5 U.S.C. § 8508 — Regulations

Page 1205 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8508 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 for provisions that each State is entitled to be paid by the United States an amount equal to the additional cost to the State of payments of compensation in accordance with an agreement under this subchapter which would not have been made by the State but for the agreement. Statutory Notes and Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–566 applicable with regard to compensation paid on the basis of claims for com- pensation filed on or after July 1, 1977, see section 214(c) of Pub. L. 94–566, set out as a note under section 8501 of this title. § 8506. Dissemination of information (a) Each agency of the United States and each wholly or partially owned instrumentality of the United States shall make available to State agencies which have agreements under this sub- chapter, or to the Secretary of Labor, as the case may be, such information concerning the Federal service and Federal wages of a Federal employee as the Secretary considers practicable and necessary for the determination of the enti- tlement of the Federal employee to compensa- tion under this subchapter. The information shall include the findings of the employing agen- cy concerning— (1) whether or not the Federal employee has performed Federal service; (2) the periods of Federal service; (3) the amount of Federal wages; and (4) the reasons for termination of Federal service. The employing agency shall make the findings in the form and manner prescribed by regula- tions of the Secretary. The regulations shall in- clude provision for correction by the employing agency of errors and omissions. This subsection does not apply with respect to Federal service and Federal wages covered by subchapter II of this chapter. (b) The agency administering the unemploy- ment compensation law of a State shall furnish the Secretary such information as he considers necessary or appropriate in carrying out this subchapter. The information is deemed the re- port required by the Secretary for the purpose of section 503(a)(6) of title 42. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 589; Pub. L. 94–566, title III, § 313(a), Oct. 20, 1976, 90 Stat. 2680.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1367. Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1507’’, 68 Stat. 1134. Aug. 28, 1958, Pub. L. 85–848, § 4, 72 Stat. 1089. Sept. 13, 1960, Pub. L. 86–778, § 531(f), 74 Stat. 984. 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—Subsec. (a). Pub. L. 94–566 struck out provision that findings made in accordance with the Secretary’s regulations were final and conclusive for the purpose of sections 8502(d) and 8503(c) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–566, title III, § 313(b), Oct. 20, 1976, 90 Stat. 2680, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to findings made after the date of the enactment of this Act [Oct. 20, 1976].’’ § 8507. False statements and misrepresentations (a) If a State agency, the Secretary of Labor, or a court of competent jurisdiction finds that an individual— (1) knowingly has made, or caused to be made by another, a false statement or rep- resentation of a material fact, or knowingly has failed, or caused another to fail, to dis- close a material fact; and (2) as a result of that action has received an amount as compensation under this sub- chapter to which he was not entitled; the individual shall repay the amount to the State agency or the Secretary. Instead of requir- ing repayment under this subsection, the State agency or the Secretary may recover the amount by deductions from compensation pay- able to the individual under this subchapter dur- ing the 2-year period after the date of the find- ing. A finding by a State agency or the Sec- retary may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under sections 8502(d) and 8503(c) of this title. (b) An amount repaid under subsection (a) of this section shall be— (1) deposited in the fund from which pay- ment was made, if the repayment was to a State agency; or (2) returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Secretary. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 590.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1368(b). Sept. 1, 1954, ch. 1212, § 4(a), ‘‘Sec. 1508(b)’’, 68 Stat. 1135. In subsection (a), the words ‘‘as the case may be’’, ‘‘be liable to’’, and ‘‘of any amount’’ are omitted as un- necessary. 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. § 8508. Regulations The Secretary of Labor may prescribe rules and regulations necessary to carry out this sub- chapter and subchapter II of this chapter. The Page 1206 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8509 Secretary, insofar as practicable, shall consult with representatives of the State unemployment compensation agencies before prescribing rules or regulations which may affect the perform- ance by the State agencies of functions under agreements under this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 590.