Chapter 416 Oregon Laws 1999

Session Law

AN ACT

HB 2698

Relating to unemployment insurance charges; creating new provisions; and amending ORS 657.471.

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

SECTION 1. ORS 657.471 is amended to read:

657.471. (1) Subject to the provisions of subsections (2) to (7), (10) and (11) of this section, benefits paid to an eligible individual shall be charged to each of the individual's employers during the base year in the same proportion that the wages paid by each employer to the individual during the base year bear to the wages paid by all employers to that individual during that year.

(2) With the exception of a political subdivision electing to pay taxes pursuant to ORS 657.509, an employer's account shall not be charged with benefits paid an unemployed individual in excess of one-third of the base year wages paid that individual while in the employ of such employer.

(3) Benefits paid to an individual for unemployment immediately after the expiration of a period of disqualification for having left work of an employer voluntarily without good cause shall not be charged to that employer.

(4) Benefits paid to an individual for unemployment immediately after the expiration of a period of disqualification for having been discharged by an employer for misconduct shall not be charged to that employer.

(5) Benefits paid without any disqualification to an individual [who has left work of an employer voluntarily for good cause not attributable to the employer] shall not be charged to [that] an employer of the individual for the immediate period of unemployment when:

(a) The individual left work of the employer voluntarily for good cause not attributable to the employer; or

(b) The employer discharged the individual because the individual was unable to satisfy a job prerequisite required by law or administrative rule.

(6) If it is determined under the provisions of subsection (3), (4) or (5) of this section that benefits paid to an individual shall not be charged to an employer, such employer's account shall not be charged for any benefits paid for any subsequent period or periods of unemployment during that individual's affected benefit year or during any benefit year beginning within 52 weeks subsequent to the affected benefit year.

(7) If a base-year employer, not otherwise eligible for relief of charges for benefits under this section, receives notification of an initial valid determination of a claim filed by an individual who:

(a) Left work of such employer voluntarily and not attributable to the employer, such employer may request relief of charges within 30 days of the date the notice provided for in ORS 657.266 is mailed or delivered to the employer. The request must advise the Director of the Employment Department in writing the date of such leaving and that such leaving was voluntary and not attributable to the employer and the reason therefor. Upon receipt of such notice from the employer the director shall investigate the separation and if the resulting determination, which shall be made by the director, establishes that the leaving was voluntary and not attributable to the employer, that employer's account shall not be charged with benefits during that individual's benefit year. If the individual was reemployed by such employer prior to the filing of the initial valid claim, the employer shall not receive relief of the employer's account under this subsection; or

(b) Was disqualified for the individual's most recent separation from such employer by the director's decision [which] that found the individual has been discharged for misconduct connected with the work, that employer may request relief of charges within 30 days of the date the notice provided for in ORS 657.266 is mailed or delivered to the employer. Upon receipt of such request from the employer, the director shall examine department records and if the requirements of this subsection have been met shall grant the relief of charges to that employer for benefits paid to the individual during the benefit year.

(8) The determination of the director under subsections (7)(a) and (11) of this section shall be final in all cases unless an application for hearing is filed within 20 days after delivery of such decision, or, if mailed, within 20 days after the same was mailed to the employer's last-known address. When a request for hearing has been timely filed, the director shall designate a referee to conduct a hearing. After the referee has afforded all parties an opportunity for a fair hearing, the referee shall affirm or reverse the decision and promptly notify all parties entitled to notice of the decision and the reasons therefor. Decisions of the referee under this subsection become final and may be judicially reviewed as provided in ORS 657.684 to the extent applicable.

(9) If the director finds that an employer or any employee, officer or agent of an employer, in submitting facts [pursuant to] under subsection (7) or (8) of this section, willfully makes a false statement or representation or willfully fails to report a material fact concerning the termination of an individual's employment, the director shall make a determination thereon charging the employer's reserve account not less than two nor more than 10 times the weekly benefit amount of the claimant or claimants, as the case may be. The director shall give notice to the employer of the determination under this subsection and such decision of the director shall become final unless an application for hearing is filed in accordance with subsection (8) of this section.

(10) Benefits paid to an individual shall not be charged to a base-year employer if:

(a) The employer furnished part-time work to the individual during the base year;

(b) The individual has become eligible for benefits because of loss of employment with one or more other employers;

(c) The employer has continued to furnish part-time work to the individual in substantially the same amount as during the individual's base year; and

(d) The employer requests relief of charges within 30 days of the date the notice provided for in ORS 657.266 is mailed or delivered to the employer.

(11) If a base-year employer, not otherwise eligible for relief of charges, responds in writing within 10 days to the notice of claim filing provided pursuant to ORS 657.265 stating that the individual was discharged for misconduct connected with the work and stating the reason for the discharge, the director shall:

(a) Investigate the separation if the individual claims benefits for a week within that benefit year after the effective date of the notice; and

(b) Relieve the employer's account for any benefits claimed by the individual during the remainder of that benefit year, provided that:

(A) The individual was not reemployed by the employer prior to claiming a week of benefits during the benefit year; and

(B) The director determines that the individual was discharged for misconduct connected with the work.

SECTION 2. The amendments to ORS 657.471 by section 1 of this 1999 Act apply only to unemployment benefits resulting from discharges from employment occurring on or after the effective date of this 1999 Act.

Approved by the Governor June 29, 1999

Filed in the office of Secretary of State June 30, 1999

Effective date October 23, 1999

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