§ 1105. Extended unemployment compensation account

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Employment Security Amendments of 1970

   Pub. L. 91–373 title III § 305(a) · 84 Stat. 695

   Enacted · 42 U.S.C. § 1105

   Aug. 14, 1935, ch. 531, title IX, § 905, as added Pub. L. 91–373, title III, § 305(a), Aug. 10, 1970, 84 Stat. 716

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title IX, § 905, as added Pub. L. 91–373, title III, § 305(a), Aug. 10, 1970, 84 Stat. 716

   Enacted provision · exact public law section
   (a) Title IX of the Social Security Act is amended by striking out section 905 and inserting in lieu thereof the following new section: “Sec. 905. “Extended Unemployment Compensation Account “establishment of account (a) There is hereby established in the Unemployment Trust Fund an extended unemployment compensation account. For the purposes provided for in section 904(e), such account shall be maintained as a separate book account. “(b) “transfers to account (1) Except as provided by paragraph (3), the Secretary of the Treasury shall transfer (as of the dose of July 1970, and each month thereafter), from the employment security administration account to the extended unemployment compensation account established by subsection (a), an amount determined by him to be equal, in the case of any month before April 1972, to one-fifth, and in the case of any month after March 1972, to one-tenth, of the amount by which— “(A) transfers to the employment security administration account pursuant to section 901(b)(2) during such month, exceed 74 Stat. 970. 42 USC 1101. “(B) payments during such month from the employment security administration account pursuant to section 901 (b)(3) and (d). If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred. “(2) Whenever the Secretary of the Treasury determines pursuant to section 901(f) that there is an excess in the employment security Ante, p. 715. administration account as of the close of any fiscal year beginning after June 30, 1972, there shall be transferred (as of the beginning of the succeeding fiscal year) to the extended unemployment compensation account the total amount of such excess or so much thereof as is required to increase the amount in the extended unemployment compensation account to whichever of the following is the greater: “(A) $750,000,000, or “(B) the amount (determined by the Secretary of Labor and certified by him to the Secretary of the Treasury) equal to one-eighth of 1 percent of the total wages subject (determined without any limitation on amount) to contributions under all State unemployment compensation laws for the calendar year ending during the fiscal year for which the excess is determined. “(3) The Secretary of the Treasury shall make no transfer pursuant to paragraph (1) as of the close of any month if he determines that the amount in the extended unemployment compensation account is equal to (or in excess of) the limitation provided in paragraph (2). “(c) “transfers to state accounts Amounts in the extended unemployment compensation account shall be available for transfer to the accounts of the States in the Unemployment Trust Fund as provided in section 204(e) of the Federal-State Extended Unemployment Compensation Act of 1970. Ante,p. 711. “(d) “advances to extended unemployment compensation account and repayment There are hereby authorized to be appropriated, without fiscal Appropriation. year limitation, to the extended unemployment compensation account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of the Federal-State Extended Unemployment Compensation Act of 1970. Amounts appropriated as Ante, p. 708. repayable advances shall be repaid, without interest, by transfers from the extended unemployment compensation account to the general fund of the Treasury, at such times as the amount in the extended unemployment compensation account is determined by the Secretary or the Treasury, in consultation with the Secretary of Labor, to be adequate for such purpose. Any amount transferred as a repayment under this subsection shall be credited against, and shall operate to reduce, any balance of advances repayable under this subsection.”

2. 1972

   Pub. L. 92–329 § 2(c) · 86 Stat. 398

   Inserted · 42 U.S.C. § 1105(b)(1)

   Pub. L. 92–329 inserted provisions for transfers in the case of any month after March 1973 and before April 1974

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 92–329 inserted provisions for transfers in the case of any month after March 1973 and before April 1974.

   Enacted provision · exact public law section
   (c) Section 905(b)(1) of the Social Security Act is amended by adding at the end thereof the following new sentence: “In the case of any month after March 1973 and before April 1974, the first sentence of this paragraph shall be applied by substituting ‘thirteen fifty-eighths’ for ‘onetenth’.”

