individual for the immediate
period of unemployment when:
(a) The individual left work of the employer voluntarily for good
cause not attributable to the employer; or
(b) The employer discharged the individual because the individual
was unable to satisfy a job prerequisite required by law or
administrative rule.
(6) If it is determined under the provisions of subsection (3), (4)
or (5) of this section that benefits paid to an individual shall not be
charged to an employer, such employer’s account shall not be charged for
any benefits paid for any subsequent period or periods of unemployment
during that individual’s affected benefit year or during any benefit year
beginning within 52 weeks subsequent to the affected benefit year.
(7) If a base-year employer, not otherwise eligible for relief of
charges for benefits under this section, receives notification of an
initial valid determination of a claim filed by an individual who:
(a) Left work of such employer voluntarily and not attributable to
the employer, such employer may request relief of charges within 30 days
of the date the notice provided for in ORS 657.266 is mailed or delivered
to the employer. The request must advise the Director of the Employment
Department in writing the date of such leaving and that such leaving was
voluntary and not attributable to the employer and the reason therefor.
Upon receipt of such notice from the employer the director shall
investigate the separation and if the resulting determination, which
shall be made by the director, establishes that the leaving was voluntary
and not attributable to the employer, that employer’s account shall not
be charged with benefits during that individual’s benefit year. If the
individual was reemployed by such employer prior to the filing of the
initial valid claim, the employer shall not receive relief of the
employer’s account under this subsection;
(b) Was disqualified for the individual’s most recent separation
from such employer by the director’s decision that found the individual
has been discharged for misconduct connected with the work, that employer
may request relief of charges within 30 days of the date the notice
provided for in ORS 657.266 is mailed or delivered to the employer. Upon
receipt of such request from the employer, the director shall examine
department records and if the requirements of this subsection have been
met shall grant the relief of charges to that employer for benefits paid
to the individual during the benefit year; or
(c) Was discharged for reasons that would be disqualifying under
ORS 657.176 (2)(a), (b), (f), (g) or (h), the employer may request relief
of charges within 30 days of the date the notice provided for in ORS
657.266 is mailed or delivered to the employer. The request must specify
the date of the discharge and the reasons why the employer believes the
discharge was for reasons that would be disqualifying under ORS 657.176
(2)(a), (b), (f), (g) or (h). Upon receipt of the request from the
employer, the director shall review the information provided by the
employer and determine whether the employer is entitled to relief of
charges for benefits paid to the individual during the benefit year. If
the director determines that the employer is entitled to such relief of
charges, the director shall grant the relief.
(8) The determination of the director under subsection (7)(a) and
(c) of this section shall be final in all cases unless an application for
hearing is filed within 20 days after delivery of such decision, or, if
mailed, within 20 days after the same was mailed to the employer’s
last-known address. When a request for hearing has been timely filed, an
administrative law judge shall be assigned to conduct a hearing. After
the administrative law judge has afforded all parties an opportunity for
a fair hearing, the administrative law judge shall affirm or reverse the
decision and promptly notify all parties entitled to notice of the
decision and the reasons therefor. Decisions of the administrative law
judge under this subsection become final and may be judicially reviewed
as provided in ORS 657.684 to the extent applicable.
(9) If the director finds that an employer or any employee, officer
or agent of an employer, in submitting facts under subsection (7) or (8)
of this section willfully makes a false statement or representation or
willfully fails to report a material fact concerning the termination of
an individual’s employment, the director shall make a determination
thereon charging the employer’s reserve account not less than two nor
more than 10 times the weekly benefit amount of the claimant or
claimants, as the case may be. The director shall give notice to the
employer of the determination under this subsection and such decision of
the director shall become final unless an application for hearing is
filed in accordance with subsection (8) of this section.
(10) Benefits paid to an individual shall not be charged to a
base-year employer if:
(a) The employer furnished part-time work to the individual during
the base year;
(b) The individual has become eligible for benefits because of loss
of employment with one or more other employers;
(c) The employer has continued to furnish part-time work to the
individual in substantially the same amount as during the individual’s
base year; and
(d) The employer requests relief of charges within 30 days of the
date the notice provided for in ORS 657.266 is mailed or delivered to the
employer. [Formerly 657.466; 1967 c.435 §5; 1973 c.300 §12; 1975 c.257
§10; 1977 c.294 §6; 1983 c.518 §1; 1993 c.778 §22; 1995 c.79 §332; 1995
c.683 §1; 1997 c.59 §2; 1999 c.416 §1; 1999 c.849 §130; 1999 c.970 §1;
2003 c.75 §102; 2003 c.792 §3]
Employers subject to this chapter may be furnished, upon written request,
a statement of benefits charged to their accounts at such times and in
such form as may be determined by the Director of the Employment
Department. Nothing in this section shall in any way be construed as to
relieve an employer’s account from benefit charges nor to grant any
appeal therefrom. [1967 c.435 §2](1) Where a
number of workers are normally employed in employment in the course of a
year by several employers, such employers, with the approval of the
Director of the Employment Department, may appoint an agent who shall
maintain such records and prepare and file such returns and reports as
are required under this chapter in respect to such workers, including
returns and reports of wages paid and payable to such workers, and may
pay the employers’ contributions levied under this chapter in respect to
wages paid and payable to such workers and shall perform such other acts
on behalf of such employers as the director may authorize, all in the
same manner as though such agent were the employer of such workers.
(2) The director may, by regulation, provide for the manner of
crediting to each such employer the employment experience of such group
of employers who have appointed such agent with respect to such workers,
for the purpose of any classification of employers made pursuant to this
chapter for the determination of future rates of employers’ contributions.
(3) Any of such employers who operate or do business in more than
one place may, with the approval of the director, appoint a separate
agent in each such place.
(4) This section shall not be construed to make such agent the
employer of such workers, or relieve any employer of obligations to
comply with the terms of this chapter, except to the extent that such
obligations are discharged by such agent.For purposes of this chapter, if two or more
related corporations concurrently employ the same individual and
compensate such individual through a common paymaster which is one of
such corporations, each such corporation shall be considered to have paid
as remuneration to such individual only the amounts actually disbursed by
it to such individual, and shall not be considered to have paid as
remuneration to such individual amounts actually disbursed to such
individual by another of such corporations. [1979 c.255 §2](1) If an employer transfers its trade or business or a
portion of its trade or business to another employer, the portion of
unemployment experience attributable to the transferred trade or business
shall be transferred to the acquiring employer.
(2)(a) If a person is not an employer when the person acquires a
trade or business or a portion of a trade or business of an employer, the
unemployment experience of the acquired trade or business shall be
transferred to the person unless the Director of the Employment
Department finds that the person acquired the trade or business solely or
primarily for the purpose of obtaining a lower tax rate.
(b) The person described in paragraph (a) of this subsection is not
entitled to a tax rate of less than the tax rate assigned under ORS
657.435 unless and until the person, based upon the person’s unemployment
experience and the unemployment experience of the trade or business
transferred, has throughout the 12 consecutive months preceding the
computation date had its account chargeable with benefits.
(c) If the director finds that a person acquired a trade or
business solely or primarily for the purpose of obtaining a lower tax
rate, the director shall deny a transfer of unemployment experience. In
determining whether a person acquired a trade or business solely or
primarily for the purpose of obtaining a lower tax rate, the director
shall use objective factors that may include:
(A) The cost of acquiring the trade or business;
(B) Whether the person continued the business activities of the
transferred trade or business;
(C) How long the person continued the business activities of the
transferred trade or business; or
(D) Whether a substantial number of new employees were hired for
the performance of duties unrelated to the business activities of the
trade or business that were conducted before the transfer.
(3)(a) A person may not engage in activity to transfer or acquire,
or to attempt to transfer or acquire, a trade or business or any portion
of a trade or business solely or primarily for the purpose of obtaining a
lower tax rate. If a person knowingly engages in activity to transfer or
acquire, or to attempt to transfer or acquire, a trade or business or any
portion of a trade or business solely or primarily for the purpose of
obtaining a lower tax rate, the director shall assign the person the
highest tax rate designated under this chapter for the rate year during
which the activity occurred and for the next three rate years. However,
if the person is already subject to the highest tax rate for a year, or
if the amount of increase in the person’s tax rate would be less than two
percentage points for the year, the director shall impose an additional
penalty tax rate of two percentage points added to the calculated tax
rate.
(b) A person may not advise another person to engage in activity to
transfer or acquire, or to attempt to transfer or acquire, a trade or
business or any portion of a trade or business solely or primarily for
the purpose of obtaining a lower tax rate. In addition to any other
penalty provided by law, the director may assess a civil penalty not to
exceed $10,000 against a person that knowingly advises another person to
engage in activity to transfer or acquire, or to attempt to transfer or
acquire, a trade or business or any portion of a trade or business solely
or primarily for the purpose of obtaining a lower tax rate. The director
shall deposit all sums collected as civil penalties under this paragraph
into the Employment Department Special Administrative Fund. An assessment
under this paragraph is final unless within 20 days after the mailing of
the notice of assessment the person files an application for a hearing
under ORS 657.683.
(c) As used in this subsection, “knowingly” means having actual
knowledge of or acting with deliberate ignorance or reckless disregard
for the law.
(4) The director shall adopt necessary rules and procedures
regarding the transfer of unemployment experience for purposes of
establishing employer tax rates under this chapter to ensure that higher
tax rates are not avoided through the transfer or acquisition of a trade
or business or a portion of a trade or business. In adopting rules under
this section, the director shall consider and strive to meet the minimum
requirements in any guidance or regulations issued by the United States
Department of Labor. [Amended by 1977 c.538 §6; 1999 c.513 §1; 2005 c.35
§2]Note: Section 4, chapter 35, Oregon Laws 2005, provides:
Sec. 4. For the period of one year after the effective date of this
2005 Act [January 1, 2006], the Director of the Employment Department
shall waive all civil penalties and interest under ORS 657.480 and may
not initiate any criminal prosecution under ORS 657.990 (3) if both of
the following conditions are met:
(1) The person voluntarily contacts the Employment Department to
resolve any issue of past activity that could be construed as prohibited
under ORS 657.480; and
(2) The person pays all past due taxes owed as a result of the
improper but previously undetected transfers of unemployment experience.
[2005 c.35 §4](1) An employer, when notified that the employer has
been determined an employer subject to this chapter, shall also be
notified of the tax rate for the employer as determined pursuant to this
chapter. Such tax rate shall become conclusive and binding upon the
employer unless within 20 days after the mailing of the notice to the
last-known address of the employer as shown on the records of the
Director of the Employment Department, or in the absence of mailing,
within 20 days after the delivery of such notice, the employer files a
request for hearing with the director, setting forth the reason therefor.
(2) An employer whose rate has been determined in accordance with
the provisions of ORS 657.462, shall be notified of the tax rate for the
employer not later than November 15 of the year preceding the calendar
year for which the rate is applicable. An employer whose account is open
according to the Employment Department records as of November 15 but
whose tax rate was not determined under ORS 657.462 shall be notified of
the tax rate for the following calendar year by November 15 or as soon as
possible thereafter. Such tax rate shall become conclusive and binding
upon the employer unless, within 20 days after the mailing of the notice
to the last-known address of the employer as shown by the records of the
director or, in the absence of mailing, within 20 days after the delivery
of such notice, the employer files a written application for review and
redetermination with the director, setting forth the reasons therefor.
(3) If a valid application is filed within the time provided in
subsection (2) of this section, an authorized representative of the
director shall review the determination and notify the employer in
writing thereof. If the review results in a change in either the
employer’s tax rate or information included on the original tax rate
notice, an amended notice shall be provided the employer.
(4) The decision of the authorized representative reflecting the
result of the review provided for in subsection (3) of this section shall
become final and conclusive and binding upon the employer unless the
employer, within 20 days after delivery of the notice, or if mailed,
within 20 days after the same was mailed to the last-known address of the
employer, files a request for hearing with the director. The request
shall be in writing and shall state that the decision of the authorized
representative is incorrect and the reasons therefor.
(5) When a valid request for hearing has been filed, as provided in
subsections (1) and (4) of this section, a hearing shall be conducted by
an administrative law judge assigned from the Office of Administrative
Hearings established under ORS 183.605 unless a hearing has previously
been afforded the employer on the same grounds as set forth in the
request. The administrative law judge shall give notice of the time and
place of hearing to the director or authorized representative of the
director and shall also give notice to the employer by mail directed to
the last-known address of record with the director. Hearings under this
subsection shall be conducted in accordance with this chapter. The filing
of a request for hearing with respect to a disputed tax rate shall not
affect the right of the director or authorized representative of the
director to perfect any liens provided by this chapter.
(6) After hearing, the administrative law judge shall enter
findings of fact and decision either affirming or modifying the tax rate
notice. The employer and the director shall be promptly notified of the
decision of the administrative law judge. All testimony at any hearing
held before an administrative law judge under this section shall be
recorded but need not be transcribed unless a petition for judicial
review from the decision of the administrative law judge is filed in the
manner and within the time prescribed in ORS 657.487.
(7) A decision of the administrative law judge is final on the date
of notification or the mailing thereof to the director and to the
employer at the last-known address of record with the director, and shall
become conclusive and binding upon the employer and the director unless a
petition for judicial review is filed in the manner and within the time
prescribed in ORS 657.487.
(8) No employer shall have any standing, in any proceeding
involving tax rate or tax liability, to contest the chargeability to the
account of the employer of any benefits paid in accordance with a
determination, redetermination or decision pursuant to ORS 657.265,
657.266 to 657.269 and 657.270 to 657.290, except upon the ground that
the services on the basis of which such benefits were found to be
chargeable did not constitute services performed in employment for the
employer or for a predecessor employer and only in the event that the
employer or the predecessor was not a party to such determination,
redetermination or decision or to any other proceeding under this chapter
in which the character of such service was determined. At any hearing
under this section the tax rate determined by the director or authorized
representative of the director shall be prima facie correct and the
burden shall be upon the protesting employer to prove it is incorrect.
[Amended by 1959 c.583 §22; 1965 c.210 §5; 1971 c.734 §95; 1977 c.538 §7;
1993 c.778 §16; 1999 c.849 §§132,133; 2003 c.75 §51] Judicial
review of decisions or orders under ORS 657.485 shall be as provided for
review of orders in contested cases in ORS chapter 183, except that the
petition shall be filed within 20 days after the order is final. The
Director of the Employment Department may file petition for judicial
review in accordance with this section from decisions of the
administrative law judge. [1971 c.734 §97; 1977 c.538 §8; 1999 c.849
§135; 2003 c.75 §103]This chapter shall not be construed to grant any employer
or any individual in the service of the employer prior claims or rights
to the amount paid by the employer into the fund. No person shall willfully
make a false statement or misrepresentation to lower contributions paid
to the fund.COLLECTION OF TAXES (1) The
noncharging provisions of this chapter, including but not limited to ORS
657.327, 657.360, 657.471 and 657.770, do not apply to employers making
reimbursement payments or payments in lieu of taxes in accordance with
ORS 657.505.
(2) The noncharging provisions of this chapter apply to taxpaying
Indian tribes, except that, notwithstanding ORS 657.327, one-half of
extended benefits applicable to an Indian tribe paying taxes under ORS
657.505 shall be charged to the Indian tribe. [1973 c.118 §4; subsection
(2) of 2005 Edition enacted as 2005 c.181 §2] (1) On and after
January 1, 1936, taxes shall be payable by each employer then subject to
this chapter. Taxes shall become payable by any other employer on and
after the date on which the employer becomes subject to this chapter.
(2) An employer shall be liable for taxes on all wages paid for
services performed on or after the first day of a calendar quarter.
(3) Taxes of an employer shall not become payable until this
chapter has been approved by the Secretary of Labor, and notice of such
approval has been given to the Governor as provided in section 3304 of
the Federal Unemployment Tax Act.
(4) All taxes shall be paid to and collected by the Director of the
Employment Department at such times and in such manner as the director
may prescribe and upon collection, shall be deposited in the Unemployment
Compensation Trust Fund.
(5) In lieu of taxes required of all other employers subject to
this chapter, the state shall pay into the fund an amount equivalent to
the amount of all regular benefits and all extended benefits paid out to
claimants who during the applicable base year were paid wages by the
state. Payments required under this section shall be payable from the
General Fund of the state, except that if a claimant was paid wages by
the state during the base year from a special or administrative fund
provided for by law, the payment into the fund shall be made from such
special or administrative fund with the approval of the Oregon Department
of Administrative Services.
(6) Any political subdivision subject to this chapter shall, in
lieu of taxes required of other employers subject to this chapter, pay
into the fund an amount equivalent to the amount of all regular benefits
and all extended benefits paid out to claimants who during the applicable
base year were paid wages by the political subdivision.
(7)(a) Any nonprofit employing unit or any Indian tribe subject to
or electing coverage under this chapter shall pay taxes under the
provisions of ORS 657.475 and 657.480. However:
(A) Such nonprofit employing unit may elect to make reimbursement
payments into the Unemployment Compensation Trust Fund in an amount
equivalent to the amount of regular benefits and one-half of extended
benefits paid out to claimants who during the applicable base period were
paid wages by such nonprofit employing unit. Such reimbursement payments
shall be deemed to be taxes for all purposes of this chapter.
