Page images
PDF
EPUB

such failure to comply. Until he is so satisfied he shall make no further certification to the Secretary of the Treasury with respect to such State.

Definition

Sec. 1405. For the purposes of this title, the term "aid to the permanent, ly and totally disabled" means money payments to, or medical care in behalf of, or any type of remedial care recognized under State law in behalf of, needy individuals eighteen years of age or older who are permanently and totally disabled, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual (a) who is a patient in an institution for tuberculosis or mental diseases, or (b) who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.

[graphic][ocr errors]

TITLE XV—UNEMPLOMENT COMPENSATION FOR FED
ERAL EMPLOYEES AND THE EX-SERVICEMEN'S UN
EMPLOYMENT COMPENSATION PROGRAM1

Page-
Sec. 1501. Definitions- 176

Sec. 1502. Compensation for Federal Employees Under State Agreements. 177
Sec. 1503. Compensation for Federal Employees in Absence of State

Agreement 178

Sec. 1504 State to which Federal Service and Wages Are Assigned 180

Sec. 1505. [Repealed.]

Sec. 1506. Payments to States 180

Sec. 1507. Information 181

Sec. 1508. Penalties 182

Sec. 1509. Regulations,.. 182

Sec. 1510. Appropriations 183

Sec. 1511. Ex-Servicemen's Unemployment Compensation Program 183

Definitions

Section 1501. When used in this title—

(a) 2 The term "Federal service" means any service performed after 1952 in the employ of the United States or any instrumentality thereof which is wholly or partially3 owned by the United States, except that the term does not include service (other than service to which section 1511 applies) performed—

(1) by an elective officer in the executive or legislative branch of the Government of the United States;

(2) as a member of^the Armed Forces of the United States4;

(3) by foreign service personnel for whom special separation allowances are provided by the Foreign Service Act of 1946 (60 Stat. 999);

(4) prior to January 1,1955, for the Bonneville Power Administrator if such service constitutes employment under section 1607 (m) of the Internal Revenue Code of 1939;

(5) outside the United States by an individual who is not a citizen of the United States;

(6) by any individual as an employee who is excluded by Executive order from the operation of the Civil Service Retirement Act of 1930 because he is paid on a contract or fee basis;

(7) by any individual as an employee receiving nominal compensation of $12 or less per annum;

(8) in a hospital, home, or other institution of the United States by a patient or inmate thereof;

* This table of contents does not appear In the law.

1 Title XV has been compiled by the United States Department of Labor. Title XV was added to the Social Security Act of P. L. 83-767 and amended by P. L. 85-848. See footnote 1 In Title III.

2 See P. L. 86-778, sec. 531 (g), p. 233, for applicability of sec. 1501 (a) to Federal land banks, Federal Intermediate credit banks, and banks for cooperatives.

'P. L. 86-778. sec. 531 (e), struck out "wholly" and Inserted In Hen thereof "wholly or partially" applicable with respect to any week of unemployment which begins after December 31,19fiO.

*The term "Federal service", In regard to ex-servicemen, is defined In subsec. 1511 (b).

176

(9) by any individual as an employee included under section 2 of the Act of August 4,1947 (relating to certain interns, student nurses, and other student employees of hospitals of the Federal Government; 5 U. S. C., sec. 1052);

(10) by any individual as an employee serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;

(11) by any individual as an employee who is employed under a Federal relief program to relieve him from unemployment;

(12) as a member of a State, county, or community committee under the Production and Market Administration or of any other board, council, committee, or other similar body, unless such board, council, committee, or other body is composed exclusively of individuals otherwise in the full-time employ of the United States; or

(13) by an officer or a member of the crew on or in connection with an American vessel (A) owned by or bareboat chartered to the United States and (B) whose business is conducted by a general agent of the Secretary of Commerce, if contributions on account of such service are required to be made to an unemployment fund under a State unemployment compensation law pursuant to section 1606 (g) of the Internal Eevenue Code of 1939 or section 3305 (g) of the Internal Revenue Code of 1954.

For the purpose of paragraph (5) of this subsection, the term "United States" when used in the geographical sense means the States,6 the District of Columbia, the Commonwealth of6 Puerto Eico, and the Virgin Islands.

(b) The term "Federal wages" means all remuneration for Federal service, including cash allowances and remuneration in any medium other than cash.7

(c) The term "Federal employee" means an individual who has performed Federal service.

(d) The term "compensation" means cash benefits payable to individuals with respect to their unemployment (including any portion thereof payable with respect to dependents).

(e) The term "benefit year" means the benefit year as defined in the applicable State unemployment compensation law; except that, if such State law does not define a benefit year, then such term means the period prescribed in the agreement under this title with such State or, in the absence of an agreement, the period prescribed by the Secretary.

(f) The term "Secretary" means the Secretary of Labor.

Compensation for Federal Employees Under State Agreements

Sec. 1502. (a) The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with the agency administering the unemployment compensation law of such State, under which such State agency (1) will make, as agent of the United States, payments of compensation, on the basis provided in subsection (b) of this section, to Federal employees, and (2) will otherwise cooperate with the Secretary and with other State agencies in making payments of compensation under this title.

"P. L. 86-624, sec. 30 (g), struck out "Alaska, Hawaii," effective July 12, 1960. ,. 'P. L. 86-778, sec. 542 (d), amended the last sentence of section 1501 (a) by changing 'a" before "geographical sense" to "the" and "Puerto Eico" to "the Commonwealth of Puerto Rico" effective September 13, 1960.

