5 U.S.C. § 8504 — Assignment of Federal service and wages

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. 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 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 deter- mined 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 set- tlement by the Government Accountability Of- fice, 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 appli- cable 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 par- ticipates 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 des- ignated 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 offi- cial 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 pro- vided 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 administra- tion of the State unemployment compensation law. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 588; Pub. L. 94–566, title II, § 214(a), Oct. 20, 1976, 90 Stat. 2678; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1366. Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1506’’, 68 Stat. 1133. In the first sentence of subsection (d), the word ‘‘may’’ is substituted for ‘‘shall’’ since the sentence does not direct the use of the money, rather it limits the purposes for which the money may be used. In subsections (f) and (g), the word ‘‘official’’ is sub- stituted for ‘‘officer’’ because of the definition of ‘‘offi- cer’’ in section 2104. 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 2004—Subsec. (c). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1976—Subsec. (a). Pub. L. 94–566 substituted provi- sions that 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