(B) Such Indian tribe may elect to make reimbursement payments into
the Unemployment Compensation Trust Fund in an amount equivalent to the
amount of regular benefits and all extended benefits paid out to
claimants who during the applicable base period were paid wages by the
Indian tribe. Such reimbursement payments shall be deemed to be taxes for
all purposes of this chapter.
(b) A nonprofit employing unit or an Indian tribe may elect to make
reimbursement payments by filing with the director a written notice to
this effect within the 30-day period following the close of the calendar
quarter in which the nonprofit employing unit or Indian tribe became an
employer, or may make a timely election within 30 days after the director
finds the nonprofit employing unit or Indian tribe in default with
respect to payment of taxes if the director has not found the default to
be due to an intent to postpone or avoid either payment of taxes due the
Unemployment Compensation Trust Fund or the election to make
reimbursement payments pursuant to this paragraph. A nonprofit employing
unit or an Indian tribe failing to submit a timely notice of election of
reimbursement shall be liable for taxes on any wages paid for services
performed for such nonprofit employing unit or Indian tribe for two
calendar years. Such nonprofit employing unit or Indian tribe will remain
liable for taxes for any calendar year thereafter unless a written notice
of election of reimbursement is filed with the director by January 31 of
such calendar year. The director shall for good cause extend the period
within which a notice of election of reimbursement must be filed for an
additional 30 days.
(c) Elections of reimbursement shall continue until canceled but
shall be for a period of not less than two calendar years. Any nonprofit
employing unit or Indian tribe may cancel such election, and pay taxes as
any other employer, by filing with the director a written notice of its
intention to cancel such election by January 31 of the year in which the
cancellation is to be effective. The director may for good cause extend
the period within which a notice of cancellation may be filed for an
additional 30 days. Once a cancellation is effective the nonprofit
employing unit or Indian tribe must pay taxes for two calendar years
before it is again eligible for election of reimbursement. An employer
whose election of reimbursement has been canceled shall thereafter be
liable for taxes at the rate assigned an employer in accordance with ORS
657.435 until such employer is eligible for a rate based on the
experience of the employer in accordance with the provisions of ORS
657.475 and 657.480.
(d) Each nonprofit employing unit that elects to reimburse the fund
shall, within 30 days after the effective date of its election, either
execute and file with the director a surety bond or deposit with the
director money, an irrevocable letter of credit issued by an insured
institution as defined in ORS 706.008 or other security as approved by
the director. The amount of the bond or deposit shall be two percent of
the nonprofit employing unit’s total wages paid for employment covered by
this chapter for the four calendar quarters immediately preceding the
effective date of the election. If the nonprofit employing unit did not
pay wages in each of such four calendar quarters, the amount of the bond
or deposit shall be as determined by the director. The amount of the bond
or deposit shall not exceed the amount of taxes the nonprofit employing
unit would have been assessed at the maximum tax rate for the same period
had not the nonprofit employing unit elected to make reimbursement
payments. However, no surety bond or deposit shall be required of an
institution of higher education, unless in the discretion of the director
the director determines that a surety bond or deposit shall be required
of such an institution.
(A) Any bond or letter of credit deposited under this paragraph
shall be in force for a period of not less than two calendar years and
shall be renewed with the approval of the director, at such times as the
director may prescribe, but not less frequently than at two year
intervals as long as the nonprofit employing unit continues to be liable
for reimbursement payments. The director shall require adjustments to be
made in a previously filed bond or letter of credit as the director deems
appropriate. If the bond or letter of credit is to be increased, the bond
or letter of credit shall be filed by the nonprofit employing unit within
30 days of the date notice of the required adjustment was mailed or
otherwise delivered to it. Failure by any nonprofit employing unit
covered by such bond or letter of credit to pay the full amount of
reimbursements when due, together with any applicable interest and
penalties, shall render the surety liable on said bond or the issuer
liable on the letter of credit to the extent of the amount thereof
including interest and penalties assessed pursuant to this chapter.
(B) Any deposit of money or security in accordance with this
paragraph shall be retained by the director. Money shall be deposited in
the Employment Tax Guarantee Fund. When liability under the election is
terminated the deposit shall be returned to the nonprofit employing unit,
less any deductions as hereinafter provided. The director may transfer
moneys from the Employment Tax Guarantee Fund or sell securities
deposited as necessary to satisfy any due and unpaid reimbursements and
any applicable interest and penalties. The director shall require the
nonprofit employing unit within 30 days following transfer of a money
deposit or sale of securities to deposit sufficient additional money or
securities to restore the original deposit in full. The director may, at
any time, review the adequacy of the deposit made by any nonprofit
employing unit. If, as a result of such review, the director determines
that an adjustment is necessary, the director shall require the nonprofit
employing unit to make an additional deposit within 30 days of written
notice of the determination or shall return to it such portion of the
deposit as the director no longer considers necessary, whichever action
is appropriate.
(C) If any nonprofit employing unit fails to file a bond or make a
deposit, or to file a bond in an increased amount or to increase or make
whole the amount of a previously made deposit, as provided in this
section, the director may terminate such nonprofit employing unit’s
election to make reimbursement payments. The director may extend for good
cause the applicable filing, deposit or adjustment period by not more
than 30 days. A nonprofit employing unit having its election terminated
under this section shall pay taxes for a period of two calendar years
before it is again eligible for election to reimburse.
(8)(a) At the end of each calendar quarter, or at the end of any
other period as prescribed by the director, the director shall determine
the amount of payments in lieu of taxes or reimbursement payments
required, under subsections (5), (6) and (7) of this section, and shall
bill each employer for such amount. If a claimant during a base year was
employed by an employer liable for payments in lieu of taxes or
reimbursement payments and other employers subject to the tax rate
provisions of this chapter, the amount to be paid into the fund by
employers liable for payments in lieu of taxes or reimbursement payments
shall be an amount that is in the same proportion that the wages paid by
each employer to the individual during the base year bear to the wages
paid by all employers to that individual during that year.
(b) In determining the amount of payments in lieu of taxes or
reimbursement payments, benefits paid for any reason shall be included if
such benefits or any portion thereof were paid as a result of wages
earned in the employ of an employer required to make reimbursing payments
or payments in lieu of taxes. Such benefits paid include but are not
limited to payments made as a result of a determination or payments
erroneously or incorrectly paid or paid as a result of a determination of
eligibility that is subsequently reversed. Any benefit payments described
in this paragraph that are subsequently recovered by the Employment
Department will be credited on a pro rata basis to the account of the
employer that reimbursed the fund for such benefits.
(c) Payment of any bill rendered under paragraph (a) of this
subsection shall be made not later than the last day of the month
immediately following the month in which such bill was mailed to the
last-known address of the employer or was otherwise delivered to it. The
director may assess a nonprofit employing unit or an Indian tribe for
past due taxes and such assessment shall be subject to the same interest,
penalties, enforcement, appeal and any other provisions of this chapter
that apply to taxes assessed pursuant to ORS 657.681.
(d) If a nonprofit employing unit is delinquent in making
reimbursement payments as required under this section, the director may
terminate the nonprofit employing unit’s election and the nonprofit
employing unit must pay taxes for two calendar years before it is again
eligible for election of reimbursement. Any employer whose election is
terminated under provisions of this subsection shall remain liable for
reimbursement payments for any benefits paid based on wages received
prior to the effective date of termination of the election.
(e)(A) If an Indian tribe fails to make reimbursement payments as
required under this section, including assessments of interest and
penalties, within 90 days of receipt of the delinquency or bill, the
director shall terminate the Indian tribe’s election and the Indian tribe
must pay taxes for two calendar years before it is again eligible for
election of reimbursement. Any employer whose election is terminated
under the provisions of this subsection remains liable for reimbursement
payments for any benefits paid based on wages received before the
effective date of termination of the election.
(B) Services performed for an Indian tribe may not be treated as
employment for purposes of this chapter if, after all collection
activities considered necessary by the director have been exhausted, the
Indian tribe or any unit of the Indian tribe fails to make required
payments, including contributions, reimbursement payments and assessments
of interest and penalties.
(C) Services performed for an Indian tribe that has lost coverage
under subparagraph (B) of this paragraph may be treated as employment for
purposes of this chapter if the Indian tribe makes all required payments,
including contributions, reimbursement payments and assessments of
interest and penalties.
(D) For purposes of this section, an Indian tribe and any units of
the Indian tribe that separately elect coverage are jointly and severally
liable for all required payments, including contributions, reimbursement
payments and assessments of interest and penalties.
(E) The director shall notify the United States Internal Revenue
Service and the United States Department of Labor if an Indian tribe
fails to make payments required under this section, including assessments
of interest and penalties, within 90 days of receipt of a final notice of
assessment.
(9) Notwithstanding the provisions of subsections (5), (6), (7) and
(8) of this section, each employing unit that is required to make
payments in lieu of taxes or has elected to make reimbursement payments
may request permission to make advance or budget payments in accordance
with rules adopted by the director.
(10) Two or more employers that have become liable for payments in
lieu of taxes or reimbursement payments, in accordance with the
provisions of subsections (5), (6) and (7) of this section, may file a
joint application to the director for the establishment of a group
account for the purpose of sharing the cost of benefits paid that are
attributable to service in the employ of such employers. Each application
shall identify and authorize a group representative to act as the group’s
agent for the purpose of this subsection. Upon the approval of the
director of the application, the director shall establish a group account
for such employers effective as of the beginning of the calendar quarter
in which the director receives the application and shall notify the
group’s agent of the effective date of the account. Such account shall
remain in effect for not less than two years and thereafter until
terminated at the discretion of the director or upon application by the
group. Upon establishment of the account, each member of the group shall
be liable for payments with respect to each calendar quarter in the
amount that bears the same ratio to the total benefits paid in such
quarter that are attributable to service performed in the employ of all
members of the group. The director shall prescribe such rules as the
director deems necessary with respect to application for establishment,
maintenance and termination of group accounts. This subsection shall not
be construed to make such agent the employer of such workers, or relieve
any employer of the obligations of the employer to comply with the terms
of this chapter, except to the extent that such obligations are
discharged by such agent as provided thereunder. [Amended by 1957 c.682
§6; 1971 c.463 §18; 1973 c.118 §2; 1977 c.446 §7; 1989 c.329 §4; 1989
c.609 §3; 1991 c.67 §161; 1991 c.331 §96; 1997 c.631 §516; 2001 c.572
§12; 2003 c.401 §1; 2005 c.218 §15](1) The person or organization engaging the services of a
musician or musicians shall be considered the employer for the purposes
of this chapter, except when the services are performed pursuant to a
written contract that expressly designates one or more musicians who sign
the contract as responsible for the filing of any reports and the payment
of any taxes based upon wages or earnings of a musician or musicians
performing services under the contract. A written contract that so
designates a musician or musicians as responsible shall be conclusive
evidence that the person or organization engaging the services is not the
employer of a musician or musicians performing services under the
contract. The musician or musicians who sign a written contract
designating them as responsible shall, for purposes of this chapter, be
considered the employer of any musician performing services under the
contract who did not sign the contract.
(2) The provisions of subsection (1) of this section do not apply
to services performed for:
(a) A nonprofit employing unit;
(b) This state;
(c) A political subdivision of this state; or
(d) An Indian tribe. [1965 c.392 §2; 1977 c.538 §9; 1983 c.545 §1;
2001 c.572 §13; 2005 c.218 §17] (1) If
upon satisfactory evidence the Director of the Employment Department
finds it necessary for the protection of the Unemployment Compensation
Trust Fund, the director may require any employer subject to this
chapter, except the state, including every state officer, board,
commission, department, institution, branch, agency or political
subdivision, to deposit and keep on deposit, with the director, a sum
equal to the contributions due the director upon the employer’s payroll
or estimated payroll covering a period of three calendar quarters.
(2) The director may, at the discretion of the director and in lieu
of such deposit, accept a bond or an irrevocable letter of credit issued
by an insured institution as defined in ORS 706.008 in a form acceptable
to the director to secure payment of contributions to become due the
fund. The deposit or posting of the bond or letter of credit shall not
relieve the employer from making contributions to the fund based on the
payroll of the employer as provided by this chapter. The director may, at
the discretion of the director, at any time apply such deposit or bond or
letter of credit or part thereof to the delinquencies or indebtedness of
the employer arising under any provision of this chapter.
(3) Any deposit, letter of credit or bond shall be deemed for all
purposes to become the sole property of the Director of the Employment
Department and shall be deposited in the Employment Tax Guarantee Fund
and held for the sole benefit of the Unemployment Compensation Trust Fund
and the Employment Department Special Administrative Fund, subject only
to subsection (4) of this section. The deposit, letter of credit or bond
shall be prior to all other liens, claims or encumbrances and shall be
exempt from any process, attachment, garnishment or execution whatsoever
and shall be for the sole benefit of the Unemployment Compensation Trust
Fund and the Employment Department Special Administrative Fund except as
provided in subsection (4) of this section.
(4) If an employer ceases to be an employer subject to this
chapter, the Director of the Employment Department shall, upon receipt of
all payments due the fund based on the employer’s payroll, refund to the
employer all deposits remaining to the employer’s credit and shall cancel
any bond or letter of credit given under this section. Such sums as are
on deposit in the Employment Tax Guarantee Fund or bonds held for the
benefit of the Unemployment Compensation Trust Fund shall first be
applied to any indebtedness or deficiencies due from the employer to the
Unemployment Compensation Trust Fund and the Employment Department
Special Administrative Fund under any provisions of this chapter before
any return is made to the employer. The employer shall have no interest
in such deposit, letter of credit or bond prior to full compliance with
this section and all provisions of this chapter. [1959 c.598 §7; 1967
c.435 §6; 1991 c.331 §97; 1997 c.631 §517; 1999 c.59 §197] (1) If an employer
fails to comply with ORS 657.507, the circuit court of the county in
which the employer resides or in which the employer engages in business
shall, upon the commencement of a suit by the Director of the Employment
Department for that purpose, enjoin the employer from further employing
individuals in this state or continuing in business therein until the
employer has complied with ORS 657.507.
(2) Upon filing of a suit for such purpose by the director, the
court shall set a day for hearing and shall cause notice thereof to be
served upon the employer. The hearing shall be not less than five days
from the service of the notice. [1959 c.598 §8; 1967 c.435 §7; 1983 c.508
§11](1) Instead of the amount to be paid into the
fund under provisions of ORS 657.505 (6), a political subdivision may
elect to pay taxes in accordance with the provisions of ORS 657.430 and
657.480. The election shall be on forms prescribed by the Director of the
Employment Department and must be filed within the 30-day period
following the close of the calendar quarter in which the political
subdivision became an employer. An employer failing to submit a timely
notice of election under this section shall be liable under provisions of
ORS 657.505 (6) for a minimum of two calendar years. Thereafter such
employer may file a written election to pay taxes. Such election must be
filed by January 31 of the calendar year for which the election is to be
effective. The director may for good cause extend the period within which
an election must be filed for an additional 30 days.
(2) An election shall continue until canceled but shall be for a
period of not less than two calendar years. An employer may cancel such
election by filing with the director a written notice of its intention to
cancel by January 31 of the year in which the cancellation is to be
effective. The director may for good cause extend the period within which
a notice of cancellation may be filed for an additional 30 days. Once a
cancellation is effective, the political subdivision must pay amounts in
accordance with ORS 657.505 (6) for two calendar years before it is again
eligible to elect payment under this section.
(3) All noncharging provisions of this chapter shall apply to
political subdivisions electing to pay taxes under this section, except
that with respect to ORS 657.327, one-half of extended benefits
applicable to a political subdivision paying taxes under this section
shall be charged to the political subdivision.
(4) Notwithstanding the provisions of subsections (1) and (2) of
this section, any political subdivision may elect to pay taxes or cancel
a tax election effective January 1, 1978, if such election or notice of
cancellation is filed by January 31, 1978. The director may for good
cause extend the period for filing an election for an additional 30 days.
[1973 c.715 §5; 1975 c.156 §3; 1977 c.446 §8; 1989 c.609 §4] If not later than three years after the date on
which any contributions, interest, fines or penalties were paid pursuant
to this 1965 Act, an employer who has paid such contributions, interest,
fines or penalties makes application for an adjustment thereof in
connection with subsequent contributions, interest, fine or penalty
payments, or for a refund thereof because such adjustment cannot be made,
and the Director of the Employment Department determines that such
contributions, interest, fines or penalties, or any portion thereof were
collected erroneously, the director shall allow such employer to make an
adjustment of the amount erroneously paid, without interest, in
connection with subsequent contributions, interest, fine or penalty
payments by the employer or, if such adjustment cannot be made, the
director shall refund said amount, without interest, from the
Unemployment Compensation Trust Fund or from the Employment Department
Special Administrative Fund, as applicable; provided that the director
shall not allow any adjustment in connection with subsequent
contributions for amounts of interest, fines or penalty payments
collected or received subsequent to July 1, 1965, nor shall the director
refund any such payment from the fund except that the director may refund
any such payment from the interest, fine and penalty collected after such
date which are temporarily in the fund for clearance pending transfer to
the Employment Department Special Administrative Fund. For like cause and
within the same period, adjustment or refund from the Unemployment
Compensation Trust Fund and the Employment Department Special
Administrative Fund, as appropriate, may be so made on the director’s own
initiative. Refunds of contributions pursuant to ORS 657.065 (1) shall be
refunded by the director from the fund without application. When refunds
of contributions are made pursuant to ORS 657.065 (1), refunds of fines,
penalties and interest, if any, shall be made from the Employment
Department Special Administrative Fund without application. [Amended by
1965 c.359 §4]Note: Pursuant to 173.160, Legislative Counsel has not substituted
specific ORS references for the words “this 1965 Act” in 657.510. The
sections for which substitution otherwise would be made may be determined
by referring to the 1965 Comparative Section Table located in Volume 20
of ORS.(1) A political subdivision
required to make payments into the Unemployment Compensation Trust Fund
under ORS 657.505 may request the Director of the Employment Department
to pay on behalf of the political subdivision such amounts as the
political subdivision is required to pay into the fund. The employer may
request the director to pay on its behalf such amounts as the political
subdivision is required to pay into the fund. This request must be filed
with the director by January 31 of any year in order to be effective July
1 of that year.
