Amended by SB 1525
Effective since June 3, 2022
Relating to connection to federal tax law; creating new provisions; amending ORS 178.300, 178.375, 238A.005, 238A.125, 238A.150, 238A.170, 238A.230, 238A.370, 238A.400, 238A.410, 238A.415, 238A.430, 238A.435, 305.239, 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097, 317A.100, 458.670, 657.010 and 657B.010; and prescribing an effective date.
(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 rule, prescribe.
(5)“Contribution” or “contributions” means the taxes 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, 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” has the meaning given that term in ORS 442.015 (Definitions).
(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)“Instructional capacity” does not include services performed as an instructional assistant as defined in ORS 342.120 (Definitions for chapter).
(11)“Internal Revenue Code” means the federal Internal Revenue Code, as amended and in effect on April 1, 2021.
(12)“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.
(13)“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.
(14)“Taxes” means the money payments to the Unemployment Compensation Trust Fund required, or voluntary payments permitted, by this chapter.
(15)“Valid claim” means any claim for benefits made in accordance with ORS 657.260 (Filing claims for benefits) if the individual meets the wages-paid-for-employment requirements of ORS 657.150 (Amount of benefits).
(16)“Week” means any period of seven consecutive calendar days ending at midnight, as the director may prescribe by rule. [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; 2007 c.614 §16; 2008 c.45 §17; 2009 c.5 §27; 2009 c.595 §1042; 2009 c.909 §30; 2010 c.82 §32; 2011 c.7 §27; 2012 c.31 §27; 2013 c.377 §27; 2014 c.52 §29; 2015 c.442 §21; 2016 c.33 §25; 2017 c.527 §26; 2018 c.101 §26; 2019 c.319 §28; 2021 c.43 §1; 2021 c.456 §28]
(2)The Director of the Employment Department shall notify the Legislative Counsel as soon as practicable after receipt of the notice described in subsection (1) of this section. [2021 c.43 §5]
Section 657.010 — Definitions,