2013 ORS § 657.158¹
Self-employment assistance
  • eligibility
  • amounts payable
  • rules

(1) As used in this section:

(a)(A) Regular benefits means benefits payable to an individual under this chapter, including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. chapter 85.

(B) Regular benefits does not mean additional benefits payable under ORS 657.331 (Additional benefits and additional benefit period defined) to 657.334 (Limitation on period for which benefits paid) or extended benefits payable under ORS 657.321 (Definitions for ORS 657.321 to 657.329) to 657.329 (Applicability of ORS 657.321 to 657.329) unless otherwise allowed under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3306 et seq.), or other benefits unless otherwise authorized under federal law.

(b) Self-employment assistance activities means activities approved by the Director of the Employment Department in which individuals, identified under ORS 657.156 (Reemployment service assistance) as likely to exhaust benefits, participate for the purpose of enabling those individuals to establish a business and become self-employed. Self-employment assistance activities includes, but is not limited to, entrepreneurial training, business counseling and technical assistance.

(c) Self-employment assistance allowance means an amount, payable in lieu of regular benefits under this chapter to an individual participating in self-employment assistance activities in accordance with this section.

(2)(a) The weekly amount of the self-employment assistance allowance payable to an individual is equal to the weekly regular benefit amount.

(b) Self-employment assistance allowance amounts shall be paid from the Unemployment Compensation Benefit Fund or from federal benefits.

(3) The self-employment assistance allowance is payable to an individual at the same intervals and on the same terms and conditions as regular benefits under this chapter except that:

(a) The provisions of this chapter regarding being available for work, actively seeking work and refusing to accept suitable work are not applicable to the individual.

(b) The provisions of ORS 657.150 (Amount of benefits) (6) relating to remuneration for services performed are not applicable to income earned from self-employment by the individual.

(c) An individual participating in self-employment assistance activities shall be considered to be unemployed under ORS 657.100 (Unemployment).

(d) An individual who fails to participate in self-employment assistance activities or who fails actively to engage on a full-time basis in establishing a business and becoming self-employed is ineligible to receive the self-employment assistance allowance for each week in which the failure occurs.

(4)(a) An individual may receive the self-employment assistance allowance:

(A) In lieu of regular benefits for a period of not more than 26 weeks; and

(B) In lieu of extended benefits or other unemployment insurance benefits allowable under federal law for an additional period of not more than 26 weeks.

(b) The total period for which an individual may receive regular benefits, extended benefits or other unemployment insurance benefits allowable under federal law is reduced by the number of weeks for which the individual receives the self-employment assistance allowance in lieu of regular benefits or extended benefits or other unemployment insurance benefits, respectively.

(5) The number of individuals receiving the self-employment assistance allowance at any time may not exceed:

(a) With respect to individuals receiving self-employment assistance allowance in lieu of regular benefits, five percent of the number of individuals receiving regular benefits.

(b) With respect to individuals receiving self-employment assistance allowance in lieu of extended benefits, one percent of the number of individuals receiving extended benefits.

(6) The self-employment assistance allowance shall be charged to employers in the manner provided in this chapter for the charging of regular benefits or extended benefits.

(7) In adopting rules to carry out the provisions of this section, the director, insofar as practicable, shall comply with rules and policies of the United States Department of Labor.

(8) The provisions of this section apply to weeks beginning after the date of enactment of federal law authorizing this section or the date of any required plan adopted by the United States Department of Labor, whichever date is later. The authority under this section terminates at the end of the week preceding the date when federal law no longer authorizes this section, unless that date is on a Saturday in which case the authority terminates on that date. [1995 c.193 §3; 2013 c.704 §6]

Note: 657.158 (Self-employment assistance) 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.