Bill Text: OR HB3320 | 2011 | Regular Session | Introduced

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Bill Title: Relating to unemployment insurance benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3320 Detail]

Download: Oregon-2011-HB3320-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1200

                         House Bill 3320

Sponsored by Representative DEMBROW

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that unemployment insurance benefits are payable
during summer term to community college instructor who has
received assignment for previous summer term. Codifies
presumption that instructor at state institution of higher
education or community college does not have reasonable assurance
of performing services for institution or community college in
following academic term.

                        A BILL FOR AN ACT
Relating to unemployment insurance benefits; creating new
  provisions; and amending ORS 657.167.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657.167 is amended to read:
  657.167.   { - (1) - }   { + (1)(a) + } Benefits based on
service in an instructional, research or principal administrative
capacity for an educational institution or institution of higher
education shall be payable to an individual in the same amount,
on the same terms and subject to the same conditions as benefits
payable on the basis of other service subject to this chapter
 { - , except that - }  { + .
  (b) Notwithstanding paragraph (a) of this subsection, and
except as provided in paragraph (c) of this subsection,
 + }benefits
  { - shall not be paid based on such services for any - }
 { + are not payable on service described in paragraph (a) of
this subsection for a + } week of unemployment commencing during
the period between two successive academic years or, when an
agreement provides instead for a similar period between two
regular terms { + , + } whether or not successive { + , + } or
during a period of paid sabbatical leave provided for in the
individual's contract and if   { - such - }   { + the + }
individual performs   { - such - }   { + the + } services in the
first of   { - such - }   { + the + } academic years or terms and
if there is a contract or a reasonable assurance that
 { - such - }   { + the + } individual will perform services in
  { - any - }  such capacity for any institution in the second of
 { - such - }  { + the + } academic years or terms.
   { +  (c) Benefits are payable for a week of unemployment
commencing during the summer term of a community college to an
instructor who has received an assignment for a previous summer
term.
  (d) For purposes of this subsection, a part-time or full-time
instructor at a state institution of higher education listed in
ORS 352.002 or a community college as defined in ORS 341.005 is
presumed not to have a reasonable assurance that the instructor
will perform services for the state institution of higher
education or community college in a second academic year or term.
  (e)  + }All   { - services - }   { + service described in this
subsection performed  + }by an individual for an institution
shall be deemed in instructional, research or principal
administrative capacity if at least 50 percent of the
individual's time is spent in such activities.
  (2) With respect to any services described in subsection (1) of
this section, compensation payable on the basis of such services
shall be denied to any individual for any week that commences
during an established and customary vacation period or holiday
recess if such individual performs such services in the period
immediately before such vacation period or holiday recess, and
there is reasonable assurance that such individual will perform
such services or any services described in ORS 657.221 (1) in the
period immediately following such vacation period or holiday
recess.
  (3) With respect to any services described in subsection (1) of
this section, benefits based on such services shall be denied as
specified in subsections (1) and (2) of this section to any
individual who performed such service in an institution while in
the employ of an education service district established by ORS
chapter 334, providing 50 percent or more of the individual's
time is spent in instructional, research or principal
administrative capacity in such institution.
  (4) The provisions of subsections (1), (2) and (3) of this
section apply only to service performed for:
  (a) An educational institution or institution of higher
education operated by a nonprofit employing unit;
  (b) This state;
  (c) A political subdivision of this state; or
  (d) An Indian tribe.
  SECTION 2.  { + The amendments to ORS 657.167 by section 1 of
this 2011 Act apply to services performed on or after the
effective date of this 2011 Act. + }
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