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Content Last Revised: 12/15/92 |
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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 Ex-Servicemembers |
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| General Provisions |
20 CFR 614.1 - Purpose and application.
- Section Number: 614.1
- Section Name: Purpose and application.
(a) Purpose. Subchapter II of chapter 85, title 5 of the United
States Code (5 U.S.C. 8521-8525) provides for a permanent program of
unemployment compensation for unemployed individuals separated from the
Armed Forces. The unemployment compensation provided for in subchapter
II is hereinafter referred to as Unemployment Compensation for Ex-
servicemembers, or UCX. The regulations in this part are issued to
implement the UCX Program.
(b) First rule of construction. The Act and the implementing
regulations in this part shall be construed liberally so as to carry out
the purposes of the Act.
(c) Second rule of construction. The Act and the implementing
regulations in this part shall be construed so as to assure insofar as
possible the uniform interpretation and application of the Act
throughout the United States.
(d) Effectuating purpose and rules of construction. (1) In order to
effectuate the provisions of this section, each State agency shall
forward to the United States Department of Labor (hereafter Department),
not later than 10 days after issuance, a copy of each judicial or
administrative decision ruling on an individual's entitlement to
payment of UCX or to credit for a waiting period. On request of the
Department, a State agency shall forward to the Department a copy of any
determination or redetermination ruling on an individual's entitlement
to UCX or waiting period credit.
(2)(i) If the Department believes that a determination,
redetermination, or decision is inconsistent with the Department's
interpretation of the Act or this part, the Department may at any time
notify the State agency of the Department's view. Thereafter, the State
agency shall issue a redetermination or appeal if possible, and shall
not follow such determination, redetermination, or decision as a
precedent; and, in any subsequent proceedings which involve such
determination, redetermination, or decision, or wherein such
determination, redetermination, or decision is cited as precedent or
otherwise relied upon, the State agency shall inform the claims deputy
or hearing officer or court of the Department's view and shall make all
reasonable efforts, including appeal or other proceedings in an
appropriate forum, to obtain modification, limitation, or overruling of
the determination, redetermination, or decision.
(ii) If the Department believes that a State agency has failed to
use, or use in a timely manner, the crossmatch mechanism at the claims
control center designated by the Department, the Department may at any
time notify the State of the Department's view. Thereafter, the State
agency shall take action to ensure that operable procedures for the
effective utilization of the claims control center are in place and
adhered to. In any case of any determination, redetermination, or
decision that is not legally warranted under the Act or this part had
the State used, or used in a timely manner, the crossmatch mechanism at
the claims control center designated by the Department, State agency
shall take the steps outlined in paragraph (d)(2)(i) of this section.
(3) If the Department believes that a determination,
redetermination, or decision is patently and flagrantly violative of the
Act or this part, the Department may at any time notify the State agency
of the Department's view. If the determination, redetermination, or
decision in question denies UCX to a claimant, the steps outlined in
paragraph (2) above shall be followed by the State agency. If the
determination, redetermination, or decision in question awards UCX to a
claimant, the benefits are ``due'' within the meaning of section
303(a)(1) of the Social Security Act, 42 U.S.C. 503(a)(1), and therefore
must be paid promptly to the claimant. However, the State agency shall
take the steps outlined in paragraph (d)(2) of this section, and
payments to the claimant may be temporarily delayed if redetermination
or appeal action is taken not more than one business day following the
day on which the first payment otherwise would be issued to the
claimant; and the redetermination action is taken or appeal is filed to
obtain a reversal of the award of UCX and a ruling consistent with the
Department's view; and the redetermination action or appeal seeks an
expedited redetermination or appeal within not more than two weeks after
the redetermination action is taken or the appeal is filed. If
redetermination action is not taken or appeal is not filed within the
above time limit, or a redetermination or decision is not obtained
within the two-week limit, or any redetermination or decision or order
is issued which affirms the determination, redetermination, or decision
awarding UCX or allows it to stand in whole or in part, the benefits
awarded must be paid promptly to the claimant.
(4)(i) If any determination, redetermination, or decision, referred
to in paragraph (d)(2) or paragraph (d)(3) of this section, is treated
as a precedent for any future UCX claim or claim under the UCFE Program
(part 609 of this chapter), the Secretary will decide whether the
Agreement with the State entered into under the Act shall be terminated.
(ii) In the case of any determination, redetermination, or decision
that is not legally warranted under the Act or this part, including any
determination, redetermination, or decision referred to in paragraph
(d)(2) or in paragraph (d)(3) of this section, the Secretary will decide
whether the State shall be required to restore the funds of the United
States for any sums paid under
such a determination, redetermination, or decision, and whether, in
absence of such restoration, the Agreement with the State shall be
terminated and whether other action shall be taken to recover such sums
for the United States.
(5) A State agency may request reconsideration of a notice issued
pursuant to paragraph (d)(2) or paragraph (d)(3) of this section, and
shall be given an opportunity to present views and arguments if desired.
(6) Concurrence of the Department in a determination,
redetermination, or decision shall not be presumed from the absence of a
notice issued pursuant to this section.
(Approved by the Office of Management and Budget under control number
1205-0163)
[47 FR 54697, Dec. 3, 1982, as amended at 53 FR 40553, Oct. 17, 1988; 53
FR 43799, Oct. 26, 1988; 57 FR 59799, Dec. 15, 1992]
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