(2)(a) To qualify for benefits an individual must have:
(A) Worked in subject employment in the base year with total base year wages of $1,000 or more and have total base year wages equal to or in excess of one and one-half times the wages in the highest quarter of the base year; and
(B) Have earned wages in subject employment equal to six times the individual’s weekly benefit amount in employment for service performed subsequent to the beginning of a preceding benefit year if benefits were paid to the individual for any week in the preceding benefit year.
(b) If the individual does not meet the requirements of paragraph (a)(A) of this subsection, the individual may qualify for benefits if the individual has worked a minimum of 500 hours in employment subject to this chapter during the base year.
(3) If the wages paid to an individual are not based upon a fixed period of time or if wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, for the purposes of subsections (2) to (5) of this section, the individual’s wages shall be allocated in accordance with rules prescribed by the Director of the Employment Department. Such rules shall, insofar as possible, produce results the same as those that would exist if the individual had been paid wages at regular intervals. The director may adopt rules to attribute hours of work to an individual if the individual is not paid on an hourly basis or if the employer does not report the number of hours worked.
(4)(a) An eligible individual’s weekly benefit amount shall be 1.25 percent of the total wages paid in the individual’s base year. However, such amount shall not be less than the minimum, nor more than the maximum weekly benefit amount.
(b) The minimum weekly benefit amount shall be 15 percent (0.1500) of the state average weekly covered wage for the preceding calendar year, effective for any benefit year commencing on and after the week that includes July 4, 1975, and the week that includes each July 4 thereafter.
(c) The maximum weekly benefit amount shall be:
(A) Fifty-five percent (0.5500) of the state average weekly covered wage for calendar year 1979, effective for any benefit year commencing with and after the week that includes July 4, 1980, and through any benefit year commencing with the week that includes June 27, 1981.
(B) Fifty-five percent (0.5500) of the state average weekly covered wage for calendar year 1980, effective for any benefit year commencing with and after the week that includes July 4, 1981, through any benefit year commencing with the week that includes September 27, 1981.
(C) Fifty-eight percent (0.5800) of the state average weekly covered wage for calendar year 1980, effective for any benefit year commencing with and after the week that includes October 4, 1981, through any benefit year commencing with the week that includes June 27, 1982.
(D) Sixty percent (0.6000) of the state average weekly covered wage for calendar year 1981, effective for any benefit year commencing with and after the week that includes July 4, 1982, through any benefit year commencing with the week that includes June 27, 1983.
(E) Sixty-four percent (0.6400) of the state average covered weekly wage for the preceding calendar year, effective for any benefit year commencing with and after the week that includes July 4, 1983, and the week that includes each July 4 thereafter.
(d) All weekly benefit amounts, if not a multiple of $1, shall be computed to the next lower multiple of $1.
(e) For the purposes of this subsection, the state average weekly covered wage means an amount determined by the Employment Department by dividing the total wages paid by subject employers during the year by 52 times the average monthly employment reported by subject employers for the year.
(5) Benefits paid to an eligible individual in a benefit year shall not exceed 26 times the individual’s weekly benefit amount, or one-third of the base year’s wages paid, whichever is the lesser. If such amount is not a multiple of $1, it shall be computed to the next lower multiple of $1.
(6) An eligible unemployed individual who has employment in any week shall have the individual’s weekly benefit amount reduced, but not below zero, by the amount of earnings paid or payable that exceeds the greater of:
(a) Ten times the minimum hourly wage established by the laws of this state; or
(b) One-third of the individual’s weekly benefit amount.
(7) Payment that has been, is or will be paid to an individual for a holiday or vacation shall be considered as earnings in the determination of the amount of benefits payable with respect to the week in which the holiday or vacation falls in the same manner as provided in subsection (6) of this section. However, if payment for the holiday or vacation is paid more than 45 days prior to the holiday or vacation or is delayed more than 45 days following the end of the week in which the holiday or vacation falls, the provisions of this section do not apply and previously reduced benefits shall be adjusted accordingly.
(8) Payment that has been or is paid to an individual as back pay shall be considered as earnings in the determination of the amount of benefits payable with respect to the period for which the back pay has been or is paid.
