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 Commissioned Corps of the National Oceanic and Atmospheric Administration if with respect to that service—
(A) the individual was discharged or released under honorable conditions (and, if an officer, did not resign for the good of the service); and
(B)(i) the individual was discharged or released after completing his first full term of active service which the individual initially agreed to serve, or
(ii) the individual was discharged or released before completing such term of active service—
(I) for the convenience of the Government under an early release program,
(II) because of medical disqualification, pregnancy, parenthood, or any service-incurred injury or disability,
(III) because of hardship (including pursuant 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 continuous for 365 days or more;
(2) "Federal wages" means all pay and allowances, 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 schedule 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 representative 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 chapter, 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.)
In subsection (a)(1), the words "armed forces" are coextensive 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 substituted 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 August 28, 1958" are omitted as obsolete because the law is here stated with prospective effect.
Standard changes are made to conform with the definitions 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.
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 substituted "hardship (including pursuant to a sole survivorship 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), substituted "90 days" for "180 days" in introductory provisions.
Subsec. (c). Pub. L. 102–164, §301(a), struck out subsec. (c) which read as follows:
"(1) An individual shall not be entitled to compensation 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 benefit amount for total unemployment."
1982—Subsec. (a)(1). Pub. L. 97–362, §201(a), substituted 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 National 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 individual was discharged or released after completing his first full term of active service which the individual initially agreed to serve, or the individual was discharged or released before completing such term of active service for the convenience of the Government under an early release program, because of medical disqualification, pregnancy, parenthood, or any service-incurred injury or disability, because of hardship, or because 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 National 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 dishonorable; and" in cl. (i), and "did not resign or voluntarily 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 Atmospheric 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 subsection (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 service commencing on or after that date."
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–317 applicable with respect 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 unemployment 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 subsection (a) [amending this section] shall apply with respect to terminations of service on or after July 1, 1981, but only in the case of weeks of unemployment beginning 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 subsection (a) [amending this section] shall apply with respect to determinations of Federal service in the case of individuals filing claims for unemployment compensation 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 compensation law of Virgin Islands which is approved by Secretary of Labor under section 3304(a) of Title 26, Internal 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.
§8522. Assignment of Federal service and wages
Notwithstanding section 8504 of this title, Federal 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 release 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.)
Standard changes are made to conform with the definitions 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 Islands, 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 compensation law of Virgin Islands which is approved by Secretary of Labor under section 3304(a) of Title 26, Internal 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 information, including findings in the form and manner prescribed by regulations of the Secretary, as the Secretary considers practicable and necessary for the determination of the entitlement of an individual to compensation under this subchapter.
(b) Subject to correction of errors and omissions as prescribed by regulations of the Secretary, 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 prescribed by the Secretary under section 8521(a)(2) of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 591.)
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 591, provided that a payment to ex-servicemen for unused accrued leave was to be deemed to continue Federal service 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 individual 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 Atmospheric Administration (including through a reduction in force) under honorable conditions, but did not voluntarily separate from such service.
(b) An individual is not entitled to compensation 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 Regulation Numbered 1(a);
(2) except in the case of an individual described in subsection (a), an educational assistance 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.)
In subsection (b), the words "an education and training allowance under subsection (a), (b), (c), or (d) of section 1632 of title 38" are omitted as obsolete. The authority to pay an education and training allowance under section 1632 of title 38 terminated on January 31, 1965, pursuant to section 1613(a) of title 38.
Section 1371(i) of title 42, providing that certain individuals are not entitled to unemployment compensation under the provisions of subchapter I of chapter 41 of title 38, is omitted as obsolete. Subchapter I of chapter 41 of title 38, which related to unemployment compensation for Korean conflict veterans, was repealed by the Act of Sept. 19, 1962, Pub. L. 87–675, 76 Stat. 558.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section deletes subsection (a) of 5 U.S.C. 8525. That subsection is now obsolete in view of the repeal, effective July 1, 1966, of chapter 43 of title 38, U.S.C., by Public Law 89–50, section 1(a) (79 Stat. 173).
Editorial Notes
Amendments
2015—Subsec. (a). Pub. L. 114–92, §560(b), added subsec. (a).
Subsec. (b). Pub. L. 114–92, §560(a)(1), substituted "the individual receives" for "he receives" in introductory provisions.
Subsec. (b)(2), (3). Pub. L. 114–92, §560(a)(2)–(4), added par. (2) and redesignated former par. (2) as (3).