Laws: Cases and Codes : U.S. Code : Title 42 : Section 1104


   
U.S. Code as of: 01/19/04
Section 1104. Unemployment Trust Fund

    (a) Establishment
      There is hereby established in the Treasury of the United States
    a trust fund to be known as the "Unemployment Trust Fund",
    hereinafter in this subchapter called the "Fund". The Secretary of
    the Treasury is authorized and directed to receive and hold in the
    Fund all moneys deposited therein by a State agency from a State
    unemployment fund, or by the Railroad Retirement Board to the
    credit of the railroad unemployment insurance account or the
    railroad unemployment insurance administration fund, or otherwise
    deposited in or credited to the Fund or any account therein. Such
    deposit may be made directly with the Secretary of the Treasury,
    with any depositary designated by him for such purpose, or with any
    Federal Reserve Bank.
    (b) Investments
      It shall be the duty of the Secretary of the Treasury to invest
    such portion of the Fund as is not, in his judgment, required to
    meet current withdrawals. Such investment may be made only in
    interest-bearing obligations of the United States or in obligations
    guaranteed as to both principal and interest by the United States.
    For such purpose such obligations may be acquired (1) on original
    issue at the issue price, or (2) by purchase of outstanding
    obligations at the market price. The purposes for which obligations
    of the United States may be issued under chapter 31 of title 31 are
    hereby extended to authorize the issuance at par of special
    obligations exclusively to the Fund. Such special obligations shall
    bear interest at a rate equal to the average rate of interest,
    computed as of the end of the calendar month next preceding the
    date of such issue, borne by all interest-bearing obligations of
    the United States then forming part of the public debt; except that
    where such average rate is not a multiple of one-eighth of 1 per
    centum, the rate of interest of such special obligations shall be
    the multiple of one-eighth of 1 per centum next lower than such
    average rate. Obligations other than such special obligations may
    be acquired for the Fund only on such terms as to provide an
    investment yield not less than the yield which would be required in
    the case of special obligations if issued to the Fund upon the date
    of such acquisition. Advances made to the Federal unemployment
    account pursuant to section 1323 of this title shall not be
    invested.
    (c) Sale or redemption of obligations
      Any obligations acquired by the Fund (except special obligations
    issued exclusively to the Fund) may be sold at the market price,
    and such special obligations may be redeemed at par plus accrued
    interest.
    (d) Treatment of interest and proceeds
      The interest on, and the proceeds from the sale or redemption of,
    any obligations held in the Fund shall be credited to and form a
    part of the Fund.
    (e) Separate book accounts
      The Fund shall be invested as a single fund, but the Secretary of
    the Treasury shall maintain a separate book account for each State
    agency, the employment security administration account, the Federal
    unemployment account, the railroad unemployment insurance account,
    and the railroad unemployment insurance administration fund and
    shall credit quarterly (on March 31, June 30, September 30, and
    December 31, of each year) to each account, on the basis of the
    average daily balance of such account, a proportionate part of the
    earnings of the Fund for the quarter ending on such date. For the
    purpose of this subsection, the average daily balance shall be
    computed - 
        (1) in the case of any State account, by reducing (but not
      below zero) the amount in the account by the balance of advances
      made to the State under section 1321 of this title, and
        (2) in the case of the Federal unemployment account - 
          (A) by adding to the amount in the account the aggregate of
        the reductions under paragraph (1), and
          (B) by subtracting from the sum so obtained the balance of
        advances made under section 1323 of this title to the account.
    (f) Payment to State agencies and Railroad Retirement Board
      The Secretary of the Treasury is authorized and directed to pay
    out of the Fund to any State agency such amount as it may duly
    requisition, not exceeding the amount standing to the account of
    such State agency at the time of such payment. The Secretary of the
    Treasury is authorized and directed to make such payments out of
    the railroad unemployment insurance account for the payment of
    benefits, and out of the railroad unemployment insurance
    administration fund for the payment of administrative expenses, as
    the Railroad Retirement Board may duly certify, not exceeding the
    amount standing to the credit of such account or such fund, as the
    case may be, at the time of such payment.
    (g) Federal unemployment account; establishment
      There is hereby established in the Unemployment Trust Fund a
    Federal unemployment account.



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