75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2203
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Employment Department)
CHAPTER ................
AN ACT
Relating to unemployment insurance; creating new provisions;
amending ORS 657.176, 657.265, 657.321, 657.335 and 657.340;
repealing ORS 657.337 and 657.342; 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. { + For purposes of this chapter, if any provision
of state law conflicts with any provision of this chapter, this
chapter shall control. + }
SECTION 3. ORS 657.176 is amended to read:
657.176. (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.
(2) An individual shall be disqualified from the receipt of
benefits until the individual has performed service in employment
{ - , as defined in ORS 657.030 (2), in this state or in
employment, as defined by a law equivalent to ORS 657.030 (2), in
any other state or Canada - } { + subject to this chapter or
the equivalent law of another state or Canada or as defined in
ORS 657.030 (2) + } or as an employee of the federal government,
for which remuneration is received that equals or exceeds four
times the individual's weekly benefit amount subsequent to the
week in which the act causing the disqualification occurred, if
the authorized representative designated by the director finds
that the individual:
(a) Has been discharged for misconduct connected with work;
(b) Has been suspended from work for misconduct connected with
work;
(c) Voluntarily left work without good cause;
(d) Failed without good cause to apply for available suitable
work when referred by the employment office or the director;
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(e) Failed without good cause to accept suitable work when
offered;
(f) Has been discharged or suspended for being absent or tardy
in reporting to work and the absence or tardiness occurred as a
result of the unlawful use of any drug unless the person was
participating in a recognized drug rehabilitation program at the
time of the absence or tardiness, or is so participating within
10 days after the date of the discharge or suspension, and the
person provides to the Employment Department documentation of
program participation. As used in this paragraph, 'unlawful use'
does not include the use of a drug taken under the supervision of
a licensed health care professional and in accordance with the
prescribed directions for consumption, or other uses authorized
by the laws of this state;
(g) Has been discharged or suspended for being absent or tardy
in reporting to work and the absence or tardiness occurred as the
result of the use of alcohol on a second or any subsequent
occasion within a period of 12 months unless the person was
participating in a recognized alcohol rehabilitation program at
the time of the absence or tardiness, or is so participating
within 10 days after the date of the discharge or suspension, and
the person provides to the department documentation of program
participation; or
(h) Has committed a disqualifying act described in subsection
(9) or (10) of this section.
(3) If the authorized representative designated by the director
finds that an individual was discharged for misconduct because of
the individual's commission of a felony or theft in connection
with the individual's work, all benefit rights based on wages
earned prior to the date of the discharge shall be canceled if
the individual's employer notifies the director of the discharge
within 10 days following issuance of the notice provided for in
ORS 657.265 or 30 days following issuance of the notice provided
for in ORS 657.266, and:
(a) The individual has admitted commission of the felony or
theft to an authorized representative of the director;
(b) The individual has signed a written admission of the felony
or theft and the written admission has been presented to an
authorized representative of the director; or
(c) The felony or theft has resulted in a conviction by a court
of competent jurisdiction.
(4) An individual disqualified under subsection (2) of this
section shall have the individual's maximum benefit amount
reduced by eight times the individual's weekly benefit amount.
However, in no event shall the individual's maximum benefit
amount be reduced to less than the individual's weekly benefit
amount unless the individual has previously received benefits
during the individual's benefit year.
(5) An individual may not be disqualified from receiving
benefits under subsection (2)(c) or (e) of this section or under
ORS 657.200 if the individual ceases work or fails to accept work
when a collective bargaining agreement between the individual's
bargaining unit and the individual's employer is in effect and
the employer unilaterally modifies the amount of wages payable
under the agreement, in breach of the agreement.
