Chapter 10
Oregon Laws 2011
AN ACT
SB 637
Relating to
extended benefit periods; creating new provisions; amending ORS 657.321; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 657.321, as amended by
section 4, chapter 6, Oregon Laws 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 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, chapter 6, Oregon Laws 2010.
(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:
(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
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, 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[.];
or
(D) With respect to benefits for weeks
of unemployment beginning after the effective date of this 2011 Act, and ending
on or before December 31, 2011, or the date established in federal law
permitting this provision:
(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 any or all of the corresponding three-month periods ending in
the three 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) or (D)(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 2. ORS 657.321, as amended by
section 4, chapter 6, Oregon Laws 2010, and section 1 of this 2011 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:
(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, chapter 6, Oregon Laws 2010.
(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:
(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
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, 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.[;
or]
[(D)
With respect to benefits for weeks of unemployment beginning after the
effective date of this 2011 Act, and ending on or before December 31, 2011, or
the date established in federal law permitting this provision:]
[(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 any or all of the corresponding three-month periods
ending in the three 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) [or (D)(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 3. The amendments to ORS
657.321 by section 2 of this 2011 Act apply to weeks, as defined in ORS
657.010, that begin on or after January 1, 2012.
SECTION 4. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor March 24, 2011
Filed in the
office of Secretary of State March 24, 2011
Effective date
March 24, 2011
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