Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 UNITED ST/*TES DEPARTMENT OF LABOR BUREAU OF EMPLOYMENT SECURITY WASHINGTON, D. C. TITLE 20 «= EMPLOYEES' BENEFITS PART 609 «=| REGULATIONS TO IMPL'MENT TITLE xv OF THE SOCIAL SECURITY ACT, AS AMPNDED == RESPONSIBILITIES OF FEDERAL AGENCIES Pursuant to the avthority vested in me by Section 1509, title XV of the Social Security Act (P.L. 767, 83rd Congress, 68 Stat, 1130), the following regulation relating to the responsi~ bilities of Federal agencies in the administration of title XV, is hereby prescribed: Sec. 609.1 Definitions 609.2 Information to Federal Employees 609.3 Findings by Federal Agencies 609.) Additional Information to State Agencies or the Secretary 609.5 Allocation of Terminal Annual Leave Payment 609.6 Assignment of Federal Service and Federal Weges 609.7 Request for Adcitional Information, Correction and Reconsideration of Findings 609.8 Appeal by Federal Agency 609.9 Liaison AUTHORITY: Sections 609.1 to 609.9 issued under Section 1509, Title 1V of the Social Security Act, as amended (P.L. 767, 83rd Congress, 68 Stat. 1130). Interpret or apply Sections 1501 thru 1505, 1507, and 1509, Title XV of the Social Security Act, as amended (P.L. 767, 83rd Congress, 63 Stat. 1130). Secticn 609.1 Definitions. As used in these regulations, unless the context clearly indicates otherwise, (a) "Federal agency" means any department, agency, or governmental body of the United States (including any instrumentality wholly owned by the United States) employing persons in Federal service as defined in this section. Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 (o) "Federal employee" means an individual who hes performed Federal service, as defined in this section, (c) "Federal service’ means service performed after Decem-— ber 31, 1952, in the employ of the United States or any instrvmen- tality wholly owned by the United States, except that ule term shall not include service performed -~ (1) by an elective officer in the executive or legislative branch of the Government of the United States; (2) as a member of the Armed Forces of the United States; (3) by foreign service personnel for whom special separa- tion allowances are provided by the Foreign Service Act of 19))6 (60 Stat. 999); (4) prior to January 1, 1955, for the Bonneville Power Administrator if such service constitutes employment under section 3306 (c) of the Internal Revenne Code of 195h3 (5) outside the United States by an individual who is not a citizen of the United States; for the purpose of this para- graph, the term United States means the States, Alaska, Hawaii, the District of Columbia, Puerto Rico, and the Virgin Islands; (6) by any individual as an employee who is excluded by Executive Order from the operation of the Civil Service Retirment Act of 1930 because he is paid on a contract or fee basis; (7) by any individual as an employee receiving nominal canpensation of $12 or less per annum: (8) ina hospital, home, or other institution of the United States by a patient or inmate thereof; (9) by any individu-l as an employee included under section 2 of the Act of August 4, 197 (releting to certain interns, student nurses, and other student enployees of hosptials of the Federal Government, 5 U.S.C. sec. 1052); (10) by any individual as an employee serving on a tempo- rary basis in case of fire, storm, earthquake, flood, or other similar emergency; (11) by any individual who is employed under a Federal relief program to relieve him from unemployment; (12) by any individual as a member of a State, county, or community committee under the Production and Marketing Adminis- tration or of any other board, council, committee, or other similar body, unless such board, council, committee or other body is composed exclusively of individuals otherwise in the full-time employ of the United States: or Approved For Release 2002/63/20 : CIA-RDP78-04718A001200070032-8 Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 oo on (13) by an officer or a member of a crew on or in connec- tion with an American vessel: (a) owned by or bare~-koat chartered to the United States end (b) whose business is conducted by a general agent of the Secretary of Comrerce, if contributions on account of such service arb required to be made to an unemploy- ment fund under a State unemployment compensation law pursuant to section 3305 (g) of the Internal Revenue Code of 195k. (d) "Federal wages" means ell remuneration for Federal service, including cash allowances and remuneration in any medium other than cach. (e) "Official station" means the place designated on the Federal employee's notification of personnel action terminating his Federal service (Standard Form 50 or its equivalent) as his "headquarters" or "duty station" if it diffefs from "head- quarters," If the form of