-CITE-

5 USC CHAPTER 85 - UNEMPLOYMENT COMPENSATION 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

.

-HEAD-

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

-MISC1-

SUBCHAPTER I - EMPLOYEES GENERALLY

Sec.

8501. Definitions.

8502. Compensation under State agreement.

8503. Compensation absent State agreement.

8504. Assignment of Federal service and wages.

8505. Payments to States.

8506. Dissemination of information.

8507. False statements and misrepresentations.

8508. Regulations.

8509. Federal Employees Compensation Account.

SUBCHAPTER II - EX-SERVICEMEN

8521. Definitions; application.

8522. Assignment of Federal service and wages.

8523. Dissemination of information.

8524. Repealed.

8525. Effect on other statutes.

AMENDMENTS

1992 - Pub. L. 102-378, Sec. 2(73), Oct. 2, 1992, 106 Stat. 1355,

added item 8509.

1975 - Pub. L. 94-183, Sec. 2(42), Dec. 31, 1975, 89 Stat. 1059,

substituted ''Repealed'' for ''Accrued leave'' in item 8524.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 2 sections 60c-5, 906; title

18 section 1919; title 19 section 2319; title 22 sections 3664,

7002; title 28 section 996; title 49 section 40122.

-CITE-

5 USC SUBCHAPTER I - EMPLOYEES GENERALLY 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

.

-HEAD-

SUBCHAPTER I - EMPLOYEES GENERALLY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3373, 8521 of this

title; title 39 section 1005.

-CITE-

5 USC Sec. 8501 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8501. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''Federal service'' means service performed after 1952 in

the employ of the United States or an instrumentality of the

United States which is wholly or partially owned by the United

States, but does not include service (except service to which

subchapter II of this chapter applies) performed -

(A) by an elective official in the executive or legislative

branch;

(B) as a member of the armed forces or the Commissioned Corps

of the National Oceanic and Atmospheric Administration;

(C) by members of the Foreign Service for whom payments are

provided under section 609(b)(1) of the Foreign Service Act of

1980;

(D) outside the United States, the Commonwealth of Puerto

Rico, and the Virgin Islands by an individual who is not a

citizen of the United States;

(E) by an individual excluded by regulations of the Office of

Personnel Management from the operation of subchapter III of

chapter 83 of this title because he is paid on a contract or

fee basis;

(F) by an individual receiving nominal pay and allowances of

$12 or less a year;

(G) in a hospital, home, or other institution of the United

States by a patient or inmate thereof;

(H) by a student-employee as defined by section 5351 of this

title;

(I) by an individual serving on a temporary basis in case of

fire, storm, earthquake, flood, or other similar emergency;

(J) by an individual employed under a Federal relief program

to relieve him from unemployment;

(K) as a member of a State, county, or community committee

under the Agricultural Stabilization and Conservation Service

or of any other board, council, committee, or other similar

body, unless the board, council, committee, or other body is

composed exclusively of individuals otherwise in the full-time

employ of the United States; or

(L) by an officer or a member of the crew on or in connection

with an American vessel -

(i) owned by or bareboat chartered to the United States;

and

(ii) whose business is conducted by a general agent of the

Secretary of Commerce;

if contributions on account of the service are required to be

made to an unemployment fund under a State unemployment

compensation law under section 3305(g) of title 26;

(2) ''Federal wages'' means all pay and allowances, in cash and

in kind, for Federal service;

(3) ''Federal employee'' means an individual who has performed

Federal service;

(4) ''compensation'' means cash benefits payable to an

individual with respect to his unemployment including any portion

thereof payable with respect to dependents;

(5) ''benefit year'' means the benefit year as defined by the

applicable State unemployment compensation law, and if not so

defined the term means the period prescribed in the agreement

under this subchapter with a State or, in the absence of such an

agreement, the period prescribed by the Secretary of Labor;

(6) ''State'' means the several States, the District of

Columbia, the Commonwealth of Puerto Rico, and the Virgin

Islands;

(7) ''United States'', when used in a geographical sense, means

the States; and

(8) ''base period'' means the base period as defined by the

applicable State unemployment compensation law for the benefit

year.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 585; Pub. L. 94-566, title

I, Sec. 116(e)(1), title II, Sec. 214(b), Oct. 20, 1976, 90 Stat.

2672, 2678; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13,

1978, 92 Stat. 1224; Pub. L. 96-215, Sec. 4(a), Mar. 25, 1980, 94

Stat. 124; Pub. L. 96-465, title II, Sec. 2314(h), Oct. 17, 1980,

94 Stat. 2168.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1361. Sept. 1, 1954, ch.

1212, Sec. 4(a)

''Sec. 1501'', 68

Stat. 1130.

Aug. 28, 1958, Pub.

L. 85-848, Sec. 2,

72 Stat. 1087.

July 12, 1960, Pub.

L. 86-624, Sec.

30(g), 74 Stat.

420.

Sept. 13, 1960, Pub.

L. 86-778, Sec.

531(e), 542(d), 74

Stat. 984, 986.

-------------------------------

Clause (4) of former section 1361(a) is omitted as obsolete.

In paragraph (1)(A), the word ''official'' is substituted for

''officer'' because of the definition of ''officer'' in section

2104. The words ''of the Government of the United States'' are

omitted as unnecessary.

In paragraph (1)(E), the words ''by regulations of the Civil

Service Commission from the operation of subchapter III of chapter

83 of this title'' are substituted for ''by Executive order from

the operation of the Civil Service Retirement Act of 1930'' on

authority of the Civil Service Retirement Act Amendments of 1956,

which are carried into subchapter III of chapter 83.

