Chapter 536 Oregon Laws 2003

AN ACT

SB 903

Relating to unemployment compensation; creating new provisions; amending ORS 657.337 and section 1, chapter 34, Oregon Laws 2003 (Enrolled Senate Bill 2); and declaring an emergency.

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

SECTION 1. Section 1, chapter 34, Oregon Laws 2003 (Enrolled Senate Bill 2), is amended to read:

Sec. 1. (1) As used in this section:

(a) “Emergency benefit period” means a period beginning the week after [the effective date of this 2003 Act] April 1, 2003,and ending on [December] September 27, 2003.

(b) “Oregon emergency benefits” means unemployment benefits totally financed by the state and payable under ORS chapter 657 to individuals described in subsection (2) of this section during an emergency benefit period.

(c) “Regular benefits” has the meaning given that term in ORS 657.321.

(2) During an emergency benefit period, an individual may receive Oregon emergency benefits in an amount equal to the weekly benefit amount of the individual’s most recent regular unemployment benefit claim subject to the provisions of ORS chapter 657 if:

(a) The individual has exhausted regular benefits under ORS chapter 657;

(b) The individual is not eligible for any other unemployment benefits, including benefits provided under any federal law extending benefits beyond those provided for as regular benefits;

(c) The individual otherwise continues to meet the eligibility requirements for regular benefits under ORS chapter 657; and

(d) The individual’s benefit year expired after January 5, 2002.

(3) The maximum Oregon emergency benefits an individual may receive under this section is [50] 75 percent of the individual’s most recent regular unemployment benefit claim.

(4) The Employment Department may not charge an employer’s account for benefits paid to an unemployed individual under this section. Notwithstanding ORS 657.504, reimbursing political subdivisions, reimbursing nonprofit employers and reimbursing Indian tribes are not required to pay into the Unemployment Compensation Trust Fund an amount equal to the benefits paid to an unemployed individual under this section.

[(5)(a)] (5) The provisions of this section apply only for weeks beginning the week after [the effective date of this 2003 Act] April 1, 2003, and ending on [December] September 27, 2003.

[(b) Notwithstanding paragraph (a) of this subsection, the Director of the Employment Department may immediately stop payments of Oregon emergency benefits when the director determines that the total of such payments would exceed $29 million if paid for the succeeding calendar week.]

SECTION 2. ORS 657.337 is amended to read:

657.337. (1) The state’s economic stability is often threatened when workers are being displaced from the workforce and the workers and their families face hardship and serious social and health problems.

(2) The policy of the state is to promote workforce development by providing eligible dislocated workers with unemployment compensation and related benefits while they are receiving professional technical training so that they can continue to care for their families and obtain employment.

(3) The Employment Department and the Department of Community Colleges and Workforce Development will implement the necessary strategies, systems and structures that will provide consolidated, streamlined delivery of these services to dislocated workers.

(4) It is the policy of the state to encourage the movement of workers into higher wage jobs.

(5) It is the policy of the state to make the best use of currently existing service delivery vehicles, training programs and assessment devices to provide services to eligible dislocated workers.

(6) In order to assist eligible dislocated workers to continue or complete professional technical training, individuals who meet the requirements of ORS 657.335 to 657.360 are eligible for supplemental benefits as provided in ORS 657.340 through June 30, [2003] 2005.

SECTION 3. (1) As used in sections 3 to 6 of this 2003 Act:

(a) “Temporary additional benefits” means benefits totally financed by the state and payable under ORS chapter 657 to exhaustees, as defined in ORS 657.321, by reason of conditions of high unemployment.

(b) “Temporary additional benefit period” means a period, not within an extended benefit period as defined in ORS 657.321, that:

(A) Begins with the third week after a week for which there is a state temporary additional benefits “on” indicator; and

(B)(i) Ends with the third week after the first week for which there is a state temporary additional benefits “off” indicator; or

(ii) Ends with the second week after the first week for which there is a state “on” indicator, as defined in ORS 657.321 (3).

(2) Notwithstanding the provisions of subsection (1)(b) of this section, no temporary additional benefit period may begin by reason of a state temporary additional benefit “on” indicator before the eighth week following the end of a prior temporary additional benefit period that was in effect with respect to this state.

(3) There is a state temporary additional benefit “on” indicator for any week for which the Director of the Employment Department determines that:

(a) For the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) equaled or exceeded four percent; or

(b) For the period consisting of such week and the immediately preceding 12 weeks, the rate of total unemployment (not seasonally adjusted) equaled or exceeded 6.5 percent.

(4) There is a state temporary additional benefits “off” indicator for any week for which the director determines that:

(a) For the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) was less than four percent; and

(b) For the period consisting of such week and the immediately preceding 12 weeks, the rate of total unemployment (not seasonally adjusted) was less than 6.5 percent.

(5) For purposes of this section, the “rate of insured unemployment” has the meaning given that term in ORS 657.321.

SECTION 4. During a temporary additional benefit period, an individual who qualifies as an exhaustee as defined in ORS 657.321, who continues to otherwise meet the eligibility requirements for regular benefits under the provisions of ORS chapter 657, whose benefit year expired after January 5, 2002, and who is not eligible for any other unemployment benefits, including benefits provided for by any federal law extending benefits beyond those provided for as regular benefits or extended benefits, may receive temporary additional benefits for weeks subsequent to September 27, 2003, in an amount equal to the weekly benefit amount of the individual’s most recent regular unemployment benefit claim subject to the provisions of ORS chapter 657. The maximum temporary additional benefits an individual may receive under sections 3 to 6 of this 2003 Act is 25 percent of the most recent regular unemployment benefit claim.

SECTION 5. An employer’s account may not be charged for temporary additional benefits paid to an unemployed individual under sections 3 to 6 of this 2003 Act. However, nothing in this section may be construed to relieve the state, reimbursing political subdivisions, reimbursing nonprofit employers or reimbursing Indian tribes from paying into the Unemployment Compensation Trust Fund an amount equal to the temporary additional benefits paid to an unemployed individual under sections 3 to 6 of this 2003 Act.

SECTION 6. (1) Temporary additional benefits may be paid under the provisions of sections 3 to 6 of this 2003 Act through the week ending February 14, 2004, only with respect to weeks not within an extended benefit period as defined in ORS 657.321.

(2) Notwithstanding ORS 657.331 to 657.334, between the effective date of this 2003 Act and February 14, 2004, an additional benefit period, as defined in ORS 657.331, may not begin or continue and the Employment Department may not pay additional benefits under ORS 657.331 to 657.334.

SECTION 7. Sections 3 to 6 of this 2003 Act and the amendments to section 1, chapter 34, Oregon Laws 2003 (Enrolled Senate Bill 2), and ORS 657.337 by sections 1 and 2 of this 2003 Act apply to claims for benefits filed before, on or after the effective date of this 2003 Act.

SECTION 8. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor July 3, 2003

Filed in the office of Secretary of State July 3, 2003

Effective date July 3, 2003

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