(6) For purposes of applying subsection (2) of this section,
when an individual has notified an employer that the individual
will leave work on a specific date and it is determined that:
(a) The separation would be for reasons that constitute good
cause;
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(b) The individual voluntarily left work without good cause
prior to the date of the impending good cause voluntary leaving
date; and
(c) The actual voluntary leaving of work occurred no more than
15 days prior to the planned date of voluntary leaving,
then the separation from work shall be adjudicated as if the
actual voluntary leaving had not occurred and the planned
voluntary leaving had occurred. However, the individual shall be
ineligible for benefits for the period including the week in
which the actual voluntary leaving occurred through the week
prior to the week of the planned good cause voluntary leaving
date.
(7) For purposes of applying subsection (2) of this section,
when an employer has notified an individual that the individual
will be discharged on a specific date and it is determined that:
(a) The discharge would not be for reasons that constitute
misconduct connected with the work;
(b) The individual voluntarily left work without good cause
prior to the date of the impending discharge; and
(c) The voluntary leaving of work occurred no more than 15 days
prior to the date of the impending discharge,
then the separation from work shall be adjudicated as if the
voluntary leaving had not occurred and the discharge had
occurred. However, the individual shall be ineligible for
benefits for the period including the week in which the voluntary
leaving occurred through the week prior to the week in which the
individual would have been discharged.
(8) For purposes of applying subsection (2) of this section,
when an individual has notified an employer that the individual
will leave work on a specific date and it is determined that:
(a) The voluntary leaving would be for reasons that do not
constitute good cause;
(b) The employer discharged the individual, but not for
misconduct connected with work, prior to the date of the planned
voluntary leaving; and
(c) The actual discharge occurred no more than 15 days prior to
the planned voluntary leaving,
then the separation from work shall be adjudicated as if the
discharge had not occurred and the planned voluntary leaving had
occurred. However, the individual shall be eligible for benefits
for the period including the week in which the actual discharge
occurred through the week prior to the week of the planned
voluntary leaving date.
(9)(a) For the purposes of subsection (2) of this section, an
individual is considered to have committed a disqualifying act
when the individual:
(A) Fails to comply with the terms and conditions of a
reasonable written policy established by the employer or through
collective bargaining, which may include blanket, random,
periodic and probable cause testing, that governs the use, sale,
possession or effects of drugs or alcohol in the workplace;
(B) Fails or refuses to take a drug or alcohol test as required
by the employer's reasonable written policy;
(C) Refuses to cooperate with or subverts or attempts to
subvert a drug or alcohol testing process in any
employment-related test required by the employer's reasonable
written policy, including but not limited to:
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(i) Refusal or failure to complete proper documentation that
authorizes the test;
(ii) Refusal or failure to sign a chain of custody form;
(iii) Presentation of false identification;
(iv) Placement of an adulterant in the individual's specimen
for testing, when the adulterant is identified by a testing
facility; or
(v) Interference with the accuracy of the test results by
conduct that includes dilution or adulteration of a test
specimen;
(D) Is under the influence of intoxicants while performing
services for the employer;
(E) Possesses a drug unlawfully or in violation of the
employer's reasonable written policy during work;
(F) Tests positive for alcohol or an unlawful drug in
connection with employment; or
(G) Refuses to enter into or violates the terms of a last
chance agreement with the employer.
(b)(A) Except as provided in subparagraph (B) of this
paragraph, an individual is not considered to have committed a
disqualifying act under this subsection if the individual, on the
date of separation or within 10 days after the date of
separation, is participating in a recognized drug or alcohol
rehabilitation program and provides documentation of
participation in the program to the department.
(B) This paragraph does not apply to an individual who has
refused to enter into or has violated the terms of a last chance
agreement with the employer.
(c) It is no defense or excuse under this section that the
individual's separation resulted from alcohol use, marijuana use,
unlawful drug use, alcoholism or drug addiction.
(d) The department shall adopt rules to carry out the
provisions of this subsection.
