(a) Purpose. Subchapter I of chapter 85, title 5 of the United
States Code, as amended by Pub. L. 94-566, 90 Stat. 2667, 5 U.S.C. 8501-
8508, provides for a permanent program of unemployment compensation for
unemployed Federal civilian employees. The unemployment compensation
provided for in subchapter I is hereinafter referred to as unemployment
compensation for Federal employees, or UCFE. The regulations in this
part are issued to implement the UCFE Program.
(b) First rule of construction. The Act and the implementing
regulations in this part shall be construed liberally so as to carry out
the purposes of the Act.
(c) Second rule of construction. The Act and the implementing
regulations in this part shall be construed so as to assure insofar as
possible the uniform interpretation and application of the Act
throughout the United States.
(d) Effectuating purpose and rules of construction. (1) In order to
effectuate the provisions of this section, each State agency shall
forward to the United States Department of Labor (hereafter Department),
not later than 10 days after issuance, a copy of each judicial or
administrative decision ruling on an individual's entitlement to payment
of UCFE or to credit for a waiting period. On request of the Department,
a State agency shall forward to the Department a copy of any
determination or redetermination ruling on an individual's entitlement
to UCFE or waiting period credit.
(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.