In paragraph (1)(K), the words ''Agricultural Stabilization and

Conservation Service'' are substituted for ''Production and

Marketing Administration'' on authority of Secretary's memorandum

1320, supp. 4 of November 2, 1953.

In paragraph (1)(L), the words ''section 1606(g) of Title 26,

Internal Revenue Code of 1939'' in former section 1361(a)(13) are

omitted as obsolete.

The last sentence of former section 1361 is omitted as its

substance is included in paragraph (1)(D).

Former section 1361(f) is omitted as unnecessary as the full

title of the Secretary of Labor is set out the first time it is

used in each section.

Paragraphs (6) and (7) are added on authority of section

1101(a)(1), (2) of the Act of Aug. 14, 1935, ch. 531, 49 Stat. 647,

as amended; 42 U.S.C. 1301(a)(1), (2).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 609(b)(1) of the Foreign Service Act of 1980, referred to

in par. (1)(C), is classified to section 4009(b)(1) of Title 22,

Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

1980 - Par. (1)(B). Pub. L. 96-215 inserted ''or the Commissioned

Corps of the National Oceanic and Atmospheric Administration''

after ''armed forces''.

Par. (1)(C). Pub. L. 96-465 substituted ''members of the Foreign

Service for whom payments are provided under section 609(b)(1) of

the Foreign Service Act of 1980'' for ''Foreign Service personnel

for whom special separation allowances are provided under chapter

14 of title 22''.

1978 - Par. (1)(E). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

1976 - Par. (6). Pub. L. 94-566, Sec. 116(e)(1), added the Virgin

Islands in definition of ''State''.

Par. (8). Pub. L. 94-566, Sec. 214(b), added par. (8).

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

Section 4(c) of Pub. L. 96-215 provided that: ''The amendments

made by this section (amending this section and section 8521 of

this title) shall apply with respect to assignments of services and

wages pursuant to any first claim (for a benefit year) which is

filed after the date of the enactment of this Act (Mar. 25,

1980).''

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 116(e)(1) of Pub. L. 94-566 applicable with

respect to benefit years beginning on or after the later of Oct. 1,

1976, or the first day of the first week for which compensation

becomes payable under an unemployment compensation law of the

Virgin Islands which is approved by the Secretary of Labor under

section 3304(a) of Title 26, Internal Revenue Code, see section

116(f)(3) of Pub. L. 94-566, set out as a note under section 3304

of Title 26.

Section 214(c) of Pub. L. 94-566 provided that: ''The amendments

made by this section (amending this section and section 8505 of

this title) shall apply with regard to compensation paid on the

basis of claims for compensation filed on or after July 1, 1977''.

TEMPORARY 1990 CENSUS SERVICES CONSTITUTING FEDERAL SERVICE

Determination respecting temporary 1990 census services as

Federal service for purposes of this subchapter, see section 141 of

Pub. L. 101-382, set out as a note under section 23 of Title 13,

Census.

-CITE-

5 USC Sec. 8502 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8502. Compensation under State agreement

-STATUTE-

(a) The Secretary of Labor, on behalf of the United States, may

enter into an agreement with a State, or with an agency

administering the unemployment compensation law of a State, under

which the State agency shall -

(1) pay, as agent of the United States, compensation under this

subchapter to Federal employees; and

(2) otherwise cooperate with the Secretary and with other State

agencies in paying compensation under this subchapter.

(b) The agreement shall provide that compensation will be paid by

the State to a Federal employee in the same amount, on the same

terms, and subject to the same conditions as the compensation which

would be payable to him under the unemployment compensation law of

the State if his Federal service and Federal wages assigned under

section 8504 of this title to the State had been included as

employment and wages under that State law.

((c) Repealed. Pub. L. 90-83, Sec. 1(86)(B), Sept. 11, 1967, 81

Stat. 218.)

(d) A determination by a State agency with respect to entitlement

to compensation under an agreement is subject to review in the same

manner and to the same extent as determinations under the State

unemployment compensation law, and only in that manner and to that

extent.

(e) Each agreement shall provide the terms and conditions on

which it may be amended or terminated.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 586; Pub. L. 90-83, Sec.

1(86), Sept. 11, 1967, 81 Stat. 218.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1362. Sept. 1, 1954, ch.

1212, Sec. 4(a)

''Sec. 1502'', 68

Stat. 1131.

Sept. 13, 1960, Pub.

L. 86-778, Sec.

542(b)(1)(A), 74

Stat. 985.

-------------------------------

In subsection (a), the words ''under this subchapter'' are

substituted for ''on the basis provided in subsection (b) of this

section''.

In subsection (b), the words ''with respect to unemployment after

December 31, 1954'' are omitted as obsolete.

In subsection (c), the words ''with respect to unemployment after

December 31, 1960'' are omitted as obsolete. In the last sentence,

the application to section 8503(b) is omitted and carried into that

section.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section amends 5 U.S.C. 8502 to eliminate certain provisions

that are now obsolete. The obsolete provisions were based on

section 542(b)(1)(A) of the act of September 13, 1960, 74 Stat.

985, that amended section 1502(b) of the Social Security Act

effective January 1, 1961, but only in the case of weeks of

unemployment beginning before January 1, 1966. Any existing rights

are preserved by section 7 of this bill.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8507, 8523 of this title.

