
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: 5USC8509]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                  CHAPTER 85--UNEMPLOYMENT COMPENSATION
 
                    SUBCHAPTER I--EMPLOYEES GENERALLY
 
Sec. 8509. Federal Employees Compensation Account

    (a) The Federal Employees Compensation Account (as established by 
section 909 of the Social Security Act, and hereafter in this section 
referred to as the ``Account'') in the Unemployment Trust Fund (as 
established by section 904 of such Act) shall consist of--
        (1) funds appropriated to or transferred thereto, and
        (2) amounts deposited therein pursuant to subsection (c).

    (b) Moneys in the Account shall be available only for the purpose of 
making payments to States pursuant to agreements entered into under this 
chapter and making payments of compensation under this chapter in States 
which do not have in effect such an agreement.
    (c)(1) Each employing agency shall deposit into the Account amounts 
equal to the expenditures incurred under this chapter on account of 
Federal service performed by employees and former employees of that 
agency.
    (2) Deposits required by paragraph (1) shall be made during each 
calendar quarter and the amount of the deposit to be made by any 
employing agency during any quarter shall be based on a determination by 
the Secretary of Labor as to the amounts of payments, made prior to such 
quarter from the Account based on Federal service performed by employees 
of such agency after December 31, 1980, with respect to which deposit 
has not previously been made. The amount to be deposited by any 
employing agency during any calendar quarter shall be adjusted to take 
account of any overpayment or underpayment of deposit during any 
previous quarter for which adjustment has not already been made.
    (3) If any Federal agency does not deposit in the Federal Employees 
Compensation Account any amount before the date 30 days after the date 
on which the Secretary of Labor has notified such agency that it is 
required to so deposit such amount, the Secretary of Labor shall notify 
the Secretary of the Treasury of the failure to make such deposit and 
the Secretary of the Treasury shall transfer such amount to the Federal 
Employees Compensation Account from amounts otherwise appropriated to 
such Federal agency.
    (d) The Secretary of Labor shall certify to the Secretary of the 
Treasury the amount of the deposit which each employing agency is 
required to make to the Account during any calendar quarter, and the 
Secretary of the Treasury shall notify the Secretary of Labor as to the 
date and amount of any deposit made to such Account by any such agency.
    (e) Prior to the beginning of each fiscal year (commencing with the 
fiscal year which begins October 1, 1981) the Secretary of Labor shall 
estimate--
        (1) the amount of expenditures which will be made from the 
    Account during such year, and
        (2) the amount of funds which will be available during such year 
    for the making of such expenditures,

and if, on the basis of such estimate, he determines that the amount 
described in paragraph (2) is in excess of the amount necessary--
        (3) to meet the expenditures described in paragraph (1), and
        (4) to provide a reasonable contingency fund so as to assure 
    that there will, during all times in such year, be sufficient sums 
    available in the Account to meet the expenditures described in 
    paragraph (1),

he shall certify the amount of such excess to the Secretary of the 
Treasury and the Secretary of the Treasury shall transfer, from the 
Account to the general fund of the Treasury, an amount equal to such 
excess.
    (f) The Secretary of Labor is authorized to establish such rules and 
regulations as may be necessary or appropriate to carry out the 
provisions of this section.
    (g) Any funds appropriated after the establishment of the Account, 
for the making of payments for which expenditures are authorized to be 
made from moneys in the Account, shall be made to the Account; and there 
are hereby authorized to be appropriated to the Account, from time to 
time, such sums as may be necessary to assure that there will, at all 
times, be sufficient sums available in the Account to meet the 
expenditures authorized to be made from moneys therein.
    (h) For purposes of this section, the term ``Federal service'' 
includes Federal service as defined in section 8521(a).

(Added Pub. L. 96-499, title X, Sec. 1023(b), Dec. 5, 1980, 94 Stat. 
2657; amended Pub. L. 97-362, title II, Sec. 202(a), Oct. 25, 1982, 96 
Stat. 1732; Pub. L. 102-318, title V, Sec. 532(a), July 3, 1992, 106 
Stat. 317.)

                       References in Text

    Sections 909 and 904 of the Social Security Act, referred to in 
subsec. (a), are classified to sections 1109 and 1104, respectively, of 
Title 42, The Public Health and Welfare.


                               Amendments

    1992--Subsec. (c)(3). Pub. L. 102-318 added par. (3).
    1982--Subsecs. (b), (c)(1). Pub. L. 97-362, Sec. 202(a)(1), 
substituted ``chapter'' for ``subchapter'' wherever appearing.
    Subsec. (h). Pub. L. 97-362, Sec. 202(a)(2), added subsec. (h).


                    Effective Date of 1992 Amendment

    Section 532(b) of Pub. L. 102-318 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to failures 
outstanding on the date of the enactment of this Act [July 3, 1992] or 
at any time thereafter.''


                    Effective Date of 1982 Amendment

    Section 202(b)(1) of Pub. L. 97-362 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on 
October 1, 1983.''


        Transfer of Appropriated Unemployment Compensation Funds

    Pub. L. 97-362, title II, Sec. 202(b)(2), Oct. 25, 1982, 96 Stat. 
1733, provided that: ``All funds appropriated which are available (on 
October 1, 1983) for the making of payments to States under chapter 85 
of title 5, United States Code, on the basis of Federal service (as 
defined in section 8521(a) of such title 5) or for the making of 
payments under such chapter on the basis of such service in States which 
do not have in effect an agreement under such chapter, shall be 
transferred on such date to the Federal Employees Compensation Account 
established by section 909 of the Social Security Act [42 U.S.C. 1109]. 
On and after such date, all payments described in the preceding sentence 
shall be made from such account as provided by section 8509 of such 
title 5.''
    Section 1023(c) of Pub. L. 96-499 provided that: ``All funds 
appropriated which are available for the making of payments to States 
after December 31, 1980, pursuant to agreements entered into under 
subchapter I of chapter 85 of title 5, United States Code, or for the 
making of payments after such date of compensation under such subchapter 
in States which do not have in effect such an agreement, shall be 
transferred on January 1, 1981, to the Federal Employees Compensation 
Account established by section 909 of the Social Security Act [42 U.S.C. 
1109]. On and after such date, all payments described in the preceding 
sentence shall be made from such Account as provided by section 8509 of 
title 5, United States Code.''

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 1109.
