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42 U.S.C. § 1361 to 1364 — Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 658, 660, 661
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1361, act Aug. 14, 1935, ch. 531, title XV, § 1501, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1130; amended Aug. 28, 1958, Pub. L. 85–848, § 2, 72 Stat. 1087; July 12, 1960, Pub. L. 86–624, § 30(g), 74 Stat. 420; Sept. 13, 1960, Pub. L. 86–778, title V, §§ 531(e), 542(d), 74 Stat. 984, 986, defined terms used in this subchapter. See [section 8501 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8501&num=0&edition=prelim), Government Organization and Employees.
Pub. L. 90–248, title IV, § 403(f), Jan. 2, 1968, 81 Stat. 932, amended section 1361(a)(6), (9), without reference to repeal of such section by Pub. L. 89–554, § 8(a).
Section 1362, act Aug. 14, 1935, ch. 531, title XV, § 1502, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1131; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 543(b)(1)(A), 74 Stat. 985, provided for compensation of Federal employees under State agreements. See [section 8502 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8502&num=0&edition=prelim).
Section 1363, act Aug. 14, 1935, ch. 531, title XV, § 1503, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1132; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 543(b)(1)(B), (C), (c)(1), 74 Stat. 986, provided for compensation of Federal employees in absence of State agreement. See [section 8503 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8503&num=0&edition=prelim).
Section 1364, act Aug. 14, 1935, ch. 531, title XV, § 1504, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1133; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 542(b)(2), 74 Stat. 986, related to assignment to State of Federal service and wages. See [section
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Source location: Title 42, Chapter 7, § 1361 to 1364; chapter-007-social-security.md
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### Statutory Notes
Section 1361, act Aug. 14, 1935, ch. 531, title XV, § 1501, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1130; amended Aug. 28, 1958, Pub. L. 85–848, § 2, 72 Stat. 1087; July 12, 1960, Pub. L. 86–624, § 30(g), 74 Stat. 420; Sept. 13, 1960, Pub. L. 86–778, title V, §§ 531(e), 542(d), 74 Stat. 984, 986, defined terms used in this subchapter. See [section 8501 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8501&num=0&edition=prelim), Government Organization and Employees.
Pub. L. 90–248, title IV, § 403(f), Jan. 2, 1968, 81 Stat. 932, amended section 1361(a)(6), (9), without reference to repeal of such section by Pub. L. 89–554, § 8(a).
Section 1362, act Aug. 14, 1935, ch. 531, title XV, § 1502, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1131; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 543(b)(1)(A), 74 Stat. 985, provided for compensation of Federal employees under State agreements. See [section 8502 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8502&num=0&edition=prelim).
Section 1363, act Aug. 14, 1935, ch. 531, title XV, § 1503, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1132; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 543(b)(1)(B), (C), (c)(1), 74 Stat. 986, provided for compensation of Federal employees in absence of State agreement. See [section 8503 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8503&num=0&edition=prelim).
Section 1364, act Aug. 14, 1935, ch. 531, title XV, § 1504, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1133; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 542(b)(2), 74 Stat. 986, related to assignment to State of Federal service and wages. See [section 8504 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8504&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5351&num=0&edition=prelim);
(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, coun
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8504&num=0&edition=prelim) to the State had been included as employment and wages under that State law.
**(c)** Repealed. Pub. L. 90–83, § 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of a Federal employee whose Federal service and Federal wages are assigned under [section 8504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8504&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section405/g&num=0&edition=prelim).
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