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5 U.S.C. § 8521 — Definitions; application

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

5 U.S.C. § 8521 — Definitions; application

**(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 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— (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 (including pursuant to a sole survivorship discharge, as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)), 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 an

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Source file: Laws/federal/codes/united-states-code/title-5/section-8521-definitions-application--b658831d6f.md
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Source location: Title 5, Chapter 85, § 8521; chapter-085-unemployment-compensation.md

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

5 U.S.C. § 8501 — Definitions

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

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;

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

5 U.S.C. § 5102 — Definitions; application

**(a)** For the purpose of this chapter— (1) “agency” means— (A) an Executive agency; (B) the Library of Congress; (C) the Botanic Garden; (D) the Government Publishing Office; (E) the Office of the Architect of the Capitol; and (F) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) the Virgin Islands Corporation; (iv) the Atomic Energy Commission; (v) the Central Intelligence Agency; (vi) the National Security Agency, Department of Defense; (vii) the Government Accountability Office; (viii) the Office of the Director of National Intelligence; (ix) the Defense Intelligence Agency, Department of Defense; or (x) the National Geospatial-Intelligence Agency, Department of Defense; (2) “employee” means an individual employed in or under an agency; (3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee; (4) “class” or “class of positions” includes all positions which are sufficiently similar, as to— (A) kind or subject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administration; and (5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to— (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. **(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and

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

5 U.S.C. § 2108 — Veteran; disabled veteran; preference eligible

For the purpose of this title— (1) “veteran” means an individual who— (A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955; (B) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after January 31, 1955, and before October 15, 1976, not including service under [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12103/d&num=0&edition=prelim) pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; (C) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992; or (D) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; and, except as provided under section 2108a, who has been discharged or rel

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

29 U.S.C. § 1001 — Congressional findings and declaration of policy

**(a) Benefit plans as affecting interstate commerce and the Federal taxing power** The Congress finds that the growth in size, scope, and numbers of employee benefit plans in recent years has been rapid and substantial; that the operational scope and economic impact of such plans is increasingly interstate; that the continued well-being and security of millions of employees and their dependents are directly affected by these plans; that they are affected with a national public interest; that they have become an important factor affecting the stability of employment and the successful development of industrial relations; that they have become an important factor in commerce because of the interstate character of their activities, and of the activities of their participants, and the employers, employee organizations, and other entities by which they are established or maintained; that a large volume of the activities of such plans are carried on by means of the mails and instrumentalities of interstate commerce; that owing to the lack of employee information and adequate safeguards concerning their operation, it is desirable in the interests of employees and their beneficiaries, and to provide for the general welfare and the free flow of commerce, that disclosure be made and safeguards be provided with respect to the establishment, operation, and administration of such plans; that they substantially affect the revenues of the United States because they are afforded preferential Federal tax treatment; that despite the enormous growth in such plans many employees with long years of employment are losing anticipated retirement benefits owing to the lack of vesting provisions in such plans; that owing to the inadequacy of current minimum standards, the soundness and stabilit

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

5 U.S.C. § 8521 — Definitions; application

Page 1207 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8521 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–318, title V, § 532(b), July 3, 1992, 106 Stat. 317, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to fail- ures outstanding on the date of the enactment of this Act [July 3, 1992] or at any time thereafter.’’ EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–362, title II, § 202(b)(1), Oct. 25, 1982, 96 Stat. 1733, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on October 1, 1983.’’ TRANSFER OF APPROPRIATED UNEMPLOYMENT COMPENSATION FUNDS Pub. L. 97–362, title II, § 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 pay- ments 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 serv- ice 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 estab- lished by section 909 of the Social Security Act [42 U.S.C. 1109]. On and after such date, all payments de- scribed in the preceding sentence shall be made from such account as provided by section 8509 of such title 5.’’ Pub. L. 96–499, title X, § 1023(c), Dec. 5, 1980, 94 Stat. 2658, 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 payme

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