US (United States) Code. Title 45. Chapter 11: Railroad unemployment insurance

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Railroads

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-CITE-

45 USC CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-MISC1-

Sec.

351. Definitions.

352. Benefits.

(a) Days for which benefits payable; determination

of amount.

(b) Time of payments.

(c) Maximum number of days for benefits.

(d) Overpayment of benefits; recovery; liability of

officers.

(e) Assignment, taxation, garnishment, attachment,

etc., of benefits.

(f) Effect of payment of benefits for remunerable

period; payment of surplus remuneration to

Board.

(g) Payment of accrued benefits upon death.

353. Qualifying condition.

354. Disqualifying conditions.

(a-1)Day of unemployment or day of sickness.

(a-2)Day of unemployment.

(b) Participation, interest, or financial

assistance in labor dispute.

(c) Unsuitable work.

(d) Factors in determination of suitable work.

(e) Voluntarily leaving unsuitable work.

355. Claims for benefits.

(a) Publication of Board's regulations.

(b) Findings, hearings, investigations, etc., by

Board.

(c) Hearing and review of decisions on claims.

(d) Decisions of reviewing bodies; review and

finality.

(e) Application of rules of evidence in law and

equity; notice of findings.

(f) Review of final decision of Board by Courts of

Appeals; costs.

(g) Finality of Board decisions.

(h) Benefits payable prior to final decision of

Board.

(i) Fees for presenting claims; penalties.

355a. Acceptance of claims for benefits.

356. Returns of compensation; conclusiveness; failure to

make.

357. Free transportation.

358. Contributions.

(a) Employer contribution.

(b) Employee representative contribution.

(c) Board proclamation of balance.

(d) Notifications by Board.

(e) Information to verify accuracy to be made

available.

(f) Fractional parts of a cent.

(g) Adjustments for improper payments.

(h) Refunding overpayment; collecting underpayment.

(i) Collection and deposit of contributions.

(j) Time for payment; failure to pay promptly.

(k) Application of other laws; authority of Board.

359. Penalties.

(a) Failure to make report or furnish information;

false or fraudulent statement or claim.

(b) Agreement by employee to bear employer's

contribution.

(c) Punishments not specifically provided.

(d) Payment and disposition of fines or penalties.

360. Railroad unemployment insurance account.

(a) Funds constituting account; availability for

benefits or refunds.

(b) Payment of benefits or refunds.

(c) Annual report to Congress.

(d) Transfer and retransfer of funds; interest.

361. Railroad unemployment insurance administration fund.

(a) Maintenance of account; amounts constituting

fund.

(b) Authorization of appropriations; advance of

sums; repayment.

(c) Availability for administrative expenses.

(d) Transfer of excess to insurance account.

362. Duties and powers of Board.

(a) Witnesses; subpenas, service, fees, etc.

(b) Enforcement of subpenas by courts; contempts;

service of orders, writs, or processes.

(c) Repealed.

(d) Information as confidential.

(e) Certification of claims; authorization of

employee to make payments; bond.

(f) Cooperation with other agencies administering

unemployment or sickness compensation laws;

agreements.

(g) Benefits also subject to a State law; mutual

reimbursement.

(h) Assistance from employers and labor

organizations; compensation.

(i) Free employment offices; registration of

unemployed; statements of sickness;

reemployment.

(j) Advisory councils; members' remuneration.

(k) Reduction of unemployment; training and

reemployment of unemployed employees, etc.

(l) Necessary and incidental powers; employees of

Board, employment, remuneration, civil-service

laws, registration of unemployed, and detail.

(m) Delegation of powers.

(n) Sickness benefits; examinations; information

and reports; contracts and expenses for

examinations.

(o) Liability of third party for sickness;

reimbursement of Board.

(p) Disqualification to execute statements of

sickness or receive fees.

(q) Investigations and research with respect to

accidents and disabilities.

(r) Duty of Board to make certain computations.

363. Exclusiveness of provisions; transfers from State

unemployment compensation accounts to railroad

unemployment insurance account.

(a) Omitted.

(b) Effect on State unemployment compensation laws.

(c) Determination of "preliminary amount" for

States.

(d) Withholding amounts from certification to

States; transfers to railroad unemployment

compensation account.

(e) Transfers and withdrawals, effect upon social

security provisions.

(f) Payments to railroad unemployment insurance

account; transfers from unemployment trust

fund of States.

363a. Refunds of State unemployment contributions by

employees; amount; application period; definitions.

364. District of Columbia account, transfer of funds to

railroad unemployment insurance account.

365. Omitted.

366. Separability.

366a. Effect of Internal Revenue Code.

367. Short title.

368. Repealed.

369. Annual report.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 159a, 231f, 231g, 231i,

355a, 363a, 366a, 367, 401, 404, 797d, 909, 1207 of this title;

title 8 section 1611; title 19 section 2319; title 26 sections

6331, 6334; title 42 section 10601; title 49 sections 10501, 24301.

-End-

-CITE-

45 USC Sec. 351 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 351. Definitions

-STATUTE-

For the purposes of this chapter, except when used in amending

the provisions of other Acts -

(a) The term "employer" means any carrier (as defined in

subsection (b) of this section), and any company which is directly

or indirectly owned or controlled by one or more such carriers or

under common control therewith, and which operates any equipment or

facility or performs any service (except trucking service, casual

service, and the casual operation of equipment or facilities) in

connection with the transportation of passengers or property by

railroad, or the receipt, delivery, elevation, transfer in transit,

refrigeration or icing, storage, or handling of property

transported by railroad, and any receiver, trustee, or other

individual or body, judicial or otherwise, when in the possession

of the property or operating all or any part of the business of any

such employer: Provided, however, That the term "employer" shall

not include any street, interurban, or suburban electric railway,

unless such railway is operating as a part of a general

steam-railroad system of transportation, but shall not exclude any

part of the general steam-railroad system of transportation now or

hereafter operated by any other motive power. The Surface

Transportation Board is hereby authorized and directed upon request

of the Railroad Retirement Board, or upon complaint of any party

interested, to determine after hearing whether any line operated by

electric power falls within the terms of this proviso. The term

"employer" shall also include railroad associations, traffic

associations, tariff bureaus, demurrage bureaus, weighing and

inspection bureaus, collection agencies, and other associations,

bureaus, agencies, or organizations controlled and maintained

wholly or principally by two or more employers as hereinbefore

defined and engaged in the performance of services in connection

with or incidental to railroad transportation; and railway labor

organizations, national in scope, which have been or may be

organized in accordance with the provisions of the Railway Labor

Act [45 U.S.C. 151 et seq.], and their State and National

legislative committees and their general committees and their

insurance departments and their local lodges and divisions,

established pursuant to the constitution and bylaws of such

organizations. The term "employer" shall not include any company by

reason of its being engaged in the mining of coal, the supplying of

coal to an employer where delivery is not beyond the mine tipple,

and the operation of equipment or facilities therefor, or in any of

such activities.

(b) The term "carrier" means a railroad subject to the

jurisdiction of the Surface Transportation Board under part A of

subtitle IV of title 49.

(c) The term "company" includes corporations, associations, and

joint-stock companies.

(d) The term "employee" (except when used in phrases establishing

a different meaning) means any individual who is or has been (i) in

the service of one or more employers for compensation, or (ii) an

employee representative. The term "employee" shall include an

employee of a local lodge or division defined as an employer in

subsection (a) of this section only if he was in the service of a

carrier on or after August 29, 1935. The term "employee" includes

an officer of an employer.

The term "employee" shall not include any individual while such

individual is engaged in the physical operations consisting of the

mining of coal, the preparation of coal, the handling (other than

movement by rail with standard railroad locomotives) of coal not

beyond the mine tipple, or the loading of coal at the tipple.

(e) An individual is in the service of an employer whether his

service is rendered within or without the United States if (i) he

is subject to the continuing authority of the employer to supervise

and direct the manner of rendition of his service, or he is

rendering professional or technical services and is integrated into

the staff of the employer, or he is rendering, on the property used

in the employer's operations, other personal services the rendition

of which is integrated into the employer's operations, and (ii) he

renders such service for compensation: Provided, however, That an

individual shall be deemed to be in the service of an employer,

other than a local lodge or division or a general committee of a

railway-labor-organization employer, not conducting the principal

part of its business in the United States only when he is rendering

service to it in the United States; and an individual shall be

deemed to be in the service of such a local lodge or division only

if (1) all, or substantially all, the individuals constituting its

membership are employees of an employer conducting the principal

part of its business in the United States; or (2) the headquarters

of such local lodge or division is located in the United States;

and an individual shall be deemed to be in the service of such a

general committee only if (1) he is representing a local lodge or

division described in clauses (1) or (2) immediately above; or (2)

all, or substantially all, the individuals represented by it are

employees of an employer conducting the principal part of its

business in the United States; or (3) he acts in the capacity of a

general chairman or an assistant general chairman of a general

committee which represents individuals rendering service in the

United States to an employer, but in such case if his office or

headquarters is not located in the United States and the

individuals represented by such general committee are employees of

an employer not conducting the principal part of its business in

the United States, only such proportion of the remuneration for

such service shall be regarded as compensation as the proportion

which the mileage in the United States under the jurisdiction of

such general committee bears to the total mileage under its

jurisdiction, unless such mileage formula is inapplicable, in which

case the Board may prescribe such other formula as it finds to be

equitable, and if the application of such mileage formula, or such

other formula as the Board may prescribe, would result in the

compensation of the individual being less than 10 per centum of his

remuneration for such service no part of such remuneration shall be

regarded as compensation: Provided further, That an individual not

a citizen or resident of the United States shall not be deemed to

be in the service of an employer when rendering service outside the

United States to an employer who is required under the laws

applicable in the place where the service is rendered to employ

therein, in whole or in part, citizens or residents thereof.

(f) The term "employee representative" means any officer or

official representative of a railway labor organization other than

a labor organization included in the term employer as defined in

subsection (a) of this section who before or after August 29, 1935,

was in the service of an employer as defined in said subsection and

who is duly authorized and designated to represent employees in

accordance with the Railway Labor Act [45 U.S.C. 151 et seq.], and

any individual who is regularly assigned to or regularly employed

by such officer or official representative in connection with the

duties of his office.

(g) The term "employment" means service performed as an employee.

For the purposes of determining eligibility for and the amount of

benefits and the amount of contributions due pursuant to this

chapter, employment after June 30, 1940, in the service of a local

lodge or division of a railway-labor-organization employer or as an

employee representative shall be disregarded. For purposes of

determining eligibility for and the amount of benefits and the

amount of contributions due pursuant to this chapter, employment as

a delegate to a national or international convention of a railway

labor organization defined as an "employer", in subsection (a) of

this section, shall be disregarded if the individual having such

employment has not previously rendered service, other than as such

a delegate, which may be included in his "years of service" for

purposes of the Railroad Retirement Act [45 U.S.C. 231 et seq.].

(h) The term "registration period" means, with respect to any

employee, the period which begins with the first day for which such

employee registers at an employment office in accordance with such

regulations as the Board may prescribe, and ends with whichever is

the earlier of (i) the thirteenth day thereafter, or (ii) the day

immediately preceding the day for which he next registers at a

different employment office; and thereafter each period which

begins with the first day for which he next registers at an

employment office after the end of his last preceding registration

period which began with a day for which he registered at an

employment office and ends with whichever is the earlier of (i) the

thirteenth day thereafter, or (ii) the day immediately preceding

the day for which he next registers at a different employment

office.

The term "registration period" means also, with respect to any

employee, the period which begins with the first day with respect

to which a statement of sickness for a "period of continuing

sickness" (as defined in section 352(a) of this title) is filed in

his behalf in accordance with such regulations as the Board may

prescribe, or the first such day after the end of a registration

period which will have begun with a day with respect to which a

statement of sickness for a "period of continuing sickness" (as

defined in section 352(a) of this title) was filed in his behalf,

and ends with whichever is the earlier of (i) the thirteenth day

thereafter, or (ii) the day immediately preceding the day with

respect to which a statement of sickness for a new "period of

continuing sickness" (as defined in section 352(a) of this title)

is filed in his behalf.

(i)(1) In General. - The term "compensation" means any form of

money remuneration, including pay for time lost but excluding tips,

paid for services rendered as an employee to one or more employers,

or as an employee representative, except that in computing the

compensation paid to any employee, no part of any month's

compensation in excess of the monthly compensation base (as defined

in subdivision (2)) for any month shall be recognized. Solely for

the purpose of determining the compensation received by an employee

in a base year, the term "compensation" shall include any

separation allowance or subsistence allowance paid under any

benefit schedule provided under section 701 (!1) of title VII of

the Regional Rail Reorganization Act of 1973 [45 U.S.C. 797] and

any termination allowance paid under section 702 of that Act [45

U.S.C. 797a], but does not include any other benefits payable under

that title [45 U.S.C. 797 et seq.]. The total amount of any

subsistence allowance payable under a benefit schedule provided

pursuant to section 701 (!1) of the Regional Rail Reorganization

Act of 1973 shall be considered as being compensation in the month

in which the employee first timely filed a claim for such an

allowance. Such term does not include remuneration for service

which is performed by a nonresident alien individual for the period

he is temporarily present in the United States as a nonimmigrant

under subparagraph (F) or (J) of section 1101(a)(15) of title 8 and

which is performed to carry out the purpose specified in

subparagraph (F) or (J) as the case may be. A payment made by an

employer to an individual through the employer's pay roll shall be

presumed, in the absence of evidence to the contrary, to be

compensation for service rendered by such individual as an employee

of the employer in the period with respect to which the payment is

made. An employee shall be deemed to be paid, "for time lost" the

amount he is paid by an employer with respect to an identifiable

period of absence from the active service of the employer,

including absence on account of personal injury, and the amount he

is paid by the employer for loss of earnings resulting from his

displacement to a less remunerative position or occupation. If a

payment is made by an employer with respect to a personal injury

and includes pay for time lost, the total payment shall be deemed

to be paid for time lost unless, at the time of payment, a part of

such payment is specifically apportioned to factors other than time

lost, in which event only such part of the payment as is not so

apportioned shall be deemed to be paid for time lost. Compensation

earned in any calendar month before 1947 shall be deemed paid in

such month regardless of whether or when payment will have been in

fact made, and compensation earned in any calendar year after 1946

but paid after the end of such calendar year shall be deemed to be

compensation paid in the calendar year in which it will have been

earned if it is so reported by the employer before February 1 of

the next succeeding calendar year or, if the employee establishes,

subject to the provisions of section 356 of this title, the period

during which such compensation will have been earned.

(2) Monthly Compensation Base. -

(A) In general. - For purposes of subdivision (1), the term

"monthly compensation base" means the amount -

(i) of $400 for calendar months before January 1, 1984;

(ii) of $600 for calendar months after December 31, 1983 and

before January 1, 1989; and

(iii) computed under subparagraph (B) for months after

December 31, 1988.

(B) Computation. -

(i) In general. - The amount of the monthly compensation base

for each calendar year beginning after December 31, 1988, is

the greater of -

(I) $600; or

(II) the amount, as rounded under clause (iii) if

applicable, computed under the formula:

A-37,800

B=600 G7A 1+ G7 - - - G7B

- -

56,700

--------------------------------------------------------------------

(ii) Meaning of symbols. - For the purposes of the formula in

clause (i) -

(I) "B" is the dollar amount of the monthly compensation

base; and

(II) "A" is the amount of the applicable base with respect

to tier 1 taxes, for the calendar year for which the monthly

compensation base is being computed, as determined under

section 3231(e)(2) of title 26.

(iii) Rounding rule. - If the monthly compensation base

computed under this formula is not a multiple of $5, it shall

be rounded to the nearest multiple of $5, with such rounding

being upward in the event the amount computed is equidistant

between two multiples of $5.

(j) The term "remuneration" means pay for services for hire,

including pay for time lost, and tips, but pay for time lost shall

be deemed earned on the day on which such time is lost. The term

"remuneration" includes also earned income other than for services

for hire if the accrual thereof in whole or in part is

ascertainable with respect to a particular day or particular days.

The term "remuneration" does not include any money payments

received pursuant to any nongovernmental plan for unemployment

insurance, maternity insurance, or sickness insurance.

