PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES

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PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES Powered By Docstoc
					                                § 606.44                                                               20 CFR Ch. V (4–1–04 Edition)

                                month period ending on September 30                        taxable year, will promptly notify the
                                of the year for which the latest deferral                  applicants and the Secretary of the
                                was obtained, the State will have                          Treasury of such determinations, and
                                maintained its solvency effort, but if                     will cause notice of such determina-
                                less, then a reduction in solvency effort                  tions to be published in the FEDERAL
                                will have occurred.                                        REGISTER. The UIS Director also will
                                  (4) Notwithstanding the results of the                   inform the Secretary of the Treasury
                                calculation in paragraph (b)(3) of this                    and cause notice to be published in the
                                section, if there is no increase in rev-                   FEDERAL REGISTER of information with
                                enue receipts or no decrease in benefit                    respect to delayed payment of interest
                                outlays between the base year and the                      as provided in § 606.40.
                                year for which continuation of deferral
                                is requested, then a reduction in sol-                     PART 609—UNEMPLOYMENT COM-
                                vency effort will have occurred.                             PENSATION FOR FEDERAL CIVIL-
                                  (c) Effect of determination. (1) If the
                                UIS Director determines that a State
                                                                                             IAN EMPLOYEES
                                has maintained its solvency effort, con-
                                tinuation of deferral will be granted,                             Subpart A—General Provisions
                                and the State will be required to time-                    Sec.
                                ly pay the deferred interest payable                       609.1   Purpose and application.
                                prior to October 1 of the year with re-                    609.2   Definitions of terms.
                                spect to which such determination is
                                made.                                                      Subpart B—Administration of UCFE Program
                                  (2) If the UIS Director determines
                                                                                           609.3 Eligibility requirements for UCFE.
                                that a State failed to maintain its sol-                   609.4 Weekly       and   maximum      benefit
                                vency effort, all deferred interest shall                      amounts.
                                be due and payable prior to October 1                      609.5 Claims for UCFE.
                                of the year with respect to which such                     609.6 Determinations of entitlement; no-
                                determination is made.                                         tices to individual.
                                  (d) Application and information. (1)                     609.7 Appeal and review.
                                The Governor of a State which has de-                      609.8 The applicable State for an individual.
                                cided to request continuation of a pre-                    609.9 Provisions of State law applicable to
                                viously approved deferral of interest                          UCFE claims.
                                payments shall apply to the Secretary                      609.10 Restrictions on entitlement.
                                of Labor no later than July 1 of the                       609.11 Overpayments; penalties for fraud.
                                                                                           609.12 Inviolate rights to UCFE.
                                year for which continuation is re-
                                                                                           609.13 Recordkeeping; disclosure of informa-
                                quested. The Governor is required to                           tion.
                                notify the Department on or before                         609.14 Payments to States.
                                September 1 of such taxable year of                        609.15 Public access to Agreements.
                                any action impacting upon the State’s                      609.16 Administration in absence of an
                                application which has occurred or will                         Agreement.
                                occur subsequent to the date of the ini-                   609.17 Information, reports, and studies.
                                tial application and on or before Sep-
                                tember 30.                                                   Subpart C—Responsibilities of Federal
                                  (2) In support of the application by                                   Agencies
                                the Governor, there shall be submitted                     609.20 Information to Federal civilian em-
                                for the purposes of the estimates re-                          ployees.
                                quired in paragraph (b) of this section                    609.21 Findings of Federal agency.
                                documentation as specified in § 606.22                     609.22 Correcting Federal findings.
                                (b)(1) through (4), (c) and (f) and bear-                  609.23 Furnishing additional information.
                                ing upon the application for continu-                      609.24 Reconsideration of Federal findings.
                                ation of deferral, in terms of the rel-                    609.25 Furnishing other information.
                                evant comparison between revenue re-                       609.26 Liaison with Department.
                                ceipts and benefit outlays.                                  AUTHORITY: 5 U.S.C. 8508; Secretary’s Order
                                                                                           No. 4–75, 40 FR 18515; (5 U.S.C. 301). Interpret
                                § 606.44 Notification of determinations.                   and apply secs. 8501–8508 of title 5, United
                                   The UIS Director will make deter-                       States Code.
                                minations under §§ 606.41, 606.42, and                       SOURCE: 47 FR 54687, Dec. 3, 1982, unless
                                606.43 on or before September 10 of the                    otherwise noted.