(10) For the purposes of subsection (2) of this section, an
individual is considered to have committed a disqualifying act
when the individual voluntarily leaves work, fails to apply for
available suitable work when referred by the employment office or
the director or fails to accept suitable work when offered:
(a) Because the employer has or introduces a reasonable written
drug-free workplace policy that is consistent with subsection
(9)(a)(A) of this section;
(b) Because the employer requires the employee to consent to
present or future drug or alcohol tests under a reasonable
written policy that is consistent with subsection (9)(a)(A) of
this section;
(c) To avoid taking a drug or alcohol test under a reasonable
written policy that is consistent with subsection (9)(a)(A) of
this section; or
(d) To avoid meeting the requirements of a last chance
agreement.
(11) An individual may not be disqualified from receiving
benefits under subsection (2)(c) of this section and shall be
deemed laid off if the individual:
(a) Works under a collective bargaining agreement;
(b) Elects to be laid off when the employer has decided to lay
off employees; and
(c) Is placed on the referral list under the collective
bargaining agreement.
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(12) An individual may not be disqualified from receiving
benefits under subsection (2)(c), (d) or (e) of this section or
be considered unavailable for purposes of ORS 657.155 if:
(a) The individual { + or a member of the individual's
immediate family + } is a victim { - , or is the parent or
guardian of a minor child who is a victim, - } of domestic
violence, stalking or sexual assault { - ; - } { + , or the
individual believes that the individual or a member of the
individual's immediate family could become a victim of domestic
violence, stalking or sexual assault; and + }
(b) The individual leaves work, fails to apply for available
suitable work or fails to accept suitable work when offered
{ + in order + } to protect the individual or { - the minor
child - } { + a member of the individual's immediate family + }
from { - further - } domestic violence, stalking or sexual
assault that the individual reasonably believes will occur
{ - at the workplace or elsewhere; and - } { + as a result of
the individual's continued employment or acceptance of work. + }
{ - (c) The individual pursues reasonable available
alternatives to leaving work, failing to apply for available
suitable work or failing to accept suitable work when
offered. - }
(13) For purposes of this section:
(a) 'Adulterant' means a substance that does not occur
naturally in urine, or that occurs naturally in urine but not at
the concentrations detected. 'Adulterant' includes but is not
limited to glutaraldehyde, nitrite concentrations above
physiological levels, hypochlorite or soap.
(b) 'Drug' means a controlled substance as defined in ORS
475.005.
(c) 'Last chance agreement' means a reasonable agreement:
(A) Between an employer and an employee who has violated the
employer's reasonable written policy, has engaged in drug or
alcohol use connected with work or has admitted to alcohol abuse,
marijuana use or unlawful drug use; and
(B) That permits the employee to return to work under
conditions that may require the employee to:
(i) Abstain from alcohol use, marijuana use and unlawful drug
use; and
(ii) Attend and comply with the requirements of a
rehabilitation or education program acceptable to the employer.
(d) An individual is 'under the influence of intoxicants ' when
the level of alcohol, marijuana or unlawful drugs present in the
individual's body exceeds the amount prescribed in a collective
bargaining agreement, or the amount prescribed in the employer's
reasonable written policy if there is no applicable collective
bargaining agreement provision.
SECTION 4. ORS 657.265 is amended to read:
657.265. 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. 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
until the Employment Department has notified { - those - }
{ + all + } of the claimant's former employing units
{ - which - } { + that + }, in the aggregate, have paid or
Enrolled House Bill 2203 (HB 2203-B) Page 5
will pay the claimant remuneration { + from qualifying
employment, as described in ORS 657.176, + } in an amount
{ - which - } { + that + } is equal to or exceeds four times
the claimant's weekly benefit amount.