(k) Subject to the provisions of section 354 of this title (1) a

day of unemployment, with respect to any employee, means a calendar

day on which he is able to work and is available for work and with

respect to which (i) no remuneration is payable or accrues to him,

and (ii) he has, in accordance with such regulations as the Board

may prescribe, registered at an employment office; and (2) a "day

of sickness", with respect to any employee, means a calendar day on

which because of any physical, mental, psychological, or nervous

injury, illness, sickness, or disease he is not able to work, or,

with respect to a female employee, a calendar day on which, because

of pregnancy, miscarriage, or the birth of a child, (i) she is

unable to work or (ii) working would be injurious to her health,

and with respect to which (i) no remuneration is payable or accrues

to him, and (ii) in accordance with such regulations as the Board

may prescribe, a statement of sickness is filed within such

reasonable period, not in excess of ten days, as the Board may

prescribe: Provided, however, That "subsidiary remuneration", as

hereinafter defined in this subsection, shall not be considered

remuneration for the purpose of this subsection except with respect

to an employee whose base-year compensation, exclusive of earnings

from the position or occupation in which he earned such subsidiary

remuneration, is less than an amount that is equal to 2.5 times the

monthly compensation base for months in such base year as computed

under subsection (i) of this section: Provided further, That

remuneration for a working day which includes a part of each of two

consecutive calendar days shall be deemed to have been earned on

the first of such two days, and any individual who takes work for

such working day shall not by reason thereof be deemed not

available for work on the second of such calendar days: Provided

further, That any calendar day on which no remuneration is payable

to or accrues to an employee solely because of the application to

him of mileage or work restrictions agreed upon in schedule

agreements between employers and employees or solely because he is

standing by for or laying over between regularly assigned trips or

tours of duty shall not be considered either a day of unemployment

or a day of sickness.

For the purpose of this subsection, the term "subsidiary

remuneration" means, with respect to any employee, remuneration not

in excess of an average of $15 a day for the period with respect to

which such remuneration is payable or accrues, if the work from

which the remuneration is derived (i) requires substantially less

than full time as determined by generally prevailing standards, and

(ii) is susceptible of performance at such times and under such

circumstances as not to be inconsistent with the holding of normal

full-time employment in another occupation.

(l)(1) The term "benefits" (except in phrases clearly designating

other payments) means the money payments payable to an employee as

provided in this chapter, with respect to his unemployment or

sickness.

(2) The term "statement of sickness" means a statement with

respect to days of sickness of an employee, executed in such manner

and form by an individual duly authorized pursuant to section

362(i) of this title to execute such statements, and filed as the

Board may prescribe by regulations.

(m) The term "benefit year" means the twelve-month period

beginning July 1 of any year and ending June 30 of the next year,

except that a registration period beginning in June and ending in

July shall be deemed to be in the benefit year ending in such month

of June.

(n) The term "base year" means the completed calendar year

immediately preceding the beginning of the benefit year.

(o) The term "employment office" means a free employment office

operated by the Board, or designated as such by the Board pursuant

to section 362(i) of this title.

(p) The term "account" means the railroad unemployment insurance

account established pursuant to section 360 of this title in the

unemployment trust fund.

(q) The term "fund" means the railroad unemployment insurance

administration fund, established pursuant to section 361 of this

title in the unemployment trust fund.

(r) The term "Board" means the Railroad Retirement Board.

(s) The term "United States", when used in a geographical sense,

means the States and the District of Columbia.

(t) The term "State" means any of the States or the District of

Columbia.

(u) Any reference in this chapter to any other Act of Congress,

including such reference in amendments to other Acts, includes a

reference to such other Act as amended from time to time.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 1, 52 Stat. 1094; June 20, 1939, ch.

227, Secs. 1-6, 20, 53 Stat. 845, 848; Aug. 13, 1940, ch. 664,

Secs. 1, 3, 54 Stat. 785, 786; Oct. 10, 1940, ch. 842, Secs. 2-8,

54 Stat. 1094, 1095; Apr. 8, 1942, ch. 227, Sec. 15, 56 Stat. 210;

July 31, 1946, ch. 709, Secs. 1, 2, 301-304, 60 Stat. 722, 735,

736; Oct. 30, 1951, ch. 632, Sec. 26, 65 Stat. 691; Aug. 31, 1954,

ch. 1164, pt. III, Secs. 301-303, 68 Stat. 1041; Pub. L. 85-927,

pt. II, Sec. 201, Sept. 6, 1958, 72 Stat. 1782; Pub. L. 86-28, pt.

III, Sec. 301, May 19, 1959, 73 Stat. 30; Pub. L. 89-700, title II,

Sec. 201, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257, title II,

Sec. 201, Feb. 15, 1968, 82 Stat. 23; Pub. L. 90-624, Sec. 3, Oct.

22, 1968, 82 Stat. 1316; Pub. L. 94-92, title I, Sec. 1(a), (b),

Aug. 9, 1975, 89 Stat. 461; Pub. L. 98-76, title IV, Secs. 402(b),

403(b), 411(a)(1), title V, Sec. 503(b), Aug. 12, 1983, 97 Stat.

434, 436, 441; Pub. L. 100-647, title VII, Secs. 7101(a), (b),

7203(a), Nov. 10, 1988, 102 Stat. 3757, 3758, 3776; Pub. L. 104-88,

title III, Sec. 324(1), (2), Dec. 29, 1995, 109 Stat. 950.)

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in subsecs. (a) and (f), is

act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is

classified principally to chapter 8 (Sec. 151 et seq.) of this

title. For complete classification of this Act to the Code, see

section 151 of this title and Tables.

The Railroad Retirement Act, referred to in subsec. (g), probably

means the Railroad Retirement Act of 1937, act Aug. 29, 1935, ch.

812, as amended generally by act June 24, 1937, ch. 382, part I, 50

Stat. 307, which was classified principally to subchapter III (Sec.

228a et seq.) of chapter 9 of this title. The Railroad Retirement

Act of 1937 was amended generally and redesignated the Railroad

Retirement Act of 1974 by Pub. L. 93-445, title I, Oct. 16, 1974,

88 Stat. 1305. The Railroad Retirement Act of 1974 is classified

generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of this

title. For complete classification of these Acts to the Code, see

Tables.

The Regional Rail Reorganization Act of 1973, referred to in

subsec. (i)(1), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as

amended. Section 701 of title VII of the Regional Rail

Reorganization Act of 1973 [45 U.S.C. 797] was repealed by Pub. L.

99-509, title IV, Sec. 4024(c), Oct. 21, 1986, 100 Stat. 1904,

effective on the sale date (Apr. 2, 1987). Title VII of the

Regional Rail Reorganization Act of 1973 is classified generally to

subchapter VII (Sec. 797 et seq.) of chapter 16 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 701 of this title and Tables.

-MISC1-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-88, Sec. 324(1), substituted

"Surface Transportation Board is hereby authorized and directed

upon request of the Railroad Retirement Board" for "Interstate

Commerce Commission is hereby authorized and directed upon request

of the Board".

Subsec. (b). Pub. L. 104-88, Sec. 324(2), added subsec. (b) and

struck out former subsec. (b) which read as follows: "The term

'carrier' means an express company, sleeping-car company, or

carrier by railroad, subject to part I of the Interstate Commerce

Act."

1988 - Subsec. (i). Pub. L. 100-647, Sec. 7101(a), designated

existing provisions as par. (1), inserted par. heading, substituted

", except that in computing the compensation paid to any employee,

no part of any month's compensation in excess of the monthly

compensation base (as defined in subdivision (2)) for any month

shall be recognized" for ": Provided, however, That in computing

the compensation paid to any employee, no part of any month's

compensation in excess of $300 for any month before July 1, 1954,

or in excess of $350 for any month after June 30, 1954, and before

the calendar month next following the month in which this chapter

was amended in 1959, or in excess of $400 for any month after the

month in which this chapter was so amended and before January 1984,

or in excess of $600 for any month after 1983, shall be

recognized", and added par. (2).

Subsec. (k). Pub. L. 100-647, Sec. 7203(a), which directed

amendment of second par. of subsec. (k) by substituting "$15" for

"$10", was executed by making the substitution for "ten dollars" as

the probable intent of Congress.

Pub. L. 100-647, Sec. 7101(b), substituted "an amount that is

equal to 2.5 times the monthly compensation base for months in such

base year as computed under subsection (i) of this section" for

"$1,500".

1983 - Subsec. (i). Pub. L. 98-76, Sec. 503(b), inserted "and

before January 1984, or in excess of $600 for any month after

1983".

Pub. L. 98-76, Sec. 403(b), inserted after first sentence "Solely

for the purpose of determining the compensation received by an

employee in a base year, the term 'compensation' shall include any

separation allowance or subsistence allowance paid under any

benefit schedule provided under section 701 of title VII of the

Regional Rail Reorganization Act of 1973 and any termination

allowance paid under section 702 of that Act, but does not include

any other benefits payable under that title. The total amount of

any subsistence allowance payable under a benefit schedule provided

pursuant to section 701 of the Regional Rail Reorganization Act of

1973 shall be considered as being compensation in the month in

which the employee first timely filed a claim for such an

allowance."

Subsec. (j). Pub. L. 98-76, Sec. 402(b), struck out "(i) the

voluntary payment by another, without deduction from the pay of an

employee, of any tax or contribution now or hereafter imposed with

respect to the remuneration of such employee, or (ii)" after "

'remuneration' does not include".

Subsec. (k). Pub. L. 98-76, Sec. 411(a)(1), substituted "$1,500"

for "$1,000".

1975 - Subsec. (h). Pub. L. 94-92, Sec. 1(a), inserted "for a

period of continuing sickness (as defined in section 352(a) of this

title)" after "a statement of sickness" wherever appearing and

incorporated "and ends with the thirteenth day thereafter" in

provision reading "and ends with whichever is the earlier of (i)

the thirteenth day thereafter," and inserted cl. (ii) thereafter.

Subsec. (k). Pub. L. 94-92, Sec. 1(b), substituted in second

sentence "ten" for "three" dollars.

1968 - Subsec. (i). Pub. L. 90-624 excluded remuneration for

services performed by nonresident alien individuals temporarily in

the United States as participants in a cultural exchange or

training program.

Subsec. (k). Pub. L. 90-257, Sec. 201(a), amended definitions of

"day of sickness" so as to remove reference to a day in a maternity

period and inserted references to a day of sickness for female

employees when, because of pregnancy, miscarriage, or the birth of

a child, she is unable to work or working is injurious to her

health and raised from $750 to $1,000 the amount specified in the

subsidiary remuneration provision.

Subsec. (l). Pub. L. 90-257, Sec. 201(b), redesignated subsec.

(l) defining "benefits" as subsec. (l)(1). Former subsec. (l)(1)

redesignated (l)(2).

Subsec. (l)(1). Pub. L. 90-257, Sec. 201(b), redesignated as

subsec. (l)(1) former subsec. (l) defining "benefits".

Subsec. (l)(2). Pub. L. 90-257, Sec. 201(b), redesignated as

subsec. (l)(2) former subsec. (l)(1) defining "statement of

sickness" and struck out reference to statement of maternity

sickness. Former subsec. (l)(2) defining "maternity period" was

struck out.

1966 - Subsec. (i). Pub. L. 89-700, Sec. 201(a), substituted

"section 356 of this title" for "section 358 of this title."

Subsec. (k). Pub. L. 89-700, Sec. 201(b), substituted "$750" for

"500".

Subsecs. (s), (t). Pub. L. 89-700, Sec. 201(c), struck out ",

Alaska, Hawaii," after "States".

1959 - Subsec. (i). Pub. L. 86-28, Sec. 301(a), increased, for

any month after May 1959, from $350 to $400 the maximum amount of

monthly compensation to be used in computing benefits.

Subsec. (k). Pub. L. 86-28, Sec. 301(b), substituted "$500" for

"$400".

1958 - Subsec. (k). Pub. L. 85-927, Sec. 201(a), substituted

"first" for "second" and "second" for "first" in second proviso of

first paragraph, and substituted "three dollars" for "one dollar"

in second paragraph.

Subsec. (q). Pub. L. 85-927, Sec. 201(b), inserted "in the

unemployment trust fund".

1954 - Subsec. (g). Act Aug. 31, 1954, Sec. 301, provided that

compensation for service by an individual as a delegate to a

convention of a national railway labor organization shall be

disregarded in determining eligibility for benefits, if he has no

previous creditable service.

Subsec. (i). Act Aug. 31, 1954, Sec. 302, increased, after June

30, 1954, from $300 to $350 the maximum amount of monthly

compensation to be used in computing benefits.

Subsec. (k). Act Aug. 31, 1954, Sec. 303 (part), substituted

"$400" for "$150".

1951 - Subsec. (k). Act Oct. 30, 1951, inserted last proviso of

first par.

1946 - Subsec. (e). Act July 31, 1946, Sec. 1, changed opening

par. to include professional or technical services when integrated

into staff of employer or other personal services the rendition of

which is integrated into the employer's operations and added clause

at end of first proviso excluding compensation of less than 10% of

remuneration.

Subsec. (h). Act July 31, 1946, Sec. 301, changed definition of

registration period to cover days of sickness as well as days of

unemployment.

Subsec. (i). Act July 31, 1946, Sec. 2, changed definition of

compensation to remuneration "paid" instead of "payable" and

inserted provisions relating to presumption that a payment is

compensation; payments for time lost and with respect to personal

injury; and payments after the end of a calendar year earned during

that year.

Subsec. (j). Act July 31, 1946, Sec. 302, inserted reference to

maternity insurance and sickness insurance.

Subsec. (k)(2). Act July 31, 1946, Sec. 303, inserted cl. (2)

defining day of sickness.

Subsec. (l). Act July 31, 1946, Sec. 304, expanded definition of

benefits to include payment with respect to sickness and added

pars. (1) and (2), defining statement of sickness, statement of

maternity sickness, and maternity period.

1942 - Subsec. (e). Act Apr. 8, 1942, amended first proviso.

1940 - Subsec. (a). Act Aug. 13, 1940, Sec. 1, excluded from

definition of employer companies engaged in mining coal, supplying

coal not beyond the mine tipple, and the operation of equipment or

facilities therefor.

Subsec. (d). Act Aug. 13, 1940, Sec. 3, excluded from definition

of employee individuals engaged in mining coal, preparation of

coal, handling (other than rail movement by standard locomotives)

of coal not beyond the mine tipple, or the loading of coal at the

tipple.

Subsec. (l). Act Oct. 10, 1940, Sec. 6, redesignated subsec. (m)

as (l). Former subsec. (l) redesignated (n) by act Oct. 10, 1940,

Sec. 8.

Subsec. (m). Act Oct. 10, 1940, Sec. 7, redesignated subsec. (n)

as (m). Former subsec. (m) redesignated (l) by act Oct. 10, 1940,

Sec. 6.

Subsec. (n). Act Oct. 10, 1940, Sec. 8, redesignated former

subsec. (l) as (n), and amended provisions generally. Former

subsec. (n) redesignated (m) by act Oct. 10, 1940, Sec. 7.

Subsec. (g). Act Oct. 10, 1940, Sec. 2, inserted provisions

relating to employment after June 30, 1940, in service of a local

lodge, etc.

Subsec. (h). Act Oct. 10, 1940, Sec. 3, substituted provisions

defining "registration period" for provisions defining "half

month".

Subsec. (j). Act Oct 10, 1940, Sec. 4, inserted provisions

relating to earned income other than for services for hire to

definition of "remuneration".

Subsec. (k). Act Oct. 10, 1940, Sec. 5, inserted in cl. (i)

"accrues" after "or", inserted provisions relating to "subsidiary

remuneration", and substituted provisions relating to working days

which include part of each of two consecutive calendar days, for

provisions relating to work shifts which include part of two

consecutive calendar days.

1939 - Subsec. (d). Act June 20, 1939, Sec. 1, designated second

paragraph as subsec. (e).

Subsec. (e). Act June 20, 1939, Secs. 1, 2, designated second

paragraph of subsec. (d) as (e) and inserted proviso relating to an

individual not deemed a citizen or resident of the United States.

Former subsec. (e) redesignated (f).

Subsec. (f). Act June 20, 1939, Secs. 2, 3, redesignated former

subsec. (e) as (f). Former subsec. (f), which defined "part-time

worker", was struck out.

Subsec. (h). Act June 20, 1939, Sec. 4, substituted provisions

authorizing Board to define "half-month" for provisions defining

"half-month" as a period of any fifteen consecutive days, with no

day to be included in more than one period for any individual.

Subsec. (i). Act June 20, 1939, Sec. 5, struck out comma after

"money".

Subsec. (k). Act June 20, 1939, Sec. 6, struck out proviso

relating to calendar days for part-time workers.

Subsec. (n). Act June 20, 1939, Sec. 20, inserted provisions

relating to inclusion within "benefit year" half-months containing

days of unemployment.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7101(f) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section and sections 352, 354,

and 362 of this title] shall take effect upon the date of the

enactment of this Act [Nov. 10, 1988]."

Section 7203(b) of Pub. L. 100-647 provided that: "The amendment

made by this section [amending this section] shall take effect on

July 1, 1988."

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 402(b) of Pub. L. 98-76 applicable to

compensation paid for services rendered after June 30, 1983, see

section 402(c) of Pub. L. 98-76, set out as a note under section

231 of this title.

Amendment by section 403(b) of Pub. L. 98-76 effective Aug. 13,

1981, see section 403(c) of Pub. L. 98-76, set out as a note under

section 231 of this title.

