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 payments after such date of compensation under such subchapter in States which do not have in effect such an agreement, shall be transferred on January 1, 1981, to the Federal Employ- ees Compensation Account established by section 909 of the Social Security Act [42 U.S.C. 1109]. On and after such date, all payments described in the preceding sen- tence shall be made from such Account as provided by section 8509 of title 5, United States Code.’’ SUBCHAPTER II—EX-SERVICEMEN § 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 Commis- sioned Corps of the National Oceanic and At- mospheric Administration if with respect to that service— (A) the individual was discharged or re- leased under honorable conditions (and, if an officer, did not resign for the good of the service); and (B)(i) the individual was discharged or re- leased after completing his first full term of active service which the individual initially agreed to serve, or (ii) the individual was discharged or re- leased before completing such term of active service— (I) for the convenience of the Govern- ment under an early release program, (II) because of medical disqualification, pregnancy, parenthood, or any service-in- curred injury or disability, (III) because of hardship (including pur- suant to a sole survivorship discharge, as that term is defined in section 1174(i) of title 10), or (IV) because of personality disorders or inaptitude but only if the service was con- tinuous for 365 days or more; (2) ‘‘Federal wages’’ means all pay and al- lowances, 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 sched- ule 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 and allowances for each pay grade of servicemen covered by this subchapter, which reflect rep- resentative amounts for appropriate elements of the pay and allowances whether in cash or in kind; and (3) ‘‘State’’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. (b) The provisions of subchapter I of this chap- ter, subject to the modifications made by this subchapter, apply to individuals who have had Federal service as defined by subsection (a) of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 590; Pub. L. 90–83, § 1(89), Sept. 11, 1967, 81 Stat. 218; Pub. L. 94–566, title I, § 116(e)(4), Oct. 20, 1976, 90 Stat. 2673; Pub. L. 96–215, § 4(b), Mar. 25, 1980, 94 Stat. 124; Pub. L. 96–364, title IV, § 415(a), Sept. 26, 1980, 94 Stat. 1310; Pub. L. 97–35, title XXIV, § 2405(a), Aug. 13, 1981, 95 Stat. 876; Pub. L. 97–362, title II, § 201(a), (b), Oct. 25, 1982, 96 Stat. 1732; Pub. L. 102–164, title III, § 301(a), (b), Nov. 15, 1991, 105 Stat. 1059; Pub. L. 110–317, § 7, Aug. 29, 2008, 122 Stat. 3529; Pub. L. 114–92, div. A, title V, § 513(a), Nov. 25, 2015, 129 Stat. 809.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1371 (a)–(c). Aug. 28, 1958, Pub. L. 85–848, § 3 ‘‘Sec. 1511(a)–(c)’’, 72 Stat. 1088. In subsection (a)(1), the words ‘‘armed forces’’ are co- extensive with and substituted for ‘‘Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States’’ in view of the definition of ‘‘armed forces’’ in section 2101. The words ‘‘after October 27, 1958’’ are sub- stituted for ‘‘after the sixtieth day after August 28, 1958’’. In subsection (b), the words ‘‘with respect to weeks of unemployment ending after the sixtieth day after Au- gust 28, 1958’’ are omitted as obsolete because the law is here stated with prospective effect. 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 incorporates into 5 U.S.C. 8521 the definition of ‘‘State’’ which is applicable to the source statute of that section by virtue of section 1301(a)(1) of title 42. Page 1208 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8521 Editorial Notes CODIFICATION Section 8 of Pub. L. 102–107, Aug. 17, 1991, 105 Stat. 546, which contained provisions substantially identical to those of section 301 of Pub. L. 102–164, amending this section and enacting provisions set out below, did not become effective pursuant to section 10(b) of Pub. L. 102–107, because the President did not take the action required by that section by Aug. 17, 1991. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–92 substituted ‘‘180 days’’ for ‘‘90 days’’ in introductory provisions. 2008—Subsec. (a)(1)(B)(ii)(III). Pub. L. 110–317 sub- stituted ‘‘hardship (including pursuant to a sole survi- vorship discharge, as that term is defined in section 1174(i) of title 10),’’ for ‘‘hardship,’’. 1991—Subsec. (a)(1). Pub. L. 102–164, § 301(b), sub- stituted ‘‘90 days’’ for ‘‘180 days’’ in introductory provi- sions. Subsec. (c). Pub. L. 102–164, § 301(a), struck out subsec. (c) which read as follows: ‘‘(1) An individual shall not be entitled to compensa- tion under this subchapter for any week before the fifth week beginning after the week in which the individual was discharged or released. ‘‘(2) The aggregate amount of compensation payable on the basis of Federal service (as defined in subsection (a)) to any individual with respect to any benefit year shall not exceed 13 times the individual’s weekly ben- efit amount for total unemployment.’’ 