Employment Division v. Yamhill County

The Employment Division (Division) seeks judicial review of a decision of the Employment Appeals Board (Board) which held that claimant Shirley E. Fox (claimant) was disqualified from receiving unemployment compensation benefits by virtue of the fact that she had elected to take her accrued retirement benefits in a lump sum at the time she left work with the respondent County. We reverse.

We borrow extensively from the brief of the Division. At issue is the Board’s interpretation of subsection (1), (b), (A) of ORS 657.205, the unemployment compensation benefits disqualification section, which…