-CITE-

5 USC Sec. 8503 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8503. Compensation absent State agreement

-STATUTE-

(a) In the case of a Federal employee whose Federal service and

Federal wages are assigned under section 8504 of this title to a

State which does not have an agreement with the Secretary of Labor,

the Secretary, under regulations prescribed by him, shall, on the

filing by the Federal employee of a claim for compensation under

this subsection, pay compensation to him in the same amount, on the

same terms, and subject to the same conditions as would be paid to

him under the unemployment compensation law of the State if his

Federal service and Federal wages had been included as employment

and wages under that State law. However, if the Federal employee,

without regard to his Federal service and Federal wages, has

employment or wages sufficient to qualify for compensation during

the benefit year under that State law, then payments of

compensation under this subsection may be made only on the basis of

his Federal service and Federal wages.

(b) A Federal employee whose claim for compensation under

subsection (a) of this section is denied is entitled to a fair

hearing under regulations prescribed by the Secretary. A final

determination by the Secretary with respect to entitlement to

compensation under this section is subject to review by the courts

in the same manner and to the same extent as is provided by section

405(g) of title 42.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 587; Pub. L. 90-83, Sec.

1(87), Sept. 11, 1967, 81 Stat. 218; Pub. L. 94-566, title I, Sec.

116(e)(2), Oct. 20, 1976, 90 Stat. 2673.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1363. Sept. 1, 1954, ch.

1212, Sec. 4(a)

''Sec. 1503'', 68

Stat. 1132.

Sept. 13, 1960, Pub.

L. 86-778, Sec.

542(b)(1)(B), (C),

(c)(1), 74 Stat.

986.

-------------------------------

In subsections (a) and (b), the words ''with respect to

unemployment after December 31, 1954'' are omitted as obsolete.

In subsection (b), the last sentence is added on authority of the

last sentence of former section 1362(b), which section is carried

into section 8502.

In subsection (c), the words ''with respect to final decisions of

the Secretary of Health, Education, and Welfare under subchapter II

of this chapter'' are omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8503(b) (Uncodified). Sept. 13, 1960, Pub.

L. 86-778, Sec.

542(a)(1), 74 Stat.

985.

-------------------------------

This section also amends 5 U.S.C. 8503 to eliminate certain

provisions that are now obsolete. The obsolete provisions were

based on section 542(b)(1)(B) and (C) of the act of September 13,

1960, 74 Stat. 986, that amended section 1503 (a) and (b) of the

Social Security Act effective January 1, 1961, but only in the case

of weeks of unemployment beginning before January 1, 1966. Any

existing rights are preserved by section 7 of this bill.

AMENDMENTS

1976 - Subsecs. (b), (c). Pub. L. 94-566, Sec. 116(e)(2),

redesignated subsec. (c) as (b) and substituted ''subsection (a)''

for ''subsection (a) or (b)''. Former subsec. (b), which made

special provision for Federal employees whose Federal service and

Federal wages were assigned to the Virgin Islands, was struck out.

Subsec. (d). Pub. L. 94-566, Sec. 116(e)(2)(A), struck out

subsec. (d) which authorized the Secretary to use the personnel and

facilities of the agency in the Virgin Islands cooperating with the

United States Employment Service.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-566 applicable with respect to benefit

years beginning on or after later of Oct. 1, 1976, or first day of

first week for which compensation becomes payable under an

unemployment compensation law of Virgin Islands which is approved

by Secretary of Labor under section 3304(a) of Title 26, Internal

Revenue Code, see section 116(f)(3) of Pub. L. 94-566, set out as a

note under section 3304 of Title 26.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8507, 8523 of this title.

-CITE-

5 USC Sec. 8504 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8504. Assignment of Federal service and wages

-STATUTE-

Under regulations prescribed by the Secretary of Labor, the

Federal service and Federal wages of a Federal employee shall be

assigned to the State in which he had his last official station in

Federal service before the filing of his first claim for

compensation for the benefit year. However -

(1) if, at the time of filing his first claim, he resides in

another State in which he performed, after the termination of his

Federal service, service covered under the unemployment

compensation law of the other State, his Federal service and

Federal wages shall be assigned to the other State; and

(2) if his last official station in Federal service, before

filing his first claim, was outside the United States, his

Federal service and Federal wages shall be assigned to the State

where he resides at the time he files his first claim.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 588; Pub. L. 90-83, Sec.

1(88), Sept. 11, 1967, 81 Stat. 218; Pub. L. 94-566, title I, Sec.

116(e)(3), Oct. 20, 1976, 90 Stat. 2673.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1364. Sept. 1, 1954, ch.

1212, Sec. 4(a)

''Sec. 1504'', 68

Stat. 1133.

Sept. 13, 1960, Pub.

L. 86-778, Sec.

542(b)(2), 74 Stat.

986.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8504(3) (Uncodified). Sept. 13, 1960, Pub.

L. 86-778, Sec.

542(a)(2), 74 Stat.

985.

-------------------------------

This section also amends 5 U.S.C. 8504 to eliminate certain

provisions that are now obsolete. The obsolete provisions were

based on section 542(b)(2) of the act of September 13, 1960, 74

Stat. 986, that amended section 1504 of the Social Security Act

effective January 1, 1961, but only in the case of first claims

filed before January 1, 1966. Any existing rights are preserved by

section 7 of this bill.

AMENDMENTS

1976 - Par. (3). Pub. L. 94-566 struck out par. (3) which covered

the assignment to the Virgin Islands of the Federal service and

Federal wages of Federal employees whose first claims were filed

while residing in the Virgin Islands.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-566 applicable with respect to benefit

years beginning on or after later of Oct. 1, 1976, or first day of

first week for which compensation becomes payable under an

unemployment compensation law of Virgin Islands which is approved

by Secretary of Labor under section 3304(a) of Title 26, Internal

Revenue Code, see section 116(f)(3), set out as a note under

section 3304 of Title 26.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8502, 8503, 8522 of this

title.

