5 U.S.C. § 8521 — Definitions; application
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 351 words · no verdicts yet
This section defines 'Federal service,' 'Federal wages,' and 'State' for unemployment benefits for ex-service members. 'Federal service' means honorable active duty completed or ended for specific approved reasons. These definitions apply subchapter I's rules, with this subchapter's changes, to people with Federal service.
(a) For this subchapter: (1) 'Federal service' means active duty (not counting reserve duty unless it lasted 180 continuous days or more) in the armed forces or NOAA's Commissioned Corps, but only if (A) the person was discharged or released under honorable conditions (and, if an officer, didn't resign to avoid trouble), and (B) either (i) the person finished the first full term of duty they originally agreed to serve, or (ii) they were discharged or released early because (I) the government offered an early-release program, (II) of a medical problem, pregnancy, becoming a parent, or a service-related injury or disability, (III) of hardship — including a 'sole survivorship' discharge as defined in section 1174(i) of title 10, or (IV) of a personality disorder or lack of fitness, but only if they'd served 365 continuous days or more. (2) 'Federal wages' means all pay and allowances, cash or in-kind, for that Federal service, figured using the pay grade the person held at their most recent discharge or release, under the schedule in effect when they file their first benefit claim. The Labor Secretary must issue, from time to time and after checking with the Defense Secretary, schedules listing the pay and allowances for each pay grade covered here. (3) 'State' means the states, D.C., Puerto Rico, and the Virgin Islands.
(b) Subchapter I's rules apply to people with Federal service as defined in (a), with the changes this subchapter makes.
For the purpose of this subchapter—
“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 (including pursuant to a sole survivorship discharge, as that term is defined in section 1174(i) of title 10), or
because of personality disorders or inaptitude but only if the service was continuous for 365 days or more;
“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
“State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
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.
Source credit: (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.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 590
- 1967Amended · Pub. L. 90-83 · 81 Stat. 218
- 1976Amended · Pub. L. 94-566 · 90 Stat. 2673
- 1980Amended · Pub. L. 96-215 · 94 Stat. 124
- 1980Amended · Pub. L. 96-364 · 94 Stat. 1310
- 1981Amended · Pub. L. 97-35 · 95 Stat. 876
- 1982Amended · Pub. L. 97-362 · 96 Stat. 1732
- 1991Amended · Pub. L. 102-164 · 105 Stat. 1059
- 2008Amended · Pub. L. 110-317 · 122 Stat. 3529
- 2015Amended · Pub. L. 114-92 · 129 Stat. 809
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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