Section 411(b) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section and sections 353 and

354 of this title] shall apply to compensation paid for services

rendered after December 31, 1983."

Section 503(c) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section and section 358 of this

title] shall apply to compensation paid for services rendered after

December 31, 1983."

EFFECTIVE DATE OF 1975 AMENDMENT

Section 2 of Pub. L. 94-92 provided that:

"(a) The amendment made by section 1(a) of this Act [amending

this section] shall be effective with respect to days of sickness

in registration periods beginning after June 30, 1975.

"(b) The amendment with respect to qualifying conditions made by

section 1(f) [amending section 353 of this title] shall be

effective for services rendered after December 31, 1973.

"(c) The amendments made by sections 1(b), 1(c), and 1(d)(1) of

this Act [amending this section and section 352 of this title]

shall be effective with respect to days of unemployment and days of

sickness in registration periods beginning after June 30, 1975:

Provided, however, That the amount of benefits paid for days of

unemployment or days of sickness in a registration period beginning

after June 30, 1975, and prior to the date of enactment of this Act

[Aug. 9, 1975] shall, if paid to an employee who is covered by a

nongovernmental plan for unemployment or sickness insurance and who

has been paid benefits under such plan for one or more days within

the registration period, be reduced by the amount, if any, by which

the benefits paid to him under the nongovernmental plan would have

been reduced if this Act [amending this section, sections 231m,

352, 353, 358, 360, 361 of this title, and sections 1402 and 3231

of Title 26, Internal Revenue Code, and enacting provisions set out

as notes under this section and sections 231 and 231m of this

title, and section 1402 of Title 26] had been enacted prior to July

1, 1975, so that the employee will receive, the full amount of the

combined benefits that he would have received under the Railroad

Unemployment Insurance Act [this chapter] and the nongovernmental

plan if the benefit increases provided by this Act had been enacted

prior to said date. The amount of each such reduction in the

benefits paid under the amendment made by section 1(c)(2) of this

Act [amending section 352 of this title] shall be paid over by the

Board to the insurer of the nongovernmental plan or to the employer

if a self-insurer. Reductions in benefits and payments to insurers

and employers hereunder shall be made on claims filed with the

Board by such insurers and employers within thirty days after the

date of enactment of this Act [Aug. 9, 1975].

"(d) The amendments made by sections 1(d)(2) and 1(e) of this Act

[amending section 352 of this title] shall be effective with

respect to days of unemployment in registration periods beginning

after June 30, 1975.

"(e) The amendments made by sections 1(g), 1(h), 1(i)(1), and

1(j) of this Act [amending sections 358, 360, and 361 of this

title] shall be effective with respect to compensation paid for

services rendered after December 31, 1975.

"(f) The amendment made by section 1(i)(2) of this Act [amending

section 360 of this title] shall be effective on the date of

enactment of this Act [Aug. 9, 1975]."

EFFECTIVE DATE OF 1968 AMENDMENTS

Section 4(b) of Pub. L. 90-624 provided that: "The amendments

made by section 3 [amending this section] shall apply with respect

to service performed after December 31, 1967."

Amendment by section 201(a)(1) of Pub. L. 90-257 effective as of

July 1, 1968, and amendment by section 201(a)(2) of Pub. L. 90-257

effective with respect to base years beginning in calendar years

after December 31, 1966, see section 208 of Pub. L. 90-257, set out

as a note under section 352 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 309 of Pub. L. 86-28 provided that: "The amendments made

by section 301(b) [amending this section] shall be effective with

respect to days in registration periods beginning after June 30,

1959. The amendments made by sections 302, 303(a), and 305

[amending sections 352 and 354 of this title] shall be effective

with respect to benefits accruing in general benefit years which

begin after the benefit year ending June 30, 1958, and in extended

benefit periods which begin after December 31, 1957. The amendment

made by section 304 [amending section 353 of this title] shall be

effective with respect to base years after the base year ending

December 31, 1957. The amendments made by clauses (4) and (5) of

section 306 [amending section 358 of this title, increasing the

contribution rates for compensation paid after May, 1959] and

clause (1) of section 307 [amending section 358 of this title,

increasing the contribution rate from 3 to 3 3/4 percent] shall be

effective as of the first day of the calendar month next following

the month in which this Act was enacted [May, 1959], and shall

apply only with respect to compensation paid for services rendered

in calendar months after the month in which this Act was enacted

[May, 1959]."

EFFECTIVE DATE OF 1958 AMENDMENT

Section 207 of Pub. L. 85-927 provided that:

"(a) The amendments made by section 201(a) [amending this

section] shall be effective with respect to registration periods in

benefit years after the benefit year ending on June 30, 1958.

"(b) The amendments made by section 202 [amending section 354 of

this title] shall be effective with respect to days in benefit

years after the benefit year ending on June 30, 1958.

"(c) The remaining amendments made by this part [amending this

section, sections 358, 361, 362 of this title, and section 1104 of

Title 42, The Public Health and Welfare] shall be effective, except

as otherwise indicated therein, on the date of the enactment of

this Act [Sept. 6, 1958]."

EFFECTIVE DATE OF 1954 AMENDMENT

Sections 401 and 402 of act Aug. 31, 1954, provided that:

"Sec. 401. The amendments made by this Act [enacting section

228s-1 of this title, amending this section, sections 228a, 228b,

228c, 228e, 352, 353, and 358 of this title, sections 3201, 3202,

3211, 3221, and 3231 of Title 26, Internal Revenue Code, and

sections 1500, 1501, 1510, 1520, 1532 of the Internal Revenue Code

of 1939] shall be effective July 1, 1954, except as otherwise

provided.

"Sec. 402. The provisions of sections 1, 205, and 301 of this Act

[amending this section, section 228a of this title, and section

1532 of the Internal Revenue Code of 1939] shall be effective with

respect to compensation paid on and after April 1, 1954."

EFFECTIVE DATE OF 1951 AMENDMENT

Section 28 of act Oct. 30, 1951, provided that: "The provisions

of sections 26 and 27 of the Act [amending sections 350 and 354 of

this title] shall become effective with respect to registration

periods beginning on and after January 1, 1952."

EFFECTIVE DATE OF 1946 AMENDMENTS

Amendment by sections 1 and 2 of act July 31, 1946, effective

July 31, 1946, see section 401 of act July 31, 1946.

Amendment by sections 301 to 304 of act July 31, 1946, effective

as of July 1, 1947, see section 403 of act July 31, 1946, set out

as a note under section 352 of this title.

EFFECTIVE DATE OF 1942 AMENDMENT

Act Apr. 8, 1942, besides amending subsec. (e) of this section,

contained the following paragraph: "The amendment in this section

shall operate in the same manner and have the same effect as if it

had been part of the Railroad Unemployment Insurance Act [this

chapter] when that Act was enacted on June 25, 1938: Provided,

however, That no interest or penalties shall accrue or be deemed to

have accrued for the failure to make returns under, or pay

contributions levied by, section 8 of said Railroad Unemployment

Insurance Act [section 358 of this title] with respect to the

compensation of employees of any local lodge or division of a

railway-labor-organization employer earned prior to July 1, 1940,

and with respect to the compensation of employees of any general

committee of a railway-labor-organization employer earned prior to

the enactment of this amendment if, with respect to any such local

lodge or division (1) the headquarters of such a local lodge or

division was not located in the United States or (2) all, or

substantially all, the individuals constituting the membership of

such a local lodge or division were employees of an employer not

conducting the principal part of its business in the United States;

and if, with respect to any such general committee (1) the

individuals represented by such a general committee were employees

of an employer not conducting the principal part of its business in

the United States, or (2) the service to such a general committee

was rendered outside the United States, or (3) the office or

headquarters of the individual rendering service to such a general

committee was not located in the United States and if such returns

are made and such contributions are paid by such a local lodge or

division or by such a general committee within the time allowed for

making returns and paying contributions with respect to the first

calendar quarter beginning after the enactment of this amendment."

EFFECTIVE DATE OF 1940 AMENDMENT

Section 1 of act Oct. 10, 1940, provided: "That the provisions of

this act [amending this section, sections 228a, 228i, 352 to 355,

356, 361, and 362 of this title, and section 1532 of former Title

26, Internal Revenue Code of 1939, and enacting provisions set out

as notes under this section and section 262 of this title] shall

take effect on November 1, 1940, except that sections 2, 11, 25,

26, and 27 [amending sections 228a, 228i, 351, and 352 of this

title and section 1532 of former Title 26 and enacting provisions

set out as a note under section 262 of this title] shall be

effective as of July 1, 1940, and sections 19 and 20 [amending

section 355 of this title] shall become effective upon the approval

of this act: Provided, however, That -

"(a) A half-month which has begun prior to November 1, 1940, in

accordance with the Railroad Unemployment Insurance Act [this

chapter] and regulations thereunder, and which includes such date,

shall continue, and benefits with respect thereto shall be computed

and paid as if this act had not been enacted;

"(b) All benefit years current on October 31, 1940, shall

terminate (1) on October 31, 1940, or (2) on the last day of a

half-month which includes October 31, 1940 and November 1, 1940,

whichever is later, and, for the purposes of section 2(c) of the

Railroad Unemployment Insurance Act [section 352(c) of this title],

as amended by this act, all benefits paid for unemployment in

half-months begun subsequent to June 30, 1940, and prior to

November 1, 1940, shall be deemed to have been paid for

unemployment within the benefit year ending June 30, 1941;

"(c) Benefits for unemployment in the first registration period,

beginning after October 31, 1940, of an employee who has,

subsequent to June 30, 1940, completed a waiting period under

section 3(b) of the Railroad Unemployment Insurance Act [section

353(b) of this title], shall be determined and computed as though

such registration period were a subsequent registration period in

the same benefit year."

EXCLUSION FROM WAGES AND COMPENSATION OF REFUNDS REQUIRED FROM

EMPLOYERS TO COMPENSATE FOR DUPLICATION OF MEDICARE BENEFITS BY

HEALTH CARE BENEFITS PROVIDED BY EMPLOYERS

For purposes of this chapter, the term "compensation" shall not

include the amount of any refund required under section 421 of Pub.

L. 100-360 [42 U.S.C. 1395b note], see section 10202 of Pub. L.

101-239, set out as a note under section 1395b of Title 42, The

Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 352, 353, 354, 358, 362

of this title; title 26 sections 3306, 3322.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 352 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 352. Benefits

-STATUTE-

(a) Days for which benefits payable; determination of amount

(1)(A) Payment of Unemployment Benefits. -

(i) Generally. - Except as otherwise provided in this

subparagraph, benefits shall be payable to any qualified employee

for each day of unemployment in excess of 4 during any

registration period within a period of continuing unemployment.

(ii) Waiting period for first registration period. - Benefits

shall be payable to any qualified employee for each day of

unemployment in excess of 7 during that employee's first

registration period in a period of continuing unemployment if

such period of continuing unemployment is the employee's initial

period of continuing unemployment commencing in the benefit year.

(iii) Strikes. -

(I) Initial 14-day waiting period. - If the Board finds that

a qualified employee has a period of continuing unemployment

that includes days of unemployment due to a stoppage of work

because of a strike in the establishment, premises, or

enterprise at which such employee was last employed, no

benefits shall be payable for such employee's first 14 days of

unemployment due to such stoppage of work.

(II) Subsequent days of unemployment. - For subsequent days

of unemployment due to the same stoppage of work, benefits

shall be payable as provided in clause (i) of this

subparagraph.

(III) Subsequent periods of continuing unemployment. - If

such period of continuing unemployment ends by reason of clause

(v) but the stoppage of work continues, the waiting period

established in clause (ii) shall apply to the employee's first

registration period in a new period of continuing unemployment

based upon the same stoppage of work.

(iv) Definition of period of continuing unemployment. - Except

as limited by clause (v), for the purposes of this subparagraph,

the term "period of continuing unemployment" means -

(I) a single registration period that includes more than 4

days of unemployment;

(II) a series of consecutive registration periods, each of

which includes more than 4 days of unemployment; or

(III) a series of successive registration periods, each of

which includes more than 4 days of unemployment, if each

succeeding registration period begins within 15 days after the

last day of the immediately preceding registration period.

(v) Special rule regarding end of period. - For purposes of

applying clause (ii), a period of continuing unemployment ends

when an employee exhausts rights to unemployment benefits under

subsection (c) of this section.

(vi) Limit on amount of benefits. - No benefits shall be

payable to an otherwise eligible employee for any day of

unemployment in a registration period where the total amount of

the remuneration (as defined in section 351(j) of this title)

payable or accruing to him for days within such registration

period exceeds the amount of the base year monthly compensation

base. For purposes of the preceding sentence, an employee's

remuneration shall be deemed to include the gross amount of any

remuneration that would have become payable to that employee but

did not become payable because that employee was not ready or

willing to perform suitable work available to that employee on

any day within such registration period.

(B) Payment of Sickness Benefits. -

(i) Generally. - Except as otherwise provided in this

subparagraph, benefits shall be payable to any qualified employee

for each day of sickness after the 4th consecutive day of

sickness in a period of continuing sickness but excluding 4 days

of sickness in any registration period in such period of

continuing sickness.

(ii) Waiting period for first registration period. - Benefits

shall be payable to any qualified employee for each day of

sickness in excess of 7 during that employee's first registration

period in a period of continuing sickness if such period of

continuing sickness is the employee's initial period of

continuing sickness commencing in the benefit year. For the

purposes of this clause, the first registration period in a

period of continuing sickness is that registration period that

first begins with 4 consecutive days of sickness and includes

more than 4 days of sickness.

(iii) Definition of period of continuing sickness. - For the

purposes of this subparagraph, a period of continuing sickness

means -

(I) a period of consecutive days of sickness, whether from 1

or more causes; or

(II) a period of successive days of sickness due to a single

cause without interruption of more than 90 consecutive days

which are not days of sickness.

(iv) Special rule regarding end of period. - For purposes of

applying clause (ii), a period of continuing sickness ends when

an employee exhausts rights to sickness benefits under subsection

(c) of this section.

(2) The daily benefit rate with respect to any such employee for

such day of unemployment or sickness shall be in an amount equal to

60 per centum of the daily rate of compensation for the employee's

last employment in which he engaged for an employer in the base

year, but not less than $12.70: Provided, however, That for

registration periods beginning after June 30, 1975, but before July

1, 1976, such amount shall not exceed $24 per day of such

unemployment or sickness, that for registration periods beginning

after June 30, 1976, but before July 1, 1988, such amount shall not

exceed $25 per day of such unemployment or sickness, that for

registration periods beginning after June 30, 1988, but before July

1, 1989, such amount shall not exceed $30 per day of unemployment

or sickness, and that for registration periods beginning after June

30, 1989, such amount shall not exceed the maximum daily benefit

rate provided in paragraph (3) of this subsection. The daily rate

of compensation referred to in this paragraph shall be determined

by the Board on the basis of information furnished to the Board by

the employee, his employer, or both.

(3) The maximum daily benefit rate computed by the Board under

section 362(r)(2) of this title shall be the product of the monthly

compensation base, as computed under section 351(i)(2) of this

title for the base year immediately preceding the beginning of the

benefit year, multiplied by 5 percent. If the maximum daily benefit

rate so computed is not a multiple of $1, it shall be rounded down

to the nearest multiple of $1.

(4) In computing benefits to be paid, days of unemployment shall

not be combined with days of sickness in the same registration

period.

(b) Time of payments

The benefits provided for in this section shall be paid to an

employee at such reasonable intervals as the Board may prescribe.

(c) Maximum number of days for benefits

(1) Normal benefits

(A) Generally

The maximum number of days of unemployment within a benefit

year for which benefits may be paid to an employee shall be

130, and the maximum number of days of sickness within a

benefit year for which benefits may be paid to an employee

shall be 130.

(B) Limitation

The total amount of benefits that may be paid to an employee

for days of unemployment within a benefit year shall in no case

exceed the employee's compensation in the base year; and the

total amount of benefits that may be paid to an employee for

days of sickness within a benefit year shall in no case exceed

the employee's compensation in the base year, except that

notwithstanding section 351(i) of this title, in determining

the employee's compensation in the base year for the purpose of

this sentence, any money remuneration paid to the employee for

services rendered as an employee shall be taken into account

that is not in excess of an amount that bears the same ratio to

$775 as the monthly compensation base for that year as computed

under section 351(i) of this title bears to $600.

(2) Extended benefits

(A) Generally

With respect to an employee who has 10 or more years of

service as defined in section 231(f) of this title, who did not

voluntarily retire and (in a case involving exhaustion of

rights to normal benefits for days of unemployment) did not

voluntarily leave work without good cause, and who had current

rights to normal benefits for days of unemployment or days of

sickness in a benefit year but has exhausted such rights, the

benefit year in which such rights are exhausted shall be deemed

not to be ended until the last day of the extended benefit

period determined under this paragraph, and extended

unemployment benefits or extended sickness benefits (depending

on the type of normal benefit rights exhausted) may be paid for

not more than 65 days of unemployment or 65 days of sickness

within such extended benefit period.

