5 USC § 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 90 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.

Source

(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.)

Historical and Revision Notes

1966 Act

Derivation	U.S. Code	Revised Statutes and Statutes at Large
	42 U.S.C. 1371 (a)–(c).	Aug. 28, 1958, Pub. L. 85–848, § 3 “Sec. 1511(a)–(c)”, 72 Stat. 1088.

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.

Codification

Section 8 ofPub. L. 102–107, Aug. 17, 1991, 105 Stat. 546, which contained provisions substantially identical to those of section 301 ofPub. L. 102–164, amending this section and enacting provisions set out below, did not become effective pursuant to section 10(b) ofPub. L. 102–107, because the President did not take the action required by that section by Aug. 17, 1991.

Amendments

2008—Subsec. (a)(1)(B)(ii)(III). Pub. L. 110–317substituted “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”.

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. 97–35substituted “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. 96–215inserted “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. 96–364substituted “365” for “90”.

1976—Subsec. (a)(3). Pub. L. 94–566added the Virgin Islands to definition of “State”.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–317applicable with respect to any sole survivorship discharge granted after Aug. 29, 2008, see section 10 ofPub. L. 110–317, set out as a note under section 2108 of this title.

Effective Date of 1991 Amendment

Section 301(c) ofPub. L. 102–164provided 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

Section 201(c) ofPub. L. 97–362provided 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

Section 2405(b) ofPub. L. 97–35provided 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

Section 415(b) ofPub. L. 96–364provided 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. 96–215applicable 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) ofPub. L. 96–215, set out as a note under section 8501 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–566applicable 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) ofPub. L. 94–566, set out as a note under section 3304 of Title 26.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–83effective as of Sept. 6, 1966, for all purposes, see section 9(h) ofPub. L. 90–83, set out as a note under section 5102 of this title.