PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES Authority: 5 U.S.C. 8508; Secretary's Order No. 4-75, 40 FR 18515; (5 U.S.C. 301). Interpret and apply secs. 8501-8508 of title 5, United States Code. Source: 47 FR 54687, Dec. 3, 1982, unless otherwise noted. Subpart A—General Provisions § 609.1 Purpose and application. (a) Purpose. (b) First rule of construction. (c) Second rule of construction. (d) Effectuating purpose and rules of construction. (2) 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. (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 UCFE to a claimant, the steps outlined in paragraph (d)(2) of this section shall be followed by the State agency. If the determination, redetermination, or decision in question awards UCFE 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 UCFE 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 UCFE 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 UCFE claim or claim under the UCX Program (part 614 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)(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 the 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) of 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. § 609.2 Definitions of terms. For the purposes of the Act and this part: (a) Act (b) Agreement (c) Based period (d) Benefit year (e) Federal agency (f) Federal civilian service (1) By an elective official in the executive or legislative branches of the Government of the United States; (2) As a member of the Armed Forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration; (3) By Foreign Service personnel for whom special separation allowances are provided under chapter 14 of title 22 of the United States Code; (4) Outside the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia, by an individual who is not a citizen of the United States; (5) By an individual excluded by regulations of the Office of Personnel Management from civil service retirement coverage provided by subchapter III of chapter 83 of title 5 of the United States Code because the individual is paid on a contract or fee basis; (6) By an individual receiving nominal pay and allowances of $12 or less a year; (7) In a hospital, home, or other institution of the United States by a patient or inmate thereof; (8) By a student-employee as defined by 5 U.S.C. 5351; that is: (i) A student nurse, medical or dental intern, resident-in-training, student dietitian, student physical therapist, or student occupational therapist, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by an agency as defined in section 5351; or (ii) Any other student-employee, assigned or attached primarily for training purposes to such a hospital, clinic, or medical or dental laboratory operated by such an agency, who is designated by the head of the agency with the approval of the Office of Personnel Management; (9) By an individual serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency; (10) By an individual employed under a Federal relief program to relieve the individual from unemployment; (11) As a member of a State, county, or community committee under the Agricultural Stabilization and Conservation Service or of any other board, council, committee, or other similar body, unless such body is composed exclusively of individuals otherwise in the full-time employ of the United States; (12) By an officer or member of the crew on or in connection with an American vessel which is: (i) Owned by or bareboat chartered to the United States, and (ii) The business of which is conducted by a general agent of the Secretary of Commerce; and (iii) If contributions on account of such service are required under section 3305(g) of the Internal Revenue Code of 1986 (26 U.S.C. 3305(g)) to be made to an unemployment fund under a State law; (13) By an individual excluded by any other Federal law from coverage under the UCFE Program; or (14) By an individual whose service is covered by the UCX Program to which part 614 of this chapter applies. (g) Federal employee (h) Federal findings (2) The period or periods of such Federal civilian service; (3) The individual's Federal wages; and (4) The reasons for termination of the individual's Federal civilian service. (i) Federal wages (j) First claim (k) Official station (l) Secretary (m) State (n) State agency (o)(1) State law (2) Applicable State law (p)(1) Unemployment compensation (2) Regular compensation (3) Additional compensation (4) Emergency compensation (5) Extended compensation (q) Week (r) Week of unemployment [47 FR 54687, Dec. 3, 1982, as amended at 71 FR 35514, June 21, 2006] Subpart B—Administration of UCFE Program § 609.3 Eligibility requirements for UCFE. An individual shall be eligible to receive a payment of UCFE or to waiting period credit with respect to a week of unemployment if: (a) The individual has Federal civilian service and Federal wages in the base period under the applicable State law; (b) The individual meets the qualifying employment and wage requirements of the applicable State law, either on the basis of Federal civilian service and Federal wages alone or in combination with service and wages covered under a State law or under the UCX Program (part 614 of this chapter); (c) The individual has filed an initial claim for UCFE and, as appropriate, has filed a timely claim for waiting period credit or a payment of UCFE with respect to that week of unemployment; and (d) The individual is totally, part-totally, or partially unemployed, and is able to work, available for work, and seeking work within the meaning of or as required by the applicable State law, and is not subject to disqualification under this part or the