-CITE-

5 USC Sec. 8505 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8505. Payments to States

-STATUTE-

(a) Each State is entitled to be paid by the United States with

respect to each individual whose base period wages included Federal

wages an amount which shall bear the same ratio to the total amount

of compensation paid to such individual as the amount of his

Federal wages in his base period bears to the total amount of his

base period wages.

(b) Each State shall be paid, either in advance or by way of

reimbursement, as may be determined by the Secretary of Labor, the

sum that the Secretary estimates the State is entitled to receive

under this subchapter for each calendar month. The sum shall be

reduced or increased by the amount which the Secretary finds that

his estimate for an earlier calendar month was greater or less than

the sum which should have been paid to the State. An estimate may

be made on the basis of a statistical, sampling, or other method

agreed on by the Secretary and the State agency.

(c) The Secretary, from time to time, shall certify to the

Secretary of the Treasury the sum payable to each State under this

section. The Secretary of the Treasury, before audit or settlement

by the General Accounting Office, shall pay the State in accordance

with the certification from the funds for carrying out the purposes

of this subchapter.

(d) Money paid a State under this subchapter may be used solely

for the purposes for which it is paid. Money so paid which is not

used for these purposes shall be returned, at the time specified by

the agreement, to the Treasury of the United States and credited to

current applicable appropriations, funds, or accounts from which

payments to States under this subchapter may be made.

(e) An agreement may -

(1) require each State officer or employee who certifies

payments or disburses funds under the agreement, or who otherwise

participates in its performance, to give a surety bond to the

United States in the amount the Secretary considers necessary;

and

(2) provide for payment of the cost of the bond from funds for

carrying out the purposes of this subchapter.

(f) In the absence of gross negligence or intent to defraud the

United States, an individual designated by the Secretary, or

designated under an agreement, as a certifying official is not

liable for the payment of compensation certified by him under this

subchapter.

(g) In the absence of gross negligence or intent to defraud the

United States, a disbursing official is not liable for a payment by

him under this subchapter if it was based on a voucher signed by a

certifying official designated as provided by subsection (f) of

this section.

(h) For the purpose of payments made to a State under subchapter

III of chapter 7 of title 42, administration by a State agency

under an agreement is deemed a part of the administration of the

State unemployment compensation law.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 588; Pub. L. 94-566, title

II, Sec. 214(a), Oct. 20, 1976, 90 Stat. 2678.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1366. Sept. 1, 1954, ch.

1212, Sec. 4(a)

''Sec. 1506'', 68

Stat. 1133.

-------------------------------

In the first sentence of subsection (d), the word ''may'' is

substituted for ''shall'' since the sentence does not direct the

use of the money, rather it limits the purposes for which the money

may be used.

In subsections (f) and (g), the word ''official'' is substituted

for ''officer'' because of the definition of ''officer'' in section

2104.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-566 substituted provisions that

each State is entitled to be paid by the United States with respect

to each individual whose base period wages included Federal wages

an amount which shall bear the same ratio to the total amount of

compensation paid to such individual as the amount of his Federal

wages in his base period bears to the total amount of his base

period wages for provisions that each State is entitled to be paid

by the United States an amount equal to the additional cost to the

State of payments of compensation in accordance with an agreement

under this subchapter which would not have been made by the State

but for the agreement.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-566 applicable with regard to

compensation paid on the basis of claims for compensation filed on

or after July 1, 1977, see section 214(c) of Pub. L. 94-566, set

out as a note under section 8501 of this title.

-CITE-

5 USC Sec. 8506 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8506. Dissemination of information

-STATUTE-

(a) Each agency of the United States and each wholly or partially

owned instrumentality of the United States shall make available to

State agencies which have agreements under this subchapter, or to

the Secretary of Labor, as the case may be, such information

concerning the Federal service and Federal wages of a Federal

employee as the Secretary considers practicable and necessary for

the determination of the entitlement of the Federal employee to

compensation under this subchapter. The information shall include

the findings of the employing agency concerning -

(1) whether or not the Federal employee has performed Federal

service;

(2) the periods of Federal service;

(3) the amount of Federal wages; and

(4) the reasons for termination of Federal service.

The employing agency shall make the findings in the form and manner

prescribed by regulations of the Secretary. The regulations shall

include provision for correction by the employing agency of errors

and omissions. This subsection does not apply with respect to

Federal service and Federal wages covered by subchapter II of this

chapter.

(b) The agency administering the unemployment compensation law of

a State shall furnish the Secretary such information as he

considers necessary or appropriate in carrying out this

subchapter. The information is deemed the report required by the

Secretary for the purpose of section 503(a)(6) of title 42.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 589; Pub. L. 94-566, title

III, Sec. 313(a), Oct. 20, 1976, 90 Stat. 2680.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1367. Sept. 1, 1954, ch.

1212, Sec. 4(a)

''Sec. 1507'', 68

Stat. 1134.

Aug. 28, 1958, Pub.

L. 85-848, Sec. 4,

72 Stat. 1089.

Sept. 13, 1960, Pub.

L. 86-778, Sec.

531(f), 74 Stat.

984.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-566 struck out provision that

findings made in accordance with the Secretary's regulations were

final and conclusive for the purpose of sections 8502(d) and

8503(c) of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 313(b) of Pub. L. 94-566 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to findings made after the date of the enactment of this

Act (Oct. 20, 1976).''