(B) Beginning date

An employee's extended benefit period shall begin on the

employee's first day of unemployment or first day of sickness,

as the case may be, following the day on which the employee

exhausts the employee's then current rights to normal benefits

for days of unemployment or days of sickness and shall continue

for 7 consecutive 14-day periods, each of which shall

constitute a registration period, but no such extended benefit

period shall extend beyond the beginning of the first

registration period in a benefit year in which the employee is

again qualified for benefits in accordance with section 353 of

this title on the basis of compensation earned after the first

of such consecutive 14-day periods has begun.

(C) Termination when employee reaches age of 65

Notwithstanding any other provision of this paragraph, an

extended benefit period for sickness benefits shall terminate

on the day next preceding the date on which the employee

attains age 65, except that it may continue for the purpose of

paying benefits for days of unemployment.

(3) Accelerated benefits

(A) General rule

With respect to an employee who has 10 or more years of

service as defined in section 231(f) of this title, who did not

voluntarily retire, and (in a case involving unemployment

benefits) did not voluntarily leave work without good cause,

who has 14 or more consecutive days of unemployment, or 14 or

more consecutive days of sickness, and who is not a qualified

employee with respect to the general benefit year current when

such unemployment or sickness commences but is or becomes a

qualified employee for the next succeeding general benefit

year, such succeeding general benefit year shall, in that

employee's case, begin on the first day of the month in which

such unemployment or sickness commences.

(B) Exception

In the case of a succeeding benefit year beginning in

accordance with subparagraph (A) by reason of sickness, such

sentence shall not operate to permit the payment of benefits in

the period provided for in such sentence for any day of

sickness beginning with the date on which the employee attains

age 65, and continuing through the day preceding the first day

of the next succeeding general benefit year.

(C) Determination of age

For the purposes of this subsection, the Board may rely on

evidence of age available in its records and files at the time

determinations of age are made.

(d) Overpayment of benefits; recovery; liability of officers

If the Board finds that at any time more than the correct amount

of benefits has been paid to any individual under this chapter or a

payment has been made to an individual not entitled thereto

(including payments made prior to July 1, 1940), recovery by

adjustments in subsequent payments to which such individual is

entitled under this chapter or any other Act administered by the

Board may, except as otherwise provided in this subsection, be made

under regulations prescribed by the Board. If such individual dies

before recovery is completed, recovery may be made by set-off or

adjustments, under regulations prescribed by the Board, in

subsequent payments due, under this chapter or any other Act

administered by the Board, to the estate, designee, next of kin,

legal representative, or surviving spouse of such individual, with

respect to the employment of such individual.

Adjustments under this subsection may be made either by

deductions from subsequent payments or, with respect to payments

which are to be made during a lifetime or lifetimes, by subtracting

the total amount of benefits paid in excess of the proper amount

from the actuarial value, as determined by the Board, of such

payments to be made during a lifetime or lifetimes and recertifying

such payments on the basis of the reduced actuarial value. In the

latter case, recovery shall be deemed to have been completed upon

such recertification.

There shall be no recovery in any case in which more than the

correct amount of benefits has been paid to an individual or

payment has been made to an individual not entitled thereto

(including payments made prior to July 1, 1940) who, in the

judgment of the Board, is without fault when, in the judgment of

the Board, recovery would be contrary to the purpose of this

chapter or would be against equity or good conscience.

No certifying or disbursing officer shall be held liable for any

amount certified or paid by him in good faith to any person where

the recovery of such amount is waived under the third paragraph of

this subsection or has been begun but cannot be completed under the

first paragraph of this subsection.

(e) Assignment, taxation, garnishment, attachment, etc., of

benefits

Notwithstanding any other law of the United States, or of any

State, Territory, or the District of Columbia, no benefits shall be

assignable or be subject to any tax or to garnishment, attachment,

or other legal process under any circumstances whatsoever, nor

shall the payment thereof be anticipated.

(f) Effect of payment of benefits for remunerable period; payment

of surplus remuneration to Board

If (i) benefits are paid to any employee with respect to

unemployment or sickness in any registration period, and it is

later determined that remuneration is payable to such employee with

respect to any period which includes days in such registration

period which had been determined to be days of unemployment or

sickness, and (ii) the person or company from which such

remuneration is payable has, before payment thereof, notice of the

payment of benefits upon the basis of days of unemployment or

sickness included in such period, the remuneration so payable shall

not be reduced by reason of such benefits but the remuneration so

payable, to the extent to which benefits were paid upon the basis

of days which had been determined to be days of unemployment or

sickness and which are included in the period for which such

remuneration is payable, shall be held to be a special fund in

trust for the Board. The amount of such special fund shall be paid

to the Board and in the collection thereof the Board shall have the

same authority, and the same penalties shall apply, as are provided

in section 358 of this title with respect to contributions. The

proceeds of such special fund shall be credited to the account.

Such benefits, to the extent that they are represented in such a

special fund which has been collected by the Board, shall be

disregarded for the purposes of subsection (c) of this section.

(g) Payment of accrued benefits upon death

Benefits accrued to an individual but not yet paid at death

shall, upon certification by the Board, be paid, without necessity

of filing further claims therefor, to the same individual or

individuals to whom any accrued annuities under section 231e(a)(1)

of this title are paid. In the event that no such accrued annuities

are paid, and if application for such accrued benefits is filed

prior to the expiration of two years after the death of the

individual to whom such benefits accrued, such accrued benefits

shall be paid, upon certification by the Board, to the individual

or individuals who would be entitled thereto under section

231e(a)(1) of this title if such accrued benefits were accrued

annuities. If there is no individual to whom all or any part of

such accrued benefits can be paid in accordance with the foregoing

provisions, such benefits or part thereof shall escheat to the

credit of the account.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 2, 52 Stat. 1096; June 20, 1939, ch.

227, Secs. 7-9, 21, 53 Stat. 845, 848; Oct. 10, 1940, ch. 842,

Secs. 9-12, 54 Stat. 1095, 1096; July 31, 1946, ch. 709, Secs.

305-307, 60 Stat. 736, 737; May 15, 1952, ch. 290, Sec. 1, 66 Stat.

73; Aug. 31, 1954, ch. 1164, pt. III, Sec. 304, 68 Stat. 1041; Aug.

12, 1955, ch. 869, Sec. 4, 69 Stat. 716; Pub. L. 86-28, pt. III,

Secs. 302, 303(a), May 19, 1959, 73 Stat. 30; Pub. L. 89-700, title

II, Sec. 202, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257, title

II, Sec. 202, Feb. 15, 1968, 82 Stat. 23; Pub. L. 93-445, title IV,

Sec. 401, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94-92, title I,

Sec. 1(c)-(e), Aug. 9, 1975, 89 Stat. 461, 462; Pub. L. 98-76,

title IV, Sec. 412(a), Aug. 12, 1983, 97 Stat. 436; Pub. L.

100-647, title VII, Secs. 7101(c), 7201(a), Nov. 10, 1988, 102

Stat. 3758, 3774; Pub. L. 104-88, title III, Sec. 324(3), Dec. 29,

1995, 109 Stat. 950; Pub. L. 104-251, Secs. 2-5(b), Oct. 9, 1996,

110 Stat. 3161-3165.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1)(A). Pub. L. 104-251, Sec. 2, inserted

heading and amended text generally. Prior to amendment, text read

as follows: "(A)(i) Except as otherwise provided in this

subparagraph, benefits shall be payable to any qualified employee

for each day of unemployment in excess of 4 during any registration

period.

"(ii) No benefits shall be payable for days of unemployment

during the first registration period within a benefit year in which

the employee has more than 4 days of unemployment.

"(iii) In any case in which the Board finds that an employee's

unemployment was due to a stoppage of work because of a strike in

the establishment, premises, or enterprise at which such employee

was last employed, no benefits shall be payable for the first 14

days of unemployment due to such stoppage of work. However, for

subsequent days of unemployment due to such stoppage of work,

benefits shall be payable to days in excess of 4 during any

registration period."

Subsec. (a)(1)(B). Pub. L. 104-251, Sec. 3, inserted heading and

amended text generally. Prior to amendment, text read as follows:

"(B)(i) Except as otherwise provided in this subparagraph,

benefits shall be payable to any qualified employee for each day of

sickness after the 4th consecutive day of sickness in a period of

continuing sickness but excluding 4 days of sickness in any

registration period.

"(ii) No benefits shall be payable for days of sickness in the

first registration period within a benefit year in which the

employee has both 4 consecutive days of sickness and more than 4

days of sickness.

"(iii) For the purposes of this subparagraph, a period of

continuing sickness means (I) a period of consecutive days of

sickness, whether from one or more causes, or (II) a period of

successive days of sickness due to a single cause without

interruption of more than 90 consecutive days which are not days of

sickness."

Subsec. (a)(3). Pub. L. 104-251, Sec. 4, amended par. (3)

generally. Prior to amendment, par. (3) provided the formula under

which the Board was required to compute the maximum daily benefit

rate under section 362(r)(2) of this title which could not be less

than $30.

Subsec. (c). Pub. L. 104-251, Sec. 5(a), inserted heading and

amended text generally, designating existing provisions relating to

normal benefits, extended benefits, and accelerated benefits as

pars. (1) to (3), respectively, making technical changes in pars.

(1) and (3), and in par. (2), deleting provisions which authorized

extended benefits for certain employees with less than ten years of

service as defined in section 231(f) of this title.

Subsec. (h). Pub. L. 104-251, Sec. 5(b), struck out subsec. (h),

which provided for determining extended benefit period for

employees with less than 10 years of service under former subsec.

(c).

1995 - Subsec. (h)(3). Pub. L. 104-88 substituted "Surface

Transportation Board, adjusted, as determined by the Railroad

Retirement Board" for "Interstate Commerce Commission, adjusted, as

determined by the Board".

1988 - Subsec. (a)(1). Pub. L. 100-647, Sec. 7201(a)(1), (2),

inserted "(1)" after "(a)" and substituted subpars. (A) and (B) for

"Benefits shall be payable to any qualified employee for each day

of unemployment in excess of four during any registration period:

Provided, however, That in any case in which the Board finds that

his unemployment was due to a stoppage of work because of a strike

in the establishment, premises, or enterprise at which he was last

employed, no benefits shall be payable for the first fourteen days

of unemployment due to such stoppage of work. Benefits shall be

payable to any qualified employee for each day of sickness after

the fourth consecutive day of sickness in a period of continuing

sickness, but excluding four days of sickness in any registration

period. A period of continuing sickness means (i) a period of

consecutive days of sickness, whether from one or more causes, or

(ii) a period of successive days of sickness due to a single cause

without interruption of more than ninety consecutive days which are

not days of sickness."

Subsec. (a)(2). Pub. L. 100-647, Sec. 7201(a)(3)-(6), inserted

"(2)" before "The daily benefit", substituted "sickness, that for"

for "sickness and that for", inserted "but before July 1, 1988,"

after "June 30, 1976," and inserted ", that for registration

periods beginning after June 30, 1988, but before July 1, 1989,

such amount shall not exceed $30 per day of unemployment or

sickness, and that for registration periods beginning after June

30, 1989, such amount shall not exceed the maximum daily benefit

rate provided in paragraph (3) of this subsection." after

"unemployment or sickness".

Subsec. (a)(3). Pub. L. 100-647, Sec. 7201(a)(7), added par. (3).

Subsec. (a)(4). Pub. L. 100-647, Sec. 7201(a)(8), inserted "(4)"

before "In computing benefits".

Subsec. (c). Pub. L. 100-647, Sec. 7101(c), substituted "shall be

taken into account that is not in excess of $775 in any month

before 1989 and, in any month in a base year after 1988, is not in

excess of an amount that bears the same ratio to $775 as the

monthly compensation base for that year as computed under section

351(i) of this title bears to $600" for "not in excess of $775 in

any month shall be taken into account".

1983 - Subsec. (a). Pub. L. 98-76 substituted "That in any case

in which the Board finds that his unemployment was due to a

stoppage of work because of a strike in the establishment,

premises, or enterprise at which he was last employed, no benefits

shall be payable for the first fourteen days of unemployment due to

such stoppage of work" for "That notwithstanding the provisions of

section 351(h) of this title, in any case in which the Board finds

that his unemployment was due to a stoppage of work because of a

strike in the establishment, premises, or enterprise at which he

was last employed, other than a strike subject to the

disqualification in section 354(a-2)(iii) of this title, none of

the first seven days of unemployment due to such stoppage of work

shall be included in any registration period; and subject to the

registration provisions of section 351(h) of this title, so many of

the ensuing seven consecutive calendar days during which his

unemployment continues to be caused by such stoppage of work shall

constitute a registration period, during which benefits shall be

payable for each day of unemployment".

1975 - Subsec. (a), first par. Pub. L. 94-92, Sec. 1(c)(1),

inserted proviso and definition of registration period, provided

for payment of sickness benefits after four rather than after seven

days of sickness, and inserted definition of period of continuing

sickness.

Subsec. (a), second par. Pub. L. 94-92, Sec. 1(c)(2), substituted

provisions for a daily rate of unemployment and sickness benefits,

for registration periods beginning after June 30, 1975, but before

July 1, 1976, equal to the smaller of $24 or 60 percent of the

employee's last daily rate of pay in the base period (but not less

than $12.70), and for registration periods beginning after June 30,

1976, a daily rate of $25 for prior provision for such benefits set

out in a table with ten levels of base year compensation and

corresponding daily benefit rates starting at $8.00, payable to

those with the minimum qualifying base year compensation, and

rising to a maximum of $12.70, which is reached by those who

received base year compensation totalling $4,000 or more and

prescribing a minimum daily benefit not less than the smaller of

the table maximum ($12.70) or 60 percent of the employee's last

daily rate of pay in the base period.

Subsec. (c). Pub. L. 94-92, Sec. 1(d), inserted exception

provision in first proviso and proviso respecting an employee with

less than ten years of service.

Subsec. (h). Pub. L. 94-92, Sec. 1(e), added subsec. (h).

1974 - Subsec. (c). Pub. L. 93-445, Sec. 401(a), substituted "ten

or more years of service as defined in section 231(f) of this

title" for "ten or more years of service as defined in section

228a(f) of this title" and struck out "and section 360(h) of this

title" after "For purposes of this subsection".

Subsec. (g). Pub. L. 93-445, Sec. 401(b), substituted "section

231e(a)(1) of this title" for "section 228c(f)(1) of this title" in

two places.

1968 - Subsec. (a). Pub. L. 90-257, Sec. 202(a), struck out all

references to the payment of maternity benefits, amended table of

benefit rates by striking out the line for persons in the

compensation range of $750 to $999.99 and by increasing the rates

of benefits for the remaining categories from $5.50 to $8.00, $6.00

to $8.50, $6.50 to $9.00, $7.00 to $9.50, $7.50 to $10.00, $8.00 to

$10.50, $8.50 to $11.00, $9.00 to $11.50, $9.50 to $12.00, and

$10.20 to $12.70 respectively, and raised from $10.20 to $12.70 the

maximum rate applicable if the formula of 60 per centum of the

daily rate of compensation for the employee's last employment in

which he engaged for an employer in the base year is used.

Subsec. (c). Pub. L. 90-257, Sec. 202(b), removed all references

to payment of maternity benefits, made provision for extended

sickness benefits similar to extended unemployment benefits, added

to existing provisions for the early beginning of a general benefit

year (or accelerated benefit year) in certain cases involving days

of unemployment similar provisions for a similar early beginning of

a general benefit year in certain cases involving days of sickness,

and inserted provisions dealing with the effect of the attainment

of age 65 on an employee's receipt of extended sickness benefits

and on his receipt of sickness benefits in an accelerated benefit

year and relating to the evidence of age on which the Board may

rely for purposes of determining the attainment of age 65.

1966 - Subsec. (a). Pub. L. 89-700, Sec. 202(a), struck out daily

benefit rate of $4.50 for the compensation range of $500 to $699.99

from the table, and substituted "750" for "700" in Column I.

Subsec. (g). Pub. L. 89-700, Sec. 202(b), amended subsec. (g)

generally, and among other changes, provided that if there is no

individual to whom accrued benefits can be paid, such benefits or

parts thereof shall escheat to the credit of the account.

1959 - Subsec. (a). Pub. L. 86-28, Sec. 302, substituted "for

each day of unemployment in excess of four during any registration

period, and" for "for each day of unemployment in excess of seven

during the first registration period, within a benefit year, in

which he will have had seven or more days of unemployment, and for

each day of unemployment in excess of four during any subsequent

registration period in the same benefit year, and", "60 per centum"

for "50 per centum", and "not to exceed $10.20" for "not to exceed

$8.50", and increased the daily benefit rates.