SECTION 5. ORS 657.321 is amended to read:
657.321. As used in ORS 657.321 to 657.329 unless the context
requires otherwise:
(1) 'Eligibility period' of an individual means the period
consisting of { + :
(a) + } The weeks in the individual's benefit year that begin
in an extended benefit period and { - , if the benefit year ends
within such extended benefit period, - } any { + subsequent + }
weeks { - thereafter - } that begin in { - such - } { + the
extended benefit + } period { - . - } { + ; or
(b) Any week that begins:
(A) After the date the individual exhausts all rights to
Emergency Unemployment Compensation; and
(B) During an extended benefit period that began on or before
the date described in subparagraph (A) of this paragraph. + }
(2) 'Exhaustee' means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(a) Has received prior to such week, all of the regular
benefits that were available to the individual under this chapter
or any other state law (including dependents' allowances and
benefits payable to federal civilian employees and ex-servicemen
under 5 U.S.C. chapter 85) in the current benefit year that
includes such week (provided that an individual shall be deemed
to have received all of the regular benefits that were available
to the individual, although as a result of a pending appeal with
respect to wages or employment that were not considered in the
original monetary determination in the current benefit year, the
individual may subsequently be determined to be entitled to added
regular benefits); or
(b)(A) The individual's benefit year having expired prior to
such week, has no, or insufficient, wages and employment to
establish a new benefit year that would include such week;
(B) Has no right to unemployment benefits or allowances under
the Railroad Unemployment Insurance Act and such other federal
laws as are specified in regulations issued by the United States
Secretary of Labor; and
(C) Has not received and is not seeking, or the appropriate
agency has finally determined that the individual is not entitled
to receive, unemployment benefits under the unemployment
compensation law of Canada.
(3)(a) 'Extended benefit period' means a period that:
(A) Begins with the third week after a week for which there is
a state 'on' indicator; and
(B) Ends with the third week after the first week for which
there is a state 'off' indicator or the 13th consecutive week of
such period, whichever occurs later.
(b) Notwithstanding the provisions of paragraph (a) of this
subsection, no extended benefit period may begin by reason of a
state 'on' indicator before the 14th week following the end of a
prior extended benefit period that was in effect with respect to
this state.
(c) There is a state 'on' indicator for any week for which the
Director of the Employment Department determines in accordance
with regulations of the United States Secretary of Labor that for
the period consisting of such week and the immediately preceding
Enrolled House Bill 2203 (HB 2203-B) Page 6
12 weeks, the rate of insured unemployment (not seasonally
adjusted):
(A) Equaled or exceeded five percent and equaled or exceeded
120 percent of the average of such rates for the corresponding
13-week periods ending in each of the preceding two calendar
years;
(B) Equaled or exceeded six percent; or
(C) With respect to benefits for weeks of unemployment
beginning after March 6, 1993:
(i) The average rate of total unemployment (seasonally
adjusted), as determined by the United States Secretary of Labor,
for the period consisting of the most recent three months for
which data for all states are published before the close of such
week equals or exceeds 6.5 percent; and
(ii) The average rate of total unemployment in the state
(seasonally adjusted), as determined by the United States
Secretary of Labor, for the three-month period referred to in
sub-subparagraph (i) of this subparagraph, equals or exceeds 110
percent of such average for either or both of the corresponding
three-month periods ending in the two preceding calendar years.
(d) There is a state 'off' indicator for any week for which the
director determines in accordance with regulations of the United
States Secretary of Labor that for the period consisting of such
week and the immediately preceding 12 weeks, none of the options
specified in subsection (3)(c) of this section results in an 'on'
indicator.
(4) 'Extended benefits' means benefits (including benefits
payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. chapter 85) payable to an individual under
the provisions of this chapter for weeks of unemployment in the
individual's eligibility period.
(5) 'High unemployment period' means any period during which an
extended benefit period would be in effect if subsection
(3)(c)(C)(i) of this section were applied by substituting 'eight
percent' for '6.5 percent. '
(6) 'Rate of insured unemployment,' for the purpose of
subsection (3)(c) and (d) of this section, means the percentage
derived by dividing:
(a) The average weekly number of regular continued weeks of
unemployment claimed by individuals in this state with respect to
the most recent 13-consecutive-week period, as determined by the
director on the basis of reports to the United States Secretary
of Labor, by
(b) The average monthly employment covered under this chapter
for the first four of the most recent six completed calendar
quarters before the end of such 13-week period.
