Page:United States Statutes at Large Volume 105 Part 1.djvu/574

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105 STAT. 546 PUBLIC LAW 102-107—AUG. 17, 1991 (c) RECOVERY BY STATE AGENCY. — (1) IN GENERAL.—The State agency may recover the amount to be repaid, or any part thereof, by deductions from any emergency unemployment compensation payable to such individual under this Act or from any unemployment compensation payable to such individual under any Federal unemploy- ment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the emergency unemployment compensation to which they were not entitled, except that no single deduction may exceed 50 percent of the weekly benefit amount from which such deduction is made. (2) OPPORTUNITY FOR HEARING.—No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) REVIEW. —Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. 26 USC 3304 SEC. 7. DEFINITIONS. For purposes of this Act: (1) IN GENERAL.—The terms "compensation", "regular compensation", "extended compensation", "additional compensation", "benefit year", "base period", "State", "State agency", "State law", and "week" have the meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (2) ELIGIBILITY PERIOD. —An individual's eligibility period shall consist of the weeks in the individual's benefit year which begin in an 8-percent period, 7-percent period, 6-percent period, or other period under this Act and, if the individual's benefit year ends on or after August 31, 1991, any weeks thereafter which begin in any such period. In no event shall an individual's period of eligibility include any weeks after the 39th week after the end of the benefit year for which the individual exhausted his rights to regular compensation or extended compensation. (3) RATE OF TOTAL UNEMPLOYMENT. — The term "rate of total unemployment" means the average unadjusted total rate of unemployment (as determined by the Secretary) for a State for the period consisting of the most recent 6-calendar month period for which data are available. 26 USC 3304 SEC. 8. PAYMENTS OF UNEMPLOYMENT COMPENSATION TO FORMER note. MEMBERS OF THE ARMED FORCES. (a) REPEAL OF CERTAIN LIMITATIONS.— Subsection (c) of section 8521 of title 5, United States Code, is hereby repealed. 0?) REDUCTION IN LENGTH OF REQUIRED ACTIVE DUTY BY RE- SERVES.—Pargigraph (1) of section 8521(a) of such title 5 is amended by striking "180 days" and inserting "90 days". 5 USC 8521 (c) EFFECTIVE DATE. — The amendments made by this section shall ^***®- apply to weeks of unemployment beginning on or after the date of the enactment of this Act.