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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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| Administration of UCX Program |
20 CFR 614.10 - Restrictions on entitlement.
- Section Number: 614.10
- Section Name: Restrictions on entitlement.
(a) Disqualification. If the week of unemployment for which an
individual claims UCX is a week to which a disqualification for State
unemployment compensation applies under the applicable State law, the
individual shall not be entitled to a payment of UCX for that week. As
provided in Sec. 614.9(a), no disqualification shall apply in regard to
separation from any Federal military agency.
(b) Effect of ``days lost''. The continuity of a period of an
individual's Federal military service shall not be deemed to be
interrupted by reason of any ``days lost'' in such period, but ``days
lost'' shall not be counted for purposes of determining:
(1) Whether an individual has performed Federal military service;
(2) Whether an individual meets the wage and employment requirements
of a State law; or
(3) The amount of an individual's Federal military wages.
(c) Allocation of military accrued leave. A State agency shall
allocate the number of days of unused military leave specified in an ex-
servicemember's military document, for which a lump-sum payment has been
made, in the same manner as similar payments by private employers to
their employees are allocated under the applicable State law, except
that the applicable Schedule of Remuneration instead of the lump-sum
payment shall be used to determine the amount of the claimant's Federal
military wages. In a State in which a private employer has an option as
to the period to which such payments shall be allocated, such payments
shall be allocated to the date of the individual's latest discharge or
release from Federal military service. An allocation under this
paragraph shall be disregarded in determining whether an individual has
had a period of active service constituting Federal military service.
(d) Education and training allowances. An individual is not entitled
to UCX under the Act or this part for a period with respect to which the
individual receives:
(1) A subsistence allowance for vocational rehabilitation training
under chapter 31 of title 38 of the United States Code, 38 U.S.C. 1501
et seq., or under part VIII of Veterans Regulation Numbered 1(a); or
(2) An educational assistance allowance or special training
allowance under chapter 35 of title 38 of the United States Code, 38
U.S.C. 1700 et seq.
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