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5 U.S.C. § 8505 — Payments to States
Federal law — U.S. Code and appendices · legal_authorities
**(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 Government Accountability 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
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Source location: Title 5, Chapter 85, § 8505; chapter-085-unemployment-compensation.md
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**(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 Government Accountability 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.
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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
### Statutory Notes
Section 1366, act Aug. 14, 1935, ch. 531, title XV, § 1506, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1133, provided for payments to States. See [section 8505 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8505&num=0&edition=prelim), Government Organization and Employees.
Section 1367, act Aug. 14, 1935, ch. 531, title XV, § 1507, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1134; amended Aug. 28, 1958, Pub. L. 85–848, § 4, 72 Stat. 1089; Sept. 13, 1960, Pub. L. 86–778, title V, § 531(f), 74 Stat. 984, provided for dissemination of information by both Federal and State agencies. See [section 8506 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8506&num=0&edition=prelim).
Section 1368, act Aug. 14, 1935, ch. 531, title XV, § 1508, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, related to penalties. See [section 8507 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8507&num=0&edition=prelim) and [section 1919 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1919&num=0&edition=prelim), Crimes and Criminal Procedure.
Section 1369, act Aug. 14, 1935, ch. 531, title XV, § 1509, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, related to rules and regulations. See [section 8508 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8508&num=0&edition=prelim).
Section 1370, act Aug. 14, 1935, ch. 531, title XV, § 1510, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, related to authorization of appropriations. See [section 5509 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5509&num=0&edi
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Federal law — U.S. Code and appendices · legal_authorities
Page 1204
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8505
HISTORICAL AND REVISION NOTES—CONTINUED
1966 ACT
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
Sept. 13, 1960, Pub. L. 86–778,
§ 542(b)(2), 74 Stat. 986.
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
Section of
title 5
Source (U.S. Code)
Source (Statutes at Large)
8504(3) .......
[Uncodified].
Sept. 13, 1960, Pub. L. 86–778,
§ 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.
Editorial Notes
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 employ-
ees whose first claims were filed while residing in the
Virgin Islands.
Statutory Notes and Related Subsidiaries
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 compensa-
tion law of Virgin Islands which is approved by Sec-
retary of Labor under section 3304(a) of Title 26, Inter-
nal Revenue Code, see section 116(f)(3), set out as a note
under section 3304 of Title 26.
§ 8505. Payments to States
(a) Each State is entitled to be paid by the
Unit
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