Title 5 — Government Organization and Employees
Part III · Chapter 85 — Unemployment Compensation
§ 8521. Definitions; application
Statutory text
For the purpose of this subchapter—
“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 (including pursuant to a sole survivorship discharge, as that term is defined in section 1174(i) of title 10), or
because of personality disorders or inaptitude but only if the service was continuous for 365 days or more;
“Federal wages” means all pay and allowances, in cash and in kind, for Federal service, computed on the basis of the pay and allowances for the pay grade of the individual at the time of his latest discharge or release from Federal service as specified in the schedule applicable at the time he files his first claim for compensation for the benefit year. The Secretary of Labor shall issue, from time to time, after consultation with the Secretary of Defense, schedules specifying the pay and allowances for each pay grade of servicemen covered by this subchapter, which reflect representative amounts for appropriate elements of the pay and allowances whether in cash or in kind; and
“State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
The provisions of subchapter I of this chapter, subject to the modifications made by this subchapter, apply to individuals who have had Federal service as defined by subsection (a) of this section.
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. § 8521
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 590
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 590Unemployment Compensation Amendments of 1976
Pub. L. 94–566 title I § 116(e)(4) · 90 Stat. 2667
Added · 5 U.S.C. § 8521(a)(3)
Pub. L. 94–566 added the Virgin Islands to definition of “State”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 94–566 added the Virgin Islands to definition of “State”.Enacted provision · exact public law section
(4) Paragraph (3) of section 8521 of title 5 United States Code, is amended to read as follows: “(3) ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.”Pub. L. 96–215 § 4(b) · 94 Stat. 123
Inserted · 5 U.S.C. § 8521(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)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(b) Paragraph (1) of section 8521(a) of title 5, United States Code, is amended by inserting “or the Commissioned Corps of the National Oceanic and Atmospheric Administration” after “armed forces”.Multiemployer Pension Plan Amendments Act of 1980
Pub. L. 96–364 title IV § 415(a) · 94 Stat. 1208
Substituted · 5 U.S.C. § 8521(a)(1)(A)
Pub. L. 96–364 substituted “365” for “90”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 96–364 substituted “365” for “90”.Enacted provision · exact public law section
(a) General Rule.— Subparagraph (A) of section 8521(a)(1) of title 5 of the United States Code is amended by striking out “90 days or more” and inserting in lieu thereof “365 days or more”.Pub. L. 97–35 title XXIV § 2405(a) · 95 Stat. 357
Substituted · 5 U.S.C. § 8521(a)(1)(B)
Pub. L. 97–35 substituted “honorable conditions;” for “conditions other than dishonorable; and” in cl. (ii)
Substituted · 5 U.S.C. § 8521(a)(1)(B)
Pub. L. 97–35 substituted “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)
Added · 5 U.S.C. § 8521(a)(1)(B)
Pub. L. 97–35 added cl. (iii)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(a) General Rule.— Section 8521(a)(1)(B) of title 5, United States Code, is amended to read as follows: “(B) with respect to that service, the individual— “(i) was discharged or released under honorable conditions; “(ii) did not resign or voluntarily leave the service; and “(iii) was not released or discharged for cause as defined by the Department of Defense;”.Pub. L. 97–362 § 201(a) · 96 Stat. 1726
Substituted · 5 U.S.C. § 8521(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) Eligibility Requirements.— Paragraph (1) of section 8521(a) of title 5, United States Code, is amended to read as follows: “(1) ‘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— “(A) the individual was discharged or released under honorable conditions (and, if an officer, did not resign for the good of the service); and “(B) (i) the individual was discharged or released after completing his first full term of active service which the individual initially agreed to serve, or “(ii) the individual was discharged or released before completing such term of active service— “(I) for the convenience of the Government under an early release program, “(II) because of medical disqualification, pregnancy, parenthood, or any service incurred injury or disability, “(III) because of hardship, or “(IV) because of personality disorders or inaptitude but only if the service was continuous for 365 days or more;”.Pub. L. 97–362 § 201(b) · 96 Stat. 1726
Added · 5 U.S.C. § 8521(c)
Pub. L. 97–362, § 201(b), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–362, § 201(b), added subsec. (c).Enacted provision · exact public law section
(b) Period for Which Benefits Payable.— Section 8521 of such title 5 is amended by adding at the end thereof the following new subsection: “(c) (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.”Emergency Unemployment Compensation Act of 1991
