Page:United States Statutes at Large Volume 90 Part 2.djvu/1212

 90 STAT. 2680

PUBLIC LAW 94-566—OCT. 20, 1976

SEC. 313. REPEAL OF FINALITY PROVISION. (a) GENERAL RULE.—Section 8506(a) of title 5, United States Code, is amended by striking out the fifth sentence. 5 use8506 note. (b) EFFECTIVE D A T E. — The amendment made by subsection (a) shall apply w i t h respect to findings made after the date of the enactment of this Act. SEC. 314. DENIAL OF UNEMPLOYMENT COMPENSATION TO ATHLETES. ILLEGAL ALIENS, AND RECIPIENTS OF RETIREMENT BENEFITS. (a) GENERAL RULE.—Subsection (a) of section 3304 of the I n t e r n a l 26 USC 3304. Revenue Code of 1954 (relating to requirements for approval of State unemployment compensation laws) is amended by redesignating paragraph (13) as paragraph (16) and by inserting after paragraph (12) the following new paragraph s: "(13) compensation shall not be payable to any individual on the basis of any services, substantially all of which consist of participati n g in sports or athletic events or t r a i n i n g or p r e p a r i n g to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such seasons (or similar period s); " (14)(A) compensation shall not be payable on the basis of services performed by an alien unless such alien is an individual who has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law (including an alien who is lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the 8 USC 1153, Immigration and Nationality Act), 1182. " (B) any data or information required of individuals a p p l y i n g for compensation to determine whether compensation is not payable to them because of their alien status shall be uniformly required from all applicants for compensation, and " (C) in the case of an individual whose application for compensation would otherwise be approved, no determination by the State agency that compensation to such individual is not payable because of his alien status shall be made except upon a preponderance of the evidence; "(15) the amount of compensation payable to an individual for any week which begins after September 30, 1979, and which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced (but not below zero) by an amount equal to the amount of such pension, retirement or retired pay, annuity, or other payment, which is reasonably attributable to such week;". 26 USC 3304 (b) EFFECTIVE D A T E. — The amendment made by subsection (a) shall noteapply with respect to certifications of States for 1978 and subsequent years, or for 1979 and subsequent years in the case of States the legislatures of which do not meet in a regular session which closes in the calendar year 1977.

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