5 U.S.C. § 8501

Definitions

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For the purpose of this subchapter—(1) “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—(A) by an elective official in the executive or legislative branch;(B) as a member of the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration;(C) by members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980;(D) 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;(E) 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;(F) by an individual receiving nominal pay and allowances of $12 or less a year;(G) in a hospital, home, or other institution of the United States by a patient or inmate thereof;(H) by a student-employee as defined by section 5351 of this title;(I) by an individual serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;(J) by an individual employed under a Federal relief program to relieve him from unemployment;(K) 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(L) by an officer or a member of the crew on or in connection with an American vessel—(i) owned by or bareboat chartered to the United States; and(ii) 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;(2) “Federal wages” means all pay and allowances, in cash and in kind, for Federal service;(3) “Federal employee” means an individual who has performed Federal service;(4) “compensation” means cash benefits payable to an individual with respect to his unemployment including any portion thereof payable with respect to dependents;(5) “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;(6) “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands;(7) “United States”, when used in a geographical sense, means the States; and(8) “base period” means the base period as defined by the applicable State unemployment compensation law for the benefit year.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 585; Pub. L. 94–566, title I, § 116(e)(1), title II, § 214(b), Oct. 20, 1976, 90 Stat. 2672, 2678; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–215, § 4(a), Mar. 25, 1980, 94 Stat. 124; Pub. L. 96–465, title II, § 2314(h), Oct. 17, 1980, 94 Stat. 2168.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes 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 November 2, 1953.

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 NotesReferences 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.

Amendments

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 SubsidiariesEffective Date of 1980 Amendments

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].”

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, 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 Oct. 1, 1976, 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), Oct. 20, 1976, 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 July 1, 1977”.

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.

Notes of Decisions

Cited in 22 cases (1 in the last 5 years), 1970–2022 · leading case: Reynaldo Tongol, Plaintiffs-Appellees/cross-Appellants v. William J. Usery, Jr., Defendants-Appellants/cross-Appellees, 601 F.2d 1091 (9th Cir. 1979).

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Reynaldo Tongol, Plaintiffs-Appellees/cross-Appellants v. William J. Usery, Jr., Defendants-Appellants/cross-Appellees, 601 F.2d 1091 (9th Cir. 1979). “The previous regulations to which we referred in Martinez included unemployment insurance programs for federal employees 5 U.S.C. §§ 8501 et seq., ex-servicemen, 5 U.”

Kenneth R. Martinez, Etc. v. F. Ray Marshall, Successor to John T. Dunlop, Sec'y, Dep't of Labor, 573 F.2d 555 (9th Cir. 1978). “In four earlier unemployment insurance programs — (1) federal employees ( 5 U.S.C. § 8501 et seq.); (2) ex-servicemen ( 5 U.”

Brown v. Porcher, 502 F. Supp. 946 (D.S.C. 1980). “); in provision of benefits to government employees ( 5 U.S.C. § 8501 , et seq.); in provision of insured status to employees of certain non-profit organizations, state hospitals and institutions of higher education ( 26 U.”

Christian v. New York State Dep't of Labor, 414 U.S. 614 (1974). “Appellants, discharged federal probationary employees, were denied unemployment compensation by the New York State Department of Labor, an “agent of the United States” under agreement with the Secretary of Labor for the administration of the Unemployment Compensation for Federal…”

David A. Young v. United States, 498 F.2d 1211 (5th Cir. 1974). “It has made Exchange Service employees eligible for unemployment compensation benefits, 5 U.S.C. § 8501 . Congress has applied the minimum wage and overtime provisions to Exchange Service employees, 29 U.”

Christian v. New York State Dep't of Labor, Div. of Emp., 347 F. Supp. 1158 (S.D.N.Y. 1972). · cites it 2× “Title 5 U.S.C. § 8501 et seq. [3] authorizes the United States Department of Labor to enter into agreements with State agencies to provide unemployment compensation for former Federal employees under the Unemployment Compensation for Federal Employees (UCFE) Program.”

Howard v. Bradshaw & Ona Bradshaw v. United States of Am., Howard v. Bradshaw & Ona Bradshaw v. United States, 443 F.2d 759 (D.C. Cir. 1971). “401 (1953), and was therefore presumably an employee of the United States for purposes of unemployment compensation, 5 U.S.C. § 8501 (Supp. V, 1969), or, in the absence of special legislation, for purposes of the Federal Employees Compensation Act.”

Emp. Sec. Admin. v. Weimer, 400 A.2d 1101 (Md. 1979). “In order to afford federal employees protection against some of the risks of unemployment, Congress enacted the Unemployment Compensation for Federal Employees Act, 5 U.S.C. § 8501 , etseq., in 1954. Essentially the Act empowers the Secretary of Labor to enter into agreements…”

Hopkins v. United States, 206 Ct. Cl. 303 (Ct. Cl. 1975). “Thus, they are eligible for unemployment compensation benefits under 5 U.S.C. § 8501 (1970) as well as coverage under 5 U.”

Mattern v. Weinberger, 377 F. Supp. 906 (E.D. Pa. 1974). “2d 38 (1974), where plaintiffs challenged the Unemployment Compensation for Federal Employees Program, 5 U.S.C. § 8501 et seq. on the ground that they were denied benefits without a prior hearing.”

Anita Smith v. Dist. Unemployment Comp. Bd., Paul R. Ignatius, Sec'y of the Navy, 435 F.2d 433 (D.C. Cir. 1970). “The pertinent Federal statutes are found at 5 U.S.C. § 8501 et seq., which derive from a 1954 amendment to the Social Security Act wherein Congress revised the government’s compensation program so as to extend unemployment compensation to substantially all Federal civilian…”

Pastore v. Arizona Dep't of Econ. Sec., 625 P.2d 926 (Ariz. Ct. App. 1981). “14 and 5 U.S.C.A. § 8501 et seq.), which *343 clearly distinguish between civilian and military employees and prohibit “the lumping of both together.”

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