Title 5 — Government Organization and Employees
Part III · Chapter 85 — Unemployment Compensation
§ 8501. Definitions
Statutory text
For the purpose of this subchapter—
“Federal service” means service performed after 1952 in the employ of the United States or an instrumentality of the United States which is wholly or partially owned by the United States, but does not include service (except service to which subchapter II of this chapter applies) performed—
by an elective official in the executive or legislative branch;
as a member of the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration;
by members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980;
outside the United States, the Commonwealth of Puerto Rico, and the Virgin Islands by an individual who is not a citizen of the United States;
by an individual excluded by regulations of the Office of Personnel Management from the operation of subchapter III of chapter 83 of this title because he is paid on a contract or fee basis;
by an individual receiving nominal pay and allowances of $12 or less a year;
in a hospital, home, or other institution of the United States by a patient or inmate thereof;
by a student-employee as defined by section 5351 of this title;
by an individual serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;
by an individual employed under a Federal relief program to relieve him from unemployment;
as a member of a State, county, or community committee under the Agricultural Stabilization and Conservation Service or of any other board, council, committee, or other similar body, unless the board, council, committee, or other body is composed exclusively of individuals otherwise in the full-time employ of the United States; or
by an officer or a member of the crew on or in connection with an American vessel—
owned by or bareboat chartered to the United States; and
whose business is conducted by a general agent of the Secretary of Commerce;
if contributions on account of the service are required to be made to an unemployment fund under a State unemployment compensation law under section 3305(g) of title 26;
“Federal wages” means all pay and allowances, in cash and in kind, for Federal service;
“Federal employee” means an individual who has performed Federal service;
“compensation” means cash benefits payable to an individual with respect to his unemployment including any portion thereof payable with respect to dependents;
“benefit year” means the benefit year as defined by the applicable State unemployment compensation law, and if not so defined the term means the period prescribed in the agreement under this subchapter with a State or, in the absence of such an agreement, the period prescribed by the Secretary of Labor;
“State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands;
“United States”, when used in a geographical sense, means the States; and
“base period” means the base period as defined by the applicable State unemployment compensation law for the benefit year.
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.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 8501
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 585
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 585Unemployment Compensation Amendments of 1976
Pub. L. 94–566 § 116(e)(1) · 90 Stat. 2667
Added · 5 U.S.C. § 8501(6)
Pub. L. 94–566, § 116(e)(1), added the Virgin Islands in definition of “State”
Source evidence
Code amendment note
Par. (6). Pub. L. 94–566, § 116(e)(1), added the Virgin Islands in definition of “State”.Enacted provision · exact public law section
(1) Paragraph (6) of section 8501 of title 5, United States Code, is amended to read as follows: “(6) ‘State’ means the several States, the District of Columbia, the Common wealth of Puerto Rico, and the Virgin Islands; and”.Unemployment Compensation Amendments of 1976
Pub. L. 94–566 § 214(b) · 90 Stat. 2667
Added · 5 U.S.C. § 8501(8)
Pub. L. 94–566, § 214(b), added par. (8)
Source evidence
Code amendment note
Par. (8). Pub. L. 94–566, § 214(b), added par. (8).Enacted provision · exact public law section
(b) Technical Amendment.— Section 8501 of title 5, United States Code, is amended by striking out “and” at the end of paragraph (6), by striking out the period at the end of paragraph (7) and inserting in lieu thereof “; and”, and by adding at the end thereof the following new paragraph: “(8) ‘base period’ means the base period as defined by the applicable State unemployment compensation law for the benefit year.”Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8501(1)(E)
Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”
Source evidence
Code amendment note
Par. (1)(E). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.Enacted provision · exact public law section
(2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;Pub. L. 96–215 § 4(a) · 94 Stat. 123
Inserted · 5 U.S.C. § 8501(1)(B)
Pub. L. 96–215 inserted “or the Commissioned Corps of the National Oceanic and Atmospheric Administration” after “armed forces”
Source evidence
Code amendment note
Par. (1)(B). Pub. L. 96–215 inserted “or the Commissioned Corps of the National Oceanic and Atmospheric Administration” after “armed forces”.Enacted provision · exact public law section
(a) Subparagraph (B) of section 8501(1) of title 5, United States Code, is amended to read as follows: “(B) as a member of the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration;”Effective date note
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. Pub. L. 96–215, § 4(c), Mar. 25, 1980, 94 Stat. 124, provided that: “The amendments made by this section [amending this section and section 8521 of this title] shall apply with respect to assignments of services and wages pursuant to any first claim (for a benefit year) which is filed after the date of the enactment of this Act [Mar. 25, 1980].”Pub. L. 96–465 title II § 2314(h) · 94 Stat. 2071
Substituted · 5 U.S.C. § 8501(1)(C)
Pub. L. 96–465 substituted “members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980” for “Foreign Service personnel for whom special separation allowances are provided under chapter 14 of title 22”
Source evidence
Code amendment note
Par. (1)(C). Pub. L. 96–465 substituted “members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980” for “Foreign Service personnel for whom special separation allowances are provided under chapter 14 of title 22”.Enacted provision · exact public law section
(h) Section 8501(1)(C) of title 5, United States Code, is amended by striking out “Foreign Service personnel for whom special separation allowances are provided under chapter 14 of title 22” and inserting in lieu thereof “members of the Foreign Service for whom payments are Ante, p. 2098. provided under section 609(b)(1) of the Foreign Service Act of 1980”.Effective date note
Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. Pub. L. 96–215, § 4(c), Mar. 25, 1980, 94 Stat. 124, provided that: “The amendments made by this section [amending this section and section 8521 of this title] shall apply with respect to assignments of services and wages pursuant to any first claim (for a benefit year) which is filed after the date of the enactment of this Act [Mar. 25, 1980].”