(7) 'Regular benefits' means benefits payable to an individual
under this chapter or under any other state law (including
benefits payable to federal civilian employees and to
ex-servicemen pursuant to 5 U.S.C. chapter 85) other than
extended benefits.
(8) 'State law' means the unemployment insurance law of any
state, approved by the United States Secretary of Labor under
section 3304 of the Internal Revenue Code.
SECTION 6. ORS 657.321, as amended by section 5 of this 2009
Act, is amended to read:
657.321. As used in ORS 657.321 to 657.329 unless the context
requires otherwise:
(1) 'Eligibility period' of an individual means the period
consisting of:
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(a) The weeks in the individual's benefit year that begin in an
extended benefit period and any subsequent weeks that begin in
the extended benefit period; or
(b) Any week that begins:
(A) After the date the individual exhausts all rights to
Emergency Unemployment Compensation; and
(B) During an extended benefit period that began on or before
the date described in subparagraph (A) of this paragraph { + ,
provided the individual received extended benefits for one or
more weeks of unemployment during the period from February 22,
2009, through December 26, 2009 + }.
(2) 'Exhaustee' means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(a) Has received prior to such week, all of the regular
benefits that were available to the individual under this chapter
or any other state law (including dependents' allowances and
benefits payable to federal civilian employees and ex-servicemen
under 5 U.S.C. chapter 85) in the current benefit year that
includes such week (provided that an individual shall be deemed
to have received all of the regular benefits that were available
to the individual, although as a result of a pending appeal with
respect to wages or employment that were not considered in the
original monetary determination in the current benefit year, the
individual may subsequently be determined to be entitled to added
regular benefits); or
(b)(A) The individual's benefit year having expired prior to
such week, has no, or insufficient, wages and employment to
establish a new benefit year that would include such week;
(B) Has no right to unemployment benefits or allowances under
the Railroad Unemployment Insurance Act and such other federal
laws as are specified in regulations issued by the United States
Secretary of Labor; and
(C) Has not received and is not seeking, or the appropriate
agency has finally determined that the individual is not entitled
to receive, unemployment benefits under the unemployment
compensation law of Canada.
(3)(a) 'Extended benefit period' means a period that:
(A) Begins with the third week after a week for which there is
a state 'on' indicator; and
(B) Ends with the third week after the first week for which
there is a state 'off' indicator or the 13th consecutive week of
such period, whichever occurs later.
(b) Notwithstanding the provisions of paragraph (a) of this
subsection, no extended benefit period may begin by reason of a
state 'on' indicator before the 14th week following the end of a
prior extended benefit period that was in effect with respect to
this state.
(c) There is a state 'on' indicator for any week for which the
Director of the Employment Department determines in accordance
with regulations of the United States Secretary of Labor that for
the period consisting of such week and the immediately preceding
12 weeks, the rate of insured unemployment (not seasonally
adjusted):
(A) Equaled or exceeded five percent and equaled or exceeded
120 percent of the average of such rates for the corresponding
13-week periods ending in each of the preceding two calendar
years;
(B) Equaled or exceeded six percent; or
(C) With respect to benefits for weeks of unemployment
beginning after March 6, 1993:
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(i) The average rate of total unemployment (seasonally
adjusted), as determined by the United States Secretary of Labor,
for the period consisting of the most recent three months for
which data for all states are published before the close of such
week equals or exceeds 6.5 percent; and
(ii) The average rate of total unemployment in the state
(seasonally adjusted), as determined by the United States
Secretary of Labor, for the three-month period referred to in
sub-subparagraph (i) of this subparagraph, equals or exceeds 110
percent of such average for either or both of the corresponding
three-month periods ending in the two preceding calendar years.
(d) There is a state 'off' indicator for any week for which the
director determines in accordance with regulations of the United
States Secretary of Labor that for the period consisting of such
week and the immediately preceding 12 weeks, none of the options
specified in subsection (3)(c) of this section results in an 'on'
indicator.
