
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8501]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                  CHAPTER 85--UNEMPLOYMENT COMPENSATION
 
                    SUBCHAPTER I--EMPLOYEES GENERALLY
 
Sec. 8501. Definitions

    For the purpose of this subchapter--
        (1) ``Federal service'' means service performed after 1952 in 
    the employ of the United States or an instrumentality of the United 
    States which is wholly or partially owned by the United States, but 
    does not include service (except service to which subchapter II of 
    this chapter applies) performed--
            (A) by an elective official in the executive or legislative 
        branch;
            (B) as a member of the armed forces or the Commissioned 
        Corps of the National Oceanic and Atmospheric Administration;
            (C) by members of the Foreign Service for whom payments are 
        provided under section 609(b)(1) of the Foreign Service Act of 
        1980;
            (D) outside the United States, the Commonwealth of Puerto 
        Rico, and the Virgin Islands by an individual who is not a 
        citizen of the United States;
            (E) by an individual excluded by regulations of the Office 
        of Personnel Management from the operation of subchapter III of 
        chapter 83 of this title because he is paid on a contract or fee 
        basis;
            (F) by an individual receiving nominal pay and allowances of 
        $12 or less a year;
            (G) in a hospital, home, or other institution of the United 
        States by a patient or inmate thereof;
            (H) by a student-employee as defined by section 5351 of this 
        title;
            (I) by an individual serving on a temporary basis in case of 
        fire, storm, earthquake, flood, or other similar emergency;
            (J) by an individual employed under a Federal relief program 
        to relieve him from unemployment;
            (K) as a member of a State, county, or community committee 
        under the Agricultural Stabilization and Conservation Service or 
        of any other board, council, committee, or other similar body, 
        unless the board, council, committee, or other body is composed 
        exclusively of individuals otherwise in the full-time employ of 
        the United States; or
            (L) by an officer or a member of the crew on or in 
        connection with an American vessel--
                (i) owned by or bareboat chartered to the United States; 
            and
                (ii) whose business is conducted by a general agent of 
            the Secretary of Commerce;

        if contributions on account of the service are required to be 
        made to an unemployment fund under a State unemployment 
        compensation law under section 3305(g) of title 26;

        (2) ``Federal wages'' means all pay and allowances, in cash and 
    in kind, for Federal service;
        (3) ``Federal employee'' means an individual who has performed 
    Federal service;
        (4) ``compensation'' means cash benefits payable to an 
    individual with respect to his unemployment including any portion 
    thereof payable with respect to dependents;
        (5) ``benefit year'' means the benefit year as defined by the 
    applicable State unemployment compensation law, and if not so 
    defined the term means the period prescribed in the agreement under 
    this subchapter with a State or, in the absence of such an 
    agreement, the period prescribed by the Secretary of Labor;
        (6) ``State'' means the several States, the District of 
    Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands;
        (7) ``United States'', when used in a geographical sense, means 
    the States; and
        (8) ``base period'' means the base period as defined by the 
    applicable State unemployment compensation law for the benefit year.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 585; Pub. L. 94-566, title I, 
Sec. 116(e)(1), title II, Sec. 214(b), Oct. 20, 1976, 90 Stat. 2672, 
2678; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 
1224; Pub. L. 96-215, Sec. 4(a), Mar. 25, 1980, 94 Stat. 124; Pub. L. 
96-465, title II, Sec. 2314(h), Oct. 17, 1980, 94 Stat. 2168.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     42 U.S.C. 1361.               Sept. 1, 1954, ch.
                                                    1212, Sec.  4(a)
                                                    ``Sec. 1501'', 68
                                                    Stat. 1130.
                     ............................  Aug. 28, 1958, Pub.
                                                    L. 85-848, Sec.  2,
                                                    72 Stat. 1087.
                     ............................  July 12, 1960, Pub.
                                                    L. 86-624, Sec.
                                                    30(g), 74 Stat. 420.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-778, Secs.
                                                    531(e), 542(d), 74
                                                    Stat. 984, 986.
------------------------------------------------------------------------