-CITE-

5 USC Sec. 8507 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8507. False statements and misrepresentations

-STATUTE-

(a) If a State agency, the Secretary of Labor, or a court of

competent jurisdiction finds that an individual -

(1) knowingly has made, or caused to be made by another, a

false statement or representation of a material fact, or

knowingly has failed, or caused another to fail, to disclose a

material fact; and

(2) as a result of that action has received an amount as

compensation under this subchapter to which he was not entitled;

the individual shall repay the amount to the State agency or the

Secretary. Instead of requiring repayment under this subsection,

the State agency or the Secretary may recover the amount by

deductions from compensation payable to the individual under this

subchapter during the 2-year period after the date of the finding.

A finding by a State agency or the Secretary may be made only after

an opportunity for a fair hearing, subject to such further review

as may be appropriate under sections 8502(d) and 8503(c) of this

title.

(b) An amount repaid under subsection (a) of this section shall

be -

(1) deposited in the fund from which payment was made, if the

repayment was to a State agency; or

(2) returned to the Treasury of the United States and credited

to the current applicable appropriation, fund, or account from

which payment was made, if the repayment was to the Secretary.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 590.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1368(b). Sept. 1, 1954, ch.

1212, Sec. 4(a),

''Sec. 1508(b)'',

68 Stat. 1135.

-------------------------------

In subsection (a), the words ''as the case may be'', ''be liable

to'', and ''of any amount'' are omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8508 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8508. Regulations

-STATUTE-

The Secretary of Labor may prescribe rules and regulations

necessary to carry out this subchapter and subchapter II of this

chapter. The Secretary, insofar as practicable, shall consult with

representatives of the State unemployment compensation agencies

before prescribing rules or regulations which may affect the

performance by the State agencies of functions under agreements

under this subchapter.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 590.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1369. Sept. 1, 1954, ch.

1212, Sec. 4(a)

''Sec. 1509'', 68

Stat. 1135.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8509 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER I - EMPLOYEES GENERALLY

-HEAD-

Sec. 8509. Federal Employees Compensation Account

-STATUTE-

(a) The Federal Employees Compensation Account (as established by

section 909 of the Social Security Act, and hereafter in this

section referred to as the ''Account'') in the Unemployment Trust

Fund (as established by section 904 of such Act) shall consist of -

(1) funds appropriated to or transferred thereto, and

(2) amounts deposited therein pursuant to subsection (c).

(b) Moneys in the Account shall be available only for the purpose

of making payments to States pursuant to agreements entered into

under this chapter and making payments of compensation under this

chapter in States which do not have in effect such an agreement.

(c)(1) Each employing agency shall deposit into the Account

amounts equal to the expenditures incurred under this chapter on

account of Federal service performed by employees and former

employees of that agency.

(2) Deposits required by paragraph (1) shall be made during each

calendar quarter and the amount of the deposit to be made by any

employing agency during any quarter shall be based on a

determination by the Secretary of Labor as to the amounts of

payments, made prior to such quarter from the Account based on

Federal service performed by employees of such agency after

December 31, 1980, with respect to which deposit has not previously

been made. The amount to be deposited by any employing agency

during any calendar quarter shall be adjusted to take account of

any overpayment or underpayment of deposit during any previous

quarter for which adjustment has not already been made.

(3) If any Federal agency does not deposit in the Federal

Employees Compensation Account any amount before the date 30 days

after the date on which the Secretary of Labor has notified such

agency that it is required to so deposit such amount, the Secretary

of Labor shall notify the Secretary of the Treasury of the failure

to make such deposit and the Secretary of the Treasury shall

transfer such amount to the Federal Employees Compensation Account

from amounts otherwise appropriated to such Federal agency.

(d) The Secretary of Labor shall certify to the Secretary of the

Treasury the amount of the deposit which each employing agency is

required to make to the Account during any calendar quarter, and

the Secretary of the Treasury shall notify the Secretary of Labor

as to the date and amount of any deposit made to such Account by

any such agency.

(e) Prior to the beginning of each fiscal year (commencing with

the fiscal year which begins October 1, 1981) the Secretary of

Labor shall estimate -

(1) the amount of expenditures which will be made from the

Account during such year, and

(2) the amount of funds which will be available during such

year for the making of such expenditures,

and if, on the basis of such estimate, he determines that the

amount described in paragraph (2) is in excess of the amount

necessary -

(3) to meet the expenditures described in paragraph (1), and

(4) to provide a reasonable contingency fund so as to assure

that there will, during all times in such year, be sufficient

sums available in the Account to meet the expenditures described

in paragraph (1),

he shall certify the amount of such excess to the Secretary of the

Treasury and the Secretary of the Treasury shall transfer, from the

Account to the general fund of the Treasury, an amount equal to

such excess.

(f) The Secretary of Labor is authorized to establish such rules

and regulations as may be necessary or appropriate to carry out the

provisions of this section.

(g) Any funds appropriated after the establishment of the

Account, for the making of payments for which expenditures are

authorized to be made from moneys in the Account, shall be made to

the Account; and there are hereby authorized to be appropriated to

the Account, from time to time, such sums as may be necessary to

assure that there will, at all times, be sufficient sums available

in the Account to meet the expenditures authorized to be made from

moneys therein.

(h) For purposes of this section, the term ''Federal service''

includes Federal service as defined in section 8521(a).

-SOURCE-

(Added Pub. L. 96-499, title X, Sec. 1023(b), Dec. 5, 1980, 94

Stat. 2657; amended Pub. L. 97-362, title II, Sec. 202(a), Oct. 25,

1982, 96 Stat. 1732; Pub. L. 102-318, title V, Sec. 532(a), July 3,

1992, 106 Stat. 317.)