(2) A request shall continue until canceled but shall be for a
period of not less than two years. A political subdivision may cancel its
request by filing a written notice of its intention to cancel with the
director by January 31 of the year in which the cancellation is to be
effective. A cancellation shall be effective only on June 30 of a year.
The political subdivision shall be responsible for paying into the
Unemployment Compensation Trust Fund any amounts paid out to claimants
after the effective date of a cancellation and attributable to base
period wages paid by the political subdivision during a period it was
subject to the provisions of ORS 293.701, 294.725 to 294.755, 657.505 or
this section.
(3) The director may for good cause extend the period within which
a request or cancellation of a request must be filed for an additional 30
days.
(4) The director shall pay into the Unemployment Compensation Trust
Fund from the Local Government Employer Benefit Trust Fund such amounts
of benefits that are paid to claimants during the period the political
subdivision is a participant in the Local Government Employer Benefit
Trust Fund created by ORS 294.730. Benefits paid to claimants during a
period when the political subdivision is not a participant shall be
reimbursed directly to the Unemployment Compensation Trust Fund by the
political subdivision. [1977 c.491 §2; 1989 c.135 §6; 1995 c.79 §333](1) If an employer defaults with respect to any
payment required to be made by the employer to the Unemployment
Compensation Trust Fund, the taxes at any time due, together with
interest thereon and penalties, shall be collected by the Director of the
Employment Department in a civil action against such employer brought in
the name of the director and judgment rendered thereon shall bear
interest at the rate provided in subsection (2) of this section. Such
employer’s compliance with this chapter, requiring payments to be made to
the Unemployment Compensation Trust Fund, shall date from the time said
money was collected. The amount of taxes collected shall be paid into the
Unemployment Compensation Trust Fund. The amount of interest, penalties
and fines collected pursuant to this subsection shall be paid to the
Employment Department Special Administrative Fund in accordance with the
provisions of ORS 657.830 (3).
(2) Interest upon the amount due from an employer shall be paid and
shall be collected, at the same time payment of taxes is required to be
made by such employer to the Unemployment Compensation Trust Fund at the
rate of one and one-half percent per month from the date prescribed for
the payment to the Unemployment Compensation Trust Fund. In computing
such interest, a fraction of a month shall be counted as a full month.
(3) If any employer fails to make payment of taxes required by this
chapter at the time prescribed by the director for the payment thereof,
such employer shall be in default.
(4) If any employer who is in default with respect to payment of
any taxes fails to make payment thereof within 10 days after written
demand therefor has been made by the director, such employer shall be
subject, in the discretion of the director, to a penalty of 10 percent of
the amount of such taxes. A demand for payment shall be deemed to have
been made when deposited in the mail addressed to such employer at the
employer’s last-known address as shown by the records of the director.
(5) If any part of any deficiency is due to fraud with intent to
avoid payment of taxes to the Unemployment Compensation Trust Fund, then
50 percent of the total amount of the deficiency, in addition to such
deficiency, shall be assessed, collected and paid in the same manner as
if it were a deficiency and shall be paid into the Employment Department
Special Administrative Fund pursuant to this section and ORS 657.822.
(6) Civil actions brought in the name of the director under this
section to collect taxes, interest or penalties from an employer, shall
be entitled to preference upon the calendar over all civil cases which
involve only private parties.
(7) Notwithstanding the provisions of this section, if the director
finds that the total interest collectible on any delinquent account is in
excess of 25 percent of the principal and that an employer or former
employer, who no longer conducts an active business, has insufficient net
assets to pay the full amount of all taxes, interest or penalties that
may be due and where such employer or former employer can pay some but
not all of such amount, the director may agree to accept any amount the
director finds reasonable under the circumstances, as consideration for
the settlement of the full amount of taxes, interest or penalties due.
Whenever such an agreement is made a written record signed by the
director shall be maintained in the files of the director. Such records
shall set forth:
(a) The name of the taxpayer against whom the liability was
assessed;
(b) The amount of the assessed liability;
(c) The amount of the liability paid;
(d) The amount of the liability canceled or waived;
(e) A sworn statement of the taxpayer or personal representative
setting forth the complete financial responsibility of the taxpayer or
the taxpayer’s estate, and containing a full disclosure of all matters
bearing upon the ability of the taxpayer or estate to pay the full amount
of the liability assessed; and
(f) The written recommendation of an assistant to the Attorney
General assigned to the director that the liability be reduced in the
amount shown by the record.
(8) A full and true copy of the record of each such agreement and
settlement as provided in subsection (7) of this section shall be filed
by the director with the Secretary of State as a public record.
(9) The amount of any settlement reached pursuant to this section
shall be first credited to the taxes due from such employer until the
principal amount of taxes due has been satisfied and shall be deposited
in the Unemployment Compensation Trust Fund. [Amended by 1959 c.598 §1;
1963 c.390 §1; 1965 c.359 §5; 1977 c.538 §10; 1981 c.29 §1](1) When in the
judgment of the Director of the Employment Department the best interests
of the Employment Department are served, the director may:
(a) Waive, reduce or compromise any tax balance of $10 or less;
(b) Retain any tax overpayment of $10 or less; or
(c) Waive, reduce or compromise any part or all of the tax interest
and tax penalties provided by this chapter.
(2) The director may determine that the amount of tax, interest and
penalty due and unpaid on a delinquent tax account is uncollectible, and
write such amount off, if:
(a) The delinquent amount has been reduced to the status of a lien
or judgment under the provisions of this chapter and such lien or
judgment has expired; or
(b) The taxpayer no longer has an active business in Oregon and has
not had an active business within the three most recently completed
calendar years, and there is little or no likelihood of recovering the
amount due.
(3) In making the determination that an account is uncollectible,
the director shall consider, among other factors:
(a) The administrative costs of continued collection efforts in
relation to the amount due;
(b) The accessibility of the taxpayer for effective collection
actions; and
(c) The taxpayer’s financial condition and ability to pay the
amount due, both current and projected.
(4) A record shall be made showing the reasons for waiving,
reducing, compromising or writing off amounts under this section. Such
record shall be retained for a period of seven years from the date the
account was written off. [1969 c.57 §2; 1981 c.5 §5; 1983 c.54 §1] All contributions,
interest charges, penalties or amounts due the Unemployment Compensation
Trust Fund from any employer under this chapter and all judgments
recovered by the Director of the Employment Department against any
employer under this chapter shall be given the same priority as taxes and
shall be deemed preferred to all general claims in all bankruptcy
proceedings, trustee proceedings, proceedings for the administration of
estates, receiverships and assignments for the benefits of creditors
involving the employer liable therefor or the property of such employer.A lien is created in favor of the Director of the
Employment Department upon all real property within this state and any
structure or improvement thereon and upon any mine, lode, deposit, mining
claim, road, tramway, trail, flume, ditch, pipeline, building or other
structure or equipment on or pertaining thereto, and upon all lumber,
sawlogs, spars, piles, ties or other timber, and upon all other
manufactured articles of whatsoever kind or nature upon which labor is
performed by the workers of any employer subject to this chapter, in a
sum equal to the amount at any time due from such employer to the
director on account of labor performed thereon by the workers of such
employer, together with interest and penalties.The Director of the Employment Department
also shall have a lien upon all real or personal property of the employer
used in connection with the employment on which contributions are due, in
a sum equal to the amount at any time due from any employer subject to
this chapter on account of labor performed by the workers of such
employer, together with interest and penalty.(1) The liens created by ORS 657.525 and
657.530 shall be prior to all other liens and encumbrances, except labor
liens and taxes, and they shall have equal priority with other tax liens.
(2) In order to assert such liens, the Director of the Employment
Department shall, within 60 days after the employer is in default, as
provided in ORS 657.515 (3), file with the county clerk of the county
within which such property is then situated, a statement in writing
describing the property upon which a lien is claimed and stating the
amount of the lien claimed by the director. If a lien is claimed on real
property not then owned by the employer, such statement must be filed
within 60 days from the completion of the work.
(3) When a lien is claimed on real property, the director shall,
within one year from the filing of the statement, commence a suit to
cause such lien to be foreclosed in the manner provided by law for the
foreclosure of other liens on real or personal property. If the lien is
claimed on personal property, the director may, within one year from the
filing of the statement, commence foreclosure proceedings as provided in
ORS 87.110 and 87.115 (1973 Replacement Part). [Amended by 1987 c.158
§127](1) If an employer liable for the payment of
contributions to the Unemployment Compensation Trust Fund is in default,
as provided in ORS 657.515 (3), the amount of contributions, interest and
penalties due shall be a lien in favor of the Director of the Employment
Department upon all property, whether real or personal, belonging to such
employer.
(2) The lien shall be perfected and attach:
(a) To real and personal property located within the county, upon
the recording of a warrant, as provided in ORS 657.642, with the clerk of
the county in which the property is located.
(b) To personal property wherever located within the state, upon:
(A) The recording of a warrant, as provided in ORS 657.642, with
the clerk of any county; and
(B) The filing of a copy of the warrant with the Secretary of State
as provided in ORS 657.542.
(3) The lien created by this section is prior to all liens and
encumbrances recorded subsequent to the filing of notice of claim of
lien, except state and county tax liens and labor liens.
(4) The lien created by this section may be foreclosed by a suit in
the circuit court in the manner provided by law for the foreclosure of
other liens on real or personal property. [Amended by 1965 c.359 §6; 1991
c.277 §1] (1) A
copy of any statement of lien filed as provided in ORS 657.535 or any
warrant attaching the lien of ORS 657.540 may also be filed in the office
of the Secretary of State. Filing in the office of the Secretary of State
shall have no effect until a copy of the statement of lien or a warrant
has been recorded with a county clerk.
(2) When a copy of the statement of lien or the warrant is filed
with the Secretary of State in compliance with subsection (1) of this
section, such filing shall have the same effect with respect to personal
property as if the copy of the statement of lien or the warrant had been
duly recorded with the county clerk in each county of this state.
(3) A copy of the statement of lien or the warrant so filed with
the Secretary of State shall be filed and indexed by the Secretary of
State in the same manner as is provided in ORS 79.0501 for the filing and
indexing of financing statements. [1959 c.598 §9; 1961 c.726 §425; 1991
c.277 §2; 2001 c.445 §179]Note: For transition provisions regarding secured transactions, see
notes under 79.0628. (1) The
employer against whose property a lien has been filed under ORS 657.540
may cause the property to be released by filing with the county clerk of
the county wherein such lien is recorded a bond or an irrevocable letter
of credit in a sum double the amount claimed in said lien, executed by a
surety company licensed to do business in Oregon or by two freeholders of
this state, having the qualifications of bail upon arrest or in the case
of a letter of credit issued by an insured institution, as defined in ORS
706.008, to be approved by the circuit judge of the district in which
said lien is filed, or, in the event of the absence of the circuit judge
from the county in which said lien is filed, then by the county judge of
said county, running to the Director of the Employment Department and
conditioned for the payment of all damages, costs, charges and
disbursements that may be recovered by the director against such employer
or that may be found to be a lien upon or against the property of such
employer.
(2) The clerk shall issue to such employer a certificate stating
that the bond or letter of credit is substituted in lieu of the property
of said employer and that the lien on said property is forever released
and discharged. A marginal entry of said release and bond or letter of
credit shall be made in the lien docket containing the original record of
statement of claim.
(3) If the director establishes the validity of the lien by a suit
to foreclose the same, the director is entitled to judgment against the
sureties upon said bond or against the issuer of the letter of credit.
[Amended by 1991 c.331 §98; 1997 c.631 §518; 2003 c.576 §532](1) Except in the case of
failure without good cause to file a return, fraud or intent to evade any
provision of this chapter or authorized regulations, every notice of
assessment shall be given within four years after the last day of the
month following the close of the calendar quarter during which the
contribution liability included in the assessment accrued. An employer
may waive this limitation period or may consent to its extension.
(2) In case of failure without good cause to file a return, every
notice of assessment shall be given within eight years after the last day
of the month following the close of the calendar quarter during which the
contribution liability included in the assessment accrued. An employer
may waive this limitation period or may consent to its extension.
(3) No action or suit shall be commenced to collect any amount of
contributions, interest or penalties due under assessment unless such
action or suit is commenced within three years from the date of the
assessment, except in the case of fraud or intent to evade any provision
of this chapter or authorized regulations, an action or suit may be
commenced at any time.
(4) If the cause of action or suit accrues or has accrued against
any employer who is out of the state or concealed therein, such action or
suit may be commenced within three years after the return of the employer
into the state, or the time of the concealment of the employer has ended.
[1963 c.354 §5 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in
lieu of 657.472, 657.512, 657.550 and 657.672); 2003 c.14 §405] Any lien
provided for in ORS 657.525 to 657.540 may be released, compromised or
satisfied by the Director of the Employment Department, and the property
against which a lien is claimed shall be released therefrom by filing a
notice of such release or satisfaction with the county clerk of the
county in which the notice of lien claim was filed.(1) Remedies given to
the Director of the Employment Department under this chapter for the
collection of contributions, interest and penalties shall be cumulative
and no action taken by the director or the duly authorized representative
of the director, the Attorney General, or any other officer, shall be
construed to be an election on the part of the state or any of its
officers to pursue any remedy to the exclusion of any other.
(2) In any civil action brought under this section, the prevailing
party is entitled to recover from the opposing party or parties
reasonable costs and attorney fees to be fixed by the court upon entry of
a final order or judgment in favor of the prevailing party in a court
hearing, trial or on appeal. [1959 c.598 §5; 1991 c.607 §1; 2003 c.576
§533]The Director of the Employment Department may
be made a party to any suit or action involving the title to real or
personal property against which the director has or may claim a lien
under this chapter. (1) No employer or agent of
any employer shall willfully refuse or fail to pay a contribution to the
fund or to furnish any report, audit or information duly required by the
Director of the Employment Department under this chapter.
(2) No employer shall make a deduction from the wages or salary of
any employee to pay any portion of the contribution which the employer is
required to make.(1) Every employing unit shall make and file a
quarterly report of taxes due under this chapter upon a combined
quarterly tax report form prescribed by the Department of Revenue. The
report shall be filed with the Department of Revenue at the times and in
the manner provided by ORS 316.168 and 316.171.
(2) The report of taxes due under this chapter may be filed
annually, in the time, form and manner prescribed by the Department of
Revenue, if:
(a) The employment that is the subject of the report of taxes due
under this chapter consists exclusively of domestic service in a private
home, local college club or local chapter of a college fraternity or
sorority; and
(b) In any calendar quarter, total domestic service cash
remuneration is $1,000 or more. [1999 c.461 §2 (enacted in lieu of
657.570); 2003 c.112 §1](1) Notwithstanding any other provision of this chapter, when
a nonprofit employing unit is found by the Director of the Employment
Department to be in default with respect to payment of taxes required by
this chapter, the nonprofit employing unit may elect to satisfy the
deficiency together with any interest and penalties thereon, by making
reimbursement payments into the Unemployment Compensation Trust Fund in
an amount equivalent to the amount of regular benefits and one-half of
extended benefits paid out to claimants who, during the period of
noncompliance with this chapter, were paid wages by such nonprofit
employing unit. However, the election to make reimbursement payments may
not be made if the director finds that any part of the deficiency is due
to an intent to postpone or avoid either payment of taxes due the
Unemployment Compensation Trust Fund or the election to make
reimbursement payments pursuant to ORS 657.505 (8).
(2) Reimbursement payments made pursuant to this section shall be
deemed to satisfy any deficiency, together with any interest and
penalties thereon. If a nonprofit employing unit elects to make
reimbursement payments under this section, any payments previously made
to satisfy that deficiency shall be credited to the reimbursement
payments for which the nonprofit employing unit is liable. If all
liabilities for benefit payments to claimants are met, any payments in
excess of the reimbursement payments required, together with any interest
and penalties thereon, shall be refunded to the nonprofit employing unit.
[1989 c.329 §2; 2005 c.218 §18]EMPLOYMENT DEPARTMENT; ADMINISTRATION GENERALLY There is established an Employment
Department. The department shall:
(1) Administer the unemployment insurance laws of this state to
support Oregonians during periods of unemployment;
(2) Provide for the operation of a statewide employment service,
including the establishment and maintenance of a system of public
employment offices to promote employment of Oregonians;
(3) Provide oversight, operation and management of a statewide
comprehensive labor market and occupational supply and demand information
system to assist in the development of a diversified, multiskilled
workforce; and
(4) Provide child care advocacy, coordination of child care policy
and planning, technical assistance to child care providers and
certification of child care facilities to assist the employment of
Oregonians and insure the health and well-being of the future workforce.