Subsec. (c). Pub. L. 86-28, Sec. 303(a), provided for an extended

benefit period with respect to employees who have ten or more years

of service, who did not voluntarily leave work without good cause

or voluntarily retire, and who have exhausted their rights to

normal benefits for days of unemployment in a benefit year.

1955 - Subsec. (e). Act Aug. 12, 1955, specified that exemption

applies to the laws of the several States, the District of

Columbia, and the Territories.

1954 - Subsec. (a). Act Aug. 31, 1954, Sec. 304(a), changed the

table of daily benefit rates and qualifying amounts of earnings in

the base year so that such rates and amounts will begin with $3.50

and $4.00, respectively, to a maximum of $8.50 for $4,000 and over,

and inserted proviso immediately after the table.

Subsec. (c). Act Aug. 31, 1954, Sec. 304(b), inserted proviso at

end.

1952 - Subsec. (a). Act May 15, 1952, substituted a new table of

daily benefit rates.

1946 - Subsec. (a). Act July 31, 1946, Sec. 305, changed first

and second pars. to include benefits for days of sickness, changed

reference to total amount of compensation payable to him in second

par. to total compensation, added new benefit rates to table for

compensation of $2,000 to $2,499.99 and $2,500 and over, and added

last two pars. relating to maternity benefits and to computation of

benefits.

Subsec. (c). Act July 31, 1946, Sec. 306, increased maximum days

of unemployment to 130 and established same maximum for days of

sickness.

Subsec. (f). Act July 31, 1946, Sec. 307, inserted references to

sickness.

1940 - Subsec. (a). Act Oct. 10, 1940, Sec. 9, designated

existing provisions as cl. (i), substituted registration period for

half-month as determining factor, added cl. (ii), and increased

total compensation amounts set out in Column I and daily benefit

amounts set out in Column II.

Subsec. (c). Act Oct. 10, 1940, Sec. 10, substituted provisions

relating to maximum number of days of unemployment within a benefit

year, for provisions relating to maximum benefits payable to an

employee within his benefit year.

Subsec. (d). Act Oct. 10, 1940, Sec. 11, substituted provisions

relating to adjustments for erroneous payments and procedure for

recovery of such payments, for provisions making applicable section

228i of this title for adjustments and recovery of erroneous

payments.

Subsec. (f). Act Oct. 10, 1940, Sec. 12, in cl. (i) substituted

provisions relating to registration periods for provisions relating

to benefits paid with respect to any period, and in text following

cl. (ii) inserted condition relating to benefits which were paid

upon the basis of days determined to be days of unemployment and

included in the period for which remuneration is payable.

1939 - Subsec. (a). Act June 20, 1939, Sec. 7, struck out

exception relating to part-time workers.

Subsec. (d). Act June 20, 1939, Secs. 8, 9, redesignated subsec.

(e) as (d). Former subsec. (d), which authorized Board to prescribe

regulations for determining amount of daily benefits and maximum

benefits during any benefit year, was struck out.

Subsec. (e). Act June 20, 1939, Sec. 9, redesignated subsec. (f)

as (e). Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Act June 20, 1939, Sec. 9, redesignated subsec

(g) as (f) and struck out reference to subsec. (a). Former subsec.

(f) redesignated (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 6 of Pub. L. 104-251 provided that: "The amendments made

by this Act [amending this section and repealing section 368 of

this title] shall take effect on the date of the enactment of this

Act [Oct. 9, 1996]."

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7201(b) of Pub. L. 100-647 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

subsection (a) [amending this section] shall take effect on the

date of the enactment of this Act [Nov. 10, 1988].

"(2) The amendments made by paragraph (2) of subsection (a) shall

apply with respect to registration periods beginning after June 30,

1988."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 412(b) of Pub. L. 98-76 provided that: "The amendment

made by this section [amending this section] shall apply with

respect to days of unemployment in registration periods beginning

after December 31, 1983."

EFFECTIVE DATE OF 1975 AMENDMENT; REDUCTION OF BENEFITS IN VIEW OF

COVERAGE UNDER NONGOVERNMENTAL PLAN; FILING CLAIMS FOR PAYMENTS TO

INSURERS AND EMPLOYERS

Amendment by section 1(c), (d)(1) of Pub. L. 94-92 effective with

respect to days of unemployment and days of sickness in

registration periods beginning after June 30, 1975, reduction of

benefits in view of coverage under nongovernmental plan, and filing

of claims for payments to insurers and employers; and amendment by

section 1(d)(2), (e) of Pub. L. 94-92 effective with respect to

days of unemployment in registration periods beginning after June

30, 1975, see section 2 of Pub. L. 94-92, set out as an Effective

Date of 1975 Amendment note under section 351 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section

603 of Pub. L. 93-445, set out as a note under section 402 of Title

42, The Public Health and Welfare.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 208 of Pub. L. 90-257 provided that: "The amendments made

by sections 201(a)(1), 201(b), 202(a)(1), 202(a)(2), 202(b)(1), 206

and 207 [amending this section and sections 351, 362, and 363 of

this title] shall be effective as of July 1, 1968. The amendments

made by sections 201(a)(2) and 203 [amending sections 351 and 353

of this title] shall be effective with respect to base years

beginning in calendar years after December 31, 1966, except that

with respect to the base year in calendar year 1967 the amendments

made by section 203 [amending section 353 of this title] shall not

be applicable to an employee whose compensation with respect to

that base year was not less than $750 but less than $1,000;

further, as to such an employee, the amendments made by section

202(a)(3) [amending this section] shall not be applicable with

respect to days of unemployment and days of sickness in

registration periods in the benefit year beginning July 1, 1968.

The amendments made by section 202(a)(3) [amending this section]

shall otherwise be effective with respect to days of unemployment

and days of sickness in registration periods beginning on or after

July 1, 1968. The amendments made by sections 202(b)(2)(i) through

(vi) [amending this section] shall be effective to provide the

beginning of extended benefit periods on or after July 1, 1968. The

amendments made by section 202(b)(2)(vii) through (ix) [amending

this section] shall be effective to provide for the early beginning

of a benefit year on or after July 1, 1967. The amendment made by

section 204(a) [amending section 354 of this title] shall be

effective with respect to calendar days in benefit years beginning

after June 30, 1968, and the amendment made by section 204(b)

[amending section 354 of this title] shall be effective with

respect to voluntary leaving of work (within the meaning of section

4(a-2)(i) of the Railroad Unemployment Insurance Act [section

354(a-2)(i) of this title]) after the enactment date of this Act

[Feb. 15, 1968]."

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-28 effective with respect to benefits

accruing in general benefit years which begin after the benefit

year ending June 30, 1958, and in extended benefit periods which

begin after Dec. 31, 1957, see section 309 of Pub. L. 86-28, set

out as a note under section 351 of this title.

EFFECTIVE DATE OF 1955 AMENDMENT

Section 4 of act Aug. 12, 1955, provided that the amendment made

by that section is effective as of the date of its "original

enactment" [June 25, 1938].

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 31, 1954, effective July 1, 1954, see

section 401 of act Aug. 31, 1954, set out as a note under section

351 of this title.

EFFECTIVE DATE OF 1952 AMENDMENT

Section 3 of act May 15, 1952, provided that: "The amendments

made by this Act [amending this section and section 353 of this

title] shall be effective with respect to benefit years beginning

on and after July 1, 1952."

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by section 306 of act July 31, 1946, effective July 1,

1946, see section 402 of that Act.

Section 403 of act July 31, 1946, provided that: "Sections 301,

302, 303, 304, 305 (except for the revision of the table which

shall become effective on the date of enactment of this Act [July

31, 1946]), 307, 308, 309, and 310 [amending sections 351 to 354 of

this title] shall become effective on July 1, 1947."

EFFECTIVE DATE OF 1940 AMENDMENT

For effective date of amendment by act Oct. 10, 1940, see section

1 of act Oct. 10, 1940, set out as a note under section 351 of this

title.

EXTENDED RAILROAD UNEMPLOYMENT INSURANCE BENEFITS DURING PERIODS OF

HIGH NATIONAL UNEMPLOYMENT

Pub. L. 102-164, title V, Sec. 501, Nov. 15, 1991, 105 Stat.

1064, as amended by Pub. L. 102-182, Sec. 3(a)(6), (7), Dec. 4,

1991, 105 Stat. 1234; Pub. L. 102-244, Sec. 5, Feb. 7, 1992, 106

Stat. 5; Pub. L. 102-318, title I, Sec. 105, July 3, 1992, 106

Stat. 293; Pub. L. 103-6, Sec. 3(a), (b), Mar. 4, 1993, 107 Stat.

33; Pub. L. 103-152, Secs. 8, 9(b), Nov. 24, 1993, 107 Stat. 1519,

provided that:

"(a) In General. - For purposes of section 2(h) of the Railroad

Unemployment Insurance Act (45 U.S.C. 352(h)(2)), a 'period of high

unemployment' includes any month during the period November 1991

through February 1994.

"(b) Effective Dates. -

"(1) In general. - Except as provided in paragraphs (2) and

(3), no employee shall have an extended benefit period under the

second proviso of section 2(c) of the Railroad Unemployment

Insurance Act beginning before November 17, 1991, or after

February 5, 1994.

"(2) Transition. - If an employee has established an extended

benefit period under the second proviso of section 2(c) of the

Railroad Unemployment Insurance Act and the last day of such

extended benefit period, as established, is after February 5,

1994, such employee shall continue to be entitled to extended

unemployment benefits for days of unemployment in registration

periods included in such extended benefit period, provided that

such employee meets the eligibility requirements of this section

and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et

seq.].

"(3) Reachback Provisions. - If an employee has exhausted that

employee's rights to normal unemployment benefits under section

2(c) of the Railroad Unemployment Insurance Act [45 U.S.C.

352(c)] after February 28, 1991, but before November 17, 1991,

such employee shall, for the purposes of the application of this

section, be deemed to have exhausted such rights after November

17, 1991.

"(c) Limitation on Payment. - Extended benefits under this

section shall be payable for a maximum of 65 days of unemployment,

including any extended benefits payable by reason of the

application of the reachback provisions.

"(d) Enlargement of Benefits. -

"(1) Generally. - During the period that begins on the date of

the enactment of this subsection [Feb. 7, 1992] -

"(A) subsection (c) of this section shall be applied by

substituting '130' for '65';

"(B) section 2(c) of the Railroad Unemployment Insurance Act

[45 U.S.C. 352(c)] shall be applied -

"(i) by substituting '13 (but not more than 130 days)' for

'7 (but not more than 65 days)' in the table; and

"(ii) by substituting 'but not by more than 130 days' for

'but not by more than sixty-five days' in the second proviso;

and

"(C) section 2(h)(1) of the Railroad Unemployment Insurance

Act [45 U.S.C. 352(h)(1)] shall be applied by substituting '13'

for 'seven'.

"(2) Phase-out. -

"(A) Benefits on or after june 14, 1992. - Effective on and

after June 14, 1992, paragraph (1) of this section shall be

applied by substituting '100' for '130' each place it appears,

and by substituting '10' for '13' each place it appears.

"(B) Reductions under emergency compensation extension

provisions. -

"(i) Effective on and after the date on which a reduction

in benefits is imposed under section 102(b)(2)(A)(iii)

[section 102(b)(2)(A)(iii) of Pub. L. 102-164, 26 U.S.C. 3304

note], subparagraph (A) of this paragraph and subparagraphs

(B) and (C) of paragraph (1) shall not apply and subparagraph

(A) of paragraph (1) shall be applied by substituting '50'

for '130'.

"(ii) Effective after October 2, 1993, subparagraph (A) of

this paragraph and subparagraphs (B) and (C) of paragraph (1)

shall not apply and subparagraph (A) of paragraph (1) shall

be applied by substituting '35' for '130'.

"(C) Limitations on reductions. - Notwithstanding

subparagraphs (A) and (B), in the case of an individual who is

receiving extended benefits under section 2(c) of the Railroad

Unemployment Insurance Act [45 U.S.C. 352(c)] for persons with

10 or more but less than 15 years of service, or extended

benefits by reason of this section, for any day during a week

which precedes a period for which a reduction under this

paragraph takes effect, such reduction shall not apply for

purposes of determining the amount of benefits payable to such

individual for any day thereafter for which the individual

meets the eligibility requirements of this section and the

Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].

"(e) Termination of Benefits. - In the case of an individual who

is receiving extended benefits by reason of this section on

February 5, 1994, such benefits shall not continue to be payable to

such individual after April 30, 1994."

[Section 3(c) of Pub. L. 103-6 provided that: "The amendments

made by this section [amending section 501 of Pub. L. 102-164, set

out above] shall apply to weeks beginning after March 6, 1993."]

[Amendments made by Pub. L. 102-182 to section 501 of Pub. L.

102-164, set out above, applicable as if included in the provisions

of and the amendments made by Pub. L. 102-164, see section 3(b) of

Pub. L. 102-182, set out as a note under section 3304 of Title 26,

Internal Revenue Code.]

GAO STUDY OF FRAUD AND PAYMENT ERRORS

Section 7107 of Pub. L. 100-647 provided that: "The Comptroller

General shall study the frequency of fraud and payment errors in

the railroad unemployment compensation program. Not later than 1

year after the date of the enactment of this Act [Nov. 10, 1988],

the Comptroller General shall report to Congress the results of

such study. Such report shall include -

"(1) estimates of rates and amounts of annual losses due to

fraud and overpayment;

"(2) comparisons of such rates with the rates of losses in

other Federal programs which experience such losses;

"(3) recommendations for legislative measures that could be

taken to reduce the losses in the railroad unemployment

compensation program arising from fraud and payment errors; and

"(4) such other matters relating to such fraud and payment

errors as the Comptroller General determines are appropriate."

BENEFITS FOR CERTAIN EMPLOYEES WHO EXHAUSTED RIGHTS TO BENEFITS

BEFORE APRIL 1, 1959

Section 303(b) of Pub. L. 86-28 provided that: "An employee who

has less than ten years of service as defined in section 1(f) of

the Railroad Retirement Act of 1937 [section 228a(f) of this

title], and who has after June 30, 1957, and before April 1, 1959,

exhausted (within the meaning prescribed by the Railroad Retirement

Board by regulation) his rights to unemployment benefits, shall be

paid unemployment benefits for days of unemployment, not exceeding

sixty-five, which occur in registration periods beginning on or

after June 19, 1958, and before July 1, 1959, and which would not

be days with respect to which he would be held entitled otherwise

to receive unemployment benefits under the Railroad Unemployment

Insurance Act [this chapter], except that an employee who has

filed, and established, a first claim for benefits under the

Temporary Unemployment Compensation Act of 1958 [42 U.S.C. 1400 et

seq.] may not thereafter establish a claim under this subsection,

and an employee who has registered for, and established a claim for

benefits under this subsection may not thereafter establish a claim

under the Temporary Unemployment Compensation Act of 1958. Except

to the extent inconsistent with this subsection, the provisions of

the Railroad Unemployment Insurance Act [this chapter] shall be

applicable in the administration of this subsection."

INTERCHANGE OF INFORMATION BETWEEN SECRETARY OF LABOR AND RAILROAD

RETIREMENT BOARD

Section 303(c) of Pub. L. 86-28 provided that: "The Secretary of

Labor, upon request shall furnish the Board information deemed

necessary by the Board for the administration of the provisions of

subsection (b) hereof [set out above], and the Board, upon request,

shall furnish the Secretary of Labor information deemed necessary

by the Secretary for the administration of the Temporary

Unemployment Compensation Act of 1958 [section 1400 et seq. of

Title 42, The Public Health and Welfare]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351, 355, 360, 362 of

this title; title 26 sections 105, 3231.

-End-

-CITE-

45 USC Sec. 353 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 353. Qualifying condition

-STATUTE-

An employee shall be a "qualified employee" if the Board finds

that his compensation with respect to the base year will have been

not less than 2.5 times the monthly compensation base for months in

such base year as computed under section 351(i) of this title, and,

if such employee has had no compensation prior to such year, that

he will have had compensation with respect to each of not less than

five months in such year.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 3, 52 Stat. 1097; June 20, 1939, ch.

227, Sec. 10, 53 Stat. 845; Oct. 10, 1940, ch. 842, Sec. 13, 54

Stat. 1097; July 31, 1946, ch. 709, Sec. 308, 60 Stat. 737; May 15,

1952, ch. 290, Sec. 2, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt.

III, Sec. 303, 68 Stat. 1041; Pub. L. 86-28, pt. III, Sec. 304, May

19, 1959, 73 Stat. 31; Pub. L. 88-133, title III, Sec. 301(a), Oct.

5, 1963, 77 Stat. 222; Pub. L. 90-257, title II, Sec. 203, Feb. 15,

1968, 82 Stat. 24; Pub. L. 94-92, title I, Sec. 1(f), Aug. 9, 1975,

89 Stat. 463; Pub. L. 98-76, title IV, Sec. 411(a)(2), Aug. 12,

1983, 97 Stat. 436; Pub. L. 100-647, title VII, Sec. 7202(a), Nov.

