5 U.S.C. § 8503 — Compensation absent State agreement

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.