-REFTEXT-

REFERENCES IN TEXT

Sections 909 and 904 of the Social Security Act, referred to in

subsec. (a), are classified to sections 1109 and 1104,

respectively, of Title 42, The Public Health and Welfare.

-MISC2-

AMENDMENTS

1992 - Subsec. (c)(3). Pub. L. 102-318 added par. (3).

1982 - Subsecs. (b), (c)(1). Pub. L. 97-362, Sec. 202(a)(1),

substituted ''chapter'' for ''subchapter'' wherever appearing.

Subsec. (h). Pub. L. 97-362, Sec. 202(a)(2), added subsec. (h).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 532(b) of Pub. L. 102-318 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to

failures outstanding on the date of the enactment of this Act (July

3, 1992) or at any time thereafter.''

EFFECTIVE DATE OF 1982 AMENDMENT

Section 202(b)(1) of Pub. L. 97-362 provided that: ''The

amendments made by subsection (a) (amending this section) shall

take effect on October 1, 1983.''

TRANSFER OF APPROPRIATED UNEMPLOYMENT COMPENSATION FUNDS

Pub. L. 97-362, title II, Sec. 202(b)(2), Oct. 25, 1982, 96 Stat.

1733, provided that: ''All funds appropriated which are available

(on October 1, 1983) for the making of payments to States under

chapter 85 of title 5, United States Code, on the basis of Federal

service (as defined in section 8521(a) of such title 5) or for the

making of payments under such chapter on the basis of such service

in States which do not have in effect an agreement under such

chapter, shall be transferred on such date to the Federal Employees

Compensation Account established by section 909 of the Social

Security Act (42 U.S.C. 1109). On and after such date, all payments

described in the preceding sentence shall be made from such account

as provided by section 8509 of such title 5.''

Section 1023(c) of Pub. L. 96-499 provided that: ''All funds

appropriated which are available for the making of payments to

States after December 31, 1980, pursuant to agreements entered into

under subchapter I of chapter 85 of title 5, United States Code, or

for the making of payments after such date of compensation under

such subchapter in States which do not have in effect such an

agreement, shall be transferred on January 1, 1981, to the Federal

Employees Compensation Account established by section 909 of the

Social Security Act (42 U.S.C. 1109). On and after such date, all

payments described in the preceding sentence shall be made from

such Account as provided by section 8509 of title 5, United States

Code.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1109.

-CITE-

5 USC SUBCHAPTER II - EX-SERVICEMEN 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER II - EX-SERVICEMEN

.

-HEAD-

SUBCHAPTER II - EX-SERVICEMEN

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 8501, 8506, 8508 of

this title.

-CITE-

5 USC Sec. 8521 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER II - EX-SERVICEMEN

-HEAD-

Sec. 8521. Definitions; application

-STATUTE-

(a) For the purpose of this subchapter -

(1) ''Federal service'' means active service (not including

active duty in a reserve status unless for a continuous period of

90 days or more) in the armed forces or the Commissioned Corps of

the National Oceanic and Atmospheric Administration if with

respect to that service -

(A) the individual was discharged or released under honorable

conditions (and, if an officer, did not resign for the good of

the service); and

(B)(i) the individual was discharged or released after

completing his first full term of active service which the

individual initially agreed to serve, or

(ii) the individual was discharged or released before

completing such term of active service -

(I) for the convenience of the Government under an early

release program,

(II) because of medical disqualification, pregnancy,

parenthood, or any service-incurred injury or disability,

(III) because of hardship, or

(IV) because of personality disorders or inaptitude but

only if the service was continuous for 365 days or more;

(2) ''Federal wages'' means all pay and allowances, in cash and

in kind, for Federal service, computed on the basis of the pay

and allowances for the pay grade of the individual at the time of

his latest discharge or release from Federal service as specified

in the schedule applicable at the time he files his first claim

for compensation for the benefit year. The Secretary of Labor

shall issue, from time to time, after consultation with the

Secretary of Defense, schedules specifying the pay and allowances

for each pay grade of servicemen covered by this subchapter,

which reflect representative amounts for appropriate elements of

the pay and allowances whether in cash or in kind; and

(3) ''State'' means the several States, the District of

Columbia, the Commonwealth of Puerto Rico, and the Virgin

Islands.

(b) The provisions of subchapter I of this chapter, subject to

the modifications made by this subchapter, apply to individuals who

have had Federal service as defined by subsection (a) of this

section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 590; Pub. L. 90-83, Sec.

1(89), Sept. 11, 1967, 81 Stat. 218; Pub. L. 94-566, title I, Sec.

116(e)(4), Oct. 20, 1976, 90 Stat. 2673; Pub. L. 96-215, Sec. 4(b),

Mar. 25, 1980, 94 Stat. 124; Pub. L. 96-364, title IV, Sec. 415(a),

Sept. 26, 1980, 94 Stat. 1310; Pub. L. 97-35, title XXIV, Sec.

2405(a), Aug. 13, 1981, 95 Stat. 876; Pub. L. 97-362, title II,

Sec. 201(a), (b), Oct. 25, 1982, 96 Stat. 1732; Pub. L. 102-164,

title III, Sec. 301(a), (b), Nov. 15, 1991, 105 Stat. 1059.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1371 (a)- Aug. 28, 1958, Pub.

(c). L. 85-848, Sec. 3

''Sec. 1511(a)-

(c)'', 72 Stat.

1088.