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                                Employment and Training Administration, Labor                                                         § 609.1

                                   Subpart A—General Provisions                            the claims deputy or hearing officer or
                                                                                           court of the Department’s view and
                                § 609.1 Purpose and application.                           shall make all reasonable efforts, in-
                                   (a) Purpose. Subchapter I of chapter                    cluding appeal or other proceedings in
                                85, title 5 of the United States Code, as                  an appropriate forum, to obtain modi-
                                amended by Pub. L. 94–566, 90 Stat.                        fication, limitation, or overruling of
                                2667, 5 U.S.C. 8501–8508, provides for a                   the determination, redetermination, or
                                permanent program of unemployment                          decision.
                                compensation for unemployed Federal                          (3) If the Department believes that a
                                civilian employees. The unemployment                       determination, redetermination, or de-
                                compensation provided for in sub-                          cision is patently and flagrantly viola-
                                chapter I is hereinafter referred to as                    tive of the Act or this part, the Depart-
                                unemployment compensation for Fed-                         ment may at any time notify the State
                                eral employees, or UCFE. The regula-                       agency of the Department’s view. If the
                                tions in this part are issued to imple-                    determination, redetermination, or de-
                                ment the UCFE Program.                                     cision in question denies UCFE to a
                                   (b) First rule of construction. The Act                 claimant, the steps outlined in para-
                                and the implementing regulations in                        graph (d)(2) of this section shall be fol-
                                this part shall be construed liberally so                  lowed by the State agency. If the deter-
                                as to carry out the purposes of the Act.                   mination, redetermination, or decision
                                   (c) Second rule of construction. The                    in question awards UCFE to a claim-
                                Act and the implementing regulations                       ant, the benefits are ‘‘due’’ within the
                                in this part shall be construed so as to                   meaning of section 303(a)(1) of the So-
                                assure insofar as possible the uniform                     cial Security Act, 42 U.S.C. 503(a)(1),
                                interpretation and application of the                      and therefore must be paid promptly to
                                Act throughout the United States.                          the claimant. However, the State agen-
                                   (d) Effectuating purpose and rules of                   cy shall take the steps outlined in
                                construction. (1) In order to effectuate                   paragraph (d)(2) of this section, and
                                the provisions of this section, each                       payments to the claimant may be tem-
                                State agency shall forward to the                          porarily delayed if redetermination or
                                United States Department of Labor                          appeal action is taken not more than
                                (hereafter Department), not later than                     one business day following the day on
                                10 days after issuance, a copy of each                     which the first payment otherwise
                                judicial or administrative decision rul-                   would be issued to the claimant; and
                                ing on an individual’s entitlement to                      the redetermination action is taken or
                                payment of UCFE or to credit for a                         appeal is filed to obtain a reversal of
                                waiting period. On request of the De-                      the award of UCFE and a ruling con-
                                partment, a State agency shall forward                     sistent with the Department’s view;
                                to the Department a copy of any deter-                     and the redetermination action or ap-
                                mination or redetermination ruling on                      peal seeks an expedited redetermina-
                                an individual’s entitlement to UCFE or                     tion or appeal within not more than
                                waiting period credit.                                     two weeks after the redetermination
                                   (2) If the Department believes that a                   action is taken or the appeal is filed. If
                                determination, redetermination, or de-                     redetermination action is not taken or
                                cision is inconsistent with the Depart-                    appeal is not filed within the above
                                ment’s interpretation of the Act or this                   time limit, or a redetermination or de-
                                part, the Department may at any time                       cision is not obtained within the two-
                                notify the State agency of the Depart-                     week limit, or any redetermination or
                                ment’s view. Thereafter the State                          decision or order is issued which af-
                                agency shall issue a redetermination or                    firms the determination, redetermina-
                                appeal if possible, and shall not follow                   tion, or decision awarding UCFE or al-
                                such determination, redetermination,                       lows it to stand in whole or in part, the
                                or decision as a precedent; and, in any                    benefits awarded must be paid prompt-
                                subsequent proceedings which involve                       ly to the claimant.
                                such determination, redetermination,                         (4)(i) If any determination, redeter-
                                or decision, or wherein such determina-                    mination, or decision, referred to in
                                tion, redetermination, or decision is                      paragraph (d)(2) or paragraph (d)(3) of
                                cited as precedent or otherwise relied                     this section, is treated as a precedent
                                upon, the State agency shall inform                        for any future UCFE claim or claim