notification does not specify his "headquarters" or "duty station," his official station shall be the place of employment designated on such forme (f) "State agency" means any agency administering a State unemployment compensation or employment secuity law which has entered into en arreement with the Secretary under title XV of the Social Security Act, as Amended, and the agencies in Puerto Rico and the Virgin Islands to which the Secretary has delegated the authority to make determinations of entitlement under title XV. (gz) "Secretary" means the Secretary of Labor of the United States, (nh) "Title XV" means title XV of the Social Security Act, ag Amended, entitled "Unemployment Compensation for Federal Employees." Sention 609.2 Information to Federal Employees. Fach Federal agency shall: (a) Furnish information to its employees explaining their rights and responsibilities under title XV; (b) Complete Standard FormNo. 8 , "Notice to Separated Federal Employee," in accordance with instructions thereon, and furnish a completed copy of such form to each of its employees at the time of his separation from Federal service, Section 609,3 Findings by Federal Agency. (a) Upon receipt from a State agency or the Secretary of a "Request for Wage and Separation Information" (Form ES-931), the Federal agency Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 | oe ee shall promptly make findings with respect to: (1) Whether the claimant has performed Federal service for that agency during his base; period specified on the Form ES-931, (2) The claimant's Federal wages for such base period, by auarters or weeks, as indi- cated, and (3) The reasons for the termimation of his Federal service. It shall thereupon complete all copies of the Form ES-931 received. If the documents necessary for the completion of the Form have been consigned to an agency record center or to the Federal Records Center in St. Louis, the Federal agency shall obtain the necessary information from the records center. Any records center shall give priority to such requests, (bo) Each Federal agency shall maintain such a control of the Forms ES-931 reneived by it that will enable it to ascertain at any time the number of such Forms that have not been returned to the reauesting State agency, or the Secretary, as the case may be, and the date of the receipt of such unreturned Forms by the Federal agency. (c) Within four working days of the Federal agency's receipt of Form ES-931, it shall complete and return the number of copies of the Form reouested to the State agency or to the Secretary, as the case may require. When the completed Form cannot be returned within such time, the Federal agency shall immediately inform the State agency or the Secretary, as the case may require, and shall include an estimate of the time by which the completed Form will be returned. (d) The findings of the Federal agency made pursuant to section 609.3 (a) of this regulation shall be final and conclusive, unless the claimant requests additional information with respect to, or reconsideration and correction of, such findings in accord- ance with sections 609.7 (a) and (b) of this regulation. (e) With the exception of the findings by a Federal agency specified in section 609.3 (a) of this regulation, a claimant's right to compensation under title XV will be determined by the State agency under the applicable provisions of the State unemploy- ment compensation law. Except for the findings by the Federal agency under section 609.3 (a) of this regulation, the determina~ tion by a State agency is subject to review in the same manner and to the same extent as other determinations of entitlement under the State unemployment compensation law, unless it is a determina- tion by the State agency of Puerto Rico or the Virgin Islands, in which event it is subject to review in accordanoe with the regula~ tions of the Secretary. Section 609, Additional Information to State agencies or the Secretary. Each Federal agency shall furnish to a State Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 A Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 Pee re agency or the Secretary, a6 the case may require, any additional information (which it is not otherwise prohibited from releasing by lew) that may be necessary for the administration of title xV. Section 609,5 Allocation of Terminal Annual Leave Payment. The Federal agency shall allocate any lump-sum paymen for terminal Annual leave over the period for which it was paid. The Federal agency shall follow the procedures described in the Federal Per- sonnel Manual, Sections L 1-3 and L 1-18,02 for computing the terminal annual leave payment to ascertain the last day with respect to which such payment was made. Section 609,6 Assignment of Federal Service and Federal Wages. (a) When the completed Form fe-931 