-------------------------------

In subsection (a)(1), the words ''armed forces'' are coextensive

with and substituted for ''Army, Navy, Air Force, Marine Corps, or

Coast Guard of the United States'' in view of the definition of

''armed forces'' in section 2101. The words ''after October 27,

1958'' are substituted for ''after the sixtieth day after August

28, 1958''.

In subsection (b), the words ''with respect to weeks of

unemployment ending after the sixtieth day after August 28, 1958''

are omitted as obsolete because the law is here stated with

prospective effect.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This incorporates into 5 U.S.C. 8521 the definition of ''State''

which is applicable to the source statute of that section by virtue

of section 1301(a)(1) of title 42.

-COD-

CODIFICATION

Section 8 of Pub. L. 102-107, Aug. 17, 1991, 105 Stat. 546, which

contained provisions substantially identical to those of section

301 of Pub. L. 102-164, amending this section and enacting

provisions set out below, did not become effective pursuant to

section 10(b) of Pub. L. 102-107, because the President did not

take the action required by that section by Aug. 17, 1991.

-MISC3-

AMENDMENTS

1991 - Subsec. (a)(1). Pub. L. 102-164, Sec. 301(b), substituted

''90 days'' for ''180 days''.

Subsec. (c). Pub. L. 102-164, Sec. 301(a), struck out subsec. (c)

which read as follows:

''(1) An individual shall not be entitled to compensation under

this subchapter for any week before the fifth week beginning after

the week in which the individual was discharged or released.

''(2) The aggregate amount of compensation payable on the basis

of Federal service (as defined in subsection (a)) to any individual

with respect to any benefit year shall not exceed 13 times the

individual's weekly benefit amount for total unemployment.''

1982 - Subsec. (a)(1). Pub. L. 97-362, Sec. 201(a), substituted

provision that ''Federal service'' means active service (not

including active duty in a reserve status unless for a continuous

period of 180 days or more) in the armed forces or the Commissioned

Corps of the National Oceanic and Atmospheric Administration if

with respect to that service the individual was discharged or

released under honorable conditions (and, if an officer, did not

resign for the good of the service), and the individual was

discharged or released after completing his first full term of

active service which the individual initially agreed to serve, or

the individual was discharged or released before completing such

term of active service for the convenience of the Government under

an early release program, because of medical disqualification,

pregnancy, parenthood, or any service-incurred injury or

disability, because of hardship, or because of personality

disorders or inaptitude but only if the service was continuous for

365 days or more, for provision that ''Federal service'' meant

active service, including active duty for training purposes, in the

armed forces or the Commissioned Corps of the National Oceanic and

Atmospheric Administration which either began after January 31,

1955, or terminated after October 27, 1958, if that service was

continuous for 365 days or more, or was terminated earlier because

of an actual service-incurred injury or disability, and with

respect to that service, the individual was discharged or released

under honorable conditions, did not resign or voluntarily leave the

service, and was not released or discharged for cause as defined by

the Department of Defense.

Subsec. (c). Pub. L. 97-362, Sec. 201(b), added subsec. (c).

1981 - Subsec. (a)(1)(B). Pub. L. 97-35 substituted ''honorable

conditions;'' for ''conditions other than dishonorable; and'' in

cl. (i), and ''did not resign or voluntarily leave the service;

and'' for ''was not given a bad conduct discharge, or, if an

officer, did not resign for the good of the service;'' in cl. (ii),

and added cl. (iii).

1980 - Subsec. (a)(1). Pub. L. 96-215 inserted ''or the

Commissioned Corps of the National Oceanic and Atmospheric

Administration'' after ''armed forces'' in provisions preceding

subpar. (A).

Subsec. (a)(1)(A). Pub. L. 96-364 substituted ''365'' for ''90''.

1976 - Subsec. (a)(3). Pub. L. 94-566 added the Virgin Islands to

definition of ''State''.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 301(c) of Pub. L. 102-164 provided that: ''The amendments

made by this section (amending this section) shall apply to weeks

of unemployment beginning on or after the date of the enactment of

this Act (Nov. 15, 1991).''

EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITIONAL RULE

Section 201(c) of Pub. L. 97-362 provided that:

''(1) In general. - Except as provided in paragraph (2), the

amendments made by this section (amending this section), shall

apply with respect to terminations of service on or after July 1,

1981, but only for purposes of determining eligibility for benefits

for weeks of unemployment beginning after the date of the enactment

of this Act (Oct. 25, 1982).

''(2) Transitional rule. - The amendments made by this section

shall not apply to the extent that such amendments would (but for

this paragraph) reduce the amount of compensation payable in the

case of benefit years established before the date of the enactment

of this Act (Oct. 25, 1982).''

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2405(b) of Pub. L. 97-35 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to terminations of service on or after July 1, 1981, but

only in the case of weeks of unemployment beginning after the date

of the enactment of this Act (Aug. 13, 1981).''

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 415(b) of Pub. L. 96-364 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to determinations of Federal service in the case of

individuals filing claims for unemployment compensation on or after

October 1, 1980.''

Amendment by Pub. L. 96-215 applicable with respect to

assignments of services and wages pursuant to any first claim (for

a benefit year) which is filed after Mar. 25, 1980, see section

4(c) of Pub. L. 96-215, set out as a note under section 8501 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-566 applicable with respect to benefit

years beginning on or after later of Oct. 1, 1976, or first day of

first week for which compensation becomes payable under an

unemployment compensation law of Virgin Islands which is approved

by Secretary of Labor under section 3304(a) of Title 26, Internal

Revenue Code, see section 116(f)(3) of Pub. L. 94-566, set out as a

note under section 3304 of Title 26.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all

purposes, see section 9(h) of Pub. L. 90-83, set out as a note

under section 5102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8509, 8523 of this title;

title 19 section 2291.