(4) 'Extended benefits' means benefits (including benefits
payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. chapter 85) payable to an individual under
the provisions of this chapter for weeks of unemployment in the
individual's eligibility period.
(5) 'High unemployment period' means any period during which an
extended benefit period would be in effect if subsection
(3)(c)(C)(i) of this section were applied by substituting 'eight
percent' for '6.5 percent. '
(6) 'Rate of insured unemployment,' for the purpose of
subsection (3)(c) and (d) of this section, means the percentage
derived by dividing:
(a) The average weekly number of regular continued weeks of
unemployment claimed by individuals in this state with respect to
the most recent 13-consecutive-week period, as determined by the
director on the basis of reports to the United States Secretary
of Labor, by
(b) The average monthly employment covered under this chapter
for the first four of the most recent six completed calendar
quarters before the end of such 13-week period.
(7) 'Regular benefits' means benefits payable to an individual
under this chapter or under any other state law (including
benefits payable to federal civilian employees and to
ex-servicemen pursuant to 5 U.S.C. chapter 85) other than
extended benefits.
(8) 'State law' means the unemployment insurance law of any
state, approved by the United States Secretary of Labor under
section 3304 of the Internal Revenue Code.
SECTION 7. ORS 657.321, as amended by sections 5 and 6 of this
2009 Act, is amended to read:
657.321. As used in ORS 657.321 to 657.329 unless the context
requires otherwise:
(1) 'Eligibility period' of an individual means the period
consisting of { - : - }
{ - (a) - } the weeks in the individual's benefit year that
begin in an extended benefit period and { + , if the benefit year
ends within the extended benefit period, + } any subsequent weeks
that begin in the extended benefit period { - ; or - }
{ - (b) Any week that begins: - }
{ - (A) After the date the individual exhausts all rights to
Emergency Unemployment Compensation; and - }
{ - (B) During an extended benefit period that began on or
before the date described in subparagraph (A) of this paragraph,
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provided the individual received extended benefits for one or
more weeks of unemployment during the period from February 22,
2009, through December 26, 2009 - } .
(2) 'Exhaustee' means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(a) Has received prior to such week, all of the regular
benefits that were available to the individual under this chapter
or any other state law (including dependents' allowances and
benefits payable to federal civilian employees and ex-servicemen
under 5 U.S.C. chapter 85) in the current benefit year that
includes such week (provided that an individual shall be deemed
to have received all of the regular benefits that were available
to the individual, although as a result of a pending appeal with
respect to wages or employment that were not considered in the
original monetary determination in the current benefit year, the
individual may subsequently be determined to be entitled to added
regular benefits); or
(b)(A) The individual's benefit year having expired prior to
such week, has no, or insufficient, wages and employment to
establish a new benefit year that would include such week;
(B) Has no right to unemployment benefits or allowances under
the Railroad Unemployment Insurance Act and such other federal
laws as are specified in regulations issued by the United States
Secretary of Labor; and
(C) Has not received and is not seeking, or the appropriate
agency has finally determined that the individual is not entitled
to receive, unemployment benefits under the unemployment
compensation law of Canada.
(3)(a) 'Extended benefit period' means a period that:
(A) Begins with the third week after a week for which there is
a state 'on' indicator; and
(B) Ends with the third week after the first week for which
there is a state 'off' indicator or the 13th consecutive week of
such period, whichever occurs later.
(b) Notwithstanding the provisions of paragraph (a) of this
subsection, no extended benefit period may begin by reason of a
state 'on' indicator before the 14th week following the end of a
prior extended benefit period that was in effect with respect to
this state.