applicable State law, with respect to that week of unemployment. § 609.4 Weekly and maximum benefit amounts. (a) Total unemployment. (b) Partial and part-total unemployment. (c) Maximum amount. (d) Computation rules. (2) All Federal civilian service and Federal wages for all Federal agencies shall be considered employment with a single employer for purposes of the UCFE Program. § 609.5 Claims for UCFE. (a) First claims. (b) Weekly claims. (c) Secretary's standard. Employment Security Manual, et seq. § 609.6 Determinations of entitlement; notices to individual. (a) Determination of first claim. (b) Determinations of weekly claims. (c) Redetermination. (d) Notices to individual. (e) Obtaining information for claim determinations. (2) If Federal findings have not been received from a Federal agency within 12 days after the request for information was submitted to the Federal agency, the State agency shall determine the individual's entitlement to UCFE on the basis of an affidavit completed by the individual on a form prescribed by the Department. In addition, the individual shall submit for examination by the State agency any documents issued by the Federal agency (for example, Standard Form 50 or W-2) verifying that the individual performed services for and received wages from such Federal agency. (3) If Federal findings received by a State agency after a determination has been made under this section contain information which would result in a change in the individual's eligibility for or entitlement to UCFE, the State agency promptly shall make a redetermination and notify the individual, as provided in this section. All payments of UCFE made prior to or after such redetermination shall be adjusted in accordance therewith. (f) Promptness. (g) Secretary's standard. Employment Security Manual, et seq. [47 FR 54687, Dec. 3, 1982, as amended at 71 FR 35514, June 21, 2006] § 609.7 Appeal and review. (a) Applicable State law. (b) Rights of appeal and fair hearing. (c) Promptness on appeals. (2) Any provision of an applicable State law for advancement or priority of unemployment compensation cases on judicial calendars, or otherwise intended to provide for the prompt payment of unemployment compensation when due, shall apply to proceedings involving claims for UCFE. (d) Appeal and review by Federal agency. [47 FR 54687, Dec. 3, 1982, as amended at 71 FR 35514, June 21, 2006] § 609.8 The applicable State for an individual. (a) The applicable State. (b) Assignment of service and wages. (i) At the time a first claim is filed the individual resides in another State in which, after separation from Federal civilian service, the individual performed service covered under the State law, in which case all of the individual's Federal civilian service and wages shall be assigned to the latter State; or (ii) Prior to filing a first claim an individual's last official station was outside the States, in which case all of the individual's Federal civilian service and Federal wages shall be assigned to the State in which the individual resides at the time the individual files a first claim, provided the individual is personally present in a State when the individual files the first claim. (2) Federal civilian service and wages assigned to a State in error shall be reassigned for use by the proper State agency. An appropriate record of a reassignment shall be made by the State agency which makes the reassignment. (3) Federal civilian service and Federal wages assigned to a State shall be transferred to another State where such transfer is necessary for the purposes of a combined-wage claim filed by an individual. (c) Assignment deemed complete. (d) Use of assigned service and wages. § 609.9 Provisions of State law applicable to UCFE claims. (a) Particular provisions applicable. (1) Claim filing and reporting; (2) Information to individuals, as appropriate; (3) Notices to individuals and Federal agencies, as appropriate, including notice to each individual of each determination and redetermination of eligibility for or entitlement to UCFE; (4) Determinations and redeterminations; (5) Ability to work, availability for work, and search for work; and (6) Disqualifications. (b) IBPP. Interstate Benefit Payment Plan (c) Wage combining. Interstate Arrangement for Combining Employment and Wages (d) Procedural requirements. § 609.10 Restrictions on entitlement. (a) Disqualification. (b) Allocation of terminal annual leave payments. § 609.11 Overpayments; penalties for fraud. (a) False statements and representations. (1) Knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and (2) As a result of that action has received an amount as UCFE to which the individual was not entitled; the individual shall repay the amount to the State agency or the Department. Instead of requiring repayments, the State agency or the Department may recover the amount by deductions from UCFE payable to the individual during the 2-year period after the date of the finding. A finding by a State agency or the Department may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under § 609.7. (b) Prosecution for fraud. (c) Absence of fraud. (d) Recovery by offset. (2) A State agency shall also recover, insofar as is possible, the amount of any overpayment of UCFE made to the individual by another State, by deductions from any UCFE payable by the State agency to the individual under the Act and this part, or from any unemployment compensation payable to the individual under any Federal unemployment compensation law administered by the State agency, or from any assistance or allowance payable to the individual with respect to unemployment under any other Federal law