-CITE-

5 USC Sec. 8522 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER II - EX-SERVICEMEN

-HEAD-

Sec. 8522. Assignment of Federal service and wages

-STATUTE-

Notwithstanding section 8504 of this title, Federal service and

Federal wages not previously assigned shall be assigned to the

State in which the claimant first files claim for unemployment

compensation after his latest discharge or release from Federal

service. This assignment is deemed as assignment under section

8504 of this title for the purpose of this subchapter.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 591; Pub. L. 94-566, title

I, Sec. 116(e)(5), Oct. 20, 1976, 90 Stat. 2673.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1371(e). Aug. 28, 1958, Pub.

L. 85-848, Sec. 3

''Sec. 1511(e)'',

72 Stat. 1088.

Sept. 13, 1960, Pub.

L. 86-778, Sec.

542(c)(2), 74 Stat.

986.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1976 - Pub. L. 94-566 struck out ''or to the Virgin Islands, as

the case may be,'' after ''shall be assigned to the State''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-566 applicable with respect to benefit

years beginning on or after later of Oct. 1, 1976, or first day of

first week for which compensation becomes payable under an

unemployment compensation law of Virgin Islands which is approved

by Secretary of Labor under section 3304(a) of Title 26, Internal

Revenue Code, see section 116(f)(3) of Pub. L. 94-566, set out as a

note under section 3304 of Title 26.

-CITE-

5 USC Sec. 8523 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER II - EX-SERVICEMEN

-HEAD-

Sec. 8523. Dissemination of information

-STATUTE-

(a) When designated by the Secretary of Labor, an agency of the

United States shall make available to the appropriate State agency

or to the Secretary, as the case may be, such information,

including findings in the form and manner prescribed by regulations

of the Secretary, as the Secretary considers practicable and

necessary for the determination of the entitlement of an individual

to compensation under this subchapter.

(b) Subject to correction of errors and omissions as prescribed

by regulations of the Secretary, the following are final and

conclusive for the purpose of sections 8502(d) and 8503(c) of this

title:

(1) Findings by an agency of the United States made in

accordance with subsection (a) of this section with respect to -

(A) whether or not an individual has met any condition

specified by section 8521(a)(1) of this title;

(B) the periods of Federal service; and

(C) the pay grade of the individual at the time of his latest

discharge or release from Federal service.

(2) The schedules of pay and allowances prescribed by the

Secretary under section 8521(a)(2) of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 591.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 1371(d). Aug. 28, 1958, Pub.

L. 85-848, Sec. 3

''Sec. 1511(d)'',

72 Stat. 1088.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 8524 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER II - EX-SERVICEMEN

-HEAD-

(Sec. 8524. Repealed. Pub. L. 91-373, title I, Sec. 107, Aug. 10,

1970, 84 Stat. 701)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 591, provided

that a payment to ex-servicemen for unused accrued leave was to be

deemed to continue Federal service during period after termination

with respect to which the serviceman received payment and that such

payment was to be deemed Federal wages subject to regulations

concerning allocation over the period after termination.

EFFECTIVE DATE OF REPEAL

Section 107 of Pub. L. 91-373 provided that the repeal is

effective with respect to benefit years which begin more than 30

days after the date of enactment of Pub. L. 91-373, which was

approved on Aug. 10, 1970.

-CITE-

5 USC Sec. 8525 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart G - Insurance and Annuities

CHAPTER 85 - UNEMPLOYMENT COMPENSATION

SUBCHAPTER II - EX-SERVICEMEN

-HEAD-

Sec. 8525. Effect on other statutes

-STATUTE-

((a) Repealed. Pub. L. 90-83, Sec. 1(90), Sept. 11, 1967, 81

Stat. 219.)

(b) An individual is not entitled to compensation under this

subchapter for any period with respect to which he receives -

(1) a subsistence allowance under chapter 31 of title 38 or

under part VIII of Veterans Regulation Numbered 1(a); or

(2) an educational assistance allowance under chapter 35 of

title 38.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 591; Pub. L. 90-83, Sec.

1(90), Sept. 11, 1967, 81 Stat. 219.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

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42 U.S.C. 1371(g)- Aug. 28, 1958, Pub.

(i). L. 85-848, Sec. 3

''Sec. 1511 (g)-

(i)'', 72 Stat.

1089. Sept. 2,

1958, Pub. L. 85-

857, Sec. 13(i)(3),

72 Stat. 1265.

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In subsection (b), the words ''an education and training

allowance under subsection (a), (b), (c), or (d) of section 1632 of

title 38'' are omitted as obsolete. The authority to pay an

education and training allowance under section 1632 of title 38

terminated on January 31, 1965, pursuant to section 1613(a) of

title 38.

Section 1371(i) of title 42, providing that certain individuals

are not entitled to unemployment compensation under the provisions

of subchapter I of chapter 41 of title 38, is omitted as obsolete.

Subchapter I of chapter 41 of title 38, which related to

unemployment compensation for Korean conflict veterans, was

repealed by the Act of Sept. 19, 1962, Pub. L. 87-675, 76 Stat.

558.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section deletes subsection (a) of 5 U.S.C. 8525. That

subsection is now obsolete in view of the repeal, effective July 1,

1966, of chapter 43 of title 38, U.S.C., by Public Law 89-50,

section 1(a) (79 Stat. 173).

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