Chapter 71 Oregon Laws 2009

AN ACT

SB 462

Relating to eligibility for unemployment insurance benefits; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2009 Act is added to and made a part of ORS chapter 657.

SECTION 2. (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.

          (b) Notwithstanding paragraph (a) of this subsection, a determination of eligibility under ORS 657.150 (2) may not be made using paragraph (a) of this subsection if the individual qualifies or would qualify for regular benefits under the unemployment law of another governmental jurisdiction using that jurisdiction’s standard base year.

          (c) Work and earnings in a calendar quarter that is included in a claim determined to be eligible using the base year as defined in paragraph (a) of this subsection cannot be included in the base year of a subsequent claim unless the subsequent claim’s base year is extended under ORS 657.170 to include the calendar quarter.

          (2)(a) Except as provided in paragraph (b) of this subsection, the definition of “base year” that applies for the purposes of determining an individual’s eligibility for benefits under ORS 657.150 applies for all purposes under this chapter related to that individual’s claim.

          (b) When making a finding under ORS 657.170 (1), “base year” has the meaning given that term in ORS 657.010 (1).

          (3) The Director of the Employment Department shall adopt rules necessary to carry out the provisions of this section.

SECTION 3. Section 2 of this 2009 Act applies to claims for benefits filed on or after the effective date of this 2009 Act.

SECTION 4. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on July 1, 2009.

Approved by the Governor April 21, 2009

Filed in the office of Secretary of State April 21, 2009

Effective date July 1, 2009

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