'The term "Federal wages" in regard to ex-servicemen is defined in subsec. 1511 (c).

(b) (1) Except as provided in paragraph (2), any 8 such agreement shall provide that compensation will be paid by the State to any Federal employee, with respect to unemployment after December 31,1954. in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to such employee under the unemploj^ment compensation law of the State if the Federal service and Federal wages of such employee assigned to such State under section 1504 had been included as employment and wages under such law.

(2) In the case of the Commonwealth of Puerto Rico, the agree ment shall provide that compensation will be paid by the Commonwealth of Puerto Rico to any Federal employee whose Federal service and Federal wages are assigned under section 1504 to such Commonwealth, with respect to unemployment after December 31, 1960 (but only in the case of weeks of unemployment beginning before January 1, 1966), in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to such employee under the unemployment compensation law of the District of Columbia if such employee's Federal service and Federal wages had been included as employment and wages under such law, except that if such employee, without regard to his Federal service and F.ederal wages, has employment or wages sufficient to qualify for any compensation during the benefit year under such law, then payments of compensation under this subsection shall be made only on the basis of his Federal service and Federal wages. In applying this paragraph or subsection (b) of section 1503, as the case may be, employment and wages under the unemployment compensation law of the Commonwealth of Puerto Rico shall not be combined with Federal service or Federal wages.9

(c) Any determination by a State agency with respect to entitlement to compensation pursuant to an agreement under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law. and only in such manner and to such extent.

(d) Each agreement shall provide the terms and conditions upon which the agreement may be amended or terminated.

Compensation for Federal Employees in Absence of State

Agreement

Sec. 1503. (a) In the case of a Federal employee whose Federal service and Federal wages are assigned under section 1504 to a State which does not have an agreement under this title with the Secretary, the Secretary, in accordance with regulations prescribed by him, shall, upon the filing by such employee of a claim for compensation

•P. L. 86-778, sec. 542 (b) (1), struck out "(b) Any" and Inserted In lieu thereof "(b) (1) Except as provided In paragraph (2), any" effective on and after January 1 1961 (but only In the case of weeks of unemployment beginning before January 1 1966)

"P. L. 86-778, sec. 542 (b) (1), added new paragraph (2) effective on and after January 1, 1961 (but only in the case of weeks of unemployment beginning before January 1, 1»6«).

under this subsection, make payments of compensation to him with respect to unemployment after December 31,1954, in the same amounts, on the same terms, and subject to the same conditions as would be paid to him under the unemployment compensation law of such State if such employee's Federal service and Federal wages had been included as employment and wages under such law, except that if such employee, without regard to his Federal service and Federal wages, has employment or wages sufficient to qualify for any compensation during the benefit year under the law of such State, then payments of compensation under this subsection shall be made only on the basis of his Federal service and Federal wages. For the purposes of this subsection, the term "State" does not include the Commonwealth of Puerto Rico.10

(b) In the case of a Federal employee whose Federal service and Federal wages are assigned under section 1504 to " the Virgin Islands, the Secretary, in accordance with regulations prescribed by him, shall, upon the filing by such employee of a claim for compensation under this subsection, make payments of compensation to him with respect to unemployment after December 31, 1954, in the same amounts, on the same terms, and subject to the same conditions as would be paid to him. under the unemployment compensation law of the District of Columbia if such employee's Federal service and Federal wages had been included as employment and wages under such law, except that if such employee, without regard to his Federal service and Federal wages, has employment or wages sufficient to qualify for any compensation during the benefit year under such law, then payments of compensation under this subsection shall be made only on the basis of his Federal service and Federal wages. This subsection shall apply in respect of the Commonwealth of Puerto Rico only if such Commonwealth does not have an agreement under this title with the Secretary.12

(c) Any Federal employee whose claim for compensation under subsection (a) or (b) of this section has been denied shall be entitled to a fair hearing in accordance with regulations prescribed by the Secretary. Any final determination by the Secretary with respect to entitlement to compensation under this section shall be subject to review by the courts in the same manner and to the same extent as is provided in section 205 (g) with respect to final decisions of the Secretary of Health, Education, and Welfare under title II.

(d) The Secretary may utilize for the purposes of this section the personnel and facilities of the agency 13 in 14 the Virgin Islands cooperating with the United States Employment Service under the Act of June 6,1933 (48 Stat. 113), as amended, and may delegate to officials of such agency 15 any authority granted to him by this section when

10P. L. 86-778, sec. 542 (b) (1) (B), added the last sentence effective on and after January 1, 1961 (but only In the case of weeks of unemployment beginning before January 1, 19®6).

11 P. L. 86-778, sec. 542 (a) (1), struck out "Puerto Rico or" effective with respect to weeks of unemployment beginning after December 31, 1965.

33P. L. 86-778, sec. 542 (b) (1) (C), added the last sentence effective on and after January 1, 1961 (but only in the case of weeks of unemployment beginning before January 1, 1966).

13P. Ia 86-778, sec. 542 (c) (1), struck out "agencies" each place It appeared In subsection (d) and Inserted In lieu thereof "agency" effective on and after January 1, 1961.

11 P. L. 86-778, sec. 542 (c) (1), struck out "Puerto Kico and" effective on and after January 1, 1961.

M See footnote 13.

« PreviousContinue »