10, 1988, 102 Stat. 3776.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-647 inserted "with respect to the base year"

after "his compensation" and substituted "2.5 times the monthly

compensation base for months in such base year as computed under

section 351(i) of this title" for "$1,500 with respect to the base

year".

1983 - Pub. L. 98-76 substituted "$1,500" for "$1,000".

1975 - Pub. L. 94-92 substituted "five" for "seven" months.

1968 - Pub. L. 90-257 substituted "$1,000" for "$750".

1963 - Pub. L. 88-133 increased from $500 to $750 the amount of

compensation in a base year required to qualify for benefits and

provided that if employee has had no compensation prior to such

year he will have had compensation with respect to each of not less

than 7 months in such year.

1959 - Pub. L. 86-28 substituted "$500" for "$400".

1954 - Act Aug. 31, 1954, substituted "$400" for "$300".

1952 - Act May 15, 1952, substituted "$300" for "$150" to conform

to the new table of daily benefit rates as set out in section 352

of this title.

1946 - Act July 31, 1946, changed section to relate to

compensation paid instead of compensation earned during a year.

1940 - Act Oct. 10, 1940, reorganized structure by striking out

designations for subsecs. "(a)" and "(b)" and, as so restructured,

provisions of former subsec. (a) became entire section and defined

"qualified employee" and provisions of former subsec. (b), which

related to the employee's waiting period, were omitted.

1939 - Subsec. (b). Act June 20, 1939, substituted provisions

relating to half-months as the waiting period, for provisions

relating to fifteen consecutive days of unemployment or two half

months.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7202(b) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall take effect on

the date of the enactment of this Act [Nov. 10, 1988]."

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-76 applicable to compensation paid for

services rendered after Dec. 31, 1983, see section 411(b) of Pub.

L. 98-76, set out as a note under section 351 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-92 effective for services rendered after

Dec. 31, 1973, see section 2 of Pub. L. 94-92, set out as a note

under section 351 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-257 effective with respect to base years

beginning in calendar years after December 31, 1966, except that

with respect to the base year in calendar year 1967 such amendments

not to be applicable to an employee whose compensation with respect

to that base year was not less than $750 but was less than $1,000,

see section 208 of Pub. L. 90-257, set out as a note under section

352 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Section 301(b) of Pub. L. 88-133 provided that: "The amendment

made by subsection (a) [amending this section] shall be fully

effective with respect to base years after 1963. With respect to

the base year 1963, they shall be applicable only to an employee

concerning whom the Railroad Retirement Board finds that his

compensation in that portion of the calendar year 1963 preceding

the first day of the calendar month next following the month of

enactment of this Act [October 1963] will have been less than

$500."

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-28 effective with respect to base years

after the base year ending Dec. 31, 1957, see section 309 of Pub.

L. 86-28, set out as a note under section 351 of this title.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 31, 1954, effective July 1, 1954, see

section 401 of act Aug. 31, 1954, set out as a note under section

351 of this title.

EFFECTIVE DATE OF 1952 AMENDMENT

Amendment by act May 15, 1952, effective with respect to benefit

years beginning on and after July 1, 1952, see section 3 of act May

15, 1952, set out as a note under section 352 of this title.

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act July 31, 1946, effective July 1, 1947, see

section 403 of act July 31, 1946, set out as a note under section

352 of this title.

EFFECTIVE DATE OF 1940 AMENDMENT

For effective date of amendment by act Oct. 10, 1940, see section

1 of act Oct. 10, 1940, set out as a note under section 351 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 352, 362 of this title.

-End-

-CITE-

45 USC Sec. 354 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 354. Disqualifying conditions

-STATUTE-

(a-1) Day of unemployment or day of sickness

There shall not be considered as a day of unemployment, or as a

day of sickness, with respect to any employee -

(i) any of the seventy-five days beginning with the first day

of any registration period with respect to which the Board finds

that he knowingly made or aided in making or caused to be made

any false or fraudulent statement or claim for the purpose of

causing benefits to be paid;

(ii) any day in any period with respect to which the Board

finds that he is receiving or will have received annuity payments

under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et

seq.], or insurance benefits under title II of the Social

Security Act [42 U.S.C. 401 et seq.], or unemployment, maternity,

or sickness benefits under an unemployment, maternity, or

sickness compensation law other than this chapter, or any other

social-insurance payments under any law: Provided, That if an

employee receives or is held entitled to receive any such

payments, other than unemployment, maternity, or sickness

payments, with respect to any period which include days of

unemployment or sickness in a registration period, after benefits

under this chapter for such registration period will have been

paid, the amount by which such benefits under this chapter will

have been increased by including such days as days of

unemployment or as days of sickness shall be recoverable by the

Board: Provided further, That, if that part of any such payment

or payments, other than unemployment, maternity, or sickness

payments, which is apportionable to such days of unemployment or

days of sickness is less in amount than the benefits under this

chapter which, but for this paragraph, would be payable and not

recoverable with respect to such days of unemployment or days of

sickness, the preceding provisions of this paragraph shall not

apply but such benefits under this chapter for such days of

unemployment or days of sickness shall be diminished or

recoverable in the amount of such part of such other payment or

payments;

(iii) if he is paid a separation allowance, any of the days in

the period beginning with the day following his separation from

service and continuing for that number of consecutive

fourteen-day periods which is equal, or most nearly equal, to the

amount of the separation allowance divided (i) by ten times his

last daily rate of compensation prior to his separation if he

normally works five days a week, (ii) by twelve times such rate

if he normally works six days a week, and (iii) by fourteen times

such rate if he normally works seven days a week; (!1)

(a-2) Day of unemployment

(i)(A) subject to the provisions of subdivision (B) hereof, any

of the days in the period beginning with the day with respect to

which the Board finds that he left work voluntarily, and continuing

until he has been paid compensation of not less than $1,500 with

respect to time after the beginning of such period and before 1989

or, if any part of such compensation is paid in a calendar year

after 1988, not less than an amount that is equal to 2.5 times the

monthly compensation base for months in such calendar year, as

computed under section 351(i) of this title;

(B) if the Board finds that he left work voluntarily with good

cause, the provisions of subdivision (A) shall not apply, with

respect to him, to any day in a registration period if such period

does not include any day which is in a period for which he could

receive benefits under an unemployment compensation law other than

this chapter, and he so certifies. Such certification shall, in the

absence of evidence to the contrary, be accepted subject to the

penalty provisions of section 359(a) of this title;

(ii) any of the thirty days beginning with the day with respect

to which the Board finds that he failed, without good cause, to

accept suitable work available on such day and offered to him, or

to comply with instructions from the Board requiring him to apply

for suitable work or to report, in person or by mail as the Board

may require, to an employment office;

(iii) subject to the provisions of subsection (b) of this

section, any day with respect to which the Board finds that his

unemployment was due to a stoppage of work because of a strike in

the establishment, premises, or enterprise at which he was last

employed, and the Board finds that such strike was commenced in

violation of the provisions of the Railway Labor Act [45 U.S.C. 151

et seq.] or in violation of the established rules and practices of

a bona fide labor organization of which he was a member.

(b) Participation, interest, or financial assistance in labor

dispute

The disqualification provided in subsection (a-2)(iii) of this

section shall not apply if the Board finds that -

(i) the employee is not participating in or financing or

directly interested in the strike which causes the stoppage of

work: Provided, That payment of regular union dues shall not be

construed to constitute financing a strike or direct interest in

a strike within the meaning of this and the following paragraphs;

and

(ii) he does not belong to a grade or class of workers of

which, immediately before the commencement of the stoppage, there

were members employed in the establishment, premises, or

enterprise at which the stoppage occurs, any of whom are

participating in or financing or directly interested in the

dispute: Provided, That if separate types of work are commonly

conducted in separate departments of a single enterprise, each

such department shall, for the purposes of this subsection, be

deemed to be a separate establishment, enterprise, or other

premises.

(c) Unsuitable work

No work shall be deemed suitable for the purposes of subsection

(a-2)(ii) of this section, and benefits shall not be denied under

this chapter to any otherwise qualified employee for refusing to

accept work if -

(i) the position offered is vacant due directly to a strike,

lockout, or other labor dispute;

(ii) the remuneration, hours, or other conditions of work

offered are substantially less favorable to the employee than

those prevailing for similar work in the locality, or the rate of

remuneration is less than the union wage rate, if any, for

similar work in the locality;

(iii) as a condition of being employed he would be required to

join a company union or to resign from or refrain from joining

any bona fide labor organization;

(iv) acceptance of the work would require him to engage in

activities in violation of law or which, by reason of their being

in violation of reasonable requirements of the constitution,

bylaws, or similar regulations of a bona fide labor organization

of which he is a member, would subject him to expulsion from such

labor organization; or

(v) acceptance of the work would subject him to loss of

substantial seniority rights under any collective bargaining

agreement between a railway labor organization, organized in

accordance with the provisions of the Railway Labor Act [45

U.S.C. 151 et seq.], and any other employer.

(d) Factors in determination of suitable work

In determining, within the limitations of subsection (c) of this

section, whether or not any work is suitable for an employee for

the purposes of subsection (a-2)(ii) of this section, the Board

shall consider, in addition to such other factors as it deems

relevant, (i) the current practices recognized by management and

labor with respect to such work; (ii) the degree of risk involved

to such employee's health, safety, and morals; (iii) his physical

fitness and prior training; (iv) his experience and prior earnings;

(v) his length of unemployment and prospects for securing work in

his customary occupation; and (vi) the distance of the available

work from his residence and from his most recent work.

(e) Voluntarily leaving unsuitable work

For the purposes of subsection (a-2)(i) of this section, no

voluntary leaving of work shall be deemed to have been without good

cause if the Board finds that such work would not have been

suitable for the purposes of subsection (a-2)(ii) of this section.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 4, 52 Stat. 1098; June 20, 1939, ch.

227, Sec. 11, 53 Stat. 846; Oct. 10, 1940, ch. 842, Secs. 14-18, 54

Stat. 1097, 1098; July 31, 1946, ch. 709, Secs. 309, 310, 60 Stat.

737, 738; Oct. 30, 1951, ch. 632, Sec. 27, 65 Stat. 691; Pub. L.

85-927, pt. II, Sec. 202, Sept. 6, 1958, 72 Stat. 1782; Pub. L.

86-28, pt. III, Sec. 305, May 19, 1959, 73 Stat. 31; Pub. L.

88-133, title III, Sec. 302(a), Oct. 5, 1963, 77 Stat. 222; Pub. L.

90-257, title II, Sec. 204, Feb. 15, 1968, 82 Stat. 24; Pub. L.

93-445, title IV, Sec. 402, Oct. 16, 1974, 88 Stat. 1359; Pub. L.

98-76, title IV, Sec. 411(a)(3), Aug. 12, 1983, 97 Stat. 436; Pub.

L. 100-647, title VII, Sec. 7101(d), Nov. 10, 1988, 102 Stat.

3758.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Retirement Act of 1974, referred to in subsec.

(a-1)(ii), is act Aug. 29, 1935, ch. 812, as amended generally by

Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305,

which is classified generally to subchapter IV (Sec. 231 et seq.)

of chapter 9 of this title. For further details and complete

classification of this Act to the Code, see Codification note set

out preceding section 231 of this title, section 231t of this

title, and Tables.

The Social Security Act, referred to in subsec. (a-1)(ii), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Social Security Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

The Railway Labor Act, referred to in subsecs. (a-2)(iii) and

(c)(v), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended,

which is classified principally to chapter 8 (Sec. 151 et seq.) of

this title. For complete classification of this Act to the Code,

see section 151 of this title and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (a-2)(i)(A). Pub. L. 100-647 inserted "and before

1989 or, if any part of such compensation is paid in a calendar

year after 1988, not less than an amount that is equal to 2.5 times

the monthly compensation base for months in such calendar year, as

computed under section 351(i) of this title" after "such period".

1983 - Subsec. (a-2)(i)(A). Pub. L. 98-76 substituted "$1,500"

for "$1,000".

1974 - Subsec. (a-1)(ii). Pub. L. 93-445 substituted "annuity

payments under the Railroad Retirement Act of 1974" for "annuity

payments or pensions under the Railroad Retirement Act of 1935 or

the Railroad Retirement Act of 1937".

1968 - Subsec. (a-1)(iii). Pub. L. 90-257, Sec. 204(a), added cl.

(iii).

Subsec. (a-2)(i)(A). Pub. L. 90-257, Sec. 204(b), substituted

"$1,000" for "$750".

1963 - Subsec. (a-2)(i). Pub. L. 88-133 substituted cl. (i)

providing in subd. (A) that an employee who voluntarily leaves his

work shall not be considered as having days of unemployment for a

period beginning with the day he so leaves and continuing until he

has been paid compensation of not less than $750 with respect to

time after the beginning of such period and subd. (B) that if the

Board finds that the employee left work voluntarily with good

cause, such disqualification shall not apply, except that in such

case the employee would not be considered as having days of

unemployment with respect to any day in a registration period if

such period includes a day which is in a period for which he could

receive benefits under an unemployment law other than this chapter

and he so certifies, for former cl. (i) providing that an employee

who leaves work voluntarily is not considered as having days of

unemployment with respect to any of the first 30 days after he so

leaves if the Board finds that he left work voluntarily without

good cause.

1959 - Subsec. (a-2)(iv). Pub. L. 86-28 struck out cl. (iv) which

prevented Sundays and holidays from being considered as days of

unemployment unless they were preceded and succeeded by a day of

unemployment.

1958 - Subsec. (a-1)(ii). Pub. L. 85-927 substituted "other than

this chapter or any other social-insurance payments under any law"

for "of any State of the United States other than this chapter, or

any other social-insurance payments under a law of any State or of

the United States".

1951 - Subsec. (a-1). Act Oct. 30, 1951, struck out cls. (iii)

and (iv) which excepted from consideration as a day of unemployment

or as a day of sickness, any days in any registration period in

which the employee had certain specified earnings.

1946 - Subsec. (a-1). Act July 31, 1946, Sec. 309(a), (b),

designated provisions of former subsec. (a) which apply both to

days of unemployment and to days of sickness as subsec. (a-1) and

changed cl. (ii) to include sickness and maternity benefits.

Subsec. (a-2). Act July 31, 1946, Sec. 309(c), designated

provisions of former subsec. (a) which apply only to days of

unemployment as subsec. (a-2).

Subsecs. (b) to (e). Act July 31, 1946, Sec. 310, changed

references to subsec. (a) of this section to refer to subsec.

(a-2).

1940 - Subsec. (a)(ii). Act Oct. 10, 1940, Sec. 14, inserted

provisions relating to employee's failure to comply with

instructions of the Board.

Subsec. (a)(iv). Act Oct. 10, 1940, Sec. 15, substituted

"registration period" for "half-month".

Subsec. (a)(v). Act Oct. 10, 1940, Sec. 16, struck out

applicability to employee having a right to receive compensation or

other wages in lieu of notice, and inserted provisions relating to

recovery of certain other payments and inapplicability of paragraph

under specified conditions.

Subsec. (a)(vi). Act Oct. 10, 1940, Sec. 17, substituted

provisions relating to earnings of employees during any day in any

registration period, for provisions relating to earnings of

employees during any day in any half-month.

Subsec. (a)(vii), (viii). Act Oct. 10, 1940, Sec. 18, added cls.

(vii) and (viii).

1939 - Subsec. (a). Act June 20, 1939, generally revised criteria

for determining what shall not be considered as a day of

unemployment with respect to any employee.

Subsec. (b). Act June 20, 1939, substituted provisions setting

forth criteria for determining nonapplicability of disqualification

provided in subsec. (a)(iii) of this section, for provisions

setting forth criteria for determining nonapplicability of

disqualification provided in subsec. (a)(v) of this section.

Subsecs. (c) to (e). Act June 20, 1939, substituted references to

subsec. (a)(ii) of this section for references to subsec. (a)(iii)

or (iv) of this section.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-76 applicable to compensation paid for

services rendered after Dec. 31, 1983, see section 411(b) of Pub.

L. 98-76, set out as a note under section 351 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section

603 of Pub. L. 93-445, set out as a note under section 402 of Title

42, The Public Health and Welfare.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 204(a) of Pub. L. 90-257 effective with

respect to calendar days in benefit years beginning after June 30,

1968, and amendment by section 204(b) of Pub. L. 90-257 effective

with respect to voluntary leaving of work (within the meaning of

subsec. (a-2)(i) this section) after February 15, 1968, see section

208 of Pub. L. 90-257, set out as a note under section 352 of this

title.

EFFECTIVE DATE OF 1963 AMENDMENT

Section 302(b) of Pub. L. 88-133 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

only with respect to an employee who leaves work voluntarily after

the date of enactment of this Act [Oct. 5, 1963]."

