2017 ORS 657.167¹
Amount and time period for payment of benefits to educational institution employees

(1) 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 benefits shall not be paid based on such services for any 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 individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any institution in the second of such academic years or terms. All services 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 (Ineligibility for benefits of certain educational institution personnel) (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. [1971 c.463 §12; 1975 c.284 §1; 1977 c.241 §2; 1981 c.60 §1; 1983 c.528 §2; 1985 c.226 §2; 1985 c.748 §1; 2001 c.572 §8; 2005 c.218 §4]

Notes of Decisions

Where claimant was employed by two academic institu­tions and after summer recess had assurance of returning to only one, compensa­tion was awardable for the job to which he would not return. Mallon v. Employ­ment Div., 41 Or App 479, 599 P2d 1164 (1979)

Teacher who substitute taught for school district in academic year preceding summer vaca­tion, and who had reasonable assurances that he could substitute teach again in academic year following summer vaca­tion, was not entitled to unemploy­ment compensa­tion benefits for summer vaca­tion months. Johnson v. Employ­ment Division, 59 Or App 626, 651 P2d 1365 (1982)

Employ­ment Appeals Board erred in interpreting “between two successive years” to include unexpected layoff period that preceded principals’ regularly scheduled period of unemploy­ment. Hayes v. Employ­ment Div., 65 Or App 506, 672 P2d 352 (1983)

As used in this sec­tion “academic year” means tradi­tional fall through spring sessions of an educa­tional institu­tion. Friedlander v. Employ­ment Division, 66 Or App 546, 676 P2d 314 (1984)

Teacher whose employ­ment at educa­tional institu­tion during tradi­tional academic year preceding summer vaca­tion period was dependent upon min­i­mum class enroll­ment, and who has reasonable assurance of teaching on same basis in following academic year, is not entitled to unemploy­ment benefits for summer months. Friedlander v. Employ­ment Division, 66 Or App 546, 676 P2d 314 (1984)

There was no assurance of reemploy­ment where claimant was told that if enough students enrolled, needed tutoring and requested him, decision whether to rehire him would be made. Redmond v. Employ­ment Div., 66 Or App 878, 675 P2d 1126 (1984)

Where claimant employed as full-time teacher during first academic year has quantity of service reduced to part-time for sec­ond academic year, claimant is entitled to unemploy­ment compensa­tion for summer months; legislative intent of this sec­tion is to treat academic employee in same manner as other covered employee. Kelly v. Employ­ment Division, 74 Or App 69, 701 P2d 448 (1985), Sup Ct review denied

Teacher who works as substitute during year before summer recess and has reasonable assurance of working as substitute during year following recess is not qualified for unemploy­ment benefits. Slominski v. Employ­ment Division, 77 Or App 142, 711 P2d 215 (1985)

This sec­tion, which limits pay­ment of unemploy­ment benefits to instruc­tional per­sonnel during regularly scheduled vaca­tions, disqualifies from receiving benefits school employee who performed instruc­tional services before scheduled vaca­tion and had reasonable assurance of performing such services after vaca­tion. Dufka v. Employ­ment Div., 87 Or App 254, 742 P2d 624 (1987), Sup Ct review denied

Claimant had “reasonable assurance” of reemploy­ment, as that term is used in this sec­tion, to disqualify him from receiving unemploy­ment benefits where he received offer of employ­ment in capacity similar to that of pre­vi­ous year but was still negotiating its terms. Employ­ment Division v. Epstein, 90 Or App 584, 752 P2d 1295 (1988)

Where Employ­ment Appeals Board’s order does not explain how claimant’s not having had pre­vi­ous rela­tionship with school districts before spring affects whether she had or did not have an assurance of re-employ­ment, order fails to articulate ra­tional connec­tion between facts it found and legal conclusions. Mt. Hood Community College v. Employ­ment Div., 101 Or App 314, 790 P2d 1164 (1990)

Claimant who had long history of teaching successive terms without written notifica­tion of employer’s inten­tion to reemploy her and whose supervisor told her she could be reasonably assured of temporary work, had reasonable assurance of reemploy­ment and was thus disqualified from receiving unemploy­ment compensa­tion. Armstrong v. Employ­ment Div., 113 Or App 257, 832 P2d 1233 (1992)

Where claimant is employed prior to scheduled break, difference in nature of pre-break employ­ment and former employ­ment forming basis of claim is irrelevant to determining disqualifica­tion. Salem-Keizer School Dist. #24J v. Employ­ment Dept., 137 Or App 320, 904 P2d 1082 (1995)

Relevant period for determining disqualifica­tion during summer recess is academic year or term preceding summer recess, not week immediately prior to summer recess. Employ­ment Dept. v. Bires, 147 Or App 336, 935 P2d 1214 (1997)

Chapter 657

Notes of Decisions

An individual who performs services for remunera­tion is an employee, and per­son or organiza­tion for whom services are performed is an employer under terms of Employ­ment Division Law even if remunera­tion is paid indirectly rather than directly unless employer shows that some statutory exclusion applies. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973)

Mere act of incorporating as professional corpora­tion does not, by itself, create employer-employee rela­tionship for purposes of this chapter. Peterson v. Employ­ment Division, 82 Or App 371, 728 P2d 95 (1986)

Determina­tion of whether claimant is qualified for benefits is made by reference to ORS 657.150 (Amount of benefits) and 657.155 (Benefit eligibility conditions), which require determina­tion of amount of work that claimant performed in “employ­ment” as defined in ORS chapter 657, which, in turn means that exclusions from “employ­ment” set out in ORS 657.040 (Employment) through 657.094 (Employment) must be considered. May Trucking Co. v. Employ­ment Dept., 251 Or App 555, 284 P3d 553 (2012)

Atty. Gen. Opinions

Determining employer of musicians’ group, (1972) Vol 35, p 1306

1 Legislative Counsel Committee, CHAPTER 657—Unemployment Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.