(A)For purposes of
division (E) of section 4141.33 of the Revised Code:
(1)"Participating
in sports or athletic events" refers only to the services performed by
athletes as contestants in sports or athletic events and not to the services
performed by managers, coaches, trainers, referees, umpires, scorers,
groundskeepers or other individuals who are not contestants.
(2)An individual
shall be deemed to perform "substantially all" of his or her services
participating in sports or athletic events if such participation accounts for
seventy-five per cent or more of total services performed during the base
period.
(3)A "sports
season" shall be deemed to begin on the date that scheduled training
begins and to end on the date on which all related sports activity ceases.
(B)The period
between two successive sports seasons or similar periods shall begin with the
Sunday immediately following the date on which the sports season ends and shall
continue through the Saturday following the date on which the next sports
season begins.
(C)A claim for
benefits shall be disallowed when the individual has reasonable assurance of
employment with either the same employer or a different athletic employer for
the next sports season.
(D)When an athlete
performs services in nonathletic employment in addition to athletic employment,
and the athlete has reasonable assurance of employment for the next sports
season, claims for benefits shall be disallowed between sports seasons even if
the nonathletic employment was sufficient to establish a valid application for
determination of benefit rights.
Five Year Review (FYR) Dates: 2/17/2022 and 02/17/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 02/17/2022
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.33
Prior Effective Dates: 07/03/1986, 02/22/2004, 12/15/2011,
03/28/2017