Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 657.221

Benefits payable to nonprofessional educational institution employees

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      657.221 Benefits payable to nonprofessional educational institution employees. (1) Benefits based on services performed in other than 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.

      (2) This section applies only to service performed for an educational institution or institution of higher education operated by:

      (a) A nonprofit employing unit;

      (b) This state;

      (c) A political subdivision of this state; or

      (d) An Indian tribe. [1973 c.715 §6; 1975 c.284 §2; 1977 c.241 §3; 1981 c.60 §2; 1983 c.343 §1; 1983 c.528 §3; 1983 c.538 §1; 1985 c.226 §3; 1985 c.748 §2; 2001 c.572 §9; 2005 c.218 §13; 2016 c.15 §1; 2017 c.308 §1; 2019 c.407 §1; 2021 c.79 §1; 2023 c.180 §1]

 

      657.222 [1983 c.528 §8; repealed by 2009 c.11 §83]

 

      657.225 [Repealed by 1955 c.655 §25]

 

      657.230 [Repealed by 1955 c.655 §25]

     

      657.235 [Repealed by 1955 c.655 §25]

 

      657.240 [Repealed by 1955 c.655 §25]

 

      657.245 [Repealed by 1955 c.655 §25]

 

      657.250 [Repealed by 1957 c.699 §12]

