EMPLOYMENT DIVISION v. YAMHILL CTY.

No. 79-AB-1056; CA 16364.

613 P.2d 493 (1980)

46 Or.App. 823

EMPLOYMENT DIVISION, Raymond P. Thorne, Assistant Director, Petitioner, Shirley E. Fox, Claimant, v. YAMHILL COUNTY, Respondent.

Court of Appeals of Oregon.

Decided June 30, 1980.


Attorney(s) appearing for the Case

Douglas F. Foley, Certified Law Student, Salem, argued the cause for petitioner. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Daryl S. Garrettson, Yamhill County Counsel, McMinnville, argued the cause for respondent. With him on the brief was David C. Jory, Asst. County Counsel, McMinnville.

No appearance by claimant.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


GILLETTE, Presiding Judge.

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...

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