(1) The Employment
Department shall be under the supervision and control of a director
appointed by the Governor. The term of office of the Director of the
Employment Department is four years, but the director may be removed at
any time during a term at the pleasure of the Governor. The appointment
of the director is subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565.
(2) The director is responsible for providing for programs to
deliver to the public services assigned to the department and for
undertaking long-range planning necessary for the effective delivery of
those services.
(3) The director shall receive such salary as may be provided by
law or, if not so provided, as may be fixed by the Governor, and shall be
reimbursed for all expenses actually and necessarily incurred in the
performance of official duties. Such compensation shall be paid out of
the Unemployment Compensation Administration Fund or the Child Care Fund,
as appropriate. [1959 c.583 §3; 1969 c.597 §179; 1969 c.695 §13; 1983
c.522 §6; 1983 c.740 §246; 1993 c.344 §5] The Director
of the Employment Department may:
(1) For purposes of administration and control, and with the
approval of the Governor, organize and reorganize the department in
whatever manner the director considers appropriate to carry out the
duties, functions and powers of the department.
(2) Appoint all subordinate officers and employees of the
department, whether classified or unclassified, and prescribe their
duties and compensation, subject to applicable provisions of the State
Personnel Relations Law.
(3) Delegate to departmental officers and employees such
responsibility and authority as the director determines necessary.
(4)(a) Determine all questions of general policy for this chapter
and ORS chapter 657A;
(b) Adopt rules for this chapter and ORS chapter 657A; and
(c) Administer and enforce this chapter and ORS chapter 657A.
(5) Sue and be sued in the name of the director, and shall have a
seal bearing the name of the Employment Department.
(6) Adopt proper rules to regulate the mode and manner of all
investigations.
(7) Prescribe the time, place and manner of making claims for
benefits under this chapter, the kind and character of notices required
thereunder and the procedure for investigating and deciding claims.
(8) Enter into contracts relating to the federal Workforce
Investment Act deemed necessary by the director to fulfill the mission of
the department. The director may enter into contracts with other states
or governments, public bodies or persons to provide or receive services.
Contracts entered into by the director shall be executed in the name of
the state, by and through the Employment Department. [Amended by 1959
c.583 §23; 1969 c.597 §180; 1983 c.522 §7; 1993 c.344 §6; 1999 c.849
§§137,138; 2001 c.684 §§32,33; 2003 c.75 §52; 2003 c.199 §§1,2] The
Director of the Employment Department may:
(1) Carry on investigations of the operation of unemployment
insurance in Oregon, including related subjects and publish the results
thereof.
(2) Investigate the operations of the fund, the relation of
contribution rates to the risks of unemployment, the adequacy of
contribution rates.
(3) Recommend to the legislature from time to time any advisable
changes in the contribution rates or benefits and any other changes in
the state laws relating to unemployment insurance.(1) The
Director of the Employment Department shall, from time to time, after
investigation, reasonable public notice, and a public hearing at which
any interested party is afforded an opportunity to be heard, determine or
redetermine what amount of reserve reasonably is needed in the fund to
assure the payment of benefits under this chapter.
(2) In the event of general and extended unemployment, such that
the reserve of the fund is reduced below the amount of reserve so
determined, the director may declare an emergency and announce a modified
scale of benefits, an increased waiting period or other changes in the
rules and regulations regarding eligibility for a receipt of benefits
which the director considers necessary to maintain the reserves of the
fund.(1) The Director of the Employment Department shall cause
to be printed in proper form for distribution the classification, rates,
rules, regulations and rules of procedure and furnish the same to any
person upon application therefor. The fact that such classifications,
rates, rules, regulations and rules of procedure are printed ready for
distribution to all who apply for the same, shall be a sufficient
publication of the same as required by this chapter.
(2) The director may also publish from time to time any special
reports of the results of any investigation which the director may have
conducted.
(3) The director shall publish in suitable form information
concerning the rights of employees under this chapter and such other
information concerning this chapter and the regulations pursuant thereto
as the director considers suitable and proper, and require every employer
to post such publications at the place of employment of the employer.
[Amended by 1975 c.605 §31] The
Director of the Employment Department may act in the director’s own
behalf or by any of the duly authorized agents or assistants of the
director in the following:
(1) To hold sessions at any place within the state.
(2) To administer oaths.
(3) To issue and serve by the director’s representative, or by any
sheriff, subpoenas for the attendance of witnesses and the production of
papers, contracts, books, accounts, documents and testimony. The director
may require the attendance and testimony of employers, their officers and
representatives before any hearing of the director and the production by
employers of books, records, papers and documents without payment or
tender of witness fees on account of that attendance.
(4) Generally to provide for the taking of testimony and for the
recording of proceedings held in accordance with this chapter. [Amended
by 1957 c.699 §10; 1985 c.404 §5; 1999 c.849 §§140,141; 2003 c.75 §53] The
circuit court for any county or the judge thereof, on application of the
Director of the Employment Department or any of the assistants of the
director, shall compel obedience to subpoenas issued and served pursuant
to ORS 657.630 and punish disobedience of any such subpoena or any
refusal to testify at any session authorized in this chapter, or to
answer any lawful inquiry of said director or any of the assistants of
the director, in the same manner as a refusal to testify in the circuit
court or the disobedience of the requirements of a subpoena issued from
said court is punished. Upon request of the
Director of the Employment Department, the Attorney General or, under the
direction of the Attorney General, the district attorney of any county,
shall institute or prosecute actions or proceedings for the enforcement
of this chapter, when such actions or proceedings are within the county
in which such district attorney was elected, and shall defend in like
manner all suits, actions and proceedings brought against the director in
the official capacity of the director. [Amended by 1971 c.418 §19](1) In any case in
which the Director of the Employment Department may bring a civil action
for the collection of taxes, interest and penalties under this chapter,
the director may instead:
(a) Assess a collection charge of $5 if the sum of the tax, penalty
and interest then due exceeds $10.
(b) Issue a warrant under official seal directed to the sheriff of
any county of the state commanding the sheriff to levy upon and sell the
real and personal property of the employer found within that county, for
the payment of the amount of the tax with the added penalties, interest,
collection charge and the sheriff’s cost of executing the warrant, and to
return such warrant to the director and pay to the director the money
collected by virtue thereof by a time to be therein specified, not less
than 60 days from the date of the warrant.
(2) The sheriff shall, within five days after the receipt of the
warrant, record with the clerk of the county a copy thereof, and
thereupon the clerk shall enter in the County Clerk Lien Record the name
of the employer mentioned in the warrant, and the amount of the tax,
interest, penalties and collection charge for which the warrant is issued
and the date when such copy is recorded. Thereupon the amount of the
warrant so recorded shall become a lien upon the title to and interest in
property of the employer against whom it is issued in the same manner as
a judgment that creates a judgment lien under ORS chapter 18. The sheriff
thereupon shall proceed upon the same in all respects, with like effect
and in the same manner prescribed by law in respect to executions issued
against property upon the judgment of a court of record, and shall be
entitled to the same fees for services in executing the warrant, to be
added to and collected as a part of the warrant liability.
(3) In the discretion of the director, a warrant of like terms,
force and effect may be issued and directed to any agent authorized by
the director to collect taxes and in the execution thereof the agent
shall have all the powers conferred by law upon sheriffs, but is entitled
to no fee or compensation in excess of actual expenses paid in the
performance of such duty.
(4) If a warrant is returned not satisfied in full, the director
shall have the same remedies to enforce the claim for taxes, interest and
penalties against the employer as if the director had recovered judgment
against the employer for the amount of the taxes, interest and penalties.
(5) Interest upon the taxes due as set forth in the warrant shall
be paid and collected at the rate prescribed in ORS 657.515 (2). [1971
c.128 §2; 1983 c.696 §25; 2003 c.576 §217] In any case
in which a judgment is rendered in favor of the Employment Department for
amounts due under this chapter, the Director of the Employment Department
may issue a warrant to collect the amount of the judgment. [2005 c.336 §2] In any action, suit
or proceeding brought by or against the Director of the Employment
Department a certificate attested to by the director or the authorized
representative of the director showing the amount of contributions,
interest and penalties due from an employing unit shall be prima facie
evidence of the payment by the employing unit of the amount of wages for
employment set forth therein, of the levy of assessment, of the
delinquency, and of the compliance by the director or the authorized
representative of the director with all the provisions of this chapter
relating to the computation and assessment of the contributions, interest
and penalties specified in the certificate. [1963 c.354 §6 (657.552,
657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472,
657.512, 657.550 and 657.672)] If the original of
any record, file, order, proceeding, decision, award or other document on
file with the Employment Department is competent and admissible in
evidence, a certified copy thereof furnished by the Director of the
Employment Department under the seal of the department shall be received
in evidence before the Employment Appeals Board or any deputy or officer
thereof and in all courts. [Amended by 1959 c.583 §16; 1969 c.597 §184] (1) Subject to the
approval of the Director of the Oregon Department of Administrative
Services, the Director of the Employment Department may acquire by
purchase office buildings, make alterations, modifications or additions
thereto, and purchase land and construct thereon office buildings
suitable for use as local offices of the Director of the Employment
Department. The Director of the Employment Department, with the approval
of the Oregon Department of Administrative Services, may acquire by
purchase office space for the central offices of the Employment
Department and may expend such funds as may be necessary for the
administration of such offices.
(2) Any agreement made for the purchase of property pursuant to
this section shall be further subject to the approval of the Governor and
shall not subject the state to liability for payment of the purchase
price or any part or portion thereof except from moneys allocated to the
state by the United States Department of Labor for the administration of
this chapter.
(3) If the premises are purchased pursuant to this section, the
Director of the Employment Department shall be housed therein, or if it
is desirable to move a local employment service office so housed, other
substantially similar space will be furnished by the state to the
director without further payment therefor by the United States. [1957
c.609 §5; 1959 c.597 §1; 1961 c.490 §5; 1969 c.597 §185] (1) Every employing
unit shall keep true and accurate records of all persons employed by it
and such records of hours worked, wages paid and other statistics as
prescribed by the Director of the Employment Department for the
administration of this chapter.
(2) Such records shall be open to inspection by the director or an
authorized representative of the director at any reasonable time. No
person shall refuse to allow the director or authorized representative to
inspect the payroll or other records or documents relative to the
enforcement of this chapter.
(3) The director may require from any employing unit such reports
on the wages, hours, employment, unemployment and related matters
concerning its employees as the director deems necessary to the effective
administration of this chapter.
(4) Every employing unit shall fully, correctly and promptly
furnish the director all information required by the director to carry
out the purposes and provisions of this chapter.(1) If an employer fails to file
a required quarterly tax report or quarterly detail of employees’ wages
and hours of work by the 10th day of the second month following the end
of the calendar quarter, the Director of the Employment Department, for
the first such failure, shall send to the employer at the employer’s
last-known address a written notice warning the employer that a
subsequent failure to file a required report could result in the
imposition of a late filing penalty. If an employer, without good cause,
fails to file a required report within the three-year period immediately
following a written warning, the employer may be assessed a late filing
penalty in addition to other amounts due. The penalty shall be 0.0002 of
the taxable wage base in effect for the year against which the penalty is
being assessed for each employee listed each quarter on the late filed
reports. However, the minimum penalty for any calendar quarter shall not
be less than 0.0025 nor the maximum penalty more than 0.05 of the taxable
wage base in effect for the year.
(2) The penalty per employee shall be rounded to the nearest
dollar. The minimum penalty shall be rounded to the nearest five-dollar
interval and the maximum penalty shall be rounded to the nearest $100
interval.
(3) Notwithstanding the provisions of subsection (1) of this
section, an employer who has no payroll during a calendar quarter shall
not be assessed a penalty for the first quarter in which that employer’s
report is filed late. Thereafter, the director may assess a $5 penalty
when such employer’s reports continue to be filed late.
(4) The penalty assessed under this section shall be final unless,
within 20 days from the date of mailing of the assessment to the
last-known address of the employer, the employer requests the penalty be
deleted. The request must be in writing and state the reason why the
report was filed late. If the director determines the employer had good
cause for filing the report late, the penalty shall be deleted. If it is
determined there was not good cause for filing the report late, the
request for deletion shall be denied.
(5) A decision denying the request shall become final, unless
within 20 days from the date of mailing the decision to the last-known
address of the employer, the employer files a request for hearing. The
request for a hearing must be in writing and state the reasons therefor.
Judicial review shall be as provided for review of orders in contested
cases in ORS chapter 183, except that the petition shall be filed within
20 days after the issuance of the order of the director or a designated
representative. [1981 c.77 §15 (enacted in lieu of 657.662); 1983 c.508
§12; 1985 c.147 §1; 1995 c.153 §2; 1999 c.849 §§143,144; 2003 c.75 §54] (1) Information secured
from employing units, employees or other individuals pursuant to this
chapter:
(a) Shall be confidential and for the exclusive use and information
of the Director of the Employment Department in the discharge of duties
and shall not be open to the public (other than to public employees in
the performance of their public duties under state or federal laws for
the payment of unemployment insurance benefits and to public employees in
the performance of their public duties under the recognized compensation
and retirement, relief or welfare laws of this state), except to the
extent necessary for the presentation of a claim and except as required
by the regulations of the United States Secretary of Health and Human
Services pursuant to section 3304(a) of the Federal Unemployment Tax Act,
as amended, and except as required by section 303 of the Social Security
Act, as amended.
(b) Shall not be used in any court in any action or proceeding
pending therein unless the director or the state is a party to such
action or proceedings or the proceedings concern the establishment,
enforcement or modification of a support obligation and support services
are being provided by the Division of Child Support or the district
attorney pursuant to ORS 25.080.
(2) However, any claimant or legal representative, at a hearing
before an administrative law judge, shall be supplied with information
from such records to the extent necessary for the proper presentation of
a claim.
(3) Notwithstanding subsection (1) of this section, information
secured from employing units pursuant to this chapter may be released:
(a) To agencies of this state, federal agencies and local
government agencies to the extent necessary to properly carry out
governmental planning, performance measurement, program analysis,
socioeconomic analysis and policy analysis functions performed under
applicable law. Information provided such agencies shall be confidential
and shall not be released by such agencies in any manner that would be
identifiable as to individuals, claimants, employees or employing units.
Costs of furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the parties
requesting the information; and
(b) In accordance with ORS 657.673.
(4) Nothing in this section shall prevent the Employment Department
from providing names and addresses of employing units to the Bureau of
Labor and Industries for the purpose of disseminating information to
employing units. The names and addresses provided shall be confidential
and shall not be used for any other purposes. Costs of furnishing
information pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the bureau.
(5) Nothing in this section shall prevent the Employment Department
from providing to the Commissioner of the Bureau of Labor and Industries,
for the purpose of performing duties under ORS 279C.800 to 279C.870, the
names, addresses and industrial codes of employer units, the number of
employees each unit employs during a given time period and the firm
number assigned to employer units by the Employment Department.
Information so provided shall be confidential and shall not be released
by the commissioner in any manner that would identify such employing
units except to the extent necessary to carry out the purposes of this
subsection and as provided in subsection (1)(b) of this section. Costs of
furnishing information pursuant to this subsection not prepared for the
use of the Employment Department shall be borne by the bureau.
(6) Nothing in this section shall prevent the Employment Department
from providing information required under ORS 657.660 (3) and (4) to the
Public Employees Retirement System for the purpose of determining the
eligibility of members of the retirement system for disability retirement
allowances under ORS chapter 238. The information provided shall be
confidential and shall not be used for any other purposes. Costs of
furnishing information pursuant to this subsection shall be borne by the
Public Employees Retirement System.
(7) Nothing in this section shall prevent the Employment Department
from providing to the Oregon Economic and Community Development
Commission information required by the commission in performing its duty
under ORS 285A.050 to verify changes in employment levels following
direct employer participation in Economic and Community Development
Department programs or indirect participation through municipalities
under ORS 285B.410 to 285B.482 and regional boards and partnerships under
ORS 285B.230 to 285B.269. Information provided to the commission may
include an employer’s employment level, total subject wages payroll and
whole hours worked. The information may not be used for any other purpose
and must be held confidential. The commission may not release the
information in any manner that would identify the employing unit or any
employee except to the extent necessary to carry out its duties under ORS
285A.050. Costs of furnishing information under this subsection that is
not prepared for the use of the Employment Department shall be borne by
the commission.
(8) Any officer or employee of the Director of the Employment
Department, who, except with authority of the director or pursuant to
regulations, or as otherwise required by law, shall disclose confidential
information under this section, thereafter may be disqualified from
holding any appointment or employment by the director.
(9) Nothing in this section shall prevent the Employment Department
from providing information to the Department of Revenue for the purpose
of performing its duties under ORS 293.250, or the revenue and tax laws
of this state. Information provided may include names and addresses of
employers and employees and payroll data of employers and employees.
Information so provided shall be confidential and shall not be released
by the Director of the Department of Revenue in any manner that would
identify such employing unit or employee except to the extent necessary
to carry out its duties under ORS 293.250 or in auditing or reviewing any
report or return required or permitted to be filed under the revenue and
tax laws administered by the department. However, the Director of the
Department of Revenue shall not disclose any information received to any
private collection agency or for any other purpose. Costs of furnishing
information pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the Department of Revenue.