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                                § 609.2                                                                20 CFR Ch. V (4–1–04 Edition)

                                under the UCX Program (part 614 of                           (e) Federal agency means any depart-
                                this chapter), the Secretary will decide                   ment, agency, or governmental body of
                                whether the Agreement with the State                       the United States, including any in-
                                entered into under the Act shall be ter-                   strumentality wholly or partially
                                minated.                                                   owned by the United States, in any
                                  (ii) In the case of any determination,                   branch of the Government of the
                                redetermination, or decision that is                       United States, which employs any indi-
                                not legally warranted under the Act or                     vidual in Federal civilian service.
                                this part, including any determination,                      (f) Federal civilian service means serv-
                                redetermination, or decision referred                      ice performed in the employ of any
                                to in paragraph (d)(3) of this section,                    Federal agency, except service per-
                                the Secretary will decide whether the                      formed—
                                State shall be required to restore the                       (1) By an elective official in the exec-
                                funds of the United States for any                         utive or legislative branches of the
                                sums paid under such a determination,                      Government of the United States;
                                redetermination, or decision, and                            (2) As a member of the Armed Forces
                                whether, in the absence of such res-                       or the Commissioned Corps of the Na-
                                toration, the Agreement with the State                     tional Oceanic and Atmospheric Ad-
                                shall be terminated and whether other                      ministration;
                                action shall be taken to recover such                        (3) By Foreign Service personnel for
                                sums for the United States.                                whom special separation allowances
                                  (5) A State agency may request re-                       are provided under chapter 14 of title 22
                                consideration of a notice issued pursu-                    of the United States Code;
                                ant to paragraph (d)(2) of paragraph                         (4) Outside the 50 States, the Com-
                                (d)(3) of this section, and shall be given                 monwealth of Puerto Rico, the Virgin
                                an opportunity to present views and ar-                    Islands, and the District of Columbia,
                                guments if desired.                                        by an individual who is not a citizen of
                                  (6) Concurrence of the Department in                     the United States;
                                a determination, redetermination, or                         (5) By an individual excluded by regu-
                                decision shall not be presumed from                        lations of the Office of Personnel Man-
                                the absence of a notice issued pursuant                    agement from civil service retirement
                                to this section.                                           coverage provided by subchapter III of
                                                                                           chapter 83 of title 5 of the United
                                § 609.2     Definitions of terms.                          States Code because the individual is
                                  For the purposes of the Act and this                     paid on a contract or fee basis;
                                part:                                                        (6) By an individual receiving nomi-
                                  (a) Act means subchapter I of chapter                    nal pay and allowances of $12 or less a
                                85, title 5, United States Code, 5 U.S.C.                  year;
                                8501–8508.                                                   (7) In a hospital, home, or other insti-
                                  (b) Agreement means the agreement                        tution of the United States by a pa-
                                entered into pursuant to the Act be-                       tient or inmate thereof;
                                tween a State and the Secretary under                        (8) By a student-employee as defined
                                which the State agency of the State                        by 5 U.S.C. 5351; that is: (i) A student
                                agrees to make payments of unemploy-                       nurse, medical or dental intern, resi-
                                ment compensation in accordance with                       dent-in-training, student dietitian, stu-
                                the Act and the regulations and proce-                     dent physical therapist, or student oc-
                                dures thereunder prescribed by the De-                     cupational therapist, assigned or at-
                                partment.                                                  tached to a hospital, clinic, or medical
                                  (c) Based period means the base pe-                      or dental laboratory operated by an
                                riod as defined by the applicable State                    agency as defined in section 5351; or
                                law for the benefit year.                                    (ii) Any other student-employee, as-
                                  (d) Benefit year means the benefit                       signed or attached primarily for train-
                                year as defined by the applicable State                    ing purposes to such a hospital, clinic,
                                law, and if not so defined the term                        or medical or dental laboratory oper-
                                means the period prescribed in the                         ated by such an agency, who is des-
                                agreement with the State or, in the ab-                    ignated by the head of the agency with
                                sence of an Agreement, the period pre-                     the approval of the Office of Personnel
                                scribed by the Department.                                 Management;

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