Oregon Statutes 657.173 – Alternate base year; rules
(1)(a) Notwithstanding ORS § 657.010 (1), in the case of an individual who is not eligible for benefits under ORS § 657.150 (2) using the definition in ORS § 657.010 (1), ‘base year’ means the last four completed calendar quarters preceding the benefit year, if use of this alternate definition of ‘base year’ makes the individual eligible for benefits under ORS § 657.150 (2).
Terms Used In Oregon Statutes 657.173
- 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
- Calendar quarter: means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, or the approximate equivalent thereof, as the Director of the Employment Department may, by rule, prescribe. 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Notwithstanding paragraph (a) of this subsection, a determination of eligibility under ORS § 657.150 (2) may not be made using paragraph (a) of this subsection if the individual qualifies or would qualify for regular benefits under the unemployment law of another governmental jurisdiction using that jurisdiction’s standard base year.
(c) Work and earnings in a calendar quarter that is included in a claim determined to be eligible using the base year as defined in paragraph (a) of this subsection cannot be included in the base year of a subsequent claim unless the subsequent claim’s base year is extended under ORS § 657.170 to include the calendar quarter.
(2)(a) Except as provided in paragraph (b) of this subsection, the definition of ‘base year’ that applies for the purposes of determining an individual’s eligibility for benefits under ORS § 657.150 applies for all purposes under this chapter related to that individual’s claim.
(b) When making a finding under ORS § 657.170 (1), ‘base year’ has the meaning given that term in ORS § 657.010 (1).
(3) The Director of the Employment Department shall adopt rules necessary to carry out the provisions of this section. [2009 c.71 § 2; 2013 c.101 § 1]
657.173 was added to and made a part of ORS Chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
[Repealed by 1955 c.655 § 8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]