(10) Nothing in this section shall prevent the Employment
Department from providing information to the Department of Consumer and
Business Services for the purpose of performing its duties under ORS
chapters 654 and 656. Information provided may include but is not limited
to the name, address, number of employees and industrial classification
code of an employer and payroll data of employers and employees.
Information provided shall be confidential and may not be released by the
Department of Consumer and Business Services in any manner that would
identify an employing unit or employee except to the extent necessary to
carry out the department’s duties under ORS chapters 654 and 656,
including administrative hearings and court proceedings in which the
Department of Consumer and Business Services is a party. Costs of
furnishing information pursuant to this subsection that is not prepared
for the use of the Employment Department shall be borne by the Department
of Consumer and Business Services.
(11) Nothing in this section shall prevent the Employment
Department from providing information to the Construction Contractors
Board for the purpose of performing its duties under ORS chapter 701.
Information provided to the board may include names and addresses of
employers and status of their compliance with this chapter.
(12) Nothing in this section shall prevent the Employment
Department from providing information to the State Fire Marshal to assist
the State Fire Marshal in carrying out duties, functions and powers under
ORS 453.307 to 453.414. Information so provided shall be the employer or
agent name, address, telephone number and standard industrial
classification. Information so provided shall be confidential and shall
not be released by the State Fire Marshal in any manner that would
identify such employing units except to the extent necessary to carry out
duties under ORS 453.307 to 453.414. Costs of furnishing information
pursuant to this subsection not prepared for the use of the Employment
Department shall be borne by the office of the State Fire Marshal.
(13) Nothing in this section shall prevent the Employment
Department from providing information to the Oregon Student Assistance
Commission for the purposes of performing the commission’s duties under
ORS chapter 348 and Title IV of the Higher Education Act of 1965, as
amended. Information provided may include names and addresses of
employers and employees and payroll data of employers and employees.
Information so provided shall be confidential and shall not be released
by the Oregon Student Assistance Commission in any manner that would
identify such employing unit or employee except to the extent necessary
to carry out duties under ORS chapter 348 or Title IV of the Higher
Education Act of 1965, as amended. Costs of furnishing information
pursuant to this subsection not prepared for the use of the Employment
Department shall be borne by the Oregon Student Assistance Commission.
(14) Any person or officer or employee of an entity to whom
information is disclosed or given by the Employment Department pursuant
to this section, who divulges or uses such information for any purpose
other than that specified in the provision of law or agreement
authorizing the use or disclosure, may be disqualified from holding any
appointment or employment, or performing any service under contract, with
the state agency employing that person or officer.
(15) Notwithstanding subsection (1) of this section, the industrial
classification code assigned to an employing unit may be released to
state agencies, federal agencies and local government agencies to the
extent necessary to carry out governmental functions performed under
applicable law. Except as provided in ORS 190.270, information provided
to such agencies is confidential and may not be released by the agencies
in any manner that would allow identification of an employing unit. Costs
of furnishing information that is not prepared for the use of the
Employment Department shall be paid by the party requesting the
information under this subsection. [Amended by 1969 c.450 §1; 1977 c.162
§1; 1977 c.797 §9; 1979 c.145 §1; 1979 c.267 §5a; 1981 c.705 §7; 1985
c.565 §89; 1985 c.661 §1; 1985 c.761 §24; 1989 c.519 §2; 1989 c.818 §5;
1989 c.870 §8; 1991 c.374 §2; 1993 c.18 §142; 1997 c.200 §1; 1997 c.249
§202; 1999 c.401 §3; 1999 c.849 §146; 2001 c.104 §251; 2003 c.75 §104;
2003 c.773 §§54,54a; 2003 c.794 §311]
Notwithstanding ORS 657.665, the Director of the Employment Department
shall:
(1) Upon request, submit such reports, in such form and containing
such information as the Secretary of Labor may, from time to time,
require, and shall comply with such provisions as the Secretary of Labor
may, from time to time, find necessary to ensure the correctness and
verification of the reports.
(2) Make available, upon request, to any agency of the United
States charged with the administration of public works or assistance
through public employment, the name, address, ordinary occupation and
employment status of each recipient of unemployment insurance benefits
and a statement of the recipient’s right to further compensation under
this chapter.
(3) Make available, upon request, to officers and employees of the
United States Department of Agriculture and any state’s food stamp
agency, information to be used for determining an individual’s
eligibility for benefits, or the amount of benefits, under the food stamp
program established under the Food Stamp Act of 1977. The information
provided is confidential and may not be used for any other purpose. The
United States Department of Agriculture shall bear the costs of
furnishing information under this subsection.
(4) Make available, upon request, to the United States Attorney’s
Office an individual’s employment and wage information for the purpose of
collecting civil and criminal judgments, including restitution and
special assessment fees. The information provided is confidential and may
not be used for any other purpose. The United States Attorney’s Office
shall bear the costs of furnishing information under this subsection.
[Amended by 1981 c.77 §16; 2005 c.618 §6](1) As used in this section:
(a) “Wage information” means the amount of wages as reported to the
Employment Department by each employer as earned by a particular
individual during the period, not to exceed 15 recorded quarters
preceding the quarter in which the request for disclosure is made, and
the name and address of each employer.
(b) “Consumer reporting agency” means a consumer reporting agency
as defined in the federal Fair Credit Reporting Act, 15 U.S.C. 1681a.
(2) The Employment Department shall disclose by electronic means
wage information to consumer reporting agencies for the purpose of
verifying information provided by an individual in connection with a
specific credit transaction if all of the following conditions are met:
(a) The individual to whom the information pertains provides
written consent to the disclosure before the information is released to
the consumer reporting agency and the consent form discloses the
following information:
(A) The consent is voluntary and not required by law;
(B) Refusal to consent to disclosure of wage information shall not
be a basis for the denial of credit;
(C) If consent is granted, the individual’s wage information will
be released;
(D) The release shall be only for the specific transaction
identified in the consent form;
(E) Wage information reported to the state by the individual’s
employers will be accessed;
(F) The wage information disclosed will come from state government
files; and
(G) All of the parties that may receive the information released;
(b) The consumer reporting agency agrees to comply with all
applicable federal and state credit reporting laws, regulations and
rules, including, but not limited to, the federal Fair Credit Reporting
Act, 15 U.S.C. 1681 et seq., and the regulations promulgated thereunder;
(c) The disclosure is for a purpose authorized by, and occurs in a
manner permitted by, the United States Department of Labor;
(d) The consumer reporting agency agrees to comply with the audit
standards, security standards, technological requirements and all other
terms and conditions, including any net worth and liability insurance
requirements, that the Employment Department deems necessary and
establishes to safeguard the confidentiality of the wage information
released under this section or to otherwise serve the public interest;
(e) Prior to the release of any wage information, the consumer
reporting agency pays all development and other start-up costs incurred
by the state in connection with implementing systems and procedures for
electronic disclosure of wage information;
(f) The consumer reporting agency pays a transaction fee in an
amount established by the Employment Department to offset the
department’s costs of ongoing support for electronic disclosure of wage
information to that consumer reporting agency, including the costs
associated with revising incomplete or inaccurate wage records performed
for the sole purpose of the specific credit transaction; and
(g) The Employment Department does not bear any liability for:
(A) The improper release of information by the consumer reporting
agency; or
(B) The accuracy of wage records reported by employers to the
department. [1999 c.401 §2](1) Upon motion of the Director of the Employment Department or
upon application of an interested employer, the director may reconsider a
determination of employer subjectivity, tax rate or tax assessment
irrespective of whether it has become final. Such reconsideration shall
be restricted to determinations resulting from clerical errors or errors
of computation and may include a new decision upon any grounds or issues
not previously ruled upon or new facts not previously known to the
director.
(2) Such reconsideration shall be accomplished by the director or
any employee the director may designate for the purpose, in accordance
with rules adopted by the director. A new determination may be made to
correct any error with respect to the previous determination. Such new
determination shall be subject to hearing, review and appeal in
accordance with ORS 657.485 and 657.679 to 657.684. [1977 c.538 §13]A determination of the
Director of the Employment Department or the authorized representative of
the director:
(1) As to whether an employing unit is an employer subject to this
chapter, or
(2) That services performed by an individual for an employer liable
for reimbursement payments in lieu of taxes is employment subject to this
chapter,shall become final 20 days after written notice of the determination is
mailed to the last-known address of the employing unit of record with the
director unless within such time the employing unit files an application
with the director for a hearing with respect thereto as provided in ORS
657.683. [1963 c.354 §2 (657.552, 657.652, 657.679, 657.681 and 657.683
enacted in lieu of 657.472, 657.512, 657.550 and 657.672); 1975 c.156 §4;
1977 c.538 §11](1) If an
employer files a report for the purpose of determining the amount of
contributions due under this chapter but fails to pay contributions or
interest, the Director of the Employment Department or authorized
representative may assess the amount of contributions or interest due on
the basis of the information submitted and shall give written notice of
the assessment to the employer mailed to the last-known address of record
with the director. In the event that such report is subsequently found to
be incorrect additional assessments may be made, subsection (5) of this
section to the contrary notwithstanding.
(2) If an employer fails to file a report when required by the
director for the purpose of determining the amount of contribution due
under this chapter, the director or authorized representative may make an
estimate based upon any information of the amount of wages paid for
employment in the period or periods for which no report was filed and
upon the basis of such estimate shall compute and assess the amount of
employer contributions payable by the employer. Written notice of the
assessment shall be mailed to the last-known address of the employer of
record with the director.
(3) If the director or authorized representative is not satisfied
with a report made by an employer for the purpose of determining the
amount of contribution due under this chapter, the director or authorized
representative may compute the amount required to be paid upon the basis
of facts contained in the report or upon the basis of any information
obtainable and may make an assessment of the amount of the deficiency.
Written notice of such deficiency assessment shall be mailed to the
last-known address of the employer of record with the director.
(4) If the director or authorized representative has reason to
believe that an employer is insolvent, or that the collection of any
contributions will be jeopardized by delaying collection, the director or
authorized representative may thereupon make an immediate assessment of
the estimated amount of accrued contributions, noting upon the assessment
that it is a jeopardy assessment levied under this subsection, and may
proceed to enforce collection immediately, but interest shall not begin
to accrue upon such contributions until the due date nor shall court
costs be taxed against such employer on any action to enforce collection
commenced prior to the due date. The director or authorized
representative may, in levying the assessment, demand a bond or deposit
of such security as is necessary to insure collection of the amount of
such assessment. Written notice of the assessment shall be mailed to the
last-known address of the employer of record with the director.
(5) All assessments provided for in this section shall finally fix
the amount of contributions due and payable unless the employer shall
within 20 days after the mailing of the notice of assessment apply to the
director for a hearing, or unless the director or authorized
representative on the motion of the director or authorized representative
reviews the same prior to a decision of the administrative law judge
thereon pursuant to hearing. An employer who fails to apply for a hearing
upon an assessment within the time provided or, having applied, fails to
appear and be heard after due notice of such hearing, shall be precluded
from raising any defense to any action, suit or proceeding brought by the
director for the recovery of contributions based upon such assessment
which could have been raised in the hearing. The amount of contributions
so assessed under this section shall be subject to the penalties and
interest provided by ORS 657.515 and 657.663. [1963 c.354 §3 (657.552,
657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472,
657.512, 657.550 and 657.672); 1981 c.563 §1; 1999 c.849 §148; 2003 c.75
§105] (1) As
used in this section, “reorganized business entity” means a business
entity that, while operating substantially the same business as the
employer, has been converted to a different form of business entity from
that of the employer or has changed ownership from that of the employer,
except that a business entity is not a “reorganized business entity”
solely because of a transfer of assets or because of a transfer of an
interest of an investor who has no right to manage the business entity,
including, but not limited to, the interest of:
(a) A person that is solely a minority shareholder in a corporation;
(b) A member of a manager-managed limited liability company; and
(c) A limited partner of a limited partnership that does not
participate in the control of the business of the limited partnership.
(2) For any amounts owed by an employer for contributions or
interest assessed under ORS 657.681 or for taxes, interest or penalties
that may be collected under ORS 657.642, the Director of the Employment
Department may transfer those amounts to and assess those amounts against
a reorganized business entity.
(3) For the purposes of this section, factors the director may
consider when determining if a business entity is operating substantially
the same business as the employer include, but are not limited to,
whether the business entity:
(a) Operates from the same physical location as did the employer
owing the debt.
(b) Provides the same services or manufactures the same products as
did the employer owing the debt.
(c) Has one or more of the same:
(A) Corporate directors or officers as did the employer owing the
debt.
(B) Owners or holders of a direct or indirect interest in the
employer as did the employer owing the debt.
(4) A reorganized business entity against which an amount is
assessed under this section may appeal the assessment by filing with the
director an application for hearing under ORS 657.683 within 20 days
after the mailing of a written notice of the assessment to the last-known
address of the reorganized business entity of record with the director.
[2005 c.214 §2]Note: 657.682 was added to and made a part of ORS chapter 657 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) An
application for hearing under ORS 657.679, 657.681 and 657.682 shall be
in writing and shall state that such determination or assessment of the
Director of the Employment Department or authorized representative is
unjust or incorrect and that the employing unit requests a hearing. The
application shall set forth the objections of the employing unit to the
determination or assessment and the amount of contributions, if any,
which the applicant admits to be due to the Employment Department. An
application for a hearing to review an assessment made under ORS 657.681
(4) that was accompanied by a demand for a bond or deposit shall not be
valid unless the bond or deposit is filed with the application in a form
acceptable to the director or authorized representative.
(2) If a valid application for hearing is filed within the time
provided by ORS 657.679, 657.681 and 657.682, an administrative law judge
shall review the determination or assessment and if requested by the
employing unit shall grant a hearing unless a hearing has previously been
afforded the employing unit on the same grounds as set forth in the
application. The administrative law judge shall give notice of the time
and place of the hearing to the director or authorized representative and
shall also give notice to the employing unit by mail directed to the
last-known address of the employing unit of record with the director.
(3) Hearings under ORS 657.679, 657.681 and 657.682 shall be
conducted in accordance with this chapter. The filing of an application
for hearing with respect to a disputed assessment shall not affect the
right of the director or authorized representative to perfect any liens
provided by this chapter.
(4) All testimony at any hearing held under ORS 657.679, 657.681
and 657.682 shall be recorded but need not be transcribed unless a
petition for judicial review from the decision of the administrative law
judge is filed in the manner and within the time prescribed. At any
hearing held as provided in ORS 657.679, 657.681 and 657.682, the
determination or assessment of the director or authorized representative
shall be prima facie correct and the burden shall be upon the protesting
employing unit to prove that it is incorrect. Thereafter the
administrative law judge shall enter the findings of fact and decision,
either affirming, modifying, or setting aside the determination or
assessment of the director or authorized representative and in the case
of an assessment, the administrative law judge may increase or decrease
the amount of the assessment. The employing unit and the director shall
be promptly notified of the decision of the administrative law judge.
(5) A decision of the administrative law judge shall become final
on the date of notification or the mailing thereof to the director and to
the employing unit at the last-known address of record with the director
unless within the time specified in ORS 183.480 (2) the administrative
law judge on the administrative law judge’s own motion reviews the same
and issues an amended decision in which case the amended decision becomes
the final decision. [1963 c.354 §4 (657.552, 657.652, 657.679, 657.681
and 657.683 enacted in lieu of 657.472, 657.512, 647.550 and 567.672);
1967 c.435 §9; 1971 c.734 §98; 1999 c.849 §§150,151; 2003 c.75 §55; 2005
c.214 §3] Judicial
review of decisions under ORS 657.683 shall be as provided for review of
orders in contested cases in ORS chapter 183, except that the petition
shall be filed within 20 days after the order is final. The Director of
the Employment Department may file petition for judicial review in
accordance with this section from decision of the administrative law
judge. When judicial review is upon an assessment or assessments made
pursuant to ORS 657.681 and the court determines the assessment or
assessments are valid, judgment shall be given in favor of the director
for the amount due as determined by the court. [1971 c.734 §100; 1999
c.849 §153; 2003 c.75 §106](1) The Employment Appeals Board hereby is
created within the Employment Department.
(2) The Employment Appeals Board consists of three members who
shall be appointed by and serve at the pleasure of the Governor. Except
for pro tempore appointments, appointments of members are subject to
confirmation by the Senate in the manner provided in ORS 171.562 and
171.565. In the selection of the members of the Employment Appeals Board,
the Governor shall give due consideration to the interests of labor,
industry and the public. Not more than two of the members of said board
shall belong to the same political party. The Governor shall designate
one of the members of the Employment Appeals Board to serve as its
chairperson with duties and powers necessary for the performance of the
function of such office as the Governor determines. In the event of an
absence or as required by the workload, the chairperson may appoint, with
the approval of the Governor, pro tempore members to serve for a period
not to exceed 90 days.
(3) A majority of the Employment Appeals Board constitutes a quorum.
(4) The Employment Appeals Board shall meet at such times and
places as specified by the chairperson.
(5) The director shall provide the Employment Appeals Board with
such staff as is required by the workload, subject to budgetary
limitations.
