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Content Last Revised: 12/3/82
---DISCLAIMER---

CFR  

Code of Federal Regulations Pertaining to ETA

Title 20  

Employees' Benefits

 

Chapter V  

Employment and Training Administration, Department of Labor

 

 

Part 609  

Unemployment Compensation for Federal Civilian Employees

 

 

 

Subpart A  

General Provisions


20 CFR 609.2 - Definitions of terms.

  • Section Number: 609.2
  • Section Name: Definitions of terms.

    For the purposes of the Act and this part:

    (a) Act means subchapter I of chapter 85, title 5, United States 

Code, 5 U.S.C. 8501-8508.

    (b) Agreement means the agreement entered into pursuant to the Act 

between a State and the Secretary under which the State agency of the 

State agrees to make payments of unemployment compensation in accordance 

with the Act and the regulations and procedures thereunder prescribed by 

the Department.

    (c) Based period means the base period as defined by the applicable 

State law for the benefit year.

    (d) Benefit year means the benefit year as defined by the applicable 

State law, and if not so defined the term means the period prescribed in 

the agreement with the State or, in the absence of an Agreement, the 

period prescribed by the Department.

    (e) Federal agency means any department, agency, or governmental 

body of the United States, including any instrumentality wholly or 

partially owned by the United States, in any branch of the Government of 

the United States, which employs any individual in Federal civilian 

service.

    (f) Federal civilian service means service performed in the employ 

of any Federal agency, except service performed--

    (1) By an elective official in the executive or legislative branches 

of the Government of the United States;

    (2) As a member of the Armed Forces or the Commissioned Corps of the 

National Oceanic and Atmospheric Administration;

    (3) By Foreign Service personnel for whom special separation 

allowances are provided under chapter 14 of title 22 of the United 

States Code;

    (4) Outside the 50 States, the Commonwealth of Puerto Rico, the 

Virgin Islands, and the District of Columbia, by an individual who is 

not a citizen of the United States;

    (5) By an individual excluded by regulations of the Office of 

Personnel Management from civil service retirement coverage provided by 

subchapter III of chapter 83 of title 5 of the United States Code 

because the individual is paid on a contract or fee basis;

    (6) By an individual receiving nominal pay and allowances of $12 or 

less a year;

    (7) In a hospital, home, or other institution of the United States 

by a patient or inmate thereof;

    (8) By a student-employee as defined by 5 U.S.C. 5351; that is: (i) 

A student nurse, medical or dental intern, resident-in-training, student 

dietitian, student physical therapist, or student occupational 

therapist, assigned or attached to a hospital, clinic, or medical or 

dental laboratory operated by an agency as defined in section 5351; or

    (ii) Any other student-employee, assigned or attached primarily for 

training purposes to such a hospital, clinic, or medical or dental 

laboratory operated by such an agency, who is designated by the head of 

the agency with the approval of the Office of Personnel Management;

    (9) By an individual serving on a temporary basis in case of fire, 

storm, earthquake, flood, or other similar emergency;

    (10) By an individual employed under a Federal relief program to 

relieve the individual from unemployment;

    (11) 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 such body is 

composed exclusively of individuals otherwise in the full-time employ of 

the United States;

    (12) By an officer or member of the crew on or in connection with an 

American vessel which is: (i) Owned by or bareboat chartered to the 

United States, and

    (ii) The business of which is conducted by a general agent of the 

Secretary of Commerce; and

    (iii) If contributions on account of such service are required under 

section 3305(g) of the Internal Revenue Code of 1954 (26 U.S.C. 3305(g)) 

to be made to an unemployment fund under a State law;

    (13) By an individual excluded by any other Federal law from 

coverage under the UCFE Program; or

    (14) By an individual whose service is covered by the UCX Program to 

which part 614 of this chapter applies.

    (g) Federal employee means an individual who has performed Federal 

civilian service.

    (h) Federal findings means the facts reported by a Federal agency 

pertaining to an individual as to: (1) Whether or not the individual has 

performed Federal civilian service for such an agency;

    (2) The period or periods of such Federal civilian service;

    (3) The individual's Federal wages; and

    (4) The reasons for termination of the individual's Federal civilian 

service.

    (i) Federal wages means all pay and allowances, in cash and in kind, 

for Federal civilian service.

    (j) First claim means an initial claim for unemployment compensation 

under the UCFE Program, the UCX Program (part 614 of this chapter), a 

State law, or some combination thereof, whereby a benefit year is 

established under an applicable State law.

    (k) Official station means the State (or country, if outside the 

United States) designated on a Federal employee's notification of 

personnel action terminating the individual's Federal civilian service 

(Standard Form 50 or its equivalent) as the individual's ``duty 

station.'' If the form of notification does not specify the Federal 

employee's ``duty station'', the individual's official station shall be 

the State or country designated under ``name and location of employing 

office'' on such form or designated as the individual's place of 

employment on an equivalent form.

    (l) Secretary means the Secretary of Labor of the United States.

    (m) State means the 50 States, the District of Columbia, the 

Commonwealth of Puerto Rico, and the Virgin Islands.

    (n) State agency means the agency of the State which administers the 

applicable State law and is administering the UCFE Program in the State 

pursuant to an Agreement with the Secretary.

    (o)(1) State law means the unemployment compensation law of a State 

approved by the Secretary under section 3304 of the Internal Revenue 

Code of 1954, 26 U.S.C. 3304, if the State is certified under section 

3304(c) of the Internal Revenue Code of 1954, 26 U.S.C. 3304(c).

    (2) Applicable State law means the State law made applicable to a 

UCFE claimant by Sec. 609.8.

    (p)(1) Unemployment compensation means cash benefits (including 

dependents' allowances) payable to individuals with respect to their 

unemployment, and includes regular, additional, emergency, and extended 

compensation.

    (2) Regular compensation means unemployment compensation payable to 

an individual under any State law, but not including additional 

compensation or extended compensation.

    (3) Additional compensation means unemployment compensation totally 

financed by a State and payable under a State law by reason of 

conditions of high unemployment or by reason of other special factors.

    (4) Emergency compensation means supplementary unemployment 

compensation payable under a temporary Federal law after exhaustion of 

regular and extended compensation.

    (5) Extended compensation means unemployment compensation payable to 

an individual for weeks of unemployment in an extended benefit period, 

under those provisions of a State law which satisfy the requirements of 

the Federal-State Extended Unemployment Compensation Act of 1970, as 

amended, 26 U.S.C. 3304 note, and part 615 of this chapter, with respect 

to the payment of extended compensation.

    (q) Week means, for purposes of eligibility for and payment of UCFE, 

a week as defined in the applicable State law.

    (r) Week of unemployment means a week of total, part-total, or 

partial unemployment as defined in the applicable State law, which shall 

be applied in the same manner and to the same extent to all employment 

and earnings, and in the same manner and to the same extent for the 

purposes of the UCFE Program, as if the individual filing for UCFE were 

filing a claim for State unemployment compensation.
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