Chapter 657 — Chapter 657

ORS 657.144 Notice to individual of effect of filing claim for benefits; earned income tax credits. (1) 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

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ORS 657.145 [1977 c.447 §2; repealed by 1983 c.508 §14]

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ORS 657.146 Withholding from benefits for tax purposes; rules. (1) A claimant may elect to have an amount withheld from benefits otherwise payable to the claimant

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ORS 657.148 Compliance with federal requirements for collection and payment of federal taxes. For purposes of ORS 657.144 (1) 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]

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ORS 657.150 Amount of benefits; length of employment and wages necessary to qualify for benefits; rules. (1) An individual shall be paid benefits for weeks during the benefit year in an amount that is to be determined by taking into account the individual’s work in subject employment in the base year as provided in this section

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ORS 657.152 Adjusting benefits to even dollar amounts. 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]

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ORS 657.153 Back pay not to be reduced by benefits received; exception for strikes. (1) Except as provided in subsection (2) of this section, the amount of back pay paid by an employer, or awarded by a judge or arbitrator, to an individual may not be reduced to reflect the amount of benefits that the individual received for the period for which the back pay was paid or awarded

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ORS 657.155 Benefit eligibility conditions; rules. (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

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ORS 657.156 Reemployment service assistance; eligibility; rules. (1) The Employment Department shall

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ORS 657.157 [1989 c.897 §3; repealed by 1995 c.104 §2]

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ORS 657.158 Self-employment assistance; eligibility; amounts payable; rules. (1) As used in this section

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ORS 657.159 Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs. (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

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ORS 657.160 [Amended by 1959 c.643 §1; 1961 c.209 §1; 1965 c.213 §1; 1967 c.230 §1; 1969 c.75 §1; repealed by 1973 c.398 §3]

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ORS 657.165 Waiting period eligibility, condition, limitation. No week shall be counted as a week of unemployment for the purposes of ORS 657.155 (1)(d)

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ORS 657.167 Amount and time period for payment of benefits to educational institution employees. (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

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ORS 657.170 Extending base year; limitation. (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

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ORS 657.173 Alternate base year; rules. (1)(a) Notwithstanding ORS 657.010 (1), in the case of an individual who is not eligible for benefits under ORS 657.150 (2) using the definition in ORS 657.010 (1), “base year” means the last four completed calendar quarters preceding the benefit year, if use of this alternate definition of “base year” makes the individual eligible for benefits under ORS 657.150 (2)

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ORS 657.175 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

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ORS 657.176 Grounds and procedure for disqualification; exceptions; rules. (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

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ORS 657.178 [1959 c.643 §4; repealed by 1973 c.398 §3]

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ORS 657.179 Eligibility of individuals participating in certain federally approved training. (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

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ORS 657.180 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

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ORS 657.181 [1955 c.655 §10 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185); 1957 c.699 §3; repealed by 1959 c.643 §5]

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ORS 657.182 [1961 c.207 §1; 1971 c.743 §404; repealed by 1973 c.398 §3]

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ORS 657.184 Benefits payable for service by noncitizens. Benefits shall not be paid on the basis of services performed by a noncitizen unless the noncitizen 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 a noncitizen 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; 2022 c.97 §17]

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ORS 657.185 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

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ORS 657.186 Benefits payable for service by athletes. 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]

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ORS 657.190 Suitable work; factors to consider. 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. [Amended by 2001 c.657 §2; 2009 c.21 §55]

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ORS 657.195 Suitable work; exceptions. (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

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ORS 657.200 Benefits during lockout or strike. (1) Notwithstanding the provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, an individual who is otherwise eligible for benefits is not disqualified for benefits or waiting week credit for any week with respect to which the Director of the Employment Department finds that the unemployment of the individual is due to a lockout that 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

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ORS 657.202 Temporary lockout benefits. (1) As used in this section, “temporary lockout benefits” means benefits payable as provided in this section to individuals who are unemployed due to a lockout

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ORS 657.203 Benefits charged to school district or education service district during labor dispute. (1) Benefits charged to a school district or an education service district for weeks during a labor dispute shall count toward the total compensation in the applicable collective bargaining agreement of the employee who received the benefits

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ORS 657.205 Deduction of retirement pay; exceptions. (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

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ORS 657.210 Disqualification in other jurisdictions. 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]

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ORS 657.213 Ineligibility for benefits upon conviction of fraud in obtaining benefits. (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

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ORS 657.215 Disqualification for misrepresentation. An individual is disqualified for benefits for a period not to exceed 52 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 the period of disqualification and the time when the 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 five years from the date of the decision. The director may cancel the disqualification wholly or in part as the director deems proper and equitable. [Amended by 1977 c.295 §5; 2007 c.87 §1]

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ORS 657.220 [Repealed by 1955 c.655 §25]

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ORS 657.221 Benefits payable to nonprofessional educational institution employees. (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

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ORS 657.222 [1983 c.528 §8; repealed by 2009 c.11 §83]

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ORS 657.225 [Repealed by 1955 c.655 §25]

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ORS 657.230 [Repealed by 1955 c.655 §25]

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ORS 657.235 [Repealed by 1955 c.655 §25]

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ORS 657.240 [Repealed by 1955 c.655 §25]

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ORS 657.245 [Repealed by 1955 c.655 §25]

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ORS 657.250 [Repealed by 1957 c.699 §12]

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ORS 657.255 Method of payment of benefits; payment of benefits due deceased person; rules. (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

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ORS 657.260 Filing claims for benefits; employer to post statements concerning claim regulations; rules. (1) Claims for benefits shall be filed in accordance with such regulations as the Director of the Employment Department may prescribe

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ORS 657.262 Information provided by public employer to employees. (1) An employer listed in subsection (2) of this section

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ORS 657.265 Notice of claim filing to employing unit or agent of employing unit. 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 or agent of the employing unit. If the claimant did not receive or will not receive remuneration from qualifying employment, as described in ORS 657.176, 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 or agents of the employing unit or units until the Employment Department has notified all of the claimant’s former employing units, or the agents of the employing units, that, in the aggregate, have paid or will pay the claimant remuneration from qualifying employment, as described in ORS 657.176, in an amount that 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; 2009 c.115 §4; 2011 c.22 §1]

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ORS 657.266 Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested. (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

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