5 U.S.C. § 8522 — Assignment of Federal service and wages

Page 1209 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8525 § 8522. Assignment of Federal service and wages Notwithstanding section 8504 of this title, Fed- eral service and Federal wages not previously assigned shall be assigned to the State in which the claimant first files claim for unemployment compensation after his latest discharge or re- lease from Federal service. This assignment is deemed an assignment under section 8504 of this title for the purpose of this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 591; Pub. L. 94–566, title I, § 116(e)(5), Oct. 20, 1976, 90 Stat. 2673.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1371(e). Aug. 28, 1958, Pub. L. 85–848, § 3 ‘‘Sec. 1511(e)’’, 72 Stat. 1088. Sept. 13, 1960, Pub. L. 86–778, § 542(c)(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. Editorial Notes AMENDMENTS 1976—Pub. L. 94–566 struck out ‘‘or to the Virgin Is- lands, as the case may be,’’ after ‘‘shall be assigned to the State’’. 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. § 8523. Dissemination of information (a) When designated by the Secretary of Labor, an agency of the United States shall make available to the appropriate State agency or to the Secretary, as the case may be, such in- formation, including findings in the form and manner prescribed by regulations of the Sec- retary, as the Secretary considers practicable and necessary for the determination of the enti- tlement of an individual to compensation under this subchapter. (b) Subject to correction of errors and omis- sions as prescribed by regulations of the Sec- retary, the following are final and conclusive for the purpose of sections 8502(d) and 8503(c) of this title: (1) Findings by an agency of the United States made in accordance with subsection (a) of this section with respect to— (A) whether or not an individual has met any condition specified by section 8521(a)(1) of this title; (B) the periods of Federal service; and (C) the pay grade of the individual at the time of his latest discharge or release from Federal service. (2) The schedules of pay and allowances pre- scribed by the Secretary under section 8521(a)(2) of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 591.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1371(d). Aug. 28, 1958, Pub. L. 85–848, § 3 ‘‘Sec. 1511(d)’’, 72 Stat. 1088. 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. [§ 8524. Repealed. Pub. L. 91–373, title I, § 107, Aug. 10, 1970, 84 Stat. 701] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 591, pro- vided that a payment to ex-servicemen for unused ac- crued leave was to be deemed to continue Federal serv- ice during period after termination with respect to which the serviceman received payment and that such payment was to be deemed Federal wages subject to regulations concerning allocation over the period after termination. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 91–373, title I, § 107, Aug. 10, 1970, 84 Stat. 701, provided that the repeal is effective with respect to benefit years which begin more than 30 days after the date of enactment of Pub. L. 91–373, which was approved on Aug. 10, 1970. § 8525. Effect on other statutes (a) Subsection (b)(2) does not apply to an indi- vidual who— (1) is otherwise entitled to compensation under this subchapter; (2) is described in section 3311(b) of title 38; (3) is not receiving retired pay under title 10; and (4) was discharged or released from service in the Armed Forces or the Commissioned Corps of the National Oceanic and Atmos- pheric Administration (including through a re- duction in force) under honorable conditions, but did not voluntarily separate from such service. (b) An individual is not entitled to compensa- tion under this subchapter for any period with respect to which the individual receives— (1) a subsistence allowance under chapter 31 of title 38 or under part VIII of Veterans Regu- lation Numbered 1(a); (2) except in the case of an individual de- scribed in subsection (a), an educational as- sistance allowance under chapter 33 of title 38; or (3) an educational assistance allowance under chapter 35 of title 38. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 591; Pub. L. 90–83, § 1(90), Sept. 11, 1967, 81 Stat. 219; Pub. L. 114–92, div. A, title V, § 560, Nov. 25, 2015, 129 Stat. 828.)