(6) The Employment Department shall adopt procedural rules proposed
by the Employment Appeals Board necessary for the discharge of the
board’s duties. Such rules need not conform to common law or statutory
rules of evidence and other technical rules of procedure. [1959 c.583
§12; 1969 c.597 §186; 1973 c.792 §30; 1975 c.426 §1; 1983 c.522 §9; 1987
c.894 §10; 1993 c.344 §22] The Employment Appeals
Board has the power:
(1) To hold sessions any place within the state.
(2) To administer oaths.
(3) To issue and serve, or by any sheriff, subpoenas for the
attendance of employers or claimants and the production of papers,
contracts, books, accounts, documents and testimony. The Employment
Appeals Board may require the attendance and testimony of claimants or
employers, their officers and representatives before any hearing or
review before the Employment Appeals Board without payment or tender or
witness fees on account of such attendance. [1959 c.583 §13; 1993 c.344
§24](1) To assist the Director of the Employment
Department in the effective development of policies and programs with
respect to unemployment insurance and employment service and in securing
to this state the benefits of the Wagner-Peyser Act, and particularly
with respect to carrying out ORS 657.615, there hereby is created an
advisory council within the Employment Department to be known as the
Employment Department Advisory Council.
(2) The members of the council shall be appointed by the Governor
and shall be composed of men and women representing employers and
employees in equal numbers, and representatives of the public who shall
elect their chairperson. The director shall serve as an ex officio member
of the council.
(3) The members of the council shall be appointed for a term of two
years and are entitled to compensation and expenses as provided in ORS
292.495. Members of the council or other committees appointed pursuant to
this section and ORS 657.700 shall be reimbursed from the Unemployment
Compensation Administration Fund. [Formerly 657.675; 1969 c.314 §70; 1969
c.597 §188; 1997 c.57 §1] The Director of
the Employment Department may also appoint committees, and industrial or
other special councils, to perform appropriate services in connection
with the development of unemployment insurance and employment service
programs who shall serve without compensation. [Formerly 657.678]OREGON STATE EMPLOYMENT SERVICE There is created under the
Director of the Employment Department a division, to be known as the
Oregon State Employment Service, which shall be affiliated with the
United States Employment Service. Such division shall be administered by
a person well qualified by technical training and experience in the
functions to be performed. [Amended by 1959 c.583 §17; 1969 c.597 §189;
1993 c.344 §10](1) The Director of the Employment Department shall
establish and maintain such free public employment offices, including
such branch or affiliate offices, as may be necessary for the proper
administration of this chapter and for participation in Oregon’s
workforce investment system.
(2) The director may enter into such contracts or memoranda of
understanding with designated workforce investment system partners,
including but not limited to other states and governments, government
entities, state agencies, units of local government, intergovernmental
entities, community colleges and persons, as appropriate to administer
the workforce investment system.
(3) The director may enter into contracts or memoranda of
understanding to share confidential information as authorized under
federal law and regulations for purposes of a national performance
accounting system, including receiving and making available wage records
to the extent the wage records are required by another state to carry out
that state’s workforce investment system performance plan.
(4) All moneys made available by or received by the state for the
Oregon State Employment Service shall be paid to and expended from the
Unemployment Compensation Administration Fund.
(5) Each contracting agency shall provide to the director timely
information pertinent to all existing job vacancies over which the
contracting agency exercises employment control and for which there will
be open recruitment. Such information shall be made available to the
public by the director. As used in this subsection, “contracting agency”
has the meaning given that term in ORS 279A.010. [Amended by 1969 c.597
§190; 1983 c.339 §1; 2001 c.684 §34; 2003 c.794 §312] The State of Oregon hereby
accepts the provisions of the Act of Congress approved June 6, 1933,
entitled “An act to provide for the establishment of a national
employment system and for cooperation with the states in the promotion of
such system, and for other purposes.”(1)
The Director of the Employment Department is designated and constituted
the agency of this state for the purpose of the Wagner-Peyser Act. The
director shall cooperate with all authorities of the United States having
powers and duties under the Wagner-Peyser Act and do and perform all
things necessary to secure to this state the benefits of the
Wagner-Peyser Act in the promotion and maintenance of a system of public
employment offices.
(2) The director may cooperate with or enter into agreements with
the Railroad Retirement Board with respect to the establishment,
maintenance and use of free public employment service facilities. For the
purpose of establishing and maintaining free public employment service
the director may enter into agreements with the Railroad Retirement Board
or any other agency of the United States charged with the administration
of an unemployment insurance law, with any political subdivision of this
state, or with any private nonprofit organization, and as a part of any
such agreement may accept moneys, services or quarters as a contribution
to the Unemployment Compensation Administration Fund. The Director of the Employment
Department may divide the state into such number of employment districts
as the director finds necessary and maintain a district office in each of
said districts.INFORMATION SYSTEMS (1) As used in this
section, unless the context requires otherwise:
(a) “Labor market analysis” means the measurement and evaluation of
economic forces as they relate to the employment process in the local
labor market area. Variables affecting labor market relationships
include, but are not limited to, such factors as labor force changes and
characteristics, population changes and characteristics, occupational and
industrial structure and development, technological developments, shifts
in consumer demand, volume and extent of unionization and trade disputes,
recruitment practices, wage levels, conditions of employment and training
opportunities.
(b) “Labor market area” means an economically integrated geographic
area within which individuals can reside and find employment within a
reasonable distance or can readily change employment without changing
their place of residence. Such areas shall be identified in accordance
with criteria used by the Bureau of Labor Statistics of the United States
Department of Labor in defining such areas or similar criteria
established by the Director of the Employment Department. The area
generally takes the name of its community. The boundaries depend
primarily on economic and geographic factors. The State of Oregon is
divided into labor market areas, which usually include a county or group
of contiguous counties.
(c) “Labor market information” means the body of information
generated from measurement and evaluation of the socioeconomic factors
and variables influencing the employment process in the state and
specific labor market areas. These socioeconomic factors and variables
affect labor demand and supply relationships and include:
(A) Labor force information, which includes but is not limited to
employment, unemployment, labor force participation, labor turnover and
mobility, average hours and earnings and changes and characteristics of
the population and labor force within specific labor market areas and the
state;
(B) Occupational information, which includes but is not limited to
occupational supply and demand estimates and projections, characteristics
of occupations, wage levels, job duties, training and education
requirements, conditions of employment, unionization, retirement
practices and training opportunities;
(C) Economic information, which includes but is not limited to
number of business starts and stops by industry and labor market area,
information on employment growth and decline by industry and labor market
area, employer establishment data and number of union disputes and
strikes by industry and labor market area; and
(D) Program information, which includes but is not limited to
program participant or student information gathered in cooperation with
other state and local agencies along with related labor market
information to evaluate the effectiveness, efficiency and impact of state
and local employment, training, education and job creation efforts in
support of planning, management, implementation and evaluation.
(2) The Director of the Employment Department shall have the
following duties:
(a) Oversight, operation and management of a statewide
comprehensive labor market and occupational supply and demand information
system, including development of a five-year employment forecast for
state and labor market areas.
(b) Preparation of local labor market information packages for the
state’s regional workforce committees, including special studies and job
impact analyses in support of state and local employment, training,
education and job creation programs, especially activities that prevent
job loss, reduce unemployment and create jobs.
(c) Coordination with other appropriate agencies to improve
employment estimates by enhancing data on corporate officers, improving
business establishment listings, expanding samples for employment
estimates and developing business entry or exit analysis relevant to the
generation of occupational and economic forecasts.
(d) Production of long-term and occupational employment forecasts
in cooperation with other appropriate agencies.
(e) Coordination with other state agencies to study ways to
standardize federal and state multiagency administrative records, such as
unemployment insurance information and other information to produce
employment, training, education and economic analysis needed to improve
labor market information products and services.
(f) Production of labor market information and economic analysis
needed to facilitate the efficient and effective matching of the supply
and demand of labor critical to an effective labor exchange in Oregon.
Information collected will be coordinated with other public agencies
through cooperative data collection efforts for statistical analysis,
research or studies including, but not limited to, agricultural labor
supply and demand, high performance organizations, targeted industries
programs, and industrial improvement and expansion.
(g) Administration of other appropriate labor market information
activities.
(3) To implement this section, the director shall have authority to:
(a) Establish rules and procedures to recover reasonable costs
incurred in producing and providing:
(A) Labor market information products developed by the Employment
Department in the ordinary course of business when the request results in
costs over and above the ordinary costs of production including, but not
limited to, special publication runs, photocopying or supplying the copy
in some other medium; and
(B) Special labor market information products in response to
individual requests that incur costs beyond the ordinary costs of doing
business including, but not limited to, computer time, staff costs,
preparation and distribution of surveys, electronic scanning, and special
data collection, formatting and analysis. The director may enter into
agreements with other public agencies to provide special labor market
information products in a quid pro quo arrangement.
(b) Receive federal set aside funds from federal programs that are
authorized to fund state and local labor market information and are
required to use such information in support of their programs.
(c) Enter into agreements for statistical analysis, research or
evaluation studies of privately and publicly funded employment, training,
education and economic development programs. [1993 c.38 §2; 1997 c.652
§38](1) As used in this section, “participating state
agency or organization” means:
(a) The Employment Department;
(b) Divisions and offices within the Department of Human Services
that have been approved by the Director of the Employment Department, in
consultation with the Education and Workforce Policy Advisor, to
participate in the Interagency Shared Information System;
(c) The Department of Education;
(d) The Oregon University System;
(e) The Department of Community Colleges and Workforce Development;
and
(f) Other state agencies, other governmental entities or private
organizations that have applied to be participating state agencies or
organizations and have been approved by the Director of the Employment
Department, in consultation with the Education and Workforce Policy
Advisor, to participate in the Interagency Shared Information System.
(2) There is established the Interagency Shared Information System.
The purpose of the system is to collect, analyze and share information
for the development of statistical and demographic data to facilitate the
creation of strategies for the purpose of improving the education,
training and employment programs related to enhancing Oregon’s workforce
system. The system shall share aggregate information with a participating
state agency or organization to allow the agency or organization to
develop policy, evaluate policy and plan and measure performance for the
purpose of improving the education, training and employment programs
related to enhancing Oregon’s workforce system.
(3) The Director of the Employment Department shall administer and,
in consultation with the Education and Workforce Policy Advisor, shall
oversee the development of the Interagency Shared Information System.
Participating state agencies or organizations shall enter into an
interagency or other applicable agreement with the Director of the
Employment Department, as administrator of the system, that:
(a) Establishes protocols for the collection and sharing of data in
the system;
(b) Establishes safeguards for protecting the confidentiality of
data in the system;
(c) Includes provisions regarding informed consent for sharing
information obtained from individuals; and
(d) Provides for the sharing of costs for designing and maintaining
the system.
(4) Every participating state agency or organization shall provide
information to the Interagency Shared Information System. Information
shall be provided in a format that encodes identifying data, including
the client’s Social Security number, using a formula unique to the
participating state agency or organization that shall not be disclosed to
the system.
(5) In disclosing Social Security numbers to the Interagency Shared
Information System under subsection (4) of this section, every
participating state agency or organization shall comply with any state
and federal laws that govern the collection and use of Social Security
numbers by a participating state agency or organization and any
additional requirements specified by the director, in consultation with
the Education and Workforce Policy Advisor, that are included in the
agreement entered into under subsection (3) of this section.
(6) The information in the Interagency Shared Information System is
not a public record for purposes of ORS 192.410 to 192.505. For purposes
of ORS 192.410 to 192.505, the information submitted to the system and
the information received from the system is a public record, and the
custodian of such information is the participating state agency or
organization that submits or receives the information. If the
participating state agency or organization receiving the information is
not a public body, as defined in ORS 192.410, the Employment Department
shall keep a copy of the system information sent to that entity and shall
be the custodian of that copy for purposes of ORS 192.410 to 192.505. As
custodian, the Employment Department shall limit the disclosure of, or
refuse to disclose, aggregate or summary level information when a small
number of aggregated records or some other factor creates a reasonable
risk that the identity of individuals may be discovered or disclosed. The
department shall refer all other requests for disclosure of system
information to the public body that is the custodian of the information.
(7) The Employment Department may charge a reasonable fee pursuant
to ORS 192.440 for the disclosure of reports to individuals or state
agencies, governmental entities or private organizations that submit data
to the system and are not participating state agencies or organizations.
(8) If a participating state agency or organization prepares or
acquires a record that is confidential under federal or state law,
including ORS 192.502 (2), the participating state agency or organization
does not violate state confidentiality laws by providing the information
described in this section to the Interagency Shared Information System.
Notwithstanding the provisions of ORS 279C.815 (4), 279C.850 (3), 657.665
and 660.339, the Bureau of Labor and Industries, the Department of
Community Colleges and Workforce Development and the Employment
Department are authorized to provide information to the Interagency
Shared Information System.
(9) Notwithstanding the provisions of ORS 192.410 to 192.505, a
participating state agency or organization shall not allow public access
to information received from the Interagency Shared Information System
that identifies a particular individual unless required by law. Any
participating state agency or organization shall limit the disclosure of,
or refuse to disclose, aggregate or summary level information when a
small number of aggregated records or some other factor creates a
reasonable risk that the identity of individuals may be discovered or
disclosed.
(10) Any individual who, without proper authority, discloses
confidential information under this section may be disqualified from
holding any appointment or employment with the State of Oregon. The
Employment Department shall adopt by rule procedures to prevent
disclosure of confidential information submitted to the Interagency
Shared Information System.
(11) Notwithstanding subsection (4) of this section, participating
state agencies or organizations may not provide new information to the
Interagency Shared Information System after December 31, 2003.
Information in the system on and after January 1, 2004, may be accessed
by participating state agencies or organizations in accordance with this
section, applicable rules adopted by the Director of the Employment
Department and any agreements entered into under subsection (3) of this
section. [Formerly 329.965; 2003 c.238 §1; 2003 c.794 §313] (1) As
used in this section:
(a) “Public body” has the meaning given that term in ORS 192.410.
(b) “System participant” means:
(A) Mandatory partners under the federal Workforce Investment Act
of 1998 (enacted as P.L. 105-220 and codified as 29 U.S.C. 2801 et seq.)
and other one-stop system partners, which may include public bodies and
private organizations; and
(B) Public bodies and private organizations that have been approved
by the Director of the Employment Department, in consultation with the
Education and Workforce Policy Advisor, to participate in the Performance
Reporting Information System.
(2) There is established the Performance Reporting Information
System for the purpose of collecting, analyzing and sharing statistical
and demographic data for the development and reporting of workforce
system performance measures.
(3) The Performance Reporting Information System is intended to
share the data described in subsection (2) of this section, by agreement,
with all system participants. The Performance Reporting Information
System may not contain data submitted exclusively for use in the
Interagency Shared Information System.
(4) The Director of the Employment Department shall administer and,
in consultation with the Education and Workforce Policy Advisor, oversee
the development of the Performance Reporting Information System. System
participants shall be designated as participants in the system by rule of
the Employment Department, in consultation with the Education and
Workforce Policy Advisor. A system participant shall enter into an
interagency or other applicable agreement with the director that:
(a) Establishes protocols for the collection and sharing of data in
the system;
(b) Establishes safeguards for protecting the confidentiality of
data in the system;
(c) Includes provisions regarding informed consent for sharing
information obtained from individuals; and
(d) Provides for the sharing of costs for developing and
maintaining the system.
(5)(a) All individual record information in the Performance
Reporting Information System is confidential and may not be disclosed as
a public record under the provisions of ORS 192.410 to 192.505. As
administrator of the system, the director may view all data or individual
record information in the system. System participants may not allow
public access to information received from the system that identifies a
particular individual unless required by law. System participants shall
limit the disclosure of, or refuse to disclose, aggregate or summary
level information when a small number of aggregated records or some other
factor creates a reasonable risk that the identity of individuals may be
discovered or disclosed.
(b) System participants shall provide information in a format that
encodes identifying data, including the client’s Social Security number,
using a formula unique to the system participant. In disclosing Social
Security numbers to the system, system participants shall comply with any
state and federal laws that govern the collection and use of Social
Security numbers by the system participant and any additional
requirements specified by the director, in consultation with the
Education and Workforce Policy Advisor, that are included in the
agreement entered into under subsection (4) of this section.
(6) The information in the Performance Reporting Information System
is not a public record for purposes of ORS 192.410 to 192.505. For
purposes of ORS 192.410 to 192.505, the information submitted to the
system and the information received from the system is a public record,
and the custodian of such information is the system participant that
submits or receives the information. If the system participant receiving
the information is not a public body, the department shall keep a copy of
the system information sent to that system participant and shall be the
custodian of that copy for purposes of ORS 192.410 to 192.505. As
custodian, the department shall limit the disclosure of, or refuse to
disclose, aggregate or summary level information when a small number of
aggregated records or some other factor creates a reasonable risk that
the identity of individuals may be discovered or disclosed. The
department shall refer all other requests for disclosure of system
information to the public body that is the custodian of the information.
(7) The department may charge a reasonable fee under ORS 192.440
for the disclosure of reports containing only aggregate data to
individuals, public bodies or private organizations.
(8) If a system participant prepares or acquires a record that is
confidential under federal or state law, including ORS 192.502 (2), the
system participant does not violate state confidentiality laws by
providing the information described in this section to the Performance
Reporting Information System. Notwithstanding the provisions of ORS
279C.815 (4), 279C.850 (3), 657.665 and 660.339, the Bureau of Labor and
Industries, the Department of Community Colleges and Workforce
Development and the Employment Department are authorized to provide
information to the system.
