OAR 471-030-0076: Benefits for Athletes

(1) As used in ORS 657.186, "any services, substantially all of which consist of participating in sports or athletic events" means all services performed by an individual in any subject employment during their base year if such individual was engaged in remunerative sports or athletic events for 90 percent or more of the total time spent in subject employment during such base year. (2) As used in this section, "participating in sports or athletic events" means any services performed in an athletic activity by an individual as: (a) A regular player or team member; (b) An alternate player or team member; (c) An individual in training to become a regular player or team member; (d) An individual who, although performing no active services, is retained as a player or team member while recuperating from illness or injury. (3) The beginning and ending dates of any sport season and the beginning and ending dates of the time period between two successive sport seasons shall be determined by the Director after taking into consideration factors of custom and practice within a particular sport, published dates for beginning and ending of a season and any other information bearing upon such determination. (4) For the purposes of ORS 657.186, a reasonable assurance that an individual will perform services in sports or athletic events in a subsequent season is presumed to exist if: (a) The individual has an express or implied multi-year contract which extends into the subsequent sport season; or (b) The individual is free to negotiate with other teams or employers for employment as a participant in the subsequent sport season; and (c) There is reason to believe that one or more employers of participants in athletic events is considering or would be desirous of employing the individual in an athletic capacity in the subsequent sport season; and (d) The individual has not clearly and affirmatively withdrawn from participating in remunerative and competitive sports or athletic events.