657.065
Employment; governmental service excluded; exceptions. (1) “Employment” does not include
service performed in the employ of the United States Government or any
instrumentality of the United States, except that if the Congress of the United
States permits states to require any instrumentalities of the United States to
make payments into an unemployment fund under a state unemployment insurance
law, then, to the extent permitted by Congress, and after the date such
permission becomes effective, this chapter shall be effective as to such
instrumentalities and as to services performed for such instrumentalities in
the same manner, to the same extent and on the same terms as to all other
employers, employing units, individuals and services. However, if this state is
not certified by the Secretary of Labor under section 3304(c) of title 26,
United States Code, for any year, then the payments required of such
instrumentalities with respect to such year shall be deemed to have been
erroneously collected within the meaning of ORS 657.510 and shall be refunded
by the Director of the Employment Department from the fund in accordance with
ORS 657.510.
(2) “Employment”
does not include services that are performed in the employ of the state, any
political subdivision or instrumentality of the state or an Indian tribe:
(a) As an elected
public official.
(b) In a position
that, under or pursuant to laws of this state or tribal laws, is designated as
a policymaking or advisory position the performance of the duties of which
ordinarily does not require more than eight hours per week.
(c) As an
employee serving on a temporary basis in case of fire, storm, earthquake, flood
or similar emergency.
(d) As a member
of a legislative body or a member of the judiciary.
(e) By an adult
in custody in a custodial or penal institution when such services are performed
for the custodial or penal institution in which the adult in custody is
confined.
(f) As a member
of the Oregon Army National Guard or Oregon Air National Guard.
(3) The
provisions of ORS 657.425 permitting election of coverage for services that do
not constitute “employment” do not apply to services performed as an elected
public or tribal official.
(4)
Notwithstanding the provisions of ORS 657.025, “employer” means any state
government, political subdivision or Indian tribe employing unit. [Amended by
1955 c.655 §4; 1957 c.682 §2; subsection (2) enacted as 1957 c.682 §4; 1959
c.398 §2; 1959 c.665 §1; 1961 c.452 §1; 1969 c.275 §1; 1971 c.463 §9; 1973
c.715 §2; 1975 c.156 §2; 1977 c.446 §3; 2001 c.572 §7; 2019 c.213 §114]
Notes of Decisions
Confederated Tribes of Siletz Indians v. Emp. Dep't, 995 P.2d 580 (Or. Ct. App. 2000).
· cites it 35× “Siletz disputed their claims, contending, among other things, that their service as elected council members was exempt from the definition of “employment” 2 by ORS 657.065. 3 The claims were heard by an administrative law judge (ALJ), who ruled in favor of claimants.”
Schimschok v. Emp. Div., 633 P.2d 9 (Or. Ct. App. 1981).
“” ORS 657.065(1) provides that: "(1) 'Employment* does not include service performed in the employ of the United States Government or any instrumentality of the United States, except that if the Congress of the United States permits states to require any instrumentalities of the…”
— Or. Rev. Stat. § 657.065(1) — 2 cases
Confederated Tribes of Siletz Indians v. Emp. Dep't, 995 P.2d 580 (Or. Ct. App. 2000).
“Siletz disputed their claims, contending, among other things, that their service as elected council members was exempt from the definition of “employment” 2 by ORS 657.065. 3 The claims were heard by an administrative law judge (ALJ), who ruled in favor of claimants.”
Schimschok v. Emp. Div., 633 P.2d 9 (Or. Ct. App. 1981).
“” ORS 657.065(1) provides that: "(1) 'Employment* does not include service performed in the employ of the United States Government or any instrumentality of the United States, except that if the Congress of the United States permits states to require any instrumentalities of the…”
— Or. Rev. Stat. § 657.065(2) — 1 case
Confederated Tribes of Siletz Indians v. Emp. Dep't, 995 P.2d 580 (Or. Ct. App. 2000).
“Siletz disputed their claims, contending, among other things, that their service as elected council members was exempt from the definition of “employment” 2 by ORS 657.065. 3 The claims were heard by an administrative law judge (ALJ), who ruled in favor of claimants.”
— Or. Rev. Stat. § 657.065(2)(a) — 1 case
Confederated Tribes of Siletz Indians v. Emp. Dep't, 995 P.2d 580 (Or. Ct. App. 2000).
“Siletz disputed their claims, contending, among other things, that their service as elected council members was exempt from the definition of “employment” 2 by ORS 657.065. 3 The claims were heard by an administrative law judge (ALJ), who ruled in favor of claimants.”
— Or. Rev. Stat. § 657.065(2)(b) — 1 case
Confederated Tribes of Siletz Indians v. Emp. Dep't, 995 P.2d 580 (Or. Ct. App. 2000).
“Siletz disputed their claims, contending, among other things, that their service as elected council members was exempt from the definition of “employment” 2 by ORS 657.065. 3 The claims were heard by an administrative law judge (ALJ), who ruled in favor of claimants.”
— Or. Rev. Stat. § 657.065(3) — 1 case
Confederated Tribes of Siletz Indians v. Emp. Dep't, 995 P.2d 580 (Or. Ct. App. 2000).
“Siletz disputed their claims, contending, among other things, that their service as elected council members was exempt from the definition of “employment” 2 by ORS 657.065. 3 The claims were heard by an administrative law judge (ALJ), who ruled in favor of claimants.”
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