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-28 effective with respect to benefits

accruing in general benefit years which begin after the benefit

year ending June 30, 1958, and in extended benefit periods which

begin after Dec. 31, 1957, see section 309 of Pub. L. 86-28, set

out as a note under section 351 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-927 effective with respect to days in

benefit years after the benefit year ending on June 30, 1958, see

section 207(a) of Pub. L. 85-927, set out as a note under section

351 of this title.

EFFECTIVE DATE OF 1951 AMENDMENT

Amendment by act Oct. 30, 1951, effective with respect to

registration periods beginning on and after Jan. 1, 1952, see

section 28 of act Oct. 30, 1951, set out as a note under section

351 of this title.

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act July 31, 1946, effective July 1, 1947, see

section 403 of act July 31, 1946, set out as a note under section

352 of this title.

EFFECTIVE DATE OF 1940 AMENDMENT

For effective date of amendment by act Oct. 10, 1940, see section

1 of act Oct. 10, 1940, set out as a note under section 351 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351, 362 of this title.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a period.

-End-

-CITE-

45 USC Sec. 355 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 355. Claims for benefits

-STATUTE-

(a) Publication of Board's regulations

Claims for benefits and appeals from determinations with respect

thereto shall be made in accordance with such regulations as the

Board shall prescribe. Each employer shall post and maintain, in

places readily accessible to employees in his service, such printed

statements concerning such regulations as the Board supplies to him

for such purpose, and shall keep available to his employees copies

of such printed statements. Such printed statements shall be

supplied by the Board to each employer without cost to him.

(b) Findings, hearings, investigations, etc., by Board

The Board is authorized and directed to make findings of fact

with respect to any claim for benefits and to make decisions as to

the right of any claimant to benefits. The Board is further

authorized to hold such hearings, to conduct such investigations

and other proceedings, and to establish, by regulations or

otherwise, such procedures as it may deem necessary or proper for

the determination of a right to benefits. When a claim for benefits

is filed with the Board, the Board shall provide notice of such

claim to the claimant's base-year employer or employers and afford

such employer or employers an opportunity to submit information

relevant to the claim before making an initial determination on the

claim. When the Board initially determines to pay benefits to a

claimant under this chapter, the Board shall provide notice of such

determination to the claimant's base-year employer or employers.

(c) Hearing and review of decisions on claims

(1) Each qualified employee whose claim for benefits has been

denied in whole or in part upon an initial determination with

respect thereto upon a basis other than one which is reviewable

pursuant to one of the succeeding paragraphs of this subsection,

shall be granted an opportunity for a fair hearing thereon before a

referee or such other reviewing body as the Board may establish or

assign thereto. In any such case the Board or the person or

reviewing body so established or assigned shall, by publication or

otherwise, notify all parties properly interested of their right to

participate in the hearing and of the time and place of the

hearing.

(2) Any claimant whose claim for benefits has been denied in an

initial determination with respect thereto upon the basis of his

not being a qualified employee, and any claimant who contends that

under an initial determination of his claim he has been awarded

benefits at less than the proper rate, may appeal to the Board for

the review of such determination. Thereupon the Board shall review

the determination and for such review may designate one of its

officers or employees to receive evidence and to report to the

Board thereon together with recommendations. In any such case the

Board or the person so designated shall, by publication or

otherwise, notify all parties properly interested of their right to

participate in the proceeding and, if a hearing is to be held, of

the time and place of the hearing. At the request of any party

properly interested the Board shall provide for a hearing, and may

provide for a hearing on its own motion. The Board shall prescribe

regulations governing the appeals provided for in this paragraph

and for decisions upon such appeal.

(3) Any base-year employer of a claimant whose claim for benefits

has been granted in whole or in part, either in an initial

determination with respect thereto or in a determination after a

hearing pursuant to paragraph (1), and who contends that the

determination is erroneous for a reason or reasons other than a

reason that is reviewable under paragraph (4), may appeal to the

Board for review of such determination. Despite such an appeal, the

benefits awarded shall be paid to such claimant, subject to

recovery by the Board if and to the extent found on the appeal to

have been erroneously awarded. The Board shall take such action as

is appropriate to recover the amount of such benefits including if

feasible adjustment in subsequent payments pursuant to the first

two paragraphs of section 352(d) of this title. Upon an appeal, the

Board shall review the determination appealed from and for such

review may designate one of its officers or employees to receive

evidence and report to the Board thereof together with

recommendations. In any such case the Board or the person so

designated shall, by publication or otherwise, notify all parties

properly interested of their right to participate in the proceeding

and, if a hearing is to be held, of the time and place of the

hearing. At the request of any party properly interested the Board

shall provide for a hearing, and may provide for a hearing on its

own motion. The Board shall prescribe regulations governing the

appeals provided for in this paragraph and for decisions upon such

appeal.

(4) In any case in which benefits are awarded to a claimant in

whole or in part upon the basis of pay earned in the service of a

person or company found by the Board to be an employer as defined

in this chapter but which denies that it is such an employer, such

benefits awarded on such basis shall be paid to such claimant

subject to a right of recovery of such benefits. The Board shall

thereupon designate one of its officers or employees to receive

evidence and to report to the Board on whether such benefits should

be repaid. The Board may also designate one of its officers or

employees to receive evidence and report to the Board whether or

not any person or company is entitled to a refund of contributions

or should be required to pay contributions under this chapter,

regardless of whether or not any claims for benefits will have been

filed upon the basis of service in the employ of such person or

company, and shall follow such procedure if contributions are

assessed and payment is refused or payment is made and a refund

claimed upon the basis that such person or company is or will not

have been liable for such contributions. In any such case the Board

or the person so designated shall, by publication or otherwise,

notify all parties properly interested of their right to

participate in the proceeding and, if a hearing is to be held, of

the time and place of the hearing. At the request of any party

properly interested the Board shall provide for a hearing, and may

provide for a hearing on its own motion. The Board shall prescribe

regulations governing the proceedings provided for in this

paragraph and for decisions upon such proceedings.

(5) Final decision of the Board in the cases provided for in the

preceding three paragraphs shall be communicated to the claimant

and to the other interested parties within fifteen days after it is

made. Any properly interested party notified, as hereinabove

provided, of his right to participate in the proceedings may obtain

a review of any such decision by which he claims to be aggrieved or

the determination of any issue therein in the manner provided in

subsection (f) of this section with respect to the review of the

Board's decisions upon claims for benefits and subject to all

provisions of law applicable to the review of such decisions.

Subject only to such review, the decision of the Board upon all

issues determined in such decision shall be final and conclusive

for all purposes and shall conclusively establish all rights and

obligations, arising under this chapter, of every party notified as

hereinabove provided of his right to participate in the

proceedings.

(6) For purposes of this subsection and subsections (d) and (f)

of this section, any base-year employer of the claimant is a

properly interested party.

(7) Any issue determinable pursuant to this subsection and

subsection (f) of this section shall not be determined in any

manner other than pursuant to this subsection and subsection (f) of

this section.

(d) Decisions of reviewing bodies; review and finality

The Board shall prescribe regulations governing the filing of

cases with and the decision of cases by reviewing bodies, and the

review of such decisions. The Board may provide for intermediate

reviews of such decisions by such bodies as the Board may establish

or assign thereto. The Board may (i) on its own motion review a

decision of an intermediate reviewing body on the basis of the

evidence previously submitted in such case, and may direct the

taking of additional evidence, or (ii) permit such parties as it

finds properly interested in the proceedings to take appeals to the

Board. Unless a review or an appeal is had pursuant to this

subsection, the decision of an intermediate reviewing body shall,

subject to such regulations as the Board may prescribe, be deemed

to be the final decision of the Board.

(e) Application of rules of evidence in law and equity; notice of

findings

In any proceeding other than a court proceeding, the rules of

evidence prevailing in courts of law or equity shall not be

controlling, but a full and complete record shall be kept of all

proceedings and testimony, and the Board's final determination,

together with its findings of fact and conclusions of law in

connection therewith, shall be communicated to the parties within

fifteen days after the date of such final determination.

(f) Review of final decision of Board by Courts of Appeals; costs

Any claimant, or any railway labor organization organized in

accordance with the provisions of the Railway Labor Act [45 U.S.C.

151 et seq.], of which claimant is a member, or any base-year

employer of the claimant, or any other party aggrieved by a final

decision under subsection (c) of this section, may, only after all

administrative remedies within the Board will have been availed of

and exhausted, obtain a review of any final decision of the Board

by filing a petition for review within ninety days after the

mailing of notice of such decision to the claimant or other party,

or within such further time as the Board may allow, in the United

States court of appeals for the circuit in which the claimant or

other party resides or will have had his principal place of

business or principal executive office, or in the United States

Court of Appeals for the Seventh Circuit or in the United States

Court of Appeals for the District of Columbia. A copy of such

petition, together with initial process, shall forth-with be served

upon the Board or any officer designated by it for such purpose. A

copy of such petition also shall forthwith be served upon any other

properly interested party, and such party shall be a party to the

review proceeding. Service may be made upon the Board by registered

mail addressed to the Chairman. Within thirty days after receipt of

service, or within such additional time as the court may allow, the

Board shall file with the court in which such petition has been

filed the record upon which the findings and decision complained of

are based, as provided in section 2112 of title 28. Upon the filing

of such petition the court shall have exclusive jurisdiction of the

proceeding and of the question determined therein. It shall have

power to enter a decree affirming, modifying, or reversing the

decision of the Board, with or without remanding the cause for

rehearing. The findings of the Board as to the facts, if supported

by evidence and in the absence of fraud, shall be conclusive. No

additional evidence shall be received by the court but the court

may order additional evidence to be taken before the Board, and the

Board may, after hearing such additional evidence, modify its

findings of fact and conclusions and file such additional or

modified findings and conclusions with the court, and the Board

shall file with the court the additional record. The judgment and

decree of the court shall be final, subject to review as in equity

cases.

An applicant for review of a final decision of the Board

concerning a claim for benefits shall not be liable for costs,

including costs of service, or costs of printing records, except

that costs may be assessed by the court against such applicant if

the court determines that the proceedings for such review have been

instituted or continued without reasonable ground.

(g) Finality of Board decisions

Findings of fact and conclusions of law of the Board in the

determination of any claim for benefits or refund, the

determination of any other matter pursuant to subsection (c) of

this section, and the determination of the Board that the

unexpended funds in the account are available for the payment of

any claim for benefits or refund under this chapter, shall be,

except as provided in subsection (f) of this section, binding and

conclusive for all purposes and upon all persons, including the

Comptroller General and any other administrative or accounting

officer, employee, or agent of the United States, and shall not be

subject to review in any manner other than that set forth in

subsection (f) of this section.

(h) Benefits payable prior to final decision of Board

Except as may be otherwise prescribed by regulations of the

Board, benefits payable with respect to any period prior to the

date of a final decision of the Board with respect to a claim

therefor, shall be paid only after such final decision.

(i) Fees for presenting claims; penalties

No claimant or other properly interested person claiming benefits

shall be charged fees of any kind by the Board, its employees or

representatives, with respect to such claim. Any such claimant or

other properly interested person may be represented by counsel or

other duly authorized agent, in any proceeding before the Board or

its representatives or a court, but no such counsel or agent for a

claimant shall either charge or receive for such services more than

an amount approved by the Board or by the court before whom the

proceedings of the Board are reviewed. Any person who violates any

provision of this subsection shall be punished by a fine of not

more than $10,000 or by imprisonment not exceeding one year.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 5, 52 Stat. 1099; Oct. 10, 1940, ch.

842, Secs. 19, 20, 54 Stat. 1098; July 31, 1946, ch. 709, Secs.

311-316, 60 Stat. 738; June 25, 1948, ch. 646, Secs. 1, 32(a), 62

Stat. 870, 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub.

L. 85-791, Sec. 23, Aug. 28, 1958, 72 Stat. 948; Pub. L. 97-35,

title XI, Sec. 1128(a), Aug. 13, 1981, 95 Stat. 641; Pub. L.

98-620, title IV, Sec. 402(47), Nov. 8, 1984, 98 Stat. 3360; Pub.

L. 100-647, title VII, Sec. 7104(a)-(c), Nov. 10, 1988, 102 Stat.

3771.)

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in subsec. (f), is act May 20,

1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of this title. For

complete classification of this Act to the Code, see section 151 of

this title and Tables.

-COD-

CODIFICATION

In subsec. (f), "Courts of Appeals", "United States court of

appeals for the circuit", "United States Court of Appeals for the

Seventh Circuit" substituted for "Circuit Courts of Appeals",

"United States circuit court of appeals for the circuit", and

"United States Circuit Court of Appeals for the Seventh Circuit",

respectively, on authority of act June 25, 1948, Sec. 32(a), as

amended by act May 24, 1949, Sec. 127. "United States Court of

Appeals for the District of Columbia" substituted for "Court of

Appeals for the District of Columbia" pursuant to act June 7, 1934,

ch. 426, 48 Stat. 926.

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-647, Sec. 7104(a), inserted at

end "When a claim for benefits is filed with the Board, the Board

shall provide notice of such claim to the claimant's base-year

employer or employers and afford such employer or employers an

opportunity to submit information relevant to the claim before

making an initial determination on the claim. When the Board

initially determines to pay benefits to a claimant under this

chapter, the Board shall provide notice of such determination to

the claimant's base-year employer or employers."

Subsec. (c)(1). Pub. L. 100-647, Sec. 7401(b)(1), (2), inserted

"(1)" after "(c)" and inserted at end "In any such case the Board

or the person or reviewing body so established or assigned shall,

by publication or otherwise, notify all parties properly interested

of their right to participate in the hearing and of the time and

place of the hearing."

Subsec. (c)(2). Pub. L. 100-647, Sec. 7104(b)(3), inserted "(2)"

before "Any claimant whose claim".

Subsec. (c)(3). Pub. L. 100-647, Sec. 7104(b)(4), added par. (3).

Subsec. (c)(4). Pub. L. 100-647, Sec. 7104(b)(5), inserted "(4)"

before "In any case in which".

Subsec. (c)(5). Pub. L. 100-647, Sec. 7104(b)(6), (7), inserted

"(5)" before "Final decision of the Board" and substituted

"preceding three paragraphs" for "preceding two paragraphs".

Subsec. (c)(6). Pub. L. 100-647, Sec. 7104(b)(8), added par. (6).

Subsec. (c)(7). Pub. L. 100-647, Sec. 7104(b)(9), inserted "(7)"

before "Any issue determinable".

Subsec. (f). Pub. L. 100-647, Sec. 7104(c), inserted "or any

base-year employer of the claimant," after "member," and inserted

after second sentence "A copy of such petition also shall forthwith

be served upon any other properly interested party, and such party

shall be a party to the review proceeding."

1984 - Subsec. (f). Pub. L. 98-620 struck out provision requiring

court to give precedence in adjudication of petition over all other

civil cases not otherwise entitled by law to precedence.

1981 - Subsec. (f). Pub. L. 97-35 substituted "Within thirty

days" for "Within fifteen days".

1958 - Subsec. (f). Pub. L. 85-791, in fourth sentence, struck

out "certify and" after "shall" and "a transcript of" after

"filed", and inserted "as provided in section 2112 of title 28"; in

fifth sentence, substituted "the filing of such petition" for "such

filing"; in sixth sentence, struck out "upon the pleadings and

transcript of the record," after "enter"; and in eighth sentence

struck out "a transcript of" before "the additional record".

1946 - Subsec. (c). Act July 31, 1946, Sec. 311, struck out

provisions for district boards, placing their functions in referees

or such other reviewing bodies as Board may establish; changed

third par. to allow Board to determine if a person or company is

covered by this chapter regardless of whether or not benefit claims

are pending; and added last par.

Subsec. (d). Act July 31, 1946, Sec. 312, changed references to

district boards to refer to reviewing bodies.

Subsec. (e). Act July 31, 1946, Sec. 313, struck out provisions

restricting subsection to proceedings on a claim for benefits.

Subsec. (f). Act July 31, 1946, Sec. 314, changed first sentence

to provide for review by circuit courts of appeals instead of

district courts.

Subsec. (g). Act July 31, 1946, Sec. 315, inserted reference to

determination of any other matter pursuant to subsec. (c) of this

section.

Subsec. (i). Act July 31, 1946, Sec. 316, extended provisions to

other properly interested persons besides a claimant.

1940 - Subsec. (c). Act Oct. 10, 1940, substituted provisions

relating to a fair hearing for each qualified employee for

provisions relating to a fair hearing for each claimant, and added

paragraphs relating to review for claimants denied benefits on

basis of not being a qualified employee or awarded benefits at an

improper rate, payment of benefits to employees of noncomplying

employers, and final decisions of Board.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7104(f) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section and section 362 of this

title] shall take effect on January 1, 1990."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, and applicable

only with respect to annuities awarded on or after that date, see

section 1129 of Pub. L. 97-35, set out as a note under section 231

of this title.