(c) There is a state 'on' indicator for any week for which the
Director of the Employment Department determines in accordance
with regulations of the United States Secretary of Labor that for
the period consisting of such week and the immediately preceding
12 weeks, the rate of insured unemployment (not seasonally
adjusted):
(A) Equaled or exceeded five percent and equaled or exceeded
120 percent of the average of such rates for the corresponding
13-week periods ending in each of the preceding two calendar
years;
(B) Equaled or exceeded six percent; or
(C) With respect to benefits for weeks of unemployment
beginning after March 6, 1993:
(i) The average rate of total unemployment (seasonally
adjusted), as determined by the United States Secretary of Labor,
for the period consisting of the most recent three months for
which data for all states are published before the close of such
week equals or exceeds 6.5 percent; and
(ii) The average rate of total unemployment in the state
(seasonally adjusted), as determined by the United States
Secretary of Labor, for the three-month period referred to in
Enrolled House Bill 2203 (HB 2203-B) Page 10
sub-subparagraph (i) of this subparagraph, equals or exceeds 110
percent of such average for either or both of the corresponding
three-month periods ending in the two preceding calendar years.
(d) There is a state 'off' indicator for any week for which the
director determines in accordance with regulations of the United
States Secretary of Labor that for the period consisting of such
week and the immediately preceding 12 weeks, none of the options
specified in subsection (3)(c) of this section results in an 'on'
indicator.
(4) 'Extended benefits' means benefits (including benefits
payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. chapter 85) payable to an individual under
the provisions of this chapter for weeks of unemployment in the
individual's eligibility period.
(5) 'High unemployment period' means any period during which an
extended benefit period would be in effect if subsection
(3)(c)(C)(i) of this section were applied by substituting 'eight
percent' for '6.5 percent. '
(6) 'Rate of insured unemployment,' for the purpose of
subsection (3)(c) and (d) of this section, means the percentage
derived by dividing:
(a) The average weekly number of regular continued weeks of
unemployment claimed by individuals in this state with respect to
the most recent 13-consecutive-week period, as determined by the
director on the basis of reports to the United States Secretary
of Labor, by
(b) The average monthly employment covered under this chapter
for the first four of the most recent six completed calendar
quarters before the end of such 13-week period.
(7) 'Regular benefits' means benefits payable to an individual
under this chapter or under any other state law (including
benefits payable to federal civilian employees and to
ex-servicemen pursuant to 5 U.S.C. chapter 85) other than
extended benefits.
(8) 'State law' means the unemployment insurance law of any
state, approved by the United States Secretary of Labor under
section 3304 of the Internal Revenue Code.
SECTION 8. ORS 657.335 is amended to read:
657.335. As used in ORS 657.335 to 657.360:
(1) 'Eligible dislocated workers' means individuals who { +
are not disqualified from benefits under ORS 657.176 and who + }:
(a) Have been terminated or laid off or who have received a
notice of termination or layoff, are eligible for or have
exhausted their entitlement to unemployment compensation and are
unlikely to return to their previous industry or occupation;
(b) Have been terminated or have received a notice of
termination of employment, as a result of any permanent closure
of or any substantial layoff at a plant, facility or enterprise;
(c) Are long term unemployed and have limited opportunities for
employment or reemployment in the same or a similar occupation in
the area in which such individuals reside, including older
individuals who may have substantial barriers to employment by
reason of age;
(d) Were self-employed, including farmers and ranchers, and are
unemployed as a result of general economic conditions in the
community in which they reside or because of natural disasters;
{ - or - }
(e) Returned to service in the Oregon National Guard or the
military reserve forces of the United States following active
duty service { - as set forth in ORS 657.340 (3)(d) - } { + ;
Enrolled House Bill 2203 (HB 2203-B) Page 11
(f) Have separated from a declining industry; or
(g) Have been involuntarily and indefinitely separated from
employment as a result of a permanent reduction of operations at
their place of employment + }.
(2) 'Professional technical training' means professional and
technical training or retraining and basic education, including
literacy skills, designed to prepare individuals for gainful
employment in recognized or new occupations or to prepare
individuals to become self-employed. The term does not include
programs of instruction for an individual (including transfer
credit programs of instruction given at community colleges) which
are primarily intended to lead toward a baccalaureate or higher
degree or training that has for its purpose the preparation of
individuals for employment in occupations which require a
baccalaureate or higher degree from institutions of higher
education unless approved by the Director of the Employment
Department.