1982—Subsec. (a)(1). Pub. L. 97–362, § 201(a), sub- stituted provision that ‘‘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 Na- tional Oceanic and Atmospheric Administration if with respect to that service the individual was discharged or released under honorable conditions (and, if an officer, did not resign for the good of the service), and the indi- vidual was discharged or released after completing his first full term of active service which the individual initially agreed to serve, or the individual was dis- charged or released before completing such term of ac- tive service for the convenience of the Government under an early release program, because of medical dis- qualification, pregnancy, parenthood, or any service-in- curred injury or disability, because of hardship, or be- cause of personality disorders or inaptitude but only if the service was continuous for 365 days or more, for provision that ‘‘Federal service’’ meant active service, including active duty for training purposes, in the armed forces or the Commissioned Corps of the Na- tional Oceanic and Atmospheric Administration which either began after January 31, 1955, or terminated after October 27, 1958, if that service was continuous for 365 days or more, or was terminated earlier because of an actual service-incurred injury or disability, and with respect to that service, the individual was discharged or released under honorable conditions, did not resign or voluntarily leave the service, and was not released or discharged for cause as defined by the Department of Defense. Subsec. (c). Pub. L. 97–362, § 201(b), added subsec. (c). 1981—Subsec. (a)(1)(B). Pub. L. 97–35 substituted ‘‘honorable conditions;’’ for ‘‘conditions other than dis- honorable; and’’ in cl. (i), and ‘‘did not resign or volun- tarily leave the service; and’’ for ‘‘was not given a bad conduct discharge, or, if an officer, did not resign for the good of the service;’’ in cl. (ii), and added cl. (iii). 1980—Subsec. (a)(1). Pub. L. 96–215 inserted ‘‘or the Commissioned Corps of the National Oceanic and At- mospheric Administration’’ after ‘‘armed forces’’ in provisions preceding subpar. (A). Subsec. (a)(1)(A). Pub. L. 96–364 substituted ‘‘365’’ for ‘‘90’’. 1976—Subsec. (a)(3). Pub. L. 94–566 added the Virgin Islands to definition of ‘‘State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–92, div. A, title V, § 513(b), Nov. 25, 2015, 129 Stat. 809, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 25, 2015], and shall apply with respect to periods of Federal serv- ice commencing on or after that date.’’ EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–317 applicable with re- spect to any sole survivorship discharge granted after Aug. 29, 2008, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–164, title III, § 301(c), Nov. 15, 1991, 105 Stat. 1059, provided that: ‘‘The amendments made by this section [amending this section] shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act [Nov. 15, 1991].’’ EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITIONAL RULE Pub. L. 97–362, title II, § 201(c), Oct. 25, 1982, 96 Stat. 1732, provided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section [amending this section], shall apply with respect to terminations of service on or after July 1, 1981, but only for purposes of determining eligibility for benefits for weeks of unem- ployment beginning after the date of the enactment of this Act [Oct. 25, 1982]. ‘‘(2) TRANSITIONAL RULE.—The amendments made by this section shall not apply to the extent that such amendments would (but for this paragraph) reduce the amount of compensation payable in the case of benefit years established before the date of the enactment of this Act [Oct. 25, 1982].’’ EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title XXIV, § 2405(b), Aug. 13, 1981, 95 Stat. 876, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to terminations of service on or after July 1, 1981, but only in the case of weeks of unemployment begin- ning after the date of the enactment of this Act [Aug. 13, 1981].’’ EFFECTIVE DATE OF 1980 AMENDMENTS Pub. L. 96–364, title IV, § 415(b), Sept. 26, 1980, 94 Stat. 1310, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to determinations of Federal service in the case of individuals filing claims for unemployment com- pensation on or after October 1, 1980.’’ Amendment by Pub. L. 96–215 applicable with respect to assignments of services and wages pursuant to any first claim (for a benefit year) which is filed after Mar. 25, 1980, see section 4(c) of Pub. L. 96–215, set out as a note under section 8501 of this title. 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. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title. 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.)