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5 U.S.C. § 8505Payments to States

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 487 words · no verdicts yet

in plain englishAI-generated · not legal advice

The federal government reimburses each state proportionally for unemployment payments made to former federal workers, based on how much of their pay came from federal work. States get monthly payments, adjusted for past estimating errors, and must spend the money only on its intended purpose or return it. Officials who handle these payments honestly are protected from personal liability.

(a) Each state must be paid by the United States, for every individual whose base-period wages included Federal wages, an amount that matches the same proportion: the individual's Federal wages during the base period, divided by all their base-period wages, applied to the total compensation paid to that individual. (b) The Secretary of Labor decides whether to pay each state in advance or by reimbursement, for each calendar month, using the Secretary's estimate of what the state is owed under this subchapter. That sum is adjusted up or down if an earlier month's estimate turns out to have been too high or too low. The Secretary may base an estimate on statistical sampling or another method agreed on with the state agency. (c) The Secretary must periodically certify to the Secretary of the Treasury how much each state is owed. The Secretary of the Treasury must then pay the state according to that certification, using funds set aside for this subchapter's purposes, even before the Government Accountability Office audits or settles the accounts. (d) Money a state receives under this subchapter may be used only for the purpose it was paid for. Any money not used that way must be returned, at the time the agreement specifies, to the U.S. Treasury and credited back to the funds this subchapter draws from. (e) An agreement may (1) require any state officer or employee who certifies payments, disburses funds, or otherwise takes part in carrying out the agreement to post a surety bond to the United States, in an amount the Secretary sets; and (2) allow the cost of that bond to be paid from this subchapter's funds. (f) Unless there is gross negligence or an intent to defraud the United States, an official the Secretary designates — or who is designated under an agreement — as a certifying official is not personally liable for compensation they certify under this subchapter. (g) Unless there is gross negligence or an intent to defraud the United States, a disbursing official is not personally liable for a payment they make under this subchapter, if it was based on a voucher signed by a properly designated certifying official. (h) For payments made to a state under subchapter III of chapter 7 of title 42, a state agency's administration of an agreement under this section counts as part of administering that state's own unemployment compensation law.
the actual law source: uscode.house.gov ↗public domain
(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 determined 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 settlement by the Government Accountability Office, 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 applicable 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 participates 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 designated 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 official 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 provided 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 administration of the State unemployment compensation law.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 588
  • 1976Amended · Pub. L. 94-566 · 90 Stat. 2678
  • 2004Amended · Pub. L. 108-271 · 118 Stat. 814

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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