§8504 — Title 5 Government Organization and Employees | U.S. Code

Summary

Under rules made by the Secretary of Labor, a federal employee’s federal service and wages must be counted for the state where they last had an official federal job before they file their first claim for benefits for that benefit year. If the person lives in a different state when they file and they worked in that state after leaving federal service under that state’s unemployment law, then their service and wages go to that other state. If their last official federal job before filing was outside the United States, their service and wages go to the state where they live when they file.

Title 5, §8504

Government Organization and Employees — Source: USLM XML via OLRC

Under regulations prescribed by the Secretary of Labor, the Federal service and Federal wages of a Federal employee shall be assigned to the State in which he had his last official station in Federal service before the filing of his first claim for compensation for the benefit year. However—

(1)if, at the time of filing his first claim, he resides in another State in which he performed, after the termination of his Federal service, service covered under the unemployment compensation law of the other State, his Federal service and Federal wages shall be assigned to the other State; and

(2)if his last official station in Federal service, before filing his first claim, was outside the United States, his Federal service and Federal wages shall be assigned to the State where he resides at the time he files his first claim.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 42 U.S.C. 1364.Sept. 1, 1954, ch. 1212, § 4(a) “Sec. 1504”, 68 Stat. 1133. Sept. 13, 1960, Pub. L. 86–778, § 542(b)(2), 74 Stat. 986. 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 Section of title 5Source (U.S. Code)Source (Statutes at Large) 8504(3)[Uncodified].Sept. 13, 1960, Pub. L. 86–778, § 542(a)(2), 74 Stat. 985. This section also amends 5 U.S.C. 8504 to eliminate certain provisions that are now obsolete. The obsolete provisions were based on section 542(b)(2) of the act of

September 13, 1960, 74 Stat. 986, that amended section 1504 of the Social Security Act effective

January 1, 1961, but only in the case of first claims filed before

January 1, 1966. Any existing rights are preserved by section 7 of this bill.

Editorial Notes

Amendments

1976—Par. (3). Pub. L. 94–566 struck out par. (3) which covered the assignment to the Virgin Islands of the Federal service and Federal wages of Federal employees whose first claims were filed while residing in the Virgin Islands.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment 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), set out as a note under section 3304 of Title 26.

§8504 Assignment of Federal service and wages