2011 ORS § 657.317¹
Waiving recovery of benefits
  • effect of nonconformity to federal law

(1) The Director of the Employment Department shall waive recovery of benefits under ORS 657.315 (Recovery or deduction of benefits paid erroneously) if the director finds that the benefits are recoverable due to a change in federal or state law, the application of which has caused the disqualification of benefits previously paid.

(2) The director may waive recovery of benefits under ORS 657.315 (Recovery or deduction of benefits paid erroneously) if the director finds that recovery of benefits would be against equity and good conscience.

(3) If the United States Secretary of Labor serves notice that the provisions of subsection (1) or (2) of this section fail to meet the requirements of the Social Security Act or the Federal Unemployment Tax Act, the nonconforming subsection is no longer of any force or effect.

(4) The director may waive establishment and recovery of overpaid benefits when no decision has been issued under ORS 657.310 (Recovery or deduction of benefits paid because of misrepresentation by recipient) or 657.315 (Recovery or deduction of benefits paid erroneously) and the amount of the overpayment is less than one-half of the maximum weekly benefit amount in effect at the time the overpayment is discovered. [1983 c.528 §§6,7; 1995 c.105 §7; 2011 c.514 §1]