5 of 6 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 42 U.S.C. 1361. | Sept. 1, 1954, ch. 1212, § 4(a) “Sec. 1501”, 68 Stat. 1130. | |
| Aug. 28, 1958, Pub. L. 85–848, § 2, 72 Stat. 1087. | ||
| July 12, 1960, Pub. L. 86–624, § 30(g), 74 Stat. 420. | ||
| Sept. 13, 1960, Pub. L. 86–778, §§ 531(e), 542(d), 74 Stat. 984, 986. | ||
Clause (4) of former section 1361(a) is omitted as obsolete.
In paragraph (1)(A), the word “official” is substituted for “officer” because of the definition of “officer” in section 2104. The words “of the Government of the United States” are omitted as unnecessary.
In paragraph (1)(E), the words “by regulations of the Civil Service Commission from the operation of subchapter III of chapter 83 of this title” are substituted for “by Executive order from the operation of the Civil Service Retirement Act of 1930” on authority of the Civil Service Retirement Act Amendments of 1956, which are carried into subchapter III of chapter 83.
In paragraph (1)(K), the words “Agricultural Stabilization and Conservation Service” are substituted for “Production and Marketing Administration” on authority of Secretary’s memorandum 1320, supp. 4 of .
In paragraph (1)(L), the words “section 1606(g) of Title 26, Internal Revenue Code of 1939” in former section 1361(a)(13) are omitted as obsolete.
The last sentence of former section 1361 is omitted as its substance is included in paragraph (1)(D).
Former section 1361(f) is omitted as unnecessary as the full title of the Secretary of Labor is set out the first time it is used in each section.
Paragraphs (6) and (7) are added on authority of section 1101(a)(1), (2) of the Act of Aug. 14, 1935, ch. 531, 49 Stat. 647, as amended; 42 U.S.C. 1301(a)(1), (2).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 609(b)(1) of the Foreign Service Act of 1980, referred to in par. (1)(C), is classified to section 4009(b)(1) of Title 22, Foreign Relations and Intercourse.
Amendments1976–1980 · 3 rounds
1980
Par. (1)(B). Pub. L. 96–215 inserted “or the Commissioned Corps of the National Oceanic and Atmospheric Administration” after “armed forces”.
Par. (1)(C). Pub. L. 96–465 substituted “members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980” for “Foreign Service personnel for whom special separation allowances are provided under chapter 14 of title 22”.
1978
Par. (1)(E). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
1976
Par. (6). Pub. L. 94–566, § 116(e)(1), added the Virgin Islands in definition of “State”.
Par. (8). Pub. L. 94–566, § 214(b), added par. (8).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendments
Amendment by Pub. L. 96–465 effective , except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.
Pub. L. 96–215, § 4(c), , 94 Stat. 124, provided that: “The amendments made by this section [amending this section and section 8521 of this title] shall apply with respect to assignments of services and wages pursuant to any first claim (for a benefit year) which is filed after the date of the enactment of this Act [].”
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Effective Date of 1976 Amendment
Amendment by section 116(e)(1) of Pub. L. 94–566 applicable with respect to benefit years beginning on or after the later of , or the first day of the first week for which compensation becomes payable under an unemployment compensation law of the Virgin Islands which is approved by the 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.
Pub. L. 94–566, title II, § 214(c), , 90 Stat. 2678, provided that: “The amendments made by this section [amending this section and section 8505 of this title] shall apply with regard to compensation paid on the basis of claims for compensation filed on or after ”.
Temporary 1990 Census Services Constituting Federal Service
Determination respecting temporary 1990 census services as Federal service for purposes of this subchapter, see section 141 of Pub. L. 101–382, set out as a note under section 23 of Title 13, Census.
Credits
1966–1980 · 5 acts
- 1966Pub. L. 89–554, , 80 Stat. 585
- 1976Pub. L. 94–566, title I, § 116(e)(1), title II, § 214(b), , 90 Stat. 2672, 2678
- 1978Pub. L. 95–454, title IX, § 906(a)(2), , 92 Stat. 1224
- 1980Pub. L. 96–215, § 4(a), , 94 Stat. 124
- 1980Pub. L. 96–465, title II, § 2314(h), , 94 Stat. 2168.
Show as published
(Pub. L. 89–554, , 80 Stat. 585; Pub. L. 94–566, title I, § 116(e)(1), title II, § 214(b), , 90 Stat. 2672, 2678; Pub. L. 95–454, title IX, § 906(a)(2), , 92 Stat. 1224; Pub. L. 96–215, § 4(a), , 94 Stat. 124; Pub. L. 96–465, title II, § 2314(h), , 94 Stat. 2168.)