5 U.S.C. § 8525: Effect on other statutes

Summary

A person is removed from the rule in subsection (b)(2) if they meet all four things: they would otherwise get compensation under this subchapter; they are covered by 38 U.S.C. 3311(b); they are not getting retired pay under title 10; and they were honorably discharged or released from the Armed Forces or NOAA Commissioned Corps (including by a reduction in force) and did not voluntarily leave. A person cannot get compensation under this subchapter for any time they are getting certain VA payments: a subsistence allowance under chapter 31 of title 38 or part VIII of Veterans Regulation Numbered 1(a); an educational assistance allowance under chapter 33 of title 38 (except for people described above); or an educational assistance allowance under chapter 35 of title 38.

Title 5, §8525

Government Organization and Employees, Source: USLM XML via OLRC

(a)Subsection (b)(2) does not apply to an individual who—

(1)is otherwise entitled to compensation under this subchapter;

(2)is described in section 3311(b) of title 38;

(3)is not receiving retired pay under title 10; and

(4)was discharged or released from service in the Armed Forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration (including through a reduction in force) under honorable conditions, but did not voluntarily separate from such service.

(b)An individual is not entitled to compensation under this subchapter for any period with respect to which the individual receives—

(1)a subsistence allowance under chapter 31 of title 38 or under part VIII of Veterans Regulation Numbered 1(a);

(2)except in the case of an individual described in subsection (a), an educational assistance allowance under chapter 33 of title 38; or

(3)an educational assistance allowance under chapter 35 of title 38.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 42 U.S.C. 1371(g)–(i).Aug. 28, 1958, Pub. L. 85–848, § 3 “Sec. 1511 (g)–(i)”, 72 Stat. 1089.Sept. 2, 1958, Pub. L. 85–857, § 13(i)(3), 72 Stat. 1265. In subsection (b), the words “an education and training allowance under subsection (a), (b), (c), or (d) of section 1632 of title 38” are omitted as obsolete. The authority to pay an education and training allowance under section 1632 of title 38 terminated on

January 31, 1965, pursuant to section 1613(a) of title 38. section 1371(i) of title 42, providing that certain individuals are not entitled to unemployment compensation under the provisions of subchapter I of chapter 41 of title 38, is omitted as obsolete. Subchapter I of chapter 41 of title 38, which related to unemployment compensation for Korean conflict veterans, was repealed by the Act of Sept. 19, 1962, Pub. L. 87–675, 76 Stat. 558. 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 ActThis section deletes subsection (a) of 5 U.S.C. 8525. That subsection is now obsolete in view of the repeal, effective

July 1, 1966, of chapter 43 of title 38, U.S.C., by Public Law 89–50, section 1(a) (79 Stat. 173).

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–92, § 560(b), added subsec. (a). Subsec. (b). Pub. L. 114–92, § 560(a)(1), substituted “the individual receives” for “he receives” in introductory provisions. Subsec. (b)(2), (3). Pub. L. 114–92, § 560(a)(2)–(4), added par. (2) and redesignated former par. (2) as (3).

§8525 Effect on Other Statutes