(9) Payment that has been, or will be, made to an individual as a member of a reserve component of the Armed Forces of the United States, including the organized militia of the State of Oregon, for the performance of inactive duty training shall not be considered as earnings in the determination of the amount of benefits payable. [1955 c.655 §15; 1957 c.699 §1; 1959 c.567 §1; 1961 c.211 §1; 1963 c.441 §1; 1967 c.434 §1; 1969 c.569 §1; 1971 c.463 §13; 1971 c.521 §1; 1973 c.146 §1; 1973 c.535 §1; 1975 c.661 §2; 1977 c.670 §1; 1981 c.77 §10; 1981 c.751 §1; 1983 c.51 §1; 1987 c.257 §1; 1989 c.897 §1; 1995 c.104 §1; 1995 c.105 §4; 1995 c.153 §1; 2020 s.s.2 c.1 §§1,3; 2021 c.388 §§5,6]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 657 - Unemployment Insurance
Section 657.010 - Definitions.
Section 657.020 - Employing unit.
Section 657.030 - Employment generally; educational, hospital, nursing, student service exclusions.
Section 657.035 - Employment; effect of place of performance of service.
Section 657.040 - Employment; when service for pay excluded; independent contractors.
Section 657.043 - Employment; golf course caddy service excluded; exceptions.
Section 657.045 - Employment; agricultural labor excluded; exceptions.
Section 657.053 - Employment; certain service on fishing boat excluded.
Section 657.056 - Employment; maritime service.
Section 657.060 - Employment; family service and foster care excluded.
Section 657.065 - Employment; governmental service excluded; exceptions.
Section 657.080 - Employment; news delivery service excluded.
Section 657.088 - Employment; certain sports officiating services excluded; exceptions.
Section 657.092 - Employment; nonprofit organization employees and contestants excluded.
Section 657.093 - Employment; certain services provided in exchange for ski passes excluded.
Section 657.100 - Unemployment; rules.
Section 657.105 - Wages; generally.
Section 657.115 - Wages; exclusion of fringe benefits.
Section 657.117 - Wages; inclusion of federal taxes and tips.
Section 657.130 - Wages; exclusion of payments from certain trusts and annuities.
Section 657.146 - Withholding from benefits for tax purposes; rules.
Section 657.155 - Benefit eligibility conditions; rules.
Section 657.156 - Reemployment service assistance; eligibility; rules.
Section 657.158 - Self-employment assistance; eligibility; amounts payable; rules.
Section 657.165 - Waiting period eligibility, condition, limitation.
Section 657.170 - Extending base year; limitation.
Section 657.173 - Alternate base year; rules.
Section 657.176 - Grounds and procedure for disqualification; exceptions; rules.
Section 657.179 - Eligibility of individuals participating in certain federally approved training.
Section 657.195 - Suitable work; exceptions.
Section 657.200 - Labor dispute disqualification; exceptions.
Section 657.202 - Temporary lockout benefits.
Section 657.205 - Deduction of retirement pay; exceptions.
Section 657.213 - Ineligibility for benefits upon conviction of fraud in obtaining benefits.
Section 657.255 - Method of payment of benefits; payment of benefits due deceased person; rules.
Section 657.262 - Information provided by public employer to employees.
Section 657.267 - Allowing or denying claim; notice of denial; amended decision; appeal.
Section 657.269 - Decision final unless hearing requested.
Section 657.270 - Hearing upon decision; application for review; dismissal of request for hearing.
Section 657.273 - Restriction on use of findings, orders and judgments in other proceedings.
Section 657.275 - Review by Employment Appeals Board.
Section 657.280 - General procedure and records concerning disputed claims.
Section 657.290 - Continuous jurisdiction of director; reconsideration of previous decisions.
Section 657.295 - Witness fees; disputed claim expenses; counsel; fees.
Section 657.300 - False statements or failure to report material fact by employer.
Section 657.320 - Cancellation of unrecoverable benefits.
Section 657.321 - Definitions for ORS 657.321 to 657.329.
Section 657.325 - Extended benefits; eligibility; amount.
Section 657.328 - Eligibility period adopted by rule.
Section 657.331 - "Additional benefits" and "additional benefit period" defined.
Section 657.335 - Definitions for ORS 657.335 to 657.360.
Section 657.340 - Eligibility for benefits.
