5 U.S.C. § 8502 — Compensation under State agreement

Page 1202 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8502 In paragraph (1)(A), the word ‘‘official’’ is substituted for ‘‘officer’’ because of the definition of ‘‘officer’’ in section 2104. The words ‘‘of the Government of the United States’’ are omitted as unnecessary. In paragraph (1)(E), the words ‘‘by regulations of the Civil Service Commission from the operation of sub- chapter III of chapter 83 of this title’’ are substituted for ‘‘by Executive order from the operation of the Civil Service Retirement Act of 1930’’ on authority of the Civil Service Retirement Act Amendments of 1956, which are carried into subchapter III of chapter 83. In paragraph (1)(K), the words ‘‘Agricultural Sta- bilization and Conservation Service’’ are substituted for ‘‘Production and Marketing Administration’’ on au- thority of Secretary’s memorandum 1320, supp. 4 of No- vember 2, 1953. In paragraph (1)(L), the words ‘‘section 1606(g) of Title 26, Internal Revenue Code of 1939’’ in former sec- tion 1361(a)(13) are omitted as obsolete. The last sentence of former section 1361 is omitted as its substance is included in paragraph (1)(D). Former section 1361(f) is omitted as unnecessary as the full title of the Secretary of Labor is set out the first time it is used in each section. Paragraphs (6) and (7) are added on authority of sec- tion 1101(a)(1), (2) of the Act of Aug. 14, 1935, ch. 531, 49 Stat. 647, as amended; 42 U.S.C. 1301(a)(1), (2). 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. Editorial Notes REFERENCES IN TEXT Section 609(b)(1) of the Foreign Service Act of 1980, referred to in par. (1)(C), is classified to section 4009(b)(1) of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1980—Par. (1)(B). Pub. L. 96–215 inserted ‘‘or the Com- missioned Corps of the National Oceanic and Atmos- pheric Administration’’ after ‘‘armed forces’’. Par. (1)(C). Pub. L. 96–465 substituted ‘‘members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980’’ for ‘‘Foreign Service personnel for whom special separation allowances are provided under chapter 14 of title 22’’. 1978—Par. (1)(E). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. 1976—Par. (6). Pub. L. 94–566, § 116(e)(1), added the Vir- gin Islands in definition of ‘‘State’’. Par. (8). Pub. L. 94–566, § 214(b), added par. (8). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. Pub. L. 96–215, § 4(c), Mar. 25, 1980, 94 Stat. 124, pro- vided that: ‘‘The amendments made by this section [amending this section and section 8521 of this title] shall apply with respect to assignments of services and wages pursuant to any first claim (for a benefit year) which is filed after the date of the enactment of this Act [Mar. 25, 1980].’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 116(e)(1) of Pub. L. 94–566 ap- plicable with respect to benefit years beginning on or after the later of Oct. 1, 1976, or the first day of the first week for which compensation becomes payable under an unemployment compensation law of the Virgin Is- lands which is approved by the Secretary of Labor under section 3304(a) of Title 26, Internal Revenue Code, see section 116(f)(3) of Pub. L. 94–566, set out as a note under section 3304 of Title 26. Pub. L. 94–566, title II, § 214(c), Oct. 20, 1976, 90 Stat. 2678, provided that: ‘‘The amendments made by this section [amending this section and section 8505 of this title] shall apply with regard to compensation paid on the basis of claims for compensation filed on or after July 1, 1977’’. TEMPORARY 1990 CENSUS SERVICES CONSTITUTING FEDERAL SERVICE Determination respecting temporary 1990 census serv- ices as Federal service for purposes of this subchapter, see section 141 of Pub. L. 101–382, set out as a note under section 23 of Title 13, Census. § 8502. Compensation under State agreement (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, com- pensation under this subchapter to Federal employees; and (2) otherwise cooperate with the Secretary and with other State agencies in paying com- pensation under this subchapter. (b) The agreement shall provide that com- pensation 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 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 re- spect to entitlement to compensation under an agreement is subject to review in the same man- ner 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 586; Pub. L. 90–83, § 1(86), Sept. 11, 1967, 81 Stat. 218.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1362. Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1502’’, 68 Stat. 1131. Sept. 13, 1960, Pub. L. 86–778, § 542(b)(1)(A), 74 Stat. 985. In subsection (a), the words ‘‘under this subchapter’’ are substituted for ‘‘on the basis provided in subsection (b) of this section’’. In subsection (b), the words ‘‘with respect to unem- ployment after December 31, 1954’’ are omitted as obso- lete. In subsection (c), the words ‘‘with respect to unem- ployment after December 31, 1960’’ are omitted as obso- 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 claim for com- pensation under subsection (a) of this section is denied is entitled to a fair hearing under regula- tions prescribed by the Secretary. A final deter- mination by the Secretary with respect to enti- tlement 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 587; Pub. L. 90–83, § 1(87), Sept. 11, 1967, 81 Stat. 218; Pub. L. 94–566, title I, § 116(e)(2), Oct. 20, 1976, 90 Stat. 2673.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1363. Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1503’’, 68 Stat. 1132. Sept. 13, 1960, Pub. L. 86–778, § 542(b)(1)(B), (C), (c)(1), 74 Stat. 986. In subsections (a) and (b), the words ‘‘with respect to unemployment after December 31, 1954’’ are omitted as obsolete. In subsection (b), the last sentence is added on au- thority of the last sentence of former section 1362(b), which section is carried into section 8502. In subsection (c), the words ‘‘with respect to final de- cisions of the Secretary of Health, Education, and Wel- fare under subchapter II of this chapter’’ are omitted as unnecessary. 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) 8503(b) ....... [Uncodified]. Sept. 13, 1960, Pub. L. 86–778, § 542(a)(1), 74 Stat. 985. This section also amends 5 U.S.C. 8503 to eliminate certain provisions that are now obsolete. The obsolete provisions were based on section 542(b)(1)(B) and (C) of the act of September 13, 1960, 74 Stat. 986, that amended section 1503 (a) and (b) of the Social Security Act effec- tive January 1, 1961, but only in the case of weeks of unemployment beginning before January 1, 1966. Any existing rights are preserved by section 7 of this bill. Editorial Notes AMENDMENTS 1976—Subsecs. (b), (c). Pub. L. 94–566, § 116(e)(2), redes- ignated subsec. (c) as (b) and substituted ‘‘subsection (a)’’ for ‘‘subsection (a) or (b)’’. Former subsec. (b), which made special provision for Federal employees whose Federal service and Federal wages were assigned to the Virgin Islands, was struck out. Subsec. (d). Pub. L. 94–566, § 116(e)(2)(A), struck out subsec. (d) which authorized the Secretary to use the personnel and facilities of the agency in the Virgin Is- lands cooperating with the United States Employment Service. 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) of Pub. L. 94–566, set out as a note under section 3304 of Title 26. § 8504. Assignment of Federal service and wages 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 per- formed, after the termination of his Federal service, service covered under the unemploy- ment compensation law of the other State, his Federal service and Federal wages shall be as- signed to the other State; and (2) if his last official station in Federal serv- ice, 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 588; Pub. L. 90–83, § 1(88), Sept. 11, 1967, 81 Stat. 218; Pub. L. 94–566, title I, § 116(e)(3), Oct. 20, 1976, 90 Stat. 2673.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1364. Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1504’’, 68 Stat. 1133.