SECTION 9. ORS 657.340 is amended to read:
657.340. (1) Dislocated workers approved for professional
technical training may not be denied unemployment insurance
benefits solely because they are attending professional technical
training, nor shall such individual be denied benefits by reason
of leaving work to enter such training if the work left was
part-time or temporary or paid less than 80 percent of the
individual's average weekly wage during the base year.
(2) Notwithstanding provisions of this chapter relating to
availability for work, actively seeking work or refusal to accept
suitable work, dislocated workers approved for professional
technical training and otherwise eligible for benefits are not
ineligible for such benefits or waiting week credit because of
attendance in professional technical training.
(3)(a) Eligible dislocated workers who file valid unemployment
compensation claims, upon exhaustion of regular benefits, are
eligible { - , subject to the availability of funds, - } for
supplemental benefits from 1 to 26 times the individual's most
recent weekly benefit amount based upon the amount needed to
continue or complete approved professional technical training.
(b) Supplemental benefits shall be paid under the same terms
and conditions as regular benefits under this chapter, except
that the Director of the Employment Department may extend the
benefit year of an individual attending an approved professional
technical training program a sufficient number of weeks to allow
the individual to complete the training program.
(c) Supplemental benefits { - under ORS 657.335 to
657.360 - } may be paid only when the eligible dislocated worker
is not eligible to receive extended benefits as provided in ORS
657.321 to 657.329 or additional benefits as provided in ORS
657.331 to 657.334.
{ - (d) Supplemental benefits may be paid only to eligible
dislocated workers whose unemployment, as determined by the
director: - }
{ - (A) Is substantially due to the lack of employment
opportunities in the workers' local labor market resulting
from: - }
{ - (i) High energy costs; - }
{ - (ii) Extended drought conditions and the attendant
economic conditions; - }
{ - (iii) Secondary effects of foreign trade; or - }
{ - (iv) A shift of production to another state or territory
of the United States; or - }
Enrolled House Bill 2203 (HB 2203-B) Page 12
{ - (B) Resulted from the workers' return to service in the
Oregon National Guard or military reserve forces of the United
States following a change in status from serving under Title 32
to serving under Title 10 of the United States Code at a time
designated by the President of the United States by executive
order as a period of combatant activities. - }
(4) The receipt of supplemental benefits is conditioned upon
the individual's demonstrating satisfactory progress and
attendance in professional technical training.
SECTION 10. { + (1) The amendments to ORS 657.176 and 657.265
by sections 3 and 4 of this 2009 Act apply to claims for benefits
filed on or after the effective date of this 2009 Act.
(2) The amendments to ORS 657.321 by section 5 of this 2009 Act
apply to weeks, as defined in ORS 657.010 (15), beginning on or
after February 22, 2009, and ending on or before December 26,
2009.
(3) The amendments to ORS 657.321 by section 6 of this 2009 Act
apply to weeks, as defined in ORS 657.010 (15), beginning on or
after December 27, 2009, and ending on or before May 29, 2010.
(4) The amendments to ORS 657.321 by section 7 of this 2009 Act
apply to weeks, as defined in ORS 657.010 (15), beginning on or
after May 30, 2010. + }
SECTION 11. { + ORS 657.337 and 657.342 are repealed. + }
SECTION 12. { + Notwithstanding section 24, chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2109) (amending ORS
657.337), if House Bill 2109 becomes law, ORS 657.337 is repealed
by section 11 of this 2009 Act. + }
SECTION 13. { + 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
its passage. + }
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Passed by House March 9, 2009
Repassed by House May 15, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 13, 2009
...........................................................
President of Senate
Enrolled House Bill 2203 (HB 2203-B) Page 13
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2203 (HB 2203-B) Page 14