72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2371
 
                         House Bill 2580
 
Sponsored by Representative ROSENBAUM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Removes individuals who are performing services in other than
instructional, research or principal administrative capacity at
certain educational institutions from disqualification for
receipt of unemployment compensation benefits during certain
periods.
 
                        A BILL FOR AN ACT
Relating to unemployment compensation for certain educational
  institution employees; creating new provisions; amending ORS
  657.221; and repealing ORS 657.222.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657.221 is amended to read:
  657.221. (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) - }   { + (2) + } The provisions of   { - subsections
(1), (3) and (4) - }  { + subsection (1) + } of this section
 { - shall only - }  apply  { + only + } to service performed for
an educational institution or institution of higher education
operated by a nonprofit employing unit, as defined in ORS 657.072
(2), by the state, by a political subdivision or by an Indian
tribe.
  SECTION 2.  { + The amendments to ORS 657.221 by section 1 of
this 2003 Act apply to unemployment compensation benefits applied
for before, on or after the effective date of this 2003 Act,
except that unemployment compensation benefits applied for before
the effective date of this 2003 Act do not accrue during the
period between the application and the effective date of this
2003 Act and may not be paid retroactively. + }
  SECTION 3.  { + ORS 657.222 is repealed. + }
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