Oregon Statutes 657.321 – Definitions for ORS 657.321 to 657.329
As used in ORS § 657.321 to 657.329 unless the context requires otherwise:
Terms Used In Oregon Statutes 657.321
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Average monthly employment: means the total number of persons employed in each month for 12 consecutive months, as reported by employers subject to the tax under this chapter, divided by 12. See Oregon Statutes 657.458
- Benefit year: means a period of 52 consecutive weeks commencing with the first week with respect to which an individual files an initial valid claim for benefits, and thereafter the 52 consecutive weeks period beginning with the first week with respect to which the individual next files an initial valid claim after the termination of the individual's last preceding benefit year except that the benefit year shall be 53 weeks if the filing of an initial valid claim would result in overlapping any quarter of the base year of a previously filed initial valid claim. See Oregon Statutes 657.010
- Benefits: means the money allowances payable to unemployed persons under this chapter. See Oregon Statutes 657.010
- employment: includes service that is:
(a) Subject to the tax imposed by the Federal Unemployment Tax Act; or
(b) Required to be covered under this chapter as a condition for employers to receive a full tax credit against the tax imposed by the Federal Unemployment Tax Act. See Oregon Statutes 657.030
- Internal Revenue Code: means the federal Internal Revenue Code, as amended and in effect on December 31, 2022. See Oregon Statutes 657.010
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
- wages: means all remuneration for employment, including the cash value, as determined by the Director of the Employment Department under the regulations of the director, of all remuneration paid in any medium other than cash. See Oregon Statutes 657.105
- Week: means any period of seven consecutive calendar days ending at midnight, as the director may prescribe by rule. See Oregon Statutes 657.010
(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 ORS § 657.328.
(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.
(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. [1971 c.2 § 2; 1974 c.46 § 1; 1977 c.228 § 1; 1979 c.267 § 4; 1982 s.s.1 c.30 § 1; 1993 c.200 § 3; 2003 c.14 § 401; 2007 c.71 § 210; 2007 c.614 § 20; 2009 c.115 5,6,7; 2010 c.6 3,4; 2011 c.10 1,2]