5 U.S.C. § 8503 — Compensation absent State agreement
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 230 words · no verdicts yet
If a former federal worker is assigned to a state that has no agreement with the Secretary of Labor, the Secretary pays that worker's unemployment compensation directly, matching what the state would have paid. If the worker separately qualifies for state benefits without counting federal service, only federal service and wages count under this section. A denied claim gets a fair hearing and can be appealed to court.
(a) If a federal employee's Federal service and Federal wages are assigned, under section 8504, to a state that has no agreement with the Secretary of Labor, the Secretary — following the Secretary's own regulations — must pay that employee compensation, once they file a claim, in the same amount, on the same terms, and under the same conditions the state's unemployment law would provide if the Federal service and Federal wages had counted as regular state employment and wages. But if the employee already has enough non-federal employment or wages to qualify for state compensation on their own, without their Federal service and wages, then payment under this subsection can be based only on the Federal service and Federal wages.
(b) A federal employee whose claim under subsection (a) is denied is entitled to a fair hearing, following the Secretary's regulations. A final decision by the Secretary about entitlement to compensation under this section can be reviewed by the courts in the same way, and to the same extent, as provided in section 405(g) of title 42.
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 prescribed by him, shall, on the filing by the Federal 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 Federal 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 subsection may be made only on the basis of his Federal service and Federal wages.
A Federal employee whose claim for compensation under subsection (a) of this section is denied is entitled to a fair hearing under regulations prescribed by the Secretary. A final determination by the Secretary with respect to entitlement 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.
Source credit: (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.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 587
- 1967Amended · Pub. L. 90-83 · 81 Stat. 218
- 1976Amended · Pub. L. 94-566 · 90 Stat. 2673
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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