Section 657.345 - Approval of programs by director.
Section 657.357 - Apprenticeship program participants eligible for benefits; conditions.
Section 657.370 - Definitions for ORS 657.370 to 657.390.
Section 657.375 - Plan applications; approval by director.
Section 657.380 - Eligibility of employees; benefit limitation.
Section 657.392 - Benefits subject to recovery as lien on real or personal property.
Section 657.394 - Filing of lien statement or warrant.
Section 657.415 - When employer ceases to be subject to this chapter.
Section 657.430 - Tax rates based on experience.
Section 657.435 - Base rate for first year.
Section 657.439 - Wage Security Program funding.
Section 657.459 - Computation of Fund Adequacy Percentage Ratio.
Section 657.463 - Tax rate schedules.
Section 657.467 - Amounts included in fund adequacy percentage ratio computations.
Section 657.471 - Manner of charging benefits to employer; request for relief from charges.
Section 657.480 - Effect of transfer of trade or business; partial transfer; penalties; rules.
Section 657.485 - Notice of rate; request for hearing; procedure for redetermination.
Section 657.504 - Applicability of noncharging provisions.
Section 657.505 - Payment of and liability for taxes; rules.
Section 657.507 - Employer’s security for payment of contributions.
Section 657.508 - Failure to comply with ORS 657.507.
Section 657.540 - Lien on property of defaulting employer; recording; priority; foreclosure.
Section 657.542 - Filing liens and warrants with Secretary of State.
Section 657.545 - Release of ORS 657.540 lien by filing security.
Section 657.565 - Unlawful practices of employer.
Section 657.571 - Quarterly or annual tax report; form; filing with Department of Revenue.
Section 657.575 - Repayment of default by nonprofit employing unit; conditions.
Section 657.601 - Employment Department.
Section 657.608 - Director; term; duties; compensation.
Section 657.610 - Director; powers and duties generally; rules.
Section 657.615 - Investigations and recommendations to legislature.
Section 657.625 - Publication of rules, reports and information on Employment Department law.
Section 657.630 - Quasi-judicial powers in administrative hearings.
Section 657.657 - Acquisition of land and offices.
Section 657.660 - Records and reports of employing units.
Section 657.665 - Confidentiality of information.
Section 657.673 - Disclosure of wage information to consumer reporting agency; conditions.
Section 657.676 - Reconsideration of determinations; conditions; rules; hearing and review.
Section 657.682 - Assessments against reorganized business entity.
Section 657.685 - Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules.
Section 657.690 - Employment Appeals Board powers.
Section 657.695 - Employment Department Advisory Council; members; compensation and expenses.
Section 657.702 - Department to encourage volunteering.
Section 657.730 - Workforce and labor market information system; rules.
Section 657.734 - Performance Reporting Information System; rules.
Section 657.749 - Department actions when certain forest maintenance activity jobs listed.
Section 657.755 - Cooperation with federal agencies administering unemployment insurance laws.
Section 657.760 - Reciprocal agreements on coverage and collection of contributions.
Section 657.765 - Reciprocal agreements concerning payroll taxes for out-of-state work.
Section 657.770 - Reciprocal agreements concerning wages used as basis for benefits.
Section 657.775 - Cooperation with other states on reciprocal basis for collection of contributions.
Section 657.783 - Supplemental Employment Department Administration Fund.
Section 657.785 - Agreement for Interstate Reciprocal Overpayment Recovery Arrangement.
Section 657.805 - Unemployment Compensation Trust Fund.
Section 657.810 - Deposit and use of fund.
Section 657.812 - Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury.
Section 657.815 - Unemployment Compensation Benefit Fund.
Section 657.820 - Unemployment Compensation Administration Fund.
Section 657.822 - Employment Department Special Administrative Fund.
Section 657.823 - Employment Tax Guarantee Fund.
Section 657.825 - Expenditure of federal funds; restitution of moneys lost or improperly expended.
Section 657.830 - State Treasurer as custodian of funds.
Section 657.840 - Federal Advance Interest Repayment Fund; assessment of tax; applicability.
Section 657.855 - Benefits not assignable; waiver of rights invalid.
Section 657.870 - When operation of this chapter ceases.
Section 657.880 - Health care coverage for unemployed individuals; deduction of benefits.