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5 U.S.C. § 8503 — Compensation absent State agreement
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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Source location: Title 5, Chapter 85, § 8503; chapter-085-unemployment-compensation.md
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**(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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Federal law — U.S. Code and appendices · legal_authorities
**(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;
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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
### 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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Federal law — U.S. Code and appendices · legal_authorities
Page 1203
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8504
lete. 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 defi-
nitions 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 provi-
sions 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 be-
ginning before January 1, 1966. Any existing rights are
preserved by section 7 of this bill.
§ 8503. Compensation absent State agreement
(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 pre-
scribed by him, shall, on the filing by the Fed-
eral 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 Fed-
eral 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 sub-
section may be made only on the basis of his
Federal service and Federal wages.
(b) A Federal employee whose
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