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Code of Federal Regulations Pertaining to ETA |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Unemployment Compensation for Federal Civilian Employees |
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| Administration of UCFE Program |
20 CFR 609.6 - Determinations of entitlement; notices to individual.
- Section Number: 609.6
- Section Name: Determinations of entitlement; notices to individual.
(a) Determination of first claim. The State agency whose State law
applies to an individual under Sec. 609.8 shall, promptly upon the
filing of a first claim for UCFE, determine whether the individual is
eligible and whether a disqualification applies, and, if the individual
is found to be eligible, the individual's benefit year and the weekly
and maximum amounts of UCFE payable to the individual.
(b) Determinations of weekly claims. The State agency promptly
shall, upon the filing of a claim for payment of UCFE or waiting period
credit with respect to a week, determine whether the individual is
entitled to a payment of UCFE or waiting period credit with respect to
such week, and, if entitled, the amount of UCFE or waiting period credit
to which the individual is entitled.
(c) Redetermination. The provisions of the applicable State law
concerning the right to request, or authority to undertake,
reconsideration of a determination pertaining to State unemployment
compensation under the applicable State law shall apply to
determinations pertaining to UCFE.
(d) Notices to individual. The State agency promptly shall give
notice in writing to the individual of any determination or
redetermination of a first claim, and, except as may be authorized under
paragraph (g) of this section, of any determination or redetermination
of any weekly claim which denies UCFE or waiting period credit or
reduces the weekly amount or maximum amount initially determined to be
payable. Each notice of determination or redetermination shall include
such information regarding the determination or redetermination and
notice of right to reconsideration or appeal, or both, as is furnished
with written notices of determinations and redeterminations with respect
to claims for State unemployment compensation; and where information
furnished by a Federal agency was considered in making the
determination, or redetermination, the notice thereof shall include an
explanation of the right of the individual to seek additional
information pursuant to Sec. 609.23 and/or a reconsideration of Federal
findings pursuant to Sec. 609.24.
(e) Obtaining information for claim determinations. (1) Information
required for the determination of claims for UCFE shall be obtained by
the State agency from claimants, employers, and others, in the same
manner as information is obtained for claim purposes under the
applicable State law, but information (including additional and
reconsidered Federal findings) shall be obtained from the Federal agency
that employed the UCFE claimant as prescribed in Secs. 609.21 through
609.25. On request by a UCFE claimant, the State agency shall seek
additional information pursuant to Sec. 609.23 and reconsideration of
Federal findings pursuant to Sec. 609.24.
(2) If Federal findings have not been received from a Federal agency
within 12 days after the request for information was submitted to the
Federal agency, the State agency shall determine the individual's
entitlement to UCFE on the basis of an affidavit completed by the
individual on a form prescribed by the Department. In addition,
the individual shall submit for examination by the State agency any
documents issued by the Fedeal agency (for example, Standard Form 50 or
W-2) verifying that the individual performed services for and received
wages from such Federal agency.
(3) If Federal findings received by a State agency after a
determination has been made under this section contain information which
would result in a change in the individual's eligibility for or
entitlement to UCFE, the State agency promptly shall make a
redetermination and notify the individual, as provided in this section.
All payments of UCFE made prior to or after such redetermination shall
be adjusted in accordance therewith.
(f) Promptness. Full payment of UCFE when due shall be consistent
with this part 609 and shall be made with the greatest promptness that
is administratively feasible, but the provisions of part 640 of this
chapter (relating to promptness of benefit payments) shall not be
applicable to the UCFE Program.
(g) Secretary's standard. The procedures for making determinations
and redeterminations, and furnishing written notices of determinations,
redeterminations, and rights of appeal to individuals applying for UCFE,
shall be consistent with this part 609 and with the Secretary's
``Standard for Claim Determinations--Separation Information''
(Employment Security Manual, part V, sections 6010 et seq.).
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