3. 1976

   Unemployment Compensation Amendments of 1976

   Pub. L. 94–566 title II § 211(e)(2)(s2) · 90 Stat. 2667

   Substituted · 42 U.S.C. § 1105(b)(1)

   Pub. L. 94–566 substituted “In the case of any month after March 1977 and before April of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment Tax Act applies, the first sentence of this paragraph shall be applied by substituting ‘five-fourteenths’ for ‘one-tenth’ ” for “In the case of any month after March 1973 and before April 1974, the first sentence of this paragraph shall be applied by substituting ‘thirteen fifty-eighths’ for ‘one-tenth’ ”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 94–566 substituted “In the case of any month after March 1977 and before April of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment Tax Act applies, the first sentence of this paragraph shall be applied by substituting ‘five-fourteenths’ for ‘one-tenth’ ” for “In the case of any month after March 1973 and before April 1974, the first sentence of this paragraph shall be applied by substituting ‘thirteen fifty-eighths’ for ‘one-tenth’ ”.

   Enacted provision · exact public law section
   SEC. 211. INCREASE IN FEDERAL UNEMPLOYMENT TAX WAGE BASE AND RATE. (a) Increase in Wage Base.— Paragraph (1) of section 3306(b) of the Internal Revenue Code of 1954 (defining wages) is amended by striking out “$4,200” each place it appears and inserting in lieu thereof “$6,000”. (b) Increase in Tax Rate.— Section 3301 of such Code (relating to rate of Federal unemployment tax) is amended to read as follows: “SEC. 3301. RATE OF TAX. “There is hereby imposed on every employer (as defined in section 3306(a)) for each calendar year an excise tax, with respect to having individuals in bis employ, equal to— “(1) 3.4 percent, in the case of a calendar year beginning before the first calendar year a fter 1976, as of January 1 of which there is not a balance of repayable advances made to the extended unemployed compensation account (established by section 905(a) 42 USC 1105. of the Social Security Act); or “(2) 3.2 percent, in the case of such first calendar year and each calendar year thereafter; of the total wages (as defined in section 3306(b)) paid by him during the calendar year with respect to employment (as defined in section 3306(c)).”. (c) Technical Amendments.— (1) Subparagraph (C) of section 901(c)(3) of the Social Security Act is amended to read as follows: “(C) Each estimate of net receipts under this paragraph shall be based upon (i) a tax rate of 0.5 percent in the case of any calendar year for which the rate of tax under section 3301 of the Federal 26 USC 3301. Unemployment Tax Act is 3.2 percent, and (ii) a tax rate of 0.7 per-cent in the case of any calendar year for which the rate of tax under such section 3301 is 3.4 percent.”. (2) The last sentence of section 905(b)(1) of such Act is 42 USC 1105. amended to read as follows: “In the case of any month after March 1977 and before April of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment Tax Act applies, the first sentence of this paragraph shall be applied 26 USC 3301. by substituting ‘five-fourteenths’ for ‘one-tenth’.”. (3) The last sentence of section 6157(b) of the Internal Revenue Code of 1954 is amended to read as follows; “In the case of 26 USC 6157. wages paid in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.7 percent in lieu of 0.5 percent.”. (d) Effective Dates.— (1) Subsection (a).— The amendment made by subsection (a) 26 USC 3306 note. 26 USC 3301 note. 42 USC 1101 note. shall apply to remuneration paid after December 31, 1977. (2) Subsection (b).— The amendment made by subsection (b) shall apply to remuneration paid after December 31, 1976. (3) Subsection (c).— The amendments made by subsection (c) shall take effect on the date of the enactment of this Act.

4. 1982

   Pub. L. 97–248 § 271(b)(2)(B) · 96 Stat. 324

   1. Substituted · 42 U.S.C. § 1105(b)(1)

      Pub. L. 97–248, § 271(b)(2)(B), substituted “1983” for “1977”

   2. Inserted · 42 U.S.C. § 1105(b)(1)

      Pub. L. 97–248, § 271(b)(2)(B), inserted “1” after “April”

   3. Substituted · 42 U.S.C. § 1105(b)(1)

      Pub. L. 97–248, § 271(b)(2)(B), substituted “40 percent” for “five-fourteenths” in provisions following subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 97–248, § 271(b)(2)(B), substituted “1983” for “1977”, inserted “1” after “April”, and substituted “40 percent” for “five-fourteenths” in provisions following subpar. (B).

   Enacted provision · exact public law section
   (2) Technical amendments.— (A) Subparagraph (C) of section 901(c)(3) of the Social Security Act is amended to read as follows: 42 USC 1101.

