71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2993
Sponsored by Representative SHETTERLY (at the request of Oregon
AFL-CIO)
CHAPTER ................
AN ACT
Relating to unemployment compensation for dislocated workers who
receive lump sum retirement payment; amending ORS 657.205.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 657.205 is amended to read:
657.205. (1) Subject to the provisions of subsections (2)
{ - , (3) and (4) - } { + 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. + }
{ - (3) - } { + (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.
Enrolled House Bill 2993 (HB 2993-INTRO) Page 1
{ - (4) - } { + (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.
----------
Passed by House May 7, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 14, 2001
...........................................................
President of Senate
Enrolled House Bill 2993 (HB 2993-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2993 (HB 2993-INTRO) Page 3