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42 U.S.C. § 1105 — Extended unemployment compensation account

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1105 — Extended unemployment compensation account

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Source file: Laws/federal/codes/united-states-code/title-42/section-1105-extended-unemployment-compensation-account--91d4a41652.md
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Source location: Title 42, Chapter 7, § 1105; chapter-007-social-security.md

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**(a) Establishment** There is hereby established in the Unemployment Trust Fund an extended unemployment compensation account. For the purposes provided for in [section 1104(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104/e&num=0&edition=prelim), such account shall be maintained as a separate book account. **(b) Transfers to account** (1) Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month) from the employment security administration account to the extended unemployment compensation account established by subsection (a), an amount (determined by such Secretary) equal to 20 percent of the amount by which— (A) the transfers to the employment security administration account pursuant to [section 1101(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1101/b/2&num=0&edition=prelim) during such month, exceed (B) the payments during such month from the employment security administration account pursuant to section 1101(b)(3) and (d) of this title. If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred. (2) Whenever the Secretary of the Treasury determines pursuant to [section 1101(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1101/f&num=0&edition=prelim) that there is an excess in the employment security administration account as of the close of any fiscal year beginning after June 30, 1972, there shall be transferred (as of the beginning of the succeeding fiscal year) to the extended unemployment compensation account the total amount of such excess or so much thereof as is required to increase the amount in the extended unemployment compensation account to whichever of the following is the greater: (A) $750,000,000, or (B) the amount (determined by the Secretary of Labor and certified by him to the Secretary of the Treasury) equal to 0.5 percent of the total wages subject (determined without any limitation on amount) to contributions under all State unemployment compensation laws for the calendar year ending during the fiscal year for which the excess is determined. (3) The Secretary of the Treasury shall make no transfer pursuant to paragraph (1) as of the close of any month if he determines that the amount in the extended unemployment compensation account is equal to (or in excess of) the limitation provided in paragraph (2). **(c) Transfers to State accounts** Amounts in the extended unemployment compensation account shall be available for transfer to the accounts of the States in the Unemployment Trust Fund as provided in section 204(e) of the Federal-State Extended Unemployment Compensation Act of 1970. **(d) Advances to account; repayment** There are hereby authorized to be appropriated, without fiscal year limitation, to the extended unemployment compensation account, as repayable advances, such sums as may be necessary to carry out the purposes of the Federal-State Extended Unemployment Compensation Act of 1970. Amounts appropriated as repayable advances shall be repaid by transfers from the extended unemployment compensation account to the general fund of the Treasury, at such times as the amount in the extended unemployment compensation account is determined by the Secretary of the Treasury, in consultation with the Secretary of Labor, to be adequate for such purpose. Repayments under the preceding sentence shall be made whenever the Secretary of the Treasury (after consultation with the Secretary of Labor) determines that the amount then in the account exceeds the amount necessary to meet the anticipated payments from the account during the next 3 months. Any amount transferred as a repayment under this subsection shall be credited against, and shall operate to reduce, any balance of advances repayable under this subsection. Amounts appropriated as repayable advances for purposes of this subsection shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of such advance, borne by all interest bearing obligations of the United States then forming part of the public debt; except that in cases in which such average rate is not a multiple of one-eighth of 1 percent, the rate of interest shall be the multiple of one-eighth of 1 percent next lower than such average rate.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3304 — Approval of State laws

**(a) Requirements** The Secretary of Labor shall approve any State law submitted to him, within 30 days of such submission, which he finds provides that— (1) all compensation is to be paid through public employment offices or such other agencies as the Secretary of Labor may approve; (2) no compensation shall be payable with respect to any day of unemployment occurring within 2 years after the first day of the first period with respect to which contributions are required; (3) all money received in the unemployment fund shall (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b)) immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act ([42 U.S.C. 1104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104&num=0&edition=prelim)); (4) all money withdrawn from the unemployment fund of the State shall be used solely in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b); except that— (A) an amount equal to the amount of employee payments into the unemployment fund of a State may be used in the payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration; (B) the amounts specified by section 903 (c)(2) or 903(d)(4) of the Social Security Act may, subject to the conditions prescribed in such section, be used for expenses incurred by the State for administration of its unemployment compensation law and public employment offices;

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 3304

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1101 — Employment security administration account

**(a) Establishment** There is hereby established in the Unemployment Trust Fund an employment security administration account. **(b) Amount credited to Account; transfer of funds; adjustments; repayment of internal revenue refunds** (1) There is hereby appropriated to the Unemployment Trust Fund for credit to the employment security administration account, out of any moneys in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1961, and for each fiscal year thereafter, an amount equal to 100 per centum of the tax (including interest, penalties, and additions to the tax) received during the fiscal year under the Federal Unemployment Tax Act [[26 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3301&num=0&edition=prelim) et seq.] and covered into the Treasury. (2) The amount appropriated by paragraph (1) shall be transferred at least monthly from the general fund of the Treasury to the Unemployment Trust Fund and credited to the employment security administration account. Each such transfer shall be based on estimates made by the Secretary of the Treasury of the amounts received in the Treasury. Proper adjustments shall be made in the amounts subsequently transferred, to the extent prior estimates (including estimates for the fiscal year ending June 30, 1960) were in excess of or were less than the amounts required to be transferred. (3) The Secretary of the Treasury is directed to pay from time to time from the employment security administration account into the Treasury, as repayments to the account for refunding internal revenue collections, amounts equal to all refunds made after June 30, 1960, of amounts received as tax under the Federal Unemployment Tax Act [[26 U.S.C. 3301](https://uscode.house.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1101

