657.167 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 (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
Mallon v. Employment Division (1979)
orctapp · cites it 6×
“The issue is whether the referee and the Appeals Board properly construed ORS 657.167. During the 1977-78 academic year, petitioner was employed as a part-time mathematics instructor for Linn-Benton Community College (Linn-Benton).”
Friedlander v. Employment Division (1984)
orctapp · cites it 8×
“Our previous decisions construing ORS 657.167, however, use the term in its ordinary meaning of annual sessions extending from fall to spring.”
Zeek v. Employment Division (1983)
orctapp · cites it 6×
“221, `reasonable assurance' means a written contract, written notification, or any agreement, express or implied, that the employe will perform services in the same or similar capacity for any educational institution during a subsequent academic year or term * * *.”
Slominski v. Employment Division (1985)
orctapp · cites it 5×
“The Employment Division determined that she was disqualified from receiving benefits by ORS 657.167, and the referees agreed with that determination after two separate hearings.”
Hayes v. Employment Division (1983)
orctapp · cites it 8×
“The referee also concluded that each petitioner was on summer recess “between two successive academic years” after June 6, 1982, received guaranteed wages after June 6 and throughout a period which included the last day that he had contracted to work and was not entitled to…”
Kautz v. Employment Division (1987)
orctapp · cites it 4×
“221 applies to employes performing services “in other than an instructional, research or principal administrative capacity * * Its counterpart for employes who perform instructional work is ORS 657.”
Dufka v. Employment Division (1987)
orctapp · cites it 5×
“In holding that he was entitled to benefits over the summer recess, we said that, in applying ORS 657.167, it was necessary only to look at the academic year or terms immediately preceding and immediately following the time period for which benefits are sought.”
Redmond v. Employment Division (1984)
orctapp · cites it 12×
“221, ‘reasonable assurance’ means a written contract, written notification or any agreement, express or implied, that the employee will perform services in the same or similar capacity for any educational institution during a subsequent academic year or term or in the period…”
Johnson v. Employment Division (1982)
orctapp · cites it 5×
“Presented with *630 a hypothetical set of facts and asked to apply ORS 657.167, the Department’s witness said that if a claimant lost both his full-time job as a salesman and his part-time job as a teacher at the same time but would regain the part-time job at the end of a…”
Kelly v. Employment Division (1985)
orctapp · cites it 8×
“To limit or overrule Mallon and to read ORS 657.167 to disqualify a teacher if he or she merely has some assurance of performing any instructional service, no matter how minimal the wages, hours and benefits might be in comparison to the preceeding year is not consistent with…”
Armstrong v. Employment Division (1992)
orctapp · cites it 2×
“167, * * * ‘reasonable assurance’ means a written contract, written notification, or any agreement, express or implied, that the employee will perform services in the same or similar capacity for any educational institution during a subsequent academic year or term or in the…”
— Or. Rev. Stat. § 657.167(1) — 13 cases
Slominski v. Employment Division (1985)
orctapp
“The Employment Division determined that she was disqualified from receiving benefits by ORS 657.167, and the referees agreed with that determination after two separate hearings.”
Redmond v. Employment Division (1984)
orctapp
“221, ‘reasonable assurance’ means a written contract, written notification or any agreement, express or implied, that the employee will perform services in the same or similar capacity for any educational institution during a subsequent academic year or term or in the period…”
Hayes v. Employment Division (1983)
orctapp
“The referee also concluded that each petitioner was on summer recess “between two successive academic years” after June 6, 1982, received guaranteed wages after June 6 and throughout a period which included the last day that he had contracted to work and was not entitled to…”
Dufka v. Employment Division (1987)
orctapp
“In holding that he was entitled to benefits over the summer recess, we said that, in applying ORS 657.167, it was necessary only to look at the academic year or terms immediately preceding and immediately following the time period for which benefits are sought.”
Friedlander v. Employment Division (1984)
orctapp
“Our previous decisions construing ORS 657.167, however, use the term in its ordinary meaning of annual sessions extending from fall to spring.”
— Or. Rev. Stat. § 657.167(2) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.