(9) Any individual who, without proper authority, discloses
confidential information under this section may be disqualified from
holding any appointment or employment with the State of Oregon. The
department shall adopt by rule procedures to prevent disclosure of
confidential information submitted to the Performance Reporting
Information System. [2001 c.524 §3; 2003 c.238 §2; 2003 c.794 §314] The Occupational
Program Planning System is established within the Employment Department
as the state’s official occupational information system. The Director of
the Employment Department shall exercise oversight and have control of
the operation and management of the system. The system shall provide:
(1) Projections of employment by occupation and by openings.
(2) Estimates of the number of unemployed by occupation.
(3) Estimates of supply of workers by occupation from education,
employment and job training programs.
(4) Statistical and narrative occupational demand and supply
analyses.
(5) Information on occupational employment patterns by industry.
(6) Occupational characteristics information.
(7) Administration of other appropriate labor market information
activities. [Formerly 329.955]RECIPROCAL AND COOPERATION AGREEMENTSThe Director of the Employment Department
shall:
(1) Cooperate in all necessary respects with the appropriate
agencies and departments of the federal government in the administration
of this chapter and of free public employment offices.
(2) Make the state’s records relating to the administration of this
chapter available to the Railroad Retirement Board and furnish to the
Railroad Retirement Board, at the expense of such board, copies thereof
as that board deems necessary for its purposes.
(3) Afford reasonable cooperation with every agency of the United
States charged with the administration of any unemployment insurance law
and make all reports thereon requested by any directly interested federal
agency or department.
(4) Accept any sums allotted or apportioned to the state for such
administration and comply with all reasonable federal regulations
governing the expenditures of such sums.(1) The Employment Department
is authorized to cooperate with or enter into agreements with appropriate
agencies of the federal government whereby:
(a) The Director of the Employment Department may act as agent of
the federal government, in the payment of subsistence or other cash
allowances provided in programs adopted by the federal government,
including training and retraining programs or other assistance to
individuals in this state.
(b) In performing services incidental to such programs the director
may make such reports, surveys and analyses as may be required and comply
with all reasonable rules and regulations in connection with such
programs.
(c) The director may accept any sums allotted or apportioned to the
state for administrative purposes and maintain separate accounting of all
subsistence or cash allowances deposited with the state for payment to
qualified individuals.
(2) Nothing in this section shall in any way affect the validity of
any agreements entered into with any federal agency prior to July 1,
1963. [1963 c.216 §2]The Director of the Employment Department may enter into
agreements with the appropriate agencies of other states or the federal
government whereby:
(1) Potential rights to benefits accumulated under the unemployment
insurance laws of the several states or under such a law of the federal
government, or both, may constitute the basis for the payment of benefits
through a single appropriate agency under terms which the director finds
will be fair and reasonable as to all affected interests and will not
result in any substantial loss to the fund.
(2) Individuals performing services in this and other states for a
single employing unit under circumstances not specifically provided for
in ORS 657.035 (2) or under similar provisions in the unemployment
insurance laws of such other states, shall be deemed to be engaged in
employment performed entirely within this state or within one of such
other states and whereby potential rights to benefits accumulated under
the unemployment insurance laws of one or more states or under such a law
of the federal government, or both, may constitute the basis for the
payment of benefits.
(3) The collection and payment of contributions by employers with
respect to employment not localized within this state is adjusted.Whenever the unemployment insurance laws of other
states provide for inclusion of out-of-state payment of wages in
computing wages paid in like manner as provided in ORS 657.095 (2), the
Director of the Employment Department may enter into agreements with
those empowered to administer the unemployment insurance laws of such
other states for the purpose of:
(1) Waiving the further collection of payroll taxes in all the
states when the aggregate amount of said wages is in excess of “payroll”
as defined in ORS 657.095 (1); and
(2) Securing uniformity for payroll reporting on such out-of-state
work. [Amended by 1955 c.655 §24; 1973 c.300 §13; 1973 c.810 §3](1) The Director of the Employment Department may enter into
reciprocal arrangements with appropriate and duly authorized agencies of
other states or of the federal government, or both, whereby wages, upon
the basis of which an individual may become entitled to benefits under an
employment security law of another state or of the federal government,
shall be deemed to be wages for insured work for the purpose of
determining benefits under this chapter. Wages for insured work, on the
basis of which an individual may become entitled to benefits under this
chapter, shall be deemed to be wages on the basis of which unemployment
insurance is payable under such law of another state or of the federal
government.
(2) No such arrangement shall be entered into unless it contains
provision for reimbursement to the fund for such of the benefits paid
under this chapter on the basis of such wages and provision for
reimbursement from the fund for such benefits paid under such other law
on the basis of wages for insured work, as the director finds will be
fair and reasonable to all affected interests.
(3) Reimbursements paid from the fund pursuant to this section are
deemed to be benefits for the purposes of this chapter. However, no
charge shall be made to an employer’s account under ORS 657.471 in excess
of the maximum benefits payable under ORS 657.150 or when no benefits
would have been payable to an individual but for this section, because of
the lack of wages for insured work necessary to qualify for benefits.
(4) Notwithstanding the provisions of subsections (1) and (2) of
this section, the director shall participate in any arrangements for the
payment of compensation on the basis of combining an individual’s wages
and employment covered under this chapter with wages and employment
covered under the unemployment insurance laws of other states that are
approved by the United States Secretary of Labor in consultation with the
state unemployment insurance agencies as reasonably calculated to ensure
the prompt and full payment of compensation in such situations and that
include provisions for:
(a) Applying the base period of a single state law to a claim
involving the combining of an individual’s wages and employment covered
under two or more state unemployment insurance laws; and
(b) Avoiding the duplicate use of wages and employment by reason of
such combining. [Amended by 1957 c.699 §11; 1971 c.463 §19; 2005 c.22
§463](1) The courts of the State of Oregon shall
recognize and enforce the liability for unemployment insurance
contributions imposed by other states which extend a like comity to this
state, and officials of such other states may initiate civil proceedings
in the courts of this state to enforce the collection of such
contributions. The certificate of the Secretary of State of such other
states that such officials have the authority to collect the
contributions is conclusive evidence of such authority.
(2) The Attorney General is empowered to initiate and prosecute
civil proceedings in the courts of other states by and in the name of the
Director of the Employment Department to enforce the liability for
unemployment insurance contributions imposed by the State of Oregon, and
may also initiate and prosecute civil proceedings in this state as agent
for and on behalf of any other state to enforce liability for
unemployment insurance contributions due such state if the state extends
a like comity to the State of Oregon. The compensation for the services
of the Attorney General rendered on behalf of other states under this
section shall be paid from moneys appropriated to the Employment
Department for administrative expenditures. The compensation for similar
officers of other states for services rendered on behalf of this state
under this section shall be paid by such other state. However, all other
expenses of civil proceedings under this section shall be paid by the
state, officer or agency thereof at whose request such proceedings were
initiated.
(3) The Attorney General, with the approval of the director, may
employ a special assistant under ORS 180.140 (5) to initiate and
prosecute civil proceedings in other states to enforce liability for
unemployment contributions imposed by the State of Oregon and nothing in
this section shall be deemed to prevent the officials of other states
from employing any member of the Oregon State Bar to initiate and
prosecute civil proceedings in this state to enforce liability for
unemployment insurance imposed by such other states.
(4) As used in this section, “contributions” includes interest and
penalties imposed pursuant to an unemployment insurance statute. [1963
c.453 §2; 1983 c.740 §247](1) As used in this section,
“appropriate agency” means an agency authorized to enforce child support
obligations pursuant to a plan approved under part D of title IV of the
Social Security Act.
(2) Notwithstanding ORS 657.855, the Director of the Employment
Department may enter into agreements with the appropriate agency of this
state whereby child support obligations which are being enforced pursuant
to a plan approved under section 454 of the Social Security Act and owed
by an individual who is eligible for unemployment compensation may be
met, in whole or in part, by withholding from the unemployment
compensation due the individual the amount specified by the individual to
the appropriate agency to be withheld or the amount determined pursuant
to an agreement with the individual submitted to the appropriate agency
or any amount otherwise required to be withheld pursuant to ORS 25.378
and 25.414 and forwarding of the amount so withheld to the appropriate
agency.
(3) Any amount deducted and withheld under subsection (2) of this
section shall for all purposes be treated as if it were paid to the
individual as unemployment compensation.
(4) This section shall apply only if appropriate arrangements have
been made for reimbursement, by the appropriate agency or agencies
involved, for the administrative costs incurred by the Employment
Department under this section.
(5) The director shall prescribe such rules as are deemed necessary
with respect to implementation and administration of procedures to comply
with the provisions of this section. [1982 s.s.1 c.30 §9; 1991 c.115 §1;
1993 c.798 §49]FUNDS (1)
There is established in the State Treasury, separate and distinct from
the General Fund, the Supplemental Employment Department Administration
Fund. Such fund shall consist of moneys collected or received by the
Employment Department pursuant to section 3, chapter 449, Oregon Laws
1987.
(2) All income earned on moneys in the Supplemental Employment
Department Administration Fund invested by the State Treasurer shall
accrue to the fund. Any balance in this fund shall not lapse at any time.
All moneys in the fund are appropriated continuously to the Employment
Department for the payment of expenses of administration of this chapter
for which federal funding has been reduced, eliminated or otherwise is
not available, and which has been authorized in the legislatively
approved budget of the Employment Department. [1987 c.449 §2; 1995 c.37
§2]Note 1: The amendments to 657.783 by section 3, chapter 183, Oregon
Laws 2005, apply to unemployment insurance tax reporting periods
beginning on or after January 1, 2007. See section 10, chapter 183,
Oregon Laws 2005. The text that applies to reporting periods beginning on
or after January 1, 2007, is set forth for the user’s convenience.
657.783. (1) There is established in the State Treasury, separate
and distinct from the General Fund, the Supplemental Employment
Department Administration Fund. The Supplemental Employment Department
Administration Fund shall consist of moneys collected or received by the
Employment Department pursuant to section 3, chapter 449, Oregon Laws
1987, and ORS 657.439 and 657.463.
(2) All income earned on moneys in the Supplemental Employment
Department Administration Fund invested by the State Treasurer shall
accrue to the fund. Any balance in the fund shall not lapse at any time.
All moneys in the fund are appropriated continuously to the department
for the payment of expenses of administration of this chapter for which
federal funding has been reduced, eliminated or otherwise is not
available, and which has been authorized in the legislatively approved
budget of the department.Note 2: The amendments to 657.783 by section 18, chapter 183,
Oregon Laws 2005, apply to calendar years beginning on or after January
1, 2009. See section 19, chapter 183, Oregon Laws 2005. The text that
applies to calendar years beginning on or after January 1, 2009, is set
forth for the user’s convenience.
657.783. (1) There is established in the State Treasury, separate
and distinct from the General Fund, the Supplemental Employment
Department Administration Fund. The Supplemental Employment Department
Administration Fund shall consist of moneys collected or received by the
Employment Department pursuant to section 3, chapter 449, Oregon Laws
1987, and ORS 657.439 and 657.463.
(2) Except as provided in subsection (3) of this section, all
income earned on moneys in the Supplemental Employment Department
Administration Fund invested by the State Treasurer shall accrue to the
fund. Any balance in the fund shall not lapse at any time. All moneys in
the fund are appropriated continuously to the department for the payment
of expenses of administration of this chapter for which federal funding
has been reduced, eliminated or otherwise is not available, and which has
been authorized in the legislatively approved budget of the department.
(3) As determined on June 30 of each odd-numbered year, moneys in
the Supplemental Employment Department Administration Fund that are in
excess of 150 percent of the amount collected pursuant to ORS 657.463 (2)
for the first quarter of the previous even-numbered year shall be
transferred to the Unemployment Compensation Trust Fund. The transfer
required by this subsection shall be made by December 31 of the
odd-numbered year.(1) The Director of the Employment Department may enter into
an agreement or agreements with any other state’s employment security
agency, or group thereof, including the Interstate Reciprocal Overpayment
Recovery Arrangement, for the mutual and reciprocal recovery of overpaid
unemployment compensation benefits. Notwithstanding any other provision
of this chapter, the director may withhold from benefits otherwise due
amounts necessary to recover overpaid benefits on behalf of other states
with which the director has entered into such mutual and reciprocal
agreements.
(2) For purposes of this section, “states” includes the District of
Columbia, Puerto Rico and the Virgin Islands. [1995 c.105 §2] There hereby is
created the Unemployment Compensation
Trust Fund. Such fund shall consist of:
(1) All contributions received and collected under
this chapter.
(2) Interest earned upon any moneys in the fund.
(3) Any property or securities acquired through the use of moneys
belonging to the fund and all earnings of such property or securities.
(4) All other moneys received for the fund from any other source.
(5) All moneys credited to this state’s account in the unemployment
trust fund pursuant to section 903 of the Social Security Act, as
amended. [Amended by 1957 c.609 §1; 1965 c.359 §7](1) The Governor of the State of
Oregon is hereby authorized in the discretion of the Governor to make
necessary application to the Secretary of Labor of the United States to
obtain an advance or advances pursuant to title XII of the Social
Security Act, as amended.
(2) The Director of the Employment Department shall notify the
Governor whenever the director determines that the conditions specified
in section 1201 of the Social Security Act, as amended, or under any
other Act of Congress extending such authority, have been met.
(3) Any amount transferred to the Unemployment Compensation Trust
Fund by the Secretary of the Treasury of the United States under the
terms of any agreement entered into in accordance with the authority
extended in this section, shall be repaid from the Unemployment
Compensation Trust Fund and as further provided in section 1202 of the
Social Security Act, as amended. [1959 c.373 §§1,2,3] (1) All moneys received for the
Unemployment Compensation Trust Fund under ORS 657.805 shall be deposited
with the State Treasurer subject to ORS 657.830.
(2) All moneys in the fund shall be mingled and undivided and shall
be administered by the Director of the Employment Department for the
purpose of this chapter.(1) Money credited to the account of this state in the Unemployment Trust
Fund by the Secretary of the Treasury of the United States of America
pursuant to section 903 of the Social Security Act, as amended, may be
requisitioned and used for the payment of expenses incurred for the
administration of this chapter pursuant to a specific appropriation by
the legislature, provided that the expenses are incurred and the money is
requisitioned after the enactment of an appropriation law which:
(a) Specifies the purposes for which the money is appropriated and
the amounts appropriated therefor;
(b) Limits the period within which such money may be obligated to a
period ending not more than two years after the date of the enactment of
the appropriation law; and
(c) Limits the amount which may be obligated under such
appropriation at any time to an amount which does not exceed, at any such
time, the amount by which the aggregate of the amounts transferred to the
account of such state pursuant to section 903 of the Social Security Act,
as amended, exceeds the aggregate amount of the amounts used by the state
for administration and charged against the amounts transferred to the
account of such state.
(2) For purposes of this section, amounts obligated for
administrative purposes pursuant to an appropriation shall be chargeable
against transferred amounts at the exact time the obligation is entered
into. The appropriation, obligation, expenditure or other disposition of
money appropriated under this section shall be accounted for in
accordance with standards established by the United States Secretary of
Labor.
(3) Money appropriated as provided in this section for the payment
of expenses of administration shall be requisitioned as needed for the
payment of obligations incurred upon such appropriation, and upon
requisition shall be deposited in the Unemployment Compensation
Administration Fund from which such payments shall be made. Money so
deposited shall, until expended, remain a part of the Unemployment
Compensation Trust Fund and, if not expended, shall be returned promptly
to the account of this state in the Unemployment Trust Fund.
(4) Notwithstanding any other provision of this chapter, money
credited to the account of this state pursuant to section 903 of the
Social Security Act, as amended, and which has been or will be
appropriated for administrative expenses of the Employment Department
shall, for the purposes of the computation of fund adequacy percentage
ratio, be deemed a part of the Unemployment Compensation Trust Fund.
[1957 c.609 §7; 1959 c.604 §1; 1969 c.703 §1; 1973 c.24 §1; 1983 c.508
§13; 1991 c.685 §10]Notwithstanding ORS 657.812,
the Employment Department may accept funds made available to this state
under section 903 of the Social Security Act, as amended, for payment of
administrative expenses relating to the unemployment insurance program.
[1999 c.970 §2]Note: 657.813 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 657 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) There is
created, separate and distinct from the General Fund, the Unemployment
Compensation Benefit Fund. Such fund shall consist of all amounts
withdrawn from the Federal Unemployment Trust Fund, upon requisition of
the Director of the Employment Department, except as provided in ORS
657.812.
(2) This fund shall be used solely in the payment of benefits under
this chapter, exclusive of administration, and in the payment of
unemployment insurance under any agreement with another governmental
agency whereby the latter will reimburse the fund for such expenditure;
provided that such use shall be consistent with the Federal Unemployment
Tax Act.
(3) The Unemployment Compensation Benefit Fund shall be the sole
and exclusive source for the payment of benefits payable under this
chapter. Such benefits shall be deemed to be due and payable only to the
extent that contributions, with increments thereon, actually collected
and credited to the fund are available therefor.