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1369. Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1509’’, 68 Stat. 1135. 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. § 8509. Federal Employees Compensation Ac- count (a) The Federal Employees Compensation Ac- count (as established by section 909 of the Social Security Act, and hereafter in this section re- ferred to as the ‘‘Account’’) in the Unemploy- ment Trust Fund (as established by section 904 of such Act) shall consist of— (1) funds appropriated to or transferred thereto, and (2) amounts deposited therein pursuant to subsection (c). (b) Moneys in the Account shall be available only for the purpose of making payments to States pursuant to agreements entered into under this chapter and making payments of compensation under this chapter in States which do not have in effect such an agreement. (c)(1) Each employing agency shall deposit into the Account amounts equal to the expendi- tures incurred under this chapter on account of Federal service performed by employees and former employees of that agency. (2) Deposits required by paragraph (1) shall be made during each calendar quarter and the amount of the deposit to be made by any em- ploying agency during any quarter shall be based on a determination by the Secretary of Labor as to the amounts of payments, made prior to such quarter from the Account based on Federal service performed by employees of such agency after December 31, 1980, with respect to which deposit has not previously been made. The amount to be deposited by any employing agency during any calendar quarter shall be ad- justed to take account of any overpayment or underpayment of deposit during any previous quarter for which adjustment has not already been made. (3) If any Federal agency does not deposit in the Federal Employees Compensation Account any amount before the date 30 days after the date on which the Secretary of Labor has noti- fied such agency that it is required to so deposit such amount, the Secretary of Labor shall no- tify the Secretary of the Treasury of the failure to make such deposit and the Secretary of the Treasury shall transfer such amount to the Fed- eral Employees Compensation Account from amounts otherwise appropriated to such Federal agency. (d) The Secretary of Labor shall certify to the Secretary of the Treasury the amount of the de- posit which each employing agency is required to make to the Account during any calendar quarter, and the Secretary of the Treasury shall notify the Secretary of Labor as to the date and amount of any deposit made to such Account by any such agency. (e) Prior to the beginning of each fiscal year (commencing with the fiscal year which begins October 1, 1981) the Secretary of Labor shall es- timate— (1) the amount of expenditures which will be made from the Account during such year, and (2) the amount of funds which will be avail- able during such year for the making of such expenditures, and if, on the basis of such estimate, he deter- mines that the amount described in paragraph (2) is in excess of the amount necessary— (3) to meet the expenditures described in paragraph (1), and (4) to provide a reasonable contingency fund so as to assure that there will, during all times in such year, be sufficient sums avail- able in the Account to meet the expenditures described in paragraph (1), he shall certify the amount of such excess to the Secretary of the Treasury and the Secretary of the Treasury shall transfer, from the Account to the general fund of the Treasury, an amount equal to such excess. (f) The Secretary of Labor is authorized to es- tablish such rules and regulations as may be necessary or appropriate to carry out the provi- sions of this section. (g) Any funds appropriated after the establish- ment of the Account, for the making of pay- ments for which expenditures are authorized to be made from moneys in the Account, shall be made to the Account; and there are hereby au- thorized to be appropriated to the Account, from time to time, such sums as may be necessary to assure that there will, at all times, be sufficient sums available in the Account to meet the ex- penditures authorized to be made from moneys therein. (h) For purposes of this section, the term ‘‘Federal service’’ includes Federal service as de- fined in section 8521(a). (Added Pub. L. 96–499, title X, § 1023(b), Dec. 5, 1980, 94 Stat. 2657; amended Pub. L. 97–362, title II, § 202(a), Oct. 25, 1982, 96 Stat. 1732; Pub. L. 102–318, title V, § 532(a), July 3, 1992, 106 Stat. 317.) Editorial Notes REFERENCES IN TEXT Sections 909 and 904 of the Social Security Act, re- ferred to in subsec. (a), are classified to sections 1109 and 1104, respectively, of Title 42, The Public Health and Welfare. AMENDMENTS 1992—Subsec. (c)(3). Pub. L. 102–318 added par. (3). 1982—Subsecs. (b), (c)(1). Pub. L. 97–362, § 202(a)(1), substituted ‘‘chapter’’ for ‘‘subchapter’’ wherever ap- pearing. Subsec. (h). Pub. L. 97–362, § 202(a)(2), added subsec. (h).