(a) Administering program. The Department shall administer the UCX
Program through personnel of the Department or through other
arrangements under procedures prescribed by the Department, in the case
of any State which does not have an Agreement with the Secretary as
provided for in 5 U.S.C. 8502. The procedures prescribed by the
Department under this section shall be consistent with the Act and this
part.
(b) Applicable State law. On the filing by an individual of a claim
for UCX in accordance with arrangements under this section, UCX shall be
paid to the individual, if eligible, in the same amount, on the same
terms, and subject to the same conditions as would be paid to the
individual under the applicable State law if the individual's Federal
military service and Federal military wages had been included as
employment and wages under the State law. Any such claims shall include
the individual's Federal military service and Federal military wages,
combined with any service and wages covered by State law. However, if
the individual,
without regard to his or her Federal military service and Federal
military wages, has employment or wages sufficient to qualify for
compensation during the benefit year under that State law, then payments
of UCX under this section may be made only on the basis of the
individual's Federal military service and Federal military wages.
(c) Fair hearing. An individual whose claim for UCX is denied under
this section is entitled to a fair hearing under rules of procedures
prescribed by the Department. A final determination by the Department
with respect to entitlement to UCX under this section is subject to
review by the courts in the same manner and to the same extent as is
provided by section 205(g) of the Social Security Act, 42 U.S.C. 405(g).