(4) The Unemployment Compensation Benefit Fund shall be held and
administered by the State Treasurer in the same manner as provided in ORS
657.830 (1). Interest earned on the fund shall be credited to the fund.
[Amended by 1957 c.609 §2; 1959 c.604 §2; 1995 c.37 §3] (1) There is
established in the State Treasury, separate and distinct from the General
Fund, the Unemployment Compensation Administration Fund, to consist of
all moneys received by the state or the Director of the Employment
Department for the expenses of administration of this chapter, including
such proportion of total expenses of maintaining public employment
offices incurred for the purposes of this chapter.
(2) Such fund shall be expended solely for the purposes specified
in this section, and its balances shall not lapse at any time but shall
remain continuously available to the director for expenditures consistent
with this section. Interest earned on the fund shall be credited to the
fund.
(3) All federal moneys allotted or apportioned to the state by the
Secretary of Labor, the Railroad Retirement Board or other federal
agency, for the administration of this chapter shall be paid into such
fund.
(4) All moneys made available by or received by this state under
the Wagner-Peyser Act entitled “An Act to provide for the establishment
of a national employment system and for cooperation with the states in
the promotion of such system, and for other purposes,” approved June 6,
1933, (48 Statutes 113; United States Code, title 29, §49(c) as amended)
shall be paid into the Unemployment Compensation Administration Fund and
said moneys hereby are appropriated and made available to the director to
be expended as provided by this chapter and by the Wagner-Peyser Act.
(5) All moneys received from the Railroad Retirement Board as
compensation for services or facilities supplied to said board shall be
paid into the Unemployment Compensation Administration Fund.
(6) Notwithstanding any provisions of this section, all moneys
requisitioned and deposited in this fund pursuant to the provisions of
ORS 657.657 and 657.805 to 657.820 shall remain part of the Federal
Unemployment Trust Fund and shall be used only in accordance with
conditions specified in ORS 657.657 and 657.805 to 657.820. [Amended by
1957 c.609 §3; 1959 c.604 §3; 1995 c.37 §4] (1)
There is established in the State Treasury, separate and distinct from
the General Fund, the Employment Department Special Administrative Fund.
The Employment Department Special Administrative Fund shall consist of
moneys collected or received by the Employment Department as follows:
(a) All interest collected under ORS 657.515.
(b) All fines and penalties collected pursuant to this chapter.
(c) All gifts to or interest on or profits earned by the Employment
Department Special Administrative Fund.
(2) The moneys in the Employment Department Special Administrative
Fund are continuously appropriated to the Employment Department, and may
not be transferred or otherwise made available to any other state agency,
to pay the expenses of the Secretary of State incurred in performing the
audit of the Employment Department and such other expenses as may be
included in the biennial budget of the Employment Department and approved
by the Legislative Assembly for payment from the Employment Department
Special Administrative Fund. On July 1 of every odd-numbered year, any
amounts in the Employment Department Special Administrative Fund that
have not been appropriated in the biennial budget of the Employment
Department approved by the Legislative Assembly shall be transferred to
the State Unemployment Compensation Benefit Reserve Fund created by ORS
657.845. [1965 c.359 §2; 1967 c.335 §58; 1969 c.597 §191; 1983 c.740
§248; 1993 c.344 §7; 1993 c.778 §23; 1995 c.37 §5; 2005 c.22 §464]Note: The amendments to 657.822 by section 16, chapter 183, Oregon
Laws 2005, become operative June 30, 2008. See section 17, chapter 183,
Oregon Laws 2005. The text that is operative on and after June 30, 2008,
is set forth for the user’s convenience.
657.822. (1) There is established in the State Treasury, separate
and distinct from the General Fund, the Employment Department Special
Administrative Fund. The Employment Department Special Administrative
Fund shall consist of moneys collected or received by the Employment
Department as follows:
(a) All interest collected under ORS 657.515.
(b) All fines and penalties collected pursuant to this chapter.
(c) All gifts to or interest on or profits earned by the Employment
Department Special Administrative Fund.
(2) The moneys in the Employment Department Special Administrative
Fund are continuously appropriated to the department, and may not be
transferred or otherwise made available to any other state agency, to pay
the expenses of the Secretary of State incurred in performing the audit
of the department and such other expenses as may be included in the
biennial budget of the department and approved by the Legislative
Assembly for payment from the fund. On July 1 of every odd-numbered year,
any amounts in the Employment Department Special Administrative Fund that
have not been appropriated in the biennial budget of the department
approved by the Legislative Assembly shall be transferred to the
Unemployment Compensation Trust Fund. (1) There is established in
the State Treasury, separate and distinct from the General Fund, the
Employment Tax Guarantee Fund. The Employment Tax Guarantee Fund shall
consist of:
(a) Money deposits received under ORS 657.505 or 657.507; and
(b) Proceeds of bonds posted under ORS 657.505 or 657.507.
(2) Interest earned on the Employment Tax Guarantee Fund shall be
credited to the Employment Department Special Administrative Fund. [1967
c.435 §14; 1995 c.37 §6; 2003 c.401 §2](1) All moneys in the Unemployment Compensation
Administration Fund which are received from the federal government or any
agency thereof or which are appropriated by this state for the purposes
described in ORS 657.820 shall be expended solely for the purposes and in
the amounts found necessary by the Secretary of Labor for the proper and
efficient administration of this chapter.
(2) If any moneys received for the Unemployment Compensation
Administration Fund under title III of the Social Security Act or the
Wagner-Peyser Act are found by the Secretary of Labor, because of any
action or contingency, to have been lost or been expended for purposes
other than, or in amounts in excess of, those found necessary by the
Secretary of Labor for the proper administration of this chapter, it is
the policy of this state that such moneys shall be replaced by moneys
appropriated for such purpose from the General Fund of this state to the
Unemployment Compensation Administration Fund for expenditure as provided
in ORS 657.820. Upon receipt of notice of such a finding by the Secretary
of Labor, the Director of the Employment Department promptly shall report
the amount required for such replacement to the Governor. The Governor
shall, at the earliest opportunity, submit to the legislature a request
for the appropriation of such amount. This section shall not be construed
to relieve this state of its obligations with respect to funds received
prior to July 1, 1941, pursuant to title III of the Social Security Act.
[Amended by 1969 c.703 §2] (1) The State
Treasurer shall be the custodian of the Unemployment Compensation Trust
Fund and the Unemployment Compensation Benefit Fund.
(2) After clearance thereof, the State Treasurer immediately shall
deposit all moneys specified in ORS 657.805 which are received from all
sources as an accretion to the Unemployment Compensation Trust Fund, with
the Secretary of the Treasury of the United States as custodian of the
trust fund created by the federal Social Security Act.
(3) All moneys specified in ORS 657.822 shall be deposited in the
Unemployment Compensation Trust Fund only for purposes of clearance.
After clearance thereof, the State Treasurer immediately shall deposit
all such moneys, less refunds made pursuant to the provisions of ORS
657.510, in the Employment Department Special Administrative Fund.
(4) Refunds payable pursuant to ORS 657.510 may be paid upon
warrants issued by the State Treasurer under direction of the
administrator from the Unemployment Compensation Trust Fund or the
Employment Department Special Administrative Fund, as appropriate.
[Amended by 1965 c.359 §8; 1967 c.435 §10; 1981 c.189 §3; 1995 c.37 §1](1) On the first day of the third month of a calendar
quarter the Director of the Employment Department shall:
(a) Estimate the interest payable, accrued through the end of the
calendar quarter, on federal advances obtained under the provisions of
ORS 657.807;
(b) Estimate the amount of federal advance interest repayment tax
receipts expected to be collected during the quarter for any preceding
calendar quarter in which such tax was assessed;
(c) Add the amount in the Federal Advance Interest Repayment Fund
on the last day of the immediately preceding calendar quarter to the
estimate in paragraph (b) of this subsection; and
(d) Subtract the sum obtained in paragraph (c) of this subsection
from the estimate in paragraph (a) of this subsection.
(2) If the remainder obtained in subsection (1)(d) of this section
is more than zero, each employer subject to this chapter shall be
assessed a federal advance interest repayment tax. Such tax shall be a
percentage of the regular unemployment tax payable under this chapter for
the calendar quarter. The percentage shall be determined by dividing the
remainder in subsection (1)(d) of this section by the estimated amount of
unemployment tax due and payable on wages paid during the quarter. The
percentage shall be rounded up to the next full percent.
(3) The tax assessed under this section shall be collected in such
manner as the director may prescribe. Interest and penalties applicable
to the regular unemployment insurance tax shall be applicable to this tax.
(4) There is hereby created a Federal Advance Interest Repayment
Fund as a separate fund in the State Treasury. Such fund shall consist of
all moneys received pursuant to this section and interest earnings
accruing to the fund and shall be used only for the payment of interest
accruing and payable on advances received under ORS 657.807, except that
if at the end of any calendar quarter, all advances and interest have
been repaid, any remaining balance in the fund may be transferred to the
Unemployment Compensation Trust Fund.
(5) This section does not apply to public and nonprofit employers
or Indian tribes making reimbursement payments as provided in ORS 657.505
and 657.513. [1983 c.52 §2; 2001 c.572 §14] (1)
There is established in the State Treasury, separate and distinct from
the General Fund, the State Unemployment Compensation Benefit Reserve
Fund which is declared to be a trust fund. Such fund shall consist of
moneys collected or received by the Employment Department pursuant to
section 3, chapter 685, Oregon Laws 1991.
(2) Any balance in the fund shall not lapse at any time.
(3) All moneys in the fund are appropriated continuously to the
Employment Department and shall be used solely to pay unemployment
compensation benefits when the Unemployment Compensation Trust Fund
balance lapses. Workers of this state who are eligible for unemployment
compensation benefits are absolutely and irrevocably vested with the
beneficial ownership of all moneys lawfully credited to the State
Unemployment Compensation Benefit Reserve Fund for the purpose of
implementing the trust. The balance in the State Unemployment
Compensation Benefit Reserve Fund shall be included with the balance in
the Unemployment Compensation Trust Fund in any computation of a fund
adequacy percentage ratio under ORS chapter 657.
(4) All income earned on moneys in the State Unemployment
Compensation Benefit Reserve Fund invested by the State Treasurer shall
accrue to the Supplemental Employment Department Administration Fund
created by ORS 657.783. [1991 c.685 §2; 1995 c.37 §8]Note: The amendments to 657.845 by section 11, chapter 183, Oregon
Laws 2005, become operative April 1, 2007. See section 12, chapter 183,
Oregon Laws 2005. The text that is operative on and after April 1, 2007,
is set forth for the user’s convenience.
657.845. (1) There is established in the State Treasury, separate
and distinct from the General Fund, the State Unemployment Compensation
Benefit Reserve Fund which is declared to be a trust fund. Such fund
shall consist of moneys collected or received by the Employment
Department pursuant to section 3, chapter 685, Oregon Laws 1991.
(2) Any balance in the fund shall not lapse at any time.
(3) All moneys in the fund are appropriated continuously to the
Employment Department and shall be used solely to pay unemployment
compensation benefits that would otherwise be paid from the Unemployment
Compensation Trust Fund. Workers of this state who are eligible for
unemployment compensation benefits are absolutely and irrevocably vested
with the beneficial ownership of all moneys lawfully credited to the
State Unemployment Compensation Benefit Reserve Fund for the purpose of
implementing the trust. The balance in the State Unemployment
Compensation Benefit Reserve Fund shall be included with the balance in
the Unemployment Compensation Trust Fund in any computation of a fund
adequacy percentage ratio under this chapter.
(4) All income earned on moneys in the State Unemployment
Compensation Benefit Reserve Fund invested by the State Treasurer shall
accrue to the Supplemental Employment Department Administration Fund
created by ORS 657.783.Note: 657.845 is repealed June 30, 2008. See sections 13 and 14,
chapter 183, Oregon Laws 2005.Note: Section 15, chapter 183, Oregon Laws 2005, provides:
Sec. 15. Any balance in the State Unemployment Compensation Benefit
Reserve Fund that is unexpended and unobligated on June 30, 2008, shall
be transferred to and deposited in the Unemployment Compensation Trust
MISCELLANEOUS PROVISIONS (1)
Except as provided in this section, benefits due under this chapter may
not be assigned, pledged, encumbered, released or commuted and shall,
except as otherwise provided in this chapter, be exempt from all claims
of creditors and from levy, execution and attachment or remedy for
recovery or collection of a debt, which exemption may not be waived. No
agreement by an individual to waive the individual’s rights under this
chapter is valid.
(2) The exemption from execution or other process granted under
this section applies to only 75 percent of benefits payable under this
chapter if the execution or other process is issued for a child support
obligation or an order or notice entered pursuant to ORS chapter 25, 107,
108, 109, 110, 416, 419B or 419C and the child support obligation or the
order or notice is being enforced pursuant to a plan approved under Title
IV-D of the Social Security Act. [Amended by 1982 s.s.1 c.30 §10; 1989
c.520 §3; 1991 c.115 §2; 1999 c.745 §6; 2003 c.572 §20] No
agreement by an employee to pay any portion of the contribution required
of the employer by this chapter is valid and no employers shall make a
deduction for such purpose from the wages or salary of an employee. All the rights, privileges or immunities
conferred by this chapter or by acts deemed pursuant thereto shall exist
subject to the powers of the legislature to amend or repeal this chapter
at any time, and there shall be no vested private right of any kind
against such amendment or repeal. (1) If title IX of
the federal Social Security Act becomes inoperative by Act of Congress or
by decision of the United States Supreme Court, payments of contributions
and payment of benefits provided in this chapter shall cease.
(2) If the provisions of the Act of October 20, 1976, P.L. 94-566
(26 U.S.C. 3306) requiring benefit coverage for service performed in
agricultural labor as provided in ORS 657.045 (1)(a) and (b) and (7) and
657.105 (2) become inoperative by Act of Congress or by decision of the
United States Supreme Court, payments of contributions and payment of
benefits pursuant to the statutes cited in this subsection shall cease.
[Amended by 1977 c.446 §9]The period within which an interested party may
request a hearing or file with the Employment Appeals Board an
application for review as provided in ORS 657.266 to 657.269, 657.270,
657.471, 657.485, 657.679, 657.681 and 657.682 may be extended, upon a
showing of good cause therefor, a reasonable time under the circumstances
of each particular case. [1973 c.300 §14; 1975 c.257 §11; 1993 c.778 §17;
2005 c.214 §4]In order to provide health care coverage for eligible
unemployed individuals, the Employment Department, upon approval and
funding by the Emergency Board, is authorized:
(1) To deduct an amount from unemployment compensation otherwise
payable to an individual and to use the amount so deducted to pay for
health care coverage if the individual voluntarily elects to have such
deduction made, and such deduction is made under a program which meets
applicable federal requirements and has been approved in accordance with
the provisions of this section and ORS 657.885.
(2) To certify to the Department of Human Services those unemployed
individuals eligible to receive health care coverage pursuant to criteria
established by or pursuant to federal law in order to receive federal
funds for obtaining such coverage.
(3) To enter into contracts with other appropriate federal or state
agencies. [1983 c.753 §2; 2001 c.900 §259] For purposes of this
section and ORS 657.880, the term “health care coverage” means coverage
under:
(1) Health insurance policies issued by qualified insurers and
health care service contractors;
(2) Contracts entered into by and between the State of Oregon and
qualified insurers and health care service contractors; and
(3) The medical assistance program administered by the Department
of Human Services. [1983 c.753 §3; 1991 c.66 §29; 2001 c.900 §260]
Notwithstanding any other provision of this chapter, the Employment
Department, at the direction of the Governor, may take appropriate action
to expedite and provide for the implementation of an unemployment
compensation program not provided for in this chapter, if the program is
authorized by the United States Secretary of Labor and if the director
determines that the program will be beneficial to the state and its
people through the receipt of additional federal money for unemployment
compensation purposes. The Employment Department shall notify interested
parties if action is taken under this section. [1993 c.200 §2](1) Violation of ORS 657.295 is punishable for
each offense by a fine of not less than $50 nor more than $500, or by
imprisonment for not more than six months, or both.
(2) Violation of ORS 657.300 is a misdemeanor.
(3) Violation of ORS 657.480 (3)(a) or (b) is a Class C felony.
(4) In addition to any penalties otherwise prescribed in this
chapter, violation of ORS 657.495, 657.565, 657.660 (2) or any other
provision of this chapter is a misdemeanor and is punishable by a fine of
not less than $100 nor more than $500, or by imprisonment for not more
than 90 days, or both. If an offending employer or the employer of an
offending agent is a corporation, the president, secretary and the
treasurer, or officers exercising corresponding functions, are subject to
the penalties in this subsection in respect to any duties of which they
respectively had or, in the proper exercise of their duties, ought to
have had knowledge.
(5) Subject to ORS 153.022, willful violation of this chapter or of
any order issued or rule adopted under this chapter, the violation of
which is made unlawful or the observance of which is required under this
chapter, and for which a penalty neither is prescribed in this section
nor provided by any other applicable statute, is punishable by a fine of
not less than $20 nor more than $200, or by imprisonment for not more
than 60 days, or both. Each day the violation continues is considered a
separate offense.
(6) Circuit courts and justice courts have concurrent jurisdiction
of any offense under this section. [Amended by 1971 c.743 §405; 1999
c.1051 §322; 2005 c.35 §3]Note: See note under 657.480.
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