5. 1982

   Pub. L. 97–248 § 275 · 96 Stat. 324

   Inserted · 42 U.S.C. § 1105(d)

   Pub. L. 97–248, § 275, inserted provision that repayment shall be made whenever the Secretary of the Treasury determines that the amount then in the account exceeds the amount necessary to meet the anticipated payments from the account during the next 3 months

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–248, § 275, inserted provision that repayment shall be made whenever the Secretary of the Treasury determines that the amount then in the account exceeds the amount necessary to meet the anticipated payments from the account during the next 3 months.

   Enacted provision · exact public law section
   SEC. 275. REQUIRED REPAYMENTS FROM EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT. Subsection (d) of section 905 of the Social Security Act is amended 42 USC 1105. by inserting after the second sentence the following new sentence: “Repayments under the preceding sentence shall be made whenever the Secretary of the Treasury (after consultation with the Secretary of Labor) determines that the amount then in the account exceeds the amount necessary to meet the anticipated payments from the account during the next 3 months.”

6. 1987

   Pub. L. 100–203 § 9154(c)(1) · 101 Stat. 1330

   Substituted · 42 U.S.C. § 1105(b)(1)

   Pub. L. 100–203, § 9154(c)(1), struck out at end “In the case of any month after March 1983 and before April 1 of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment Tax Act applies, the first sentence of this paragraph shall be applied by substituting ‘40 percent’ for ‘one-tenth’.”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 100–203, § 9154(c)(1), struck out at end “In the case of any month after March 1983 and before April 1 of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment Tax Act applies, the first sentence of this paragraph shall be applied by substituting ‘40 percent’ for ‘one-tenth’.”

   Enacted provision · exact public law section
   (1) Section 905(b)(1) of such Act (42 U.S.C. 1105(b)(1)) is amended by striking out the last sentence thereof.

7. 1987

   Pub. L. 100–203 § 9154(b)(2) · 101 Stat. 1330

   Substituted · 42 U.S.C. § 1105(b)(2)(B)

   Pub. L. 100–203, § 9154(b)(2), substituted “three-eighths” for “one-eighth”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 100–203, § 9154(b)(2), substituted “three-eighths” for “one-eighth”.

   Enacted provision · exact public law section
   (2) Section 905(b)(2)(B) of such Act (42 U.S.C. 1105a))(2)(B)) is amended by striking out “one-eighth” and inserting in lieu thereof “three-eighths”.

8. 1987

   Pub. L. 100–203 § 9155(a) · 101 Stat. 1330

   Struck and inserted · 42 U.S.C. § 1105(d)

   Pub. L. 100–203, § 9155(a), struck out “(without interest)” after “account, as repayable advances” and “, without interest,” after “shall be repaid” and inserted sentence at end providing that amounts appropriated as repayable advances for purposes of this subsection shall bear interest

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–203, § 9155(a), struck out “(without interest)” after “account, as repayable advances” and “, without interest,” after “shall be repaid” and inserted sentence at end providing that amounts appropriated as repayable advances for purposes of this subsection shall bear interest.

   Enacted provision · exact public law section
   (a) Extended Unemployment Compensation Account.— Section 905(d) of the Social Security Act (42 U.S.C. 1105(d)) is amended— (1) by striking out “Without interest)” and “, without interest,”; and (2) by adding the following new sentence at the end: “Amounts appropriated as repayable advances for purposes of this subsection shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of such advance, borne by all interest bearing obligations of the United States then forming part of the public debt; except that in cases in which such average rate is not a multiple of one-eighth of 1 percent, the rate of interest shall be the multiple of one-eighth of 1 percent next lower than such average rate.”.

9. 1992

   Unemployment Compensation Amendments of 1992

   Pub. L. 102–318 § 531(a)(1) · 106 Stat. 290

   Amended · 42 U.S.C. § 1105(b)(1)

   Pub. L. 102–318, § 531(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided by paragraph (3), the Secretary of the Treasury shall transfer (as of the close of July 1970, and each month thereafter), from the employment security administration account to the extended unemployment compensation account established by subsection (a) of this section, an amount determined by him to be equal, in the case of any month before April 1972, to one-fifth, and in the case of any month after March 1972, to one-tenth, of the amount by which—

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–318, § 531(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided by paragraph (3), the Secretary of the Treasury shall transfer (as of the close of July 1970, and each month thereafter), from the employment security administration account to the extended unemployment compensation account established by subsection (a) of this section, an amount determined by him to be equal, in the case of any month before April 1972, to one-fifth, and in the case of any month after March 1972, to one-tenth, of the amount by which—

   “(A) transfers to the employment security administration account pursuant to section 1101(b)(2) of this title during such month, exceed “(B) payments during such month from the employment security administration account pursuant to section 1101(b)(3) and (d) of this title. If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred.”