administered by the State agency. (3) Recoupment of fraudulent overpayments referred to in paragraph (a) of this section shall be limited to the 2-year period stated in that paragraph. Recoupment of fraudulent overpayments referred to in paragraph (b) of this section, and nonfraudulent overpayments referred to in paragraph (c) of this section shall be subject to any time limitation on recoupment provided for in the State law that applies to the case. (e) Debts due the United States. (f) Application of State law. (2) In the case of any finding of false statement or representation under the Act and paragraph (a) of this section, or prosecution for fraud under 18 U.S.C. 1919 or pursuant to paragraph (f)(1) of this section, the individual shall be disqualified or penalized in accordance with the provisions of the applicable State law relating to fraud in connection with a claim for State unemployment compensation. (g) Final decision. (h) Procedural requirements. (2) The provisions of § 609.7 shall apply to determinations and redeterminations made pursuant to this section. (i) Fraud detection and prevention. Employment Security Manual, et seq. (j) Recovered overpayments. (1) Deposited in the fund from which payment was made, if the repayment was to a State agency; or (2) Returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Department. § 609.12 Inviolate rights to UCFE. Except as specifically provided in this part, the rights of individuals to UCFE shall be protected in the same manner and to the same extent as the rights of persons to State unemployment compensation are protected under the applicable State law. Such measures shall include protection of applicants for UCFE from waiver, release, assignment, pledge, encumbrance, levy, execution, attachment, and garnishment of their rights to UCFE, except as provided in § 609.11. In the same manner and to the same extent, individuals shall be protected from discrimination and obstruction in regard to seeking, applying for, and receiving any right to UCFE. § 609.13 Recordkeeping; disclosure of information. (a) Recordkeeping. (b) Disclosure of Information. [47 FR 54687, Dec. 3, 1982, as amended at 71 FR 35514, June 21, 2006] § 609.14 Payments to States. (a) State entitlement. (b) Payment. (c) Certification by the Department. (d) Use of money. § 609.15 Public access to Agreements. The State agency of a State will make available to any individual or organization a true copy of the Agreement with the State for inspection and copying. Copies of an Agreement may be furnished on request to any individual or organization upon payment of the same charges, if any, as apply to the furnishing of copies of other records of the State agency. § 609.16 Administration in absence of an Agreement. (a) Administering Program. (b) Applicable State law. (c) Fair hearing. § 609.17 Information, reports, and studies. State agencies shall furnish to the Department such information and reports and conduct such studies as the Department determines are necessary or appropriate for carrying out the purposes of the UCFE Program. Subpart C—Responsibilities of Federal Agencies § 609.20 Information to Federal civilian employees. Each Federal agency shall: (a) Furnish information to its employees as to their rights and responsibilities under the UCFE Program and 18 U.S.C. 1919; and (b) Furnish a completed copy of a form approved by the Department, “Notice to Federal Employee About Unemployment Compensation,” in accordance with instructions thereon, to each employee at the time of separation from Federal civilian service, when transferred from one payroll office to another, or when the office responsible for distribution of the form is advised that an individual is in nonpay status for seven consecutive days or more. § 609.21 Findings of Federal agency. (a) Answering request. (b) Failure to meet time limit. (c) Administrative control. § 609.22 Correcting Federal findings. If a Federal agency ascertains at any time within one year after it has returned a completed form reporting its findings, that any of its findings were erroneous, it shall promptly correct its error and forward its corrected findings to the State agency. § 609.23 Furnishing additional information. On receipt of a request for additional information from a State agency, a Federal agency shall consider the information it supplied initially in connection with such request and shall review its findings. The Federal agency promptly shall forward to the State agency such additional findings as will respond to the request. The Federal agency shall, if possible, respond within four workdays after the receipt of a request under this section. § 609.24 Reconsideration of Federal findings. On receipt of a request for reconsideration of Federal findings from a State agency, the Federal agency shall consider the initial information supplied in connection with such request and shall review its findings. The Federal agency shall correct any errors or omissions in its findings and shall affirm, modify, or reverse any or all of its findings in writing. The Federal agency promptly shall forward its reconsidered findings to the requesting authority. The Federal agency shall, if possible, respond within four workdays after the receipt of a request under this section. § 609.25 Furnishing other information. (a) Additional Information. (b) Reports. § 609.26 Liaison with Department. To facilitate the Department's administration of the UCFE Program, each Federal agency shall designate one or more of its officials to be the liaison with the Department. Each Federal agency will inform the Department of its designation(s) and of any change in a designation.