75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 26
Senate Bill 990
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Commerce and Workforce Development)
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.
Modifies definition of 'emergency benefit period' to begin on
first week that begins at least 14 days after effective date of
Act and ending when total of Oregon emergency benefits paid
reaches $19 million.
Adjusts maximum Oregon emergency benefits individual may
receive to 23 percent of individual's most recent regular
unemployment benefit claim.
Authorizes Employment Department to adopt rules providing for
eligibility period for purpose of extended benefits if federal
law provides for greater than 50 percent funding of extended
benefits.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to unemployment insurance benefits; creating new
provisions; amending ORS 657.321 and section 10, chapter 115,
Oregon Laws 2009, and sections 8 and 9, chapter 857, Oregon
Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 8, chapter 857, Oregon Laws 2009, is amended
to read:
{ + Sec. 8. + } (1) As used in this section:
(a) 'Emergency benefit period' means a period beginning
{ - October 4, 2009, and ending on January 2, 2010 - } { +
the first week, as defined in ORS 657.010 (15), that begins at
least 14 days after the effective date of this 2010 Act and
ending on the date that the Director of the Employment Department
stops payments of Oregon emergency benefits under section 9,
chapter 857, Oregon Laws 2009 + }.
(b) 'Oregon emergency benefits' means unemployment benefits
totally financed by the state and payable under ORS chapter 657
to individuals described in subsection (2) of this section during
{ - an - } { + the + } emergency benefit period.
(c) 'Regular benefits' has the meaning given that term in ORS
657.321.
(2) During { - an - } { + the + } emergency benefit period,
an individual may receive Oregon emergency benefits in an amount
equal to the weekly benefit amount of the individual's most
recent regular unemployment benefit claim subject to the
provisions of ORS chapter 657 if:
(a) The individual has exhausted regular benefits under ORS
chapter 657;
(b) The individual is not eligible for any other unemployment
benefits, including benefits provided under any federal law
extending benefits beyond those provided for as regular benefits;
(c) The individual's benefit year expired on or after May 1,
2007; and
(d) The individual otherwise continues to meet the eligibility
requirements for regular benefits under ORS chapter 657.
(3) The maximum Oregon emergency benefits an individual may
receive under this section is { - 50 percent - } { + 23
percent + } of the individual's most recent regular Oregon
unemployment benefit claim.
(4) The Employment Department may not charge an employer's
account for benefits paid to an unemployed individual under this
section. However, nothing in this section may be construed to
relieve the state, reimbursing political subdivisions,
reimbursing nonprofit employers or reimbursing Indian tribes from
paying into the Unemployment Compensation Trust Fund an amount
equal to the Oregon emergency benefits paid to an unemployed
individual under this section.
{ - (5) The provisions of this section apply only for weeks
beginning October 4, 2009, and ending January 2, 2010. - }
SECTION 2. Section 9, chapter 857, Oregon Laws 2009, is amended
to read:
{ + Sec. 9. + } Notwithstanding section 8 { - of this 2009
Act - } , { + chapter 857, Oregon Laws 2009, + } the Director of
the Employment Department
{ - may immediately - } { + shall + } stop payments of Oregon
emergency benefits when { - the director determines that - }
the total amount of payments made pursuant to section 8 { - of
this 2009 Act - } { + , chapter 857, Oregon Laws 2009, + } would
exceed { - $30 - } { + $19 + } million if paid for the
succeeding calendar week.
SECTION 3. ORS 657.321, as applicable until May 30, 2010, 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 { + :
(a) + } 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,
provided the individual received extended benefits for one or
more weeks of unemployment during the period from February 22,
2009, through December 26, 2009. - }
{ + (b) A period provided for by rule of the Employment
Department under section 6 of this 2010 Act. + }
(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) { + The rate of insured unemployment (not seasonally
adjusted) + } 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) { + The rate of insured unemployment (not seasonally
adjusted) + } 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 - } { + equaled or exceeded + }
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 - } { + equaled or exceeded + } 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 4. 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 { + :
(a) + } The period consisting of 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) A period provided for by rule of the Employment Department
under section 6 of this 2010 Act + }.
(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) { + The rate of insured unemployment (not seasonally
adjusted) + } 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) { + The rate of insured unemployment (not seasonally
adjusted) + } 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 - } { + equaled or exceeded + }
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 - } { + equaled or exceeded + } 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 5. { + Section 6 of this 2010 Act is added to and made
a part of ORS chapter 657. + }
SECTION 6. { + For purposes of ORS 657.321 to 657.329, the
Employment Department may adopt rules providing for an
eligibility period that begins in an extended benefit period
after an individual's benefit year has ended if federal law
provides for funding that is greater than 50 percent of extended
benefits. + }
SECTION 7. Section 10, chapter 115, Oregon Laws 2009, is
amended to read:
{ + Sec. 10. + } (1) The amendments to ORS 657.176 and
657.265 by sections 3 and 4 { + , chapter 115, Oregon Laws
2009, + } { - of this 2009 Act - } apply to claims for
benefits filed on or after { - the effective date of this 2009
Act - } { + May 21, 2009 + }.
{ - (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) - } { + (2) + } The amendments to ORS 657.321 by
{ - section 6 of this 2009 Act - } { + section 3 of this 2010
Act + } apply to weeks, as defined in ORS 657.010 (15), beginning
{ - on or after December 27, 2009, - } { + at least seven days
after the effective date of this 2010 Act + } and ending on or
before May 29, 2010.
{ - (4) - } { + (3) + } The amendments to ORS 657.321 by
{ - section 7 of this 2009 Act - } { + section 4 of this 2010
Act + } apply to weeks, as defined in ORS 657.010 (15), beginning
on or after May 30, 2010.
SECTION 8. { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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