   Enacted provision · exact public law section
   (1) Transfers to account.— Paragraph (1) of section 905(b) 42 USC 1105. of the Social Security Act is amended to read as follows— “(b) (1) Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month), from the employment security administration account to the extended unemployment compensation account established by subsection (a), an amount determined by him to be equal to the sum of— “(A) 100 percent of the transfers to the employment security administration account pursuant to section 901(b)(2) during such month on account of liabilities referred to in section 901(b)(1)(B), plus “(B) 20 percent of the excess of the transfers to such account pursuant to section 901(b)(2) during such month on account of amounts referred to in section 901(b)(1)(A) over the payments during such month from the employment security administration account pursuant to section 901 (b)(3) and (d). If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (B), proper adjustments shall be made in the amounts subsequently transferred.”

   Effective date note
   Amendment by section 531(a) of Pub. L. 102–318 effective July 3, 1992, except that amendment by section 531(a)(2) of Pub. L. 102–318 applicable to fiscal years beginning after Sept. 30, 1993, see section 531(e) of Pub. L. 102–318, set out as a note under section 1102 of this title.

10. 1992

    Unemployment Compensation Amendments of 1992

    Pub. L. 102–318 § 531(a)(2) · 106 Stat. 290

    Substituted · 42 U.S.C. § 1105(b)(2)(B)

    Pub. L. 102–318, § 531(a)(2), substituted “0.5 percent” for “three-eighths of 1 percent”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 102–318, § 531(a)(2), substituted “0.5 percent” for “three-eighths of 1 percent”.

    Enacted provision · exact public law section
    (2) Increase in ceiling.— Subparagraph (B) of section 42 USC 1105. 905(b)(2) of such Act is amended by striking “three-eighths of 1 percent” and inserting “0.5 percent”.

    Effective date note
    Amendment by section 531(a) of Pub. L. 102–318 effective July 3, 1992, except that amendment by section 531(a)(2) of Pub. L. 102–318 applicable to fiscal years beginning after Sept. 30, 1993, see section 531(e) of Pub. L. 102–318, set out as a note under section 1102 of this title.

11. 1993

    Unemployment Compensation Amendments of 1993

    Pub. L. 103–152 § 5 · 107 Stat. 1516

    Amended · 42 U.S.C. § 1105(b)(1)

    Pub. L. 103–152 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month), from the employment security administration account to the extended unemployment compensation account established by subsection (a) of this section, an amount determined by him to be equal to the sum of—

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–152 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month), from the employment security administration account to the extended unemployment compensation account established by subsection (a) of this section, an amount determined by him to be equal to the sum of—

    “(A) 100 percent of the transfers to the employment security administration account pursuant to section 1101(b)(2) of this title during such month on account of liabilities referred to in section 1101(b)(1)(B) of this title, plus “(B) 20 percent of the excess of the transfers to such account pursuant to section 1101(b)(2) of this title during such month on account of amounts referred to in section 1101(b)(1)(A) of this title over the payments during such month from the employment security administration account pursuant to section 1101(b)(3) and (d) of this title. If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (B), proper adjustments shall be made in the amounts subsequently transferred.”

    Enacted provision · exact public law section
    SEC. 5. TECHNICAL AMENDMENT TO UNEMPLOYMENT TRUST FUND. 42 USC 1105. Paragraph (1) of section 905(b) of the Social Security Act is amended to read as follows: “(b) (1) Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month) from the employment security administration account to the extended unemployment compensation account established by subsection (a), an amount (determined by such Secretary) equal to 20 percent of the amount by which— “(A) the transfers to the employment security administration account pursuant to section 901(b)(2) during such month, exceed “(B) the payments during such month from the employment security administration account pursuant to section 901 (b)(3) and (d). If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred.”

13 of 13 references resolved to an enrolled provision