Print This Page
E-mail This Page
 |
Content Last Revised: 12/15/92 |
|
Code of Federal Regulations Pertaining to ETA |
| Employees' Benefits |
|
| Employment and Training Administration, Department of Labor |
|
|
| Unemployment Compensation for Ex-Servicemembers |
|
|
|
| General Provisions |
20 CFR 614.2 - Definitions of terms.
- Section Number: 614.2
- Section Name: Definitions of terms.
For purposes of the Act and this part:
(a) Act means subchapter II of chapter 85 of title 5 of the United
States Code, 5 U.S.C. 8521-8525.
(b) Agreement means the Agreement entered into pursuant to 5 U.S.C.
8502 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) Base 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) Ex-servicemember means an individual who has performed Federal
military service.
(f) Federal military agency means any of the Armed Forces of the
United States, including the Army, Air Force, Navy, Marine Corps, and
Coast Guard, and the National Oceanic and Atmospheric Administration
(Department of Commerce).
(g) Federal military service means active service (not including
active duty in a reserve status unless for a continuous period of 90
days or more) in the Armed Forces or the Commissioned Corps of the
National Oceanic and Atmospheric Administration if with respect to that
service--
(1) The individual was discharged or released under honorable
conditions (and, if an officer, did not resign for the good of the
service); and
(2)(i) The individual was discharged or released after completing
his/her first full term of active service which the individual initially
agreed to serve, or
(ii) The individual was discharged or released before completing
such term of active service--
(A) For the convenience of the Government under an early release
program,
(B) Because of medical disqualification, pregnancy, parenthood, or
any service-incurred injury or disability,
(C) Because of hardship, or
(D) Because of personality disorders or inaptitude but only if the
service was continuous for 365 days or more.
(h) Federal military wages means all pay and allowances in cash and
in kind for Federal military service, computed on the basis of the pay
and allowances for the pay grade of the individual at the time of his or
her latest discharge or release from Federal/military service, as
determined in accordance with the Schedule of Remuneration applicable at
the time the individual files his or her first claim for compensation
for a benefit year.
(i) First claim means an initial claim for unemployment compensation
under the UCX Program, the UCFE Program (part 609 of this chapter), or a
State law, or some combination thereof, first filed by an individual
after the individual's latest discharge or release from Federal military
service, whereby a benefit year is established under an applicable State
law.
(j) Military document means an official document or documents issued
to an individual by a Federal military agency relating to the
individual's Federal military service and discharge or release from such
service.
(k) Period of active service means a period of continuous active
duty (including active duty for training purposes) in a Federal military
agency or agencies, beginning with the date of entry upon active duty
and ending on the effective date of the first discharge or release
thereafter which is not qualified or conditional.
(l) Schedule of Remuneration means the schedule issued by the
Department from time to time under 5 U.S.C. 8521(a)(2) and this part,
which specifies for purposes of the UCX Program, the pay and allowances
for each pay grade of servicemember.
(m) Secretary means the Secretary of Labor of the United States.
(n) State means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, and the Virgin Islands.
(o) State agency means the agency of the State which administers the
applicable State unemployment compensation law and is administering the
UCX Program in the State pursuant to an Agreement with the Secretary.
(p)(1) State law means the unemployment compensation law of a State
approved by the Secretary under section 3304 of the Internal Revenue
Code of 1986, 26 U.S.C. 3304, if the State is certified under section
3304(c) of the Internal Revenue Code of 1986, 26 U.S.C. 3304(c).
(2) Applicable State law means the State law made applicable to a
UCX claimant by Sec. 614.8.
(q)(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.
(r) Unemployment Compensation for Ex-Servicemember means the
unemployment compensation payable under the Act to claimants eligible
for the payments, and is referred to as UCX.
(s) Week means, for purposes of eligibility for and payment of UCX,
a week as defined in the applicable State law.
(t) 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 UCX Program, as if the individual filing for UCX were
filing a claim for State unemployment compensation.
[47 FR 54697, Dec. 3, 1982, as amended at 53 FR 40554, Oct. 17, 1988; 53
FR 43799, Oct. 26, 1988; 57 FR 59799, Dec. 15, 1992]
|
||