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3301 — Rate of tax

There is hereby imposed on every employer (as defined in section 3306(a)) for each calendar year an excise tax, with respect to having individuals in his employ, equal to 6 percent of the total wages (as defined in section 3306(b)) paid by such employer during the calendar year with respect to employment (as defined in section 3306(c)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 3301

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1103 — Amounts transferred to State accounts

**(a) Determination and certification by Secretary of Labor** (1) If as of the close of any fiscal year after the fiscal year ending June 30, 1972, the amount in the extended unemployment compensation account has reached the limit provided in [section 1105(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1105/b/2&num=0&edition=prelim) and the amount in the Federal unemployment account has reached the limit provided in [section 1102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1102/a&num=0&edition=prelim) and all advances and interest pursuant to [section 1105(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1105/d&num=0&edition=prelim) and [section 1323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1323&num=0&edition=prelim) have been repaid, and there remains in the employment security administration account any amount over the amount provided in [section 1101(f)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1101/f/3/A&num=0&edition=prelim), such excess amount, except as provided in subsection (b), shall be transferred (as of the beginning of the succeeding fiscal year) to the accounts of the States in the Unemployment Trust Fund. (2) Each State’s share of the funds to be transferred under this subsection as of any October 1— (A) shall be determined by the Secretary of Labor and certified by such Secretary to the Secretary of the Treasury before such date, and (B) shall bear the same ratio to the total amount to be so transferred as— (i) the amount of wages subject to tax under section 3301 of the Internal Revenue Code of

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1103

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1102 — Transfers between Federal unemployment account and employment security administration account

**(a) Determination of excess; amount transferred** Whenever the Secretary of the Treasury determines pursuant to [section 1101(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1101/f&num=0&edition=prelim) that there is an excess in the employment security administration account as of the close of any fiscal year and the entire amount of such excess is not retained in the employment security administration account or transferred to the extended unemployment compensation account as provided in [section 1101(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1101/f/3&num=0&edition=prelim), there shall be transferred (as of the beginning of the succeeding fiscal year) to the Federal unemployment account the balance of such excess or so much thereof as is required to increase the amount in the Federal unemployment account to whichever of the following is the greater: (1) $550 million, or (2) the amount (determined by the Secretary of Labor and certified by him to the Secretary of the Treasury) equal to 0.5 percent of the total wages subject (determined without any limitation on amount) to contributions under all State unemployment compensation laws for the calendar year ending during the fiscal year for which the excess is determined. **(b) Unemployment account excesses** The amount, if any, by which the amount in the Federal unemployment account as of the close of any fiscal year exceeds the greater of the amounts specified in paragraphs (1) and (2) of subsection (a) shall be transferred to the employment security administration account as of the close of such fiscal year. **(c) Report to Congress** Whenever the Secretary of Labor has reason to believe that in the next fiscal yea

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1102

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1105 — Extended unemployment compensation

Page 2527 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1105 version Act of 1944 [section 603 of act Oct. 3, 1944, ch. 480, former 50 U.S.C. App. 1651 note] (terminating the provisions of such Act [former 50 U.S.C. App. 1651 et seq.] on June 30, 1947) shall not be applicable in the case of the amendments made by title IV of such Act to the Social Security Act [amending this section and section 1321 of this title].’’ PAYMENTS TO STATES Act Aug. 24, 1937, ch. 755, 50 Stat. 754, provided for payments to States of 90 per cent of proceeds of the un- employment tax collected prior to Jan. 31, 1938, where State had enacted an approved unemployment-com- pensation law during 1937. § 1105. Extended unemployment compensation account (a) Establishment There is hereby established in the Unemploy- ment Trust Fund an extended unemployment compensation account. For the purposes pro- vided for in section 1104(e) of this title, such ac- count shall be maintained as a separate book ac- count. (b) Transfers to account (1) Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month) from the employment security administration account to the extended unemployment compensation account estab- lished by subsection (a), an amount (determined by such Secretary) equal to 20 percent of the amount by which— (A) the transfers to the employment secu- rity administration account pursuant to sec- tion 1101(b)(2) of this title during such month, exceed (B) the payments during such month from the employment security administration ac- count pursuant to section 1101(b)(3) and (d) of this title. If for any such month the payments referred to in subparagraph (B) exceed the transfers re- ferred to in subparagraph (A), proper adjust- me

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1105

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