2021 Oregon Revised Statutes
Chapter 657 - Unemployment Insurance
Section 657.170 - Extending base year; limitation.


(2) If the director finds that during and prior to the individual’s base year the individual has had a period of temporary total disability caused by illness or injury and has received compensation under ORS chapter 656 for a period of temporary total disability during the greater part of any calendar quarter, the individual’s base year shall be extended as many calendar quarters as necessary to establish a valid claim, up to a maximum of four calendar quarters prior to the quarter in which the illness or injury occurred, if the individual:
(a) Files a claim for benefits not later than the fourth calendar week of unemployment following whichever is the latest of the following dates:
(A) The date the individual is released to return to work by the attending physician, as defined in ORS chapter 656, or a nurse practitioner authorized to provide compensable medical services under ORS 656.245; or
(B) The date of mailing of a notice of claim closure pursuant to ORS chapter 656; and
(b) Files such a claim within the three-year period immediately following the commencement of such period of illness or injury.
(3) Notwithstanding the provisions of this section, benefits payable as a result of the use of wages paid in a calendar quarter prior to the individual’s current base year shall not exceed one-third of such wages less benefits paid previously as a result of the use of such wages in computing a previous benefit determination. [Amended by 1953 c.646 §2; 1961 c.208 §1; 1989 c.235 §1; 1995 c.105 §5; 1999 c.313 §14; 2003 c.811 §§19,20; 2005 c.218 §§5,6; 2007 c.365 §10]

Structure 2021 Oregon Revised Statutes

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 657.025 - Employer.

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 657.044 - Employment; service by partners and corporate officers and directors who are family members and by certain sole corporate officers and directors excluded; election; exceptions.

Section 657.045 - Employment; agricultural labor excluded; exceptions.

Section 657.046 - Employment; operation of taxicab or passenger vehicle for nonemergency medical transportation by owner or lessee of vehicle for entity operated by board of owner-operators; exceptions.

Section 657.047 - Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions.

Section 657.050 - Employment; domestic service, child care service and certain service not in course of employer’s trade 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 657.067 - Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions.

Section 657.080 - Employment; news delivery service excluded.

Section 657.087 - Employment; service by individuals soliciting contracts for home improvements and consumer goods sales 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 657.095 - Payroll.

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 657.144 - Notice to individual of effect of filing claim for benefits; earned income tax credits.

Section 657.146 - Withholding from benefits for tax purposes; rules.

Section 657.150 - Amount of benefits; length of employment and wages necessary to qualify for benefits; 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 657.159 - Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs.

Section 657.165 - Waiting period eligibility, condition, limitation.

Section 657.167 - Amount and time period for payment of benefits to educational institution employees.

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 657.221 - Ineligibility for benefits of certain educational institution employees; exceptions.

Section 657.255 - Method of payment of benefits; payment of benefits due deceased person; rules.

Section 657.260 - Filing claims for benefits; employer to post statements concerning claim regulations; rules.

Section 657.262 - Information provided by public employer to employees.

Section 657.266 - Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested.

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 657.310 - Repayment or deduction of benefits paid due to misrepresentation by recipient; director discretion; penalty for fraud; time limits on collection; civil action by director; disposition of amounts collected; rules.

Section 657.312 - Offset of moneys owed to debtor by federal and state governments against certain benefit overpayments; fees; rules.

Section 657.315 - Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director.

Section 657.317 - Waiver of recovery of overpaid benefits; director discretion; liability extinguished.

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 657.327 - Notice of effectiveness of extended benefits; employers not to be charged for extended benefits.

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 657.385 - Method of paying benefits; amount; applicability of law to shared work plans; rules.

Section 657.390 - Employer charged for benefits in same manner as for regular or extended benefits; limitations.

Section 657.392 - Benefits subject to recovery as lien on real or personal property.

Section 657.394 - Filing of lien statement or warrant.

Section 657.396 - Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff.

Section 657.400 - Employment Department Special Fraud Control Fund; use of funds; Lost Wages Assistance benefit overpayments.

Section 657.415 - When employer ceases to be subject to this chapter.

Section 657.425 - Election of coverage for services that do not constitute employment as defined in 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 657.457 - Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules.

Section 657.458 - Definitions for employer tax rate computations; exclusion of calendar years 2020 and 2021.

Section 657.459 - Computation of Fund Adequacy Percentage Ratio.

Section 657.462 - Computation of benefit ratio; grouping employers within cumulative taxable payroll percentage limits; assignment of rates.

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 657.475 - Where a number of the same workers are normally employed by several employers; records; contributions; charging benefits.

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 657.509 - Taxes from political subdivisions and people’s utility districts; election; effect of canceling election; applicability of noncharging provisions.

Section 657.510 - Refunds.

Section 657.513 - Political subdivision contribution payments from Local Government Employer Benefit Trust Fund.

Section 657.515 - Delinquent taxes; interest; civil penalties; collection by civil action; settlement.

Section 657.516 - Liability of certain officers, members, partners and employees for amounts in default.

Section 657.517 - Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts.

Section 657.535 - Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure.

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 657.552 - Limitations on notices of assessment and on actions to collect contributions, interest and penalties.

Section 657.557 - Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs.

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 657.620 - Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency.

Section 657.625 - Publication of rules, reports and information on Employment Department law.

Section 657.630 - Quasi-judicial powers in administrative hearings.

Section 657.642 - Alternative remedies for collection of taxes, interest and penalties; warrants; execution by sheriff.

Section 657.657 - Acquisition of land and offices.

Section 657.660 - Records and reports of employing units.

Section 657.663 - Penalty for failure by employer to file reports; amount; collection procedure; review of penalty.

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 657.679 - Determination that employing unit or employment is subject to this chapter; notice; application for hearing.

Section 657.681 - Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing.

Section 657.682 - Assessments against reorganized business entity.

Section 657.683 - Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682; decision of administrative law judge; amendment of decision.

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 657.710 - Free public employment offices; contracts relating to workforce development system; public agencies to provide information on job vacancies.

Section 657.720 - Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service.

Section 657.730 - Workforce and labor market information system; rules.

Section 657.734 - Performance Reporting Information System; rules.

Section 657.747 - Department to inform employer and United States Department of Labor of employer’s noncompliance with certain federal requirements regarding federal forest maintenance activity.

Section 657.749 - Department actions when certain forest maintenance activity jobs listed.

Section 657.755 - Cooperation with federal agencies administering unemployment insurance laws.

Section 657.757 - Cooperation with federal agencies administering training or retraining programs and other assistance.

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 657.780 - Agreements with governmental agencies to withhold benefits for child support obligations; rules.

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 657.807 - Advances, under title XII of Social Security Act, to 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 657.813 - Use of moneys made available under Social Security Act for administrative expenses.

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.

Section 657.885 - "Health care coverage" defined.

Section 657.990 - Penalties.