
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8521]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                  CHAPTER 85--UNEMPLOYMENT COMPENSATION
 
                      SUBCHAPTER II--EX-SERVICEMEN
 
Sec. 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, 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 590; Pub. L. 90-83, Sec. 1(89), 
Sept. 11, 1967, 81 Stat. 218; Pub. L. 94-566, title I, Sec. 116(e)(4), 
Oct. 20, 1976, 90 Stat. 2673; Pub. L. 96-215, Sec. 4(b), Mar. 25, 1980, 
94 Stat. 124; Pub. L. 96-364, title IV, Sec. 415(a), Sept. 26, 1980, 94 
Stat. 1310; Pub. L. 97-35, title XXIV, Sec. 2405(a), Aug. 13, 1981, 95 
Stat. 876; Pub. L. 97-362, title II, Sec. 201(a), (b), Oct. 25, 1982, 96 
Stat. 1732; Pub. L. 102-164, title III, Sec. 301(a), (b), Nov. 15, 1991, 
105 Stat. 1059.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     42 U.S.C. 1371 (a)-(c).       Aug. 28, 1958, Pub.
                                                    L. 85-848, Sec.  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 of Pub. L. 102-107, Aug. 17, 1991, 105 Stat. 546, which 
contained provisions substantially identical to those of section 301 of 
Pub. L. 102-164, amending this section and enacting provisions set out 
below, did not become effective pursuant to section 10(b) of Pub. L. 
102-107, because the President did not take the action required by that 
section by Aug. 17, 1991.


                               Amendments

    1991--Subsec. (a)(1). Pub. L. 102-164, Sec. 301(b), substituted ``90 
days'' for ``180 days''.
    Subsec. (c). Pub. L. 102-164, Sec. 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, Sec. 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, Sec. 201(b), added subsec. (c).
    1981--Subsec. (a)(1)(B). Pub. L. 97-35 substituted ``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. 96-215 inserted ``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. 96-364 substituted ``365'' for ``90''.
    1976--Subsec. (a)(3). Pub. L. 94-566 added the Virgin Islands to 
definition of ``State''.


                    Effective Date of 1991 Amendment

    Section 301(c) of Pub. L. 102-164 provided 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) of Pub. L. 97-362 provided 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) of Pub. L. 97-35 provided 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) of Pub. L. 96-364 provided 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. 96-215 applicable 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) of Pub. L. 96-215, 
set out as a note under section 8501 of this title.


                    Effective Date of 1976 Amendment

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


                    Effective Date of 1967 Amendment

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

                  Section Referred to in Other Sections

    This section is referred to in sections 8509, 8523 of this title; 
title 19 section 2291.