Pub. L. 102–164 § 301(b) · 105 Stat. 1049
Substituted · 5 U.S.C. § 8521(a)(1)
Pub. L. 102–164, § 301(b), substituted “90 days” for “180 days” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 102–164, § 301(b), substituted “90 days” for “180 days” in introductory provisions.Enacted provision · exact public law section
(b) Reduction in Length of Required Active Duty by Reserves.— Paragraph (1) of section 8521(a) of such title 5 is amended by striking “180 days” and inserting “90 days”.Emergency Unemployment Compensation Act of 1991
Pub. L. 102–164 § 301(a) · 105 Stat. 1049
Struck · 5 U.S.C. § 8521(c)
Pub. L. 102–164, § 301(a), struck out subsec. (c) which read as follows:
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(a) Repeal of Certain Limitations.— Subsection (c) of section 8521 of title 5, United States Code, is hereby repealed.Hubbard Act
Pub. L. 110–317 § 7 · 122 Stat. 3526
Substituted · 5 U.S.C. § 8521(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,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
SEC. 7. UNEMPLOYMENT COMPENSATION FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 8521(a)(1)(B)(ii)(III) of title 5, United States Code, is amended by striking “hardship,” and inserting “hardship (including pursuant to a sole survivorship discharge, as that term is defined in section 1174(i) of title 10),”.National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 div. A title V § 513(a) · 129 Stat. 726
Substituted · 5 U.S.C. § 8521(a)(1)
Pub. L. 114–92 substituted “180 days” for “90 days” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 114–92 substituted “180 days” for “90 days” in introductory provisions.Enacted provision · exact public law section
(a) Increase of Number of Days.— Section 8521(a)(1) of title 5, United States Code, is amended by striking “90 days” in the matter preceding subparagraph (A) and inserting “180 days”.Effective date note
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.”
12 of 13 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1966 Act | ||
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 42 U.S.C. 1371 (a)–(c). | Aug. 28, 1958, Pub. L. 85–848, § 3 “Sec. 1511(a)–(c)”, 72 Stat. 1088. | |
In subsection (a)(1), the words “armed forces” are coextensive with and substituted for “Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States” in view of the definition of “armed forces” in section 2101. The words “after ” are substituted for “after the sixtieth day after ”.
In subsection (b), the words “with respect to weeks of unemployment ending after the sixtieth day after ” are omitted as obsolete because the law is here stated with prospective effect.
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
This 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 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 .
Amendments1976–2015 · 7 rounds
2015
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 , or terminated after , 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), , 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 [], 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 , 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), , 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 [].”
Effective Date of 1982 Amendment; Transitional Rule
Pub. L. 97–362, title II, § 201(c), , 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 , but only for purposes of determining eligibility for benefits for weeks of unemployment beginning after the date of the enactment of this Act [].
“(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 [].”
Effective Date of 1981 Amendment
Pub. L. 97–35, title XXIV, § 2405(b), , 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 , but only in the case of weeks of unemployment beginning after the date of the enactment of this Act [].”
Effective Date of 1980 Amendments
Pub. L. 96–364, title IV, § 415(b), , 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 .”
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 , 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 , 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 , for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title.
Credits
1966–2015 · 10 acts
- 1966Pub. L. 89–554, , 80 Stat. 590
- 1967Pub. L. 90–83, § 1(89), , 81 Stat. 218
- 1976Pub. L. 94–566, title I, § 116(e)(4), , 90 Stat. 2673
- 1980Pub. L. 96–215, § 4(b), , 94 Stat. 124
- 1980Pub. L. 96–364, title IV, § 415(a), , 94 Stat. 1310
- 1981Pub. L. 97–35, title XXIV, § 2405(a), , 95 Stat. 876
- 1982Pub. L. 97–362, title II, § 201(a), (b), , 96 Stat. 1732
- 1991Pub. L. 102–164, title III, § 301(a), (b), , 105 Stat. 1059
- 2008Pub. L. 110–317, § 7, , 122 Stat. 3529
- 2015Pub. L. 114–92, div. A, title V, § 513(a), , 129 Stat. 809.
Show as published
(Pub. L. 89–554, , 80 Stat. 590; Pub. L. 90–83, § 1(89), , 81 Stat. 218; Pub. L. 94–566, title I, § 116(e)(4), , 90 Stat. 2673; Pub. L. 96–215, § 4(b), , 94 Stat. 124; Pub. L. 96–364, title IV, § 415(a), , 94 Stat. 1310; Pub. L. 97–35, title XXIV, § 2405(a), , 95 Stat. 876; Pub. L. 97–362, title II, § 201(a), (b), , 96 Stat. 1732; Pub. L. 102–164, title III, § 301(a), (b), , 105 Stat. 1059; Pub. L. 110–317, § 7, , 122 Stat. 3529; Pub. L. 114–92, div. A, title V, § 513(a), , 129 Stat. 809.)