has been returned to é State agency or Secretary, as the case may require, the claimant's Federal service and Federal. wages for the period shown on the Form shall be deemed to have been assigned within the mean- ing of Section 150) of title XV. Unless this assignment is in error the Federal wages and Federal service s0 assigned may not be reassigned to another States (bo) Tach Federsl agency shall maintain a control of assignments of Federal service and Federal wages. “hen an assign- ment is made the Federal agency shall indicate on the basic docu- ment on which it maintains a record of each employee's Federal wages (such as the "Individual Pay Card"), the fact that wages have been assigned, the period concerned, and the State to which assigned, Section 609.7 Reauest for Additional Information, Correc- tion and Reconsideration of Findings. (a) Tf the notice of deter- “$iination of a claimant's entitlement to unemployment compensation under title XV does not contain sufficient information to enable the claimant to understand the basis for any of the findings made by the Federal agency pursuant to section 609.3 (a) of this regu- lation, he may, within the time specified in the State unemploy- ment compensation Jaw for appealing from a determination, file a notice of appeal in accordance with the reauirements of the applicable State unemployment compensation law and concurrently file a reauest for more specific information, through the State agency or the Secretary, as the case may recuire. Upon receipt of this request the Federal agency shall (except where it would be inconsistent with general policies followed in the case of separations for security reasons) furnish to the State ayency or the Secretary, as the case may recuire, such additional informa- tion as will enable the claimant to understand the basis for the. finding, The Federal agency shall submit such information in the number of copies requested by the State agency or the Secretary, as the case may bes Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 TE Ta ¥ Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 ~6-= (b) Any claimant who wishes a Federal asency to reconsider and correct any of its findings made pursuant to section 609.3 (a) of this regulation shall (1) file @ notice of appeal in accordance with the requirements of the applicable State unemploy- ment compensation law, and (2) file a written request for such reconsideration and correction, together with such information as supports his request, through the State agency or the Secretary, as the case may reauire, within the time specified in the unemploy- ment compensation law of the State for appealing from a determina- tion of entitlement to unemployment compensation; rovided, thet such period may be extended for good cause by the State agency or the Secretary, as the case may be, The Federal agency, immediately upon receipt of a claimant's written request for reconsideration and correction, shall consider the information supplied by the claimant end shell review its findings. The Federal agency shall promptly correct any errors or omissions that it may find, and shall affirm, modify, or reverse any or all of its findings as may be appropriate, It shall then forward the requested number of copies of its reconsidered findings to the State e gency or the Secretary, as the case may require. (c) If at any time within one year after the Federal agency returns a completed Form F5-931 to a State agency or the Secretary, as the case may be, the Federal agency ascertains thet any of its findings made pursuant to section 609.3 (a) of this regulation are in error, it shall promptly correct its error and forward its corrected findings to the State agency or the Secretary, as the case mey requires Section 609.8 Appeal by Federal Agency. If the terminating Federal agency believes that a State agency's determination award~ ing or denying unemployment compensation to a claimant under title XV is incorrect, it mey, unless otherwise prohibited by law, appeal from such determination in the same manner and to the same extent as other employers may appeal under the State unemployment compen- sation law, or if the determination is by the State agency of Puerto Rico or the Virgin Islands, the terminating Federal agency may appeal in accordance with regulations of the Secretary; in no event, however, may the terminating Federal agency appeal from the findings of another Federal agency made pursuant to section 609.3 (a) of this regulation. Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8 a ee one of its officials to be its liaison with the Secretary. Effective Date. These regulations shall take effect on January 1, 1955. Signed at Washington, D. C. this 29th day of October, 1954 Secretary of Labor Approved For Release 2002/03/20 : CIA-RDP78-04718A001200070032-8