5 U.S.C. § 8521
5 U.S.C. § 8521
| 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. | |
1967 ACTThis 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.
EDITORIAL NOTES
CODIFICATION Section 8, Aug. 17, 1991 of Pub. L. 102-107, 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.
AMENDMENTS2015-Subsec. (a)(1). Pub. L. 114-92 substituted "180 days" for "90 days" in introductory provisions. 2008-Subsec. (a)(1)(B)(ii)(III). Pub. L. 110-317 substituted "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" in introductory provisions.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. 97-35 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".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-92, div. A, title V, §513(b), Nov. 25, 2015, 129 Stat. 809, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 25, 2015], and shall apply with respect to periods of Federal service commencing on or after that date."
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-317 applicable with respect to any sole survivorship discharge granted after Aug. 29, 2008, see section 10 of Pub. L. 110-317 set out as a note under section 2108 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102-164, title III, §301(c), Nov. 15, 1991, 105 Stat. 1059, 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 Pub. L. 97-362, title II, §201(c), Oct. 25, 1982, 96 Stat. 1732, 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 Pub. L. 97-35, title XXIV, §2405(b), Aug. 13, 1981, 95 Stat. 876, 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 Pub. L. 96-364, title IV, §415(b), Sept. 26, 1980, 94 Stat. 1310, 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.