Notes of Decisions
Cited in 24 cases, 1976–2012 · leading case: McIntyre v. Employment Division
Sort: Relevance Newest Treatment
McIntyre v. Employment Division (1979) orctapp · cites it 40× “[1] The dissent argues that the term "educational institution" in ORS 657.221 means something other than — the dissent does not say what — the definition stated in ORS 657.”
Zeek v. Employment Division (1983) orctapp · cites it 14× “" EAB affirmed, relying on ORS 657.221, which reads, in part: "Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution, other than an institution of higher education, shall be payable to an…”
Kautz v. Employment Division (1987) orctapp · cites it 7× “The claimant was without employment during the weeks in issue because the school was in recess.”
Friedlander v. Employment Division (1984) orctapp · cites it 4× “221(1), which similarly denies non-academic employes of educational institutions unemployment benefits for periods between successive academic years, this court has upheld an EAB determination “that the traditional academic year is an ‘academic year’ within the meaning of ORS…”
Mallon v. Employment Division (1979) orctapp “167 and ORS 657.221, '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…”
Employment Division v. Currin (1988) orctapp · cites it 5× “1 EAB concluded that the applicable statute, ORS 657.221, does not preclude claimant from receiving unemployment compensation during the recess.”
Hayes v. Employment Division (1983) orctapp · cites it 3× “Employment Division, supra, n 2, where the petitioner assigned as error EAB’s conclusion that she had “reasonable assurances” under ORS 657.221 of returning to work in the succeeding academic year.”
Anderson v. Employment Division (1976) orctapp · cites it 9× “This claim under Oregon statutes was denied on the basis of ORS 657.221 1 which provides that unemployment compensation "shall not be paid” to certain school employes during a school recess.”
Multnomah Education Service District v. Employment Division (1993) orctapp · cites it 9× “MESD argues that claimant is ineligible for benefits under ORS 657.221, which provides, in part: “(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher…”
Salem-Keizer School District 24J v. Employment Department (1995) orctapp · cites it 8× “There, we held that ORS 657.221-(1)(a) 6 did not apply to deny the claimant summer recess *325 benefits “because her benefits were based on her previous full-time position, not on the [part-time] services she performed” for a community college before the recess.”
Dufka v. Employment Division (1987) orctapp “167 and ORS 657.221, ‘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 or…”
Hutchinson v. Employment Division (1994) orctapp · cites it 4× “It concluded that petitioner was disqualified from receiving benefits during the summer recess under ORS 657.221(1)(a), which provides: “(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational…”
Show all 24 citing cases →
— Or. Rev. Stat. § 657.221(1) — 8 cases
McIntyre v. Employment Division (1979) orctapp “[1] The dissent argues that the term "educational institution" in ORS 657.221 means something other than — the dissent does not say what — the definition stated in ORS 657.”
Friedlander v. Employment Division (1984) orctapp “221(1), which similarly denies non-academic employes of educational institutions unemployment benefits for periods between successive academic years, this court has upheld an EAB determination “that the traditional academic year is an ‘academic year’ within the meaning of ORS…”
Multnomah Education Service District v. Employment Division (1993) orctapp “MESD argues that claimant is ineligible for benefits under ORS 657.221, which provides, in part: “(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher…”
Salem-Keizer School District 24J v. Employment Department (1995) orctapp “There, we held that ORS 657.221-(1)(a) 6 did not apply to deny the claimant summer recess *325 benefits “because her benefits were based on her previous full-time position, not on the [part-time] services she performed” for a community college before the recess.”
Employment Division v. Park (1976) orctapp
— Or. Rev. Stat. § 657.221(1)(a) — 3 cases
Hutchinson v. Employment Division (1994) orctapp “It concluded that petitioner was disqualified from receiving benefits during the summer recess under ORS 657.221(1)(a), which provides: “(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational…”
Salem-Keizer School District 24J v. Employment Department (1995) orctapp “There, we held that ORS 657.221-(1)(a) 6 did not apply to deny the claimant summer recess *325 benefits “because her benefits were based on her previous full-time position, not on the [part-time] services she performed” for a community college before the recess.”
Multnomah Educ. Serv. Dist. v. Emp. Div. (1993) orctapp
— Or. Rev. Stat. § 657.221(2) — 1 case
School District 24J v. Employment Division (1977) orctapp
— Or. Rev. Stat. § 657.221(2)(a) — 5 cases
VAN RIJN v. Employment Dept. (2010) orctapp
Balduyck v. Employment Division (1985) orctapp
Van Rijn v. Employment Department (2010) orctapp
Ponder v. Employment Department (2000) orctapp
Green v. Employment Division (1982) orctapp
— Or. Rev. Stat. § 657.221(3) — 5 cases
McIntyre v. Employment Division (1979) orctapp “[1] The dissent argues that the term "educational institution" in ORS 657.221 means something other than — the dissent does not say what — the definition stated in ORS 657.”
Kautz v. Employment Division (1987) orctapp “The claimant was without employment during the weeks in issue because the school was in recess.”
Employment Division v. Currin (1988) orctapp “1 EAB concluded that the applicable statute, ORS 657.221, does not preclude claimant from receiving unemployment compensation during the recess.”
Salem-Keizer School District 24J v. Employment Department (1995) orctapp “There, we held that ORS 657.221-(1)(a) 6 did not apply to deny the claimant summer recess *325 benefits “because her benefits were based on her previous full-time position, not on the [part-time] services she performed” for a community college before the recess.”
Hutchinson v. Employment Division (1994) orctapp “It concluded that petitioner was disqualified from receiving benefits during the summer recess under ORS 657.221(1)(a), which provides: “(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational…”
— Or. Rev. Stat. § 657.221(4) — 3 cases
McIntyre v. Employment Division (1979) orctapp “[1] The dissent argues that the term "educational institution" in ORS 657.221 means something other than — the dissent does not say what — the definition stated in ORS 657.”
Multnomah Education Service District v. Employment Division (1993) orctapp “MESD argues that claimant is ineligible for benefits under ORS 657.221, which provides, in part: “(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher…”
Multnomah Educ. Serv. Dist. v. Emp. Div. (1993) orctapp
— Or. Rev. Stat. § 657.221(5) — 1 case
School District 24J v. Employment Division (1977) orctapp
— Or. Rev. Stat. § 657.221(l)(a) — 2 cases
Multnomah Education Service District v. Employment Division (1993) orctapp “MESD argues that claimant is ineligible for benefits under ORS 657.221, which provides, in part: “(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher…”
Nickerson v. Employment Department (2012) orctapp
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