    Clause (4) of former section 1361(a) is omitted as obsolete.
    In paragraph (1)(A), the word ``official'' is substituted for 
``officer'' because of the definition of ``officer'' in section 2104. 
The words ``of the Government of the United States'' are omitted as 
unnecessary.
    In paragraph (1)(E), the words ``by regulations of the Civil Service 
Commission from the operation of subchapter III of chapter 83 of this 
title'' are substituted for ``by Executive order from the operation of 
the Civil Service Retirement Act of 1930'' on authority of the Civil 
Service Retirement Act Amendments of 1956, which are carried into 
subchapter III of chapter 83.
    In paragraph (1)(K), the words ``Agricultural Stabilization and 
Conservation Service'' are substituted for ``Production and Marketing 
Administration'' on authority of Secretary's memorandum 1320, supp. 4 of 
November 2, 1953.
    In paragraph (1)(L), the words ``section 1606(g) of Title 26, 
Internal Revenue Code of 1939'' in former section 1361(a)(13) are 
omitted as obsolete.
    The last sentence of former section 1361 is omitted as its substance 
is included in paragraph (1)(D).
    Former section 1361(f) is omitted as unnecessary as the full title 
of the Secretary of Labor is set out the first time it is used in each 
section.
    Paragraphs (6) and (7) are added on authority of section 1101(a)(1), 
(2) of the Act of Aug. 14, 1935, ch. 531, 49 Stat. 647, as amended; 42 
U.S.C. 1301(a)(1), (2).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 609(b)(1) of the Foreign Service Act of 1980, referred to in 
par. (1)(C), is classified to section 4009(b)(1) of Title 22, Foreign 
Relations and Intercourse.


                               Amendments

    1980--Par. (1)(B). Pub. L. 96-215 inserted ``or the Commissioned 
Corps of the National Oceanic and Atmospheric Administration'' after 
``armed forces''.
    Par. (1)(C). Pub. L. 96-465 substituted ``members of the Foreign 
Service for whom payments are provided under section 609(b)(1) of the 
Foreign Service Act of 1980'' for ``Foreign Service personnel for whom 
special separation allowances are provided under chapter 14 of title 
22''.
    1978--Par. (1)(E). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.
    1976--Par. (6). Pub. L. 94-566, Sec. 116(e)(1), added the Virgin 
Islands in definition of ``State''.
    Par. (8). Pub. L. 94-566, Sec. 214(b), added par. (8).


                    Effective Date of 1980 Amendments

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.
    Section 4(c) of Pub. L. 96-215 provided that: ``The amendments made 
by this section [amending this section and section 8521 of this title] 
shall apply with respect to assignments of services and wages pursuant 
to any first claim (for a benefit year) which is filed after the date of 
the enactment of this Act [Mar. 25, 1980].''


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1976 Amendment

    Amendment by section 116(e)(1) of Pub. L. 94-566 applicable with 
respect to benefit years beginning on or after the later of Oct. 1, 
1976, or the first day of the first week for which compensation becomes 
payable under an unemployment compensation law of the Virgin Islands 
which is approved by the Secretary of Labor under section 3304(a) of 
Title 26, Internal Revenue Code, see section 116(f)(3) of Pub. L. 94-
566, set out as a note under section 3304 of Title 26.
    Section 214(c) of Pub. L. 94-566 provided that: ``The amendments 
made by this section [amending this section and section 8505 of this 
title] shall apply with regard to compensation paid on the basis of 
claims for compensation filed on or after July 1, 1977''.


       Temporary 1990 Census Services Constituting Federal Service

    Determination respecting temporary 1990 census services as Federal 
service for purposes of this subchapter, see section 141 of Pub. L. 101-
382, set out as a note under section 23 of Title 13, Census.