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act July 31, 1946, effective July 31, 1946, see

section 401 of act July 31, 1946.

EFFECTIVE DATE OF 1940 AMENDMENT

For effective date of amendment by act Oct. 10, 1940, see section

1 of act Oct. 10, 1940, set out as a note under section 351 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 362 of this title.

-End-

-CITE-

45 USC Sec. 355a 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 355a. Acceptance of claims for benefits

-STATUTE-

Whenever there is duly tendered to the Board, by any person, any

claim for unemployment compensation pursuant to the Railroad

Unemployment Insurance Act [45 U.S.C. 351 et seq.], such claim

shall be accepted by the Board without delay and appropriate

administrative action for the allowance or disallowance of such

claim shall be taken by the Board at the earliest practicable time.

-SOURCE-

(June 29, 1956, ch. 477, title V, Sec. 501, 70 Stat. 437.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Unemployment Insurance Act, referred to in text, is

act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see section 367 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of act June 29, 1956, popularly known

as the Departments of Labor, and Health, Education, and Welfare,

Appropriation Act, 1957, and not as a part of the Railroad

Unemployment Insurance Act which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Similar provisions were contained in the following prior

appropriation act: Aug. 1, 1955, ch. 437, title V, Sec. 501, 69

Stat. 411.

-End-

-CITE-

45 USC Sec. 356 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 356. Returns of compensation; conclusiveness; failure to make

-STATUTE-

Employers shall file with the Board, in such manner and at such

times as the Board by regulations may prescribe, returns of

compensation of employees, and, if the Board shall so require,

shall distribute to employees annual statements of compensation:

Provided, That no returns shall be required of employers which

would duplicate information contained in similar returns required

under any other Act of Congress administered by the Board. The

Board's record of the compensation so returned shall, for the

purpose of determining eligibility for and the amount of benefits,

be conclusive as to the amount of compensation paid to an employee

during the period covered by the return, and the fact that the

Board's records show that no return was made of the compensation

claimed to have been paid to an employee during a particular period

shall, for the purposes of determining eligibility for and the

amount of benefits, be taken as conclusive that no compensation was

paid to such employee during that period, unless the error in the

amount of compensation in the one case, or failure to make or

record return of the compensation in the other case, is called to

the attention of the Board within eighteen months after the date on

which the last return covering any portion of the calendar year

which includes such period is required to have been made.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 6, 52 Stat. 1101; June 20, 1939, ch.

227, Sec. 12, 53 Stat. 847; Oct. 10, 1940, ch. 842, Sec. 21, 54

Stat. 1099; July 31, 1946, ch. 709, Sec. 317, 60 Stat. 739; Pub. L.

89-700, title II, Sec. 203, Oct. 30, 1966, 80 Stat. 1087.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-700 struck out provisions which required

returns of compensation of employees to be under oath.

1946 - Act July 31, 1946, changed references to compensation

earned by an employee to refer to compensation paid to an employee.

1940 - Act Oct. 10, 1940, inserted provisions relating to

conclusiveness of returns for purpose of determining eligibility

for and amount of benefits, and struck out requirements that

returns relate to monthly compensation and that distributed

statements of compensation be prepared by Board.

1939 - Act June 20, 1939, struck out requirement that return

shall be in form required by Board, inserted proviso relating to

return containing duplicative information, and substituted

provisions relating to conclusiveness of returns not questioned

within eighteen months after last return is filed, for provisions

relating to conclusiveness of returns not questioned within four

years after last date on which return was required to be made.

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act July 31, 1946, effective July 31, 1946, see

section 401 of act July 31, 1946.

EFFECTIVE DATE OF 1940 AMENDMENT

For effective date of amendment by act Oct. 10, 1940, see section

1 of act Oct. 10, 1940, set out as a note under section 351 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 351 of this title.

-End-

-CITE-

45 USC Sec. 357 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 357. Free transportation

-STATUTE-

It shall not be unlawful for carriers to furnish free

transportation to employees qualified for benefits or serving

waiting periods under this chapter.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 7, 52 Stat. 1102.)

-End-

-CITE-

45 USC Sec. 358 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 358. Contributions

-STATUTE-

(a) Employer contribution

(1) In general

(A) General rule

(i) Contribution rate generally

Every employer shall pay a contribution, with respect to

having employees in his service, equal to the percentage

determined under subparagraph (B), (C), or (D), whichever is

applicable, of so much of the compensation paid in any

calendar month by such employer to any employee as is not in

excess of the monthly compensation base for that month as

computed under section 351(i) of this title.

(ii) Multiple employer limitation

If compensation is paid to an employee by more than one

employer in any calendar month -

(I) the contributions required by this subsection shall

not apply to any amount of the aggregate compensation paid

to such employee by all such employers in such calendar

month which is in excess of such monthly compensation base;

and

(II) each employer (other than a subordinate unit of a

national-railway-labor-organization employer) shall be

liable for that portion of the contribution with respect to

such compensation paid by all such employers which the

compensation paid by him to such employee bears to the

total compensation paid in such month by all such employers

to such employee.

In the event that the compensation paid by such employers to

the employee in such month is less than such monthly

compensation base, each subordinate unit of a

national-railway-labor-organization employer shall be liable

for such portion of any additional contribution as the

compensation paid by such employer to such employee in such

month bears to the total compensation paid by all such

employers to such employee in such month.

(B) Transitional rule

(i) 1st, 2d, and 3d calendar years

Except as provided in clause (vi), with respect to

compensation paid in calendar years 1988, 1989, and 1990, the

contribution rate shall be 8 percent.

(ii) 4th calendar year

With respect to compensation paid in calendar year 1991,

the contribution rate shall be the smaller of -

(I) the maximum contribution limit computed under

paragraph (20); or

(II) the percentage computed pursuant to the following

formula:

2A+B

R= G7 - - -

-

3

--------------------------------------------------------------------

(iii) 5th calendar year

With respect to compensation paid in calendar year 1992,

the contribution rate shall be the smaller of -

(I) the maximum contribution limit computed under

paragraph (20); or

(II) the percentage computed pursuant to the following

formula:

A+2C

R= G7 - - -

-

3

--------------------------------------------------------------------

(iv) Meaning of symbols

For purposes of the formulas in clauses (ii) and (iii) -

(I) "R" is the applicable contribution rate expressed as

a percentage for months in the calendar year;

(II) "A" is the contribution rate determined under clause

(i);

(III) "B" is the percentage rate for the employer, as

determined under subparagraph (C), for calendar year 1991;

and

(IV) "C" is the percentage rate for the employer, as

determined under subparagraph (C), for calendar year 1992.

(v) Special rule for certain computations

For purposes of computing B and C in such formulas -

(I) the percentage rate computed under subparagraph (C),

if more than the maximum contribution limit computed under

paragraph (20) shall not be reduced to that limit; and

(II) any computations which under subparagraph (C) are to

be made on the basis of a 4-quarter or a 12-quarter period

ending on a given June 30 shall be made on the basis of a

period beginning on January 1, 1990, and ending on that

June 30, and the amount so computed shall be increased to

an amount that bears the same ratio to the amount so

computed as 4 or 12, as appropriate, bears to the number of

calendar quarters in the period on which the computation

was based.

(vi) Special transition rule for public commuter railroads

With respect to each of calendar years 1989 and 1990, the

contribution of the National Railroad Passenger Corporation

and an employer which on November 10, 1988, is a publicly

funded and publicly operated carrier providing rail commuter

service shall be equal to the amount of benefits attributable

to such carrier, plus an amount equal to 0.65 percent of the

total compensation paid by that employer in that year on

which that employer's contribution would be based under

clause (i) if such employer's contribution were determined

under that clause.

(C) Experience-rated contributions

With respect to compensation paid in a calendar year that

begins after December 31, 1992, the contribution rate for each

employer shall be determined as follows:

(i) Step 1

Compute the employer's benefit ratio as of the preceding

June 30 to 4 decimal points in accordance with paragraph (2).

(ii) Step 2

Subtract the employer's reserve ratio as of the preceding

June 30 as computed to 4 decimal points in accordance with

paragraph (4).

(iii) Step 3

Subtract the pooled credit ratio for the calendar year, if

any, as computed to 4 decimal points in accordance with

paragraph (12).

(iv) Step 4

Multiply by 100 the total arrived at under the steps set

forth in clauses (i) through (iii) so as to obtain a

percentage rate, which shall be rounded to the nearest 100th

of 1 percent. If the total arrived at under such steps is 0

or less than 0, the percentage rate as so computed shall be

0.

(v) Step 5

Add 0.65 to the percentage rate arrived at under clause

(iv), representing the portion of the employer's contribution

which is to be deposited to the credit of the fund under

subsection (i) of this section.

(vi) Step 6

Add the surcharge rate for the calendar year, if any, as

computed under paragraph (14).

(vii) Step 7

Add the pooled charge ratio for the calendar year, if any,

as computed to 4 decimal points under paragraph (13) and

multiplied by 100.

(viii) Step 8

Reduce the precentage (!1) rate computed in accordance with

the preceding steps to the maximum contribution limit

computed under paragraph (20), if such rate is higher than

such limit. The rate computed in accordance with the

preceding steps, after any reduction under this clause, is

the contribution rate.

(D) New-employer contribution rates

Notwithstanding subparagraphs (B) and (C), the contribution

rate applicable to a new employer who does not become subject

to this chapter until after December 31, 1989, shall be

determined as follows:

(i) 1st calendar year

With respect to compensation paid in calendar months before

the end of the first full calendar year in which the employer

is subject to this chapter, the contribution rate shall be

the average contribution rate paid by all employers during

the 3 calendar years preceding the calendar year before the

calendar year in which the compensation is paid. The average

contribution rate shall be determined -

(I) by dividing the aggregate contributions paid by all

employers under this subsection in those 3 calendar years

by the aggregate compensation with respect to which such

contributions were paid; and

(II) by multiplying the resulting ratio as computed to 4

decimal points by 100.

(ii) 2d calendar year

With respect to compensation paid in calendar months in the

next calendar year, the contribution rate shall be the

smaller of -

(I) the maximum contribution limit computed under

paragraph (20); or

(II) the percentage rate computed pursuant to the

following formula:

2(A2)+B

R= G7A G7 - - - G7B

- -

3

--------------------------------------------------------------------

(iii) 3d calendar year

With respect to compensation paid in calendar months in the

third full calendar year in which the employer is subject to

the coverage of this chapter, the contribution rate shall be

the smaller of -

(I) the maximum contribution limit computed under

paragraph (20); or

(II) the percentage rate computed pursuant to the

following formula:

A3+2C

R= G7 - - -

-

3

--------------------------------------------------------------------

(iv) Subsequent calendar years

With respect to all calendar months in calendar years

subsequent to that calendar year, the contribution rate shall

be determined under subparagraph (C).

(v) Meaning of symbols

For purposes of the formulas in clauses (ii) and (iii) -

(I) "R" is the applicable contribution rate expressed as

a percentage for months in the calendar year;

(II) "A1" is the contribution rate determined under

clause (i) for such employer's first full calendar year;

(III) "A2" is the contribution rate which would have been

determined under clause (i) if the employer's second

calendar year had been its first full calendar year;

(IV) "A3" is the contribution rate which would have been

determined under clause (i) if the employer's third

calendar year had been such employer's first full calendar

year;

(V) "B" is the contribution rate for the employer as

determined under subparagraph (C) for the employer's second

full calendar year; and

(VI) "C" is the contribution rate for the employer as

determined under subparagraph (C) for the employer's third

full calendar year.

(vi) Special rule for certain computations

For purposes of computing B and C in such formulas -

(I) the percentage rate computed under subparagraph (C),

shall not be reduced under clause (viii) of that

subparagraph; and

(II) any computations which under subparagraph (C) are to

be made on the basis of a 4-quarter or 12-quarter period

ending on a given June 30 shall be made on the basis of a

period commencing with the first day of the first calendar

quarter that begins after the date on which the employer

first commenced paying compensation subject to this chapter

and ending on that June 30, and the amount so computed

shall be increased to an amount that bears the same ratio

to the amount so computed as 4 or 12, as appropriate, bears

to the number of calendar quarters in the period on which

the computation was based.

(2) Benefit ratio

An employer's benefit ratio as of any given June 30 shall be

determined by dividing all benefits charged to the employer under

paragraph (15) during the 12 calendar quarters ending on such

June 30 by the employer's 3-year compensation base as of such

June 30 as computed under paragraph (3).

(3) 3-year compensation base

An employer's 3-year compensation base as of any given June 30

is the aggregate compensation with respect to which contributions

were paid by the employer under this subsection in the 12

calendar quarters ending on such June 30.

(4) Reserve ratio

An employer's reserve ratio as of any given June 30 shall be

computed by dividing the employer's reserve balance as of such

June 30, as computed under paragraph (6), by that employer's

1-year compensation base as of such June 30, as computed under

paragraph (5). The employer's reserve ratio may be either a

positive or a negative figure, depending upon whether the

employer's reserve balance is a positive or negative figure.

(5) 1-year compensation base

An employer's 1-year compensation base as of any given June 30

is the aggregate compensation with respect to which contributions

were paid by the employer under this subsection in the 4 calendar

quarters ending on such June 30.

(6) Reserve balance

An employer's reserve balance as of any given June 30 shall be

determined by subtracting the employer's cumulative benefit

balance as of such June 30, computed under paragraph (7), from

the employer's net cumulative contribution balance as of such

June 30, computed under paragraph (8). An employer's reserve

balance may be either positive or negative, depending upon

whether or not that employer's net cumulative contribution

balance exceeds the employer's cumulative benefit balance.

(7) Cumulative benefit balance

An employer's cumulative benefit balance as of any given June

30 shall be determined by adding -

(A) the net amount of the benefits charged to the employer

under paragraph (15) on or after January 1, 1990; and

(B) the cumulative amount of the employer's unallocated

charges for the same period, if any, as computed under

paragraph (9).

(8) Net cumulative contribution balance

An employer's net cumulative contribution balance as of any

given June 30 shall be determined as follows:

(A) Step 1

Compute the sum of

(i) all contributions paid by the employer pursuant to this

subsection;

(ii) that portion of the tax imposed under section 3321(a)

of title 26 that is attributable to the surtax rate under

section 516(b) of the Railroad Unemployment Insurance and

Retirement Improvement Act of 1988; (!2) and

(iii) any taxes paid by the employer pursuant to section

3321(a) of title 26 (after the outstanding balance of loans

made under section 360(d) of this title before October 1,

1985, plus interest, have been paid);

on or after January 1, 1990.

(B) Step 2

Subtract an amount equal to the amount of such contributions

deposited to the credit of the fund under subsection (i) of

this section.

(C) Step 3

Add an amount equal to the aggregate amount by which such

contributions were reduced in prior calendar years as a result

of pooled credits, if any, under paragraph (1)(C)(iii).

(9) Unallocated charge

An employer's unallocated charge as of any given June 30 is the

amount that as of such June 30 bears the same ratio to the system

unallocated charge balance, computed under paragraph (10), as the

employer's 1-year compensation base, computed under paragraph

(5), bears to the system compensation base computed under

paragraph (11).

(10) System unallocated charge balance

The system unallocated charge balance as of any given June 30

shall be determined as follows:

(A) Step 1

Compute the aggregate amount of all interest paid by the

account on loans from the Railroad Retirement Account after

September 30, 1985, pursuant to section 360(d) of this title,

during the 4 calendar quarters ending on that June 30.

(B) Step 2

Add the aggregate amount of any additions to the system

unallocated charge balance specified in paragraphs (15) and

(16), during that period.

(C) Step 3

Add the aggregate amount of any other expenditures by the

account during that period not chargeable to any individual

employer under paragraph (15) or to the fund under section 361

of this title.

(D) Step 4

Subtract the aggregate amount of all income to the account,

under section 360(a)(iv) of this title or section 360(a)(vii)

of this title, during that period.

(E) Step 5

Subtract the aggregate amount of all transfers to the

account, pursuant to section 361(d) of this title, during that

period.

(F) Step 6

Subtract the aggregate amount of all other income and

receipts of the account, during that period, which are not

assigned to individual employer balances.

(G) Step 7

Subtract the net cumulative contribution balance of each

employer whose balance has been cancelled pursuant to paragraph

(16), during that period, calculated as of the date of such

cancellation.

(11) System compensation base

The system compensation base as of any given June 30 shall be

determined by adding together the amounts of the 1-year

compensation bases of all employers and employee representatives

subject to this chapter, computed in accordance with paragraph

(5), as of such June 30.

(12) Pooled credit ratio

The pooled credit ratio, if any, for a calendar year shall be

determined as follows:

(A) Step 1

Compute the balance to the credit of the account as of the

close of business on the preceding June 30, including any

amounts in the account attributable to loans made under section

360(d) of this title before October 1, 1985, but disregarding

the obligation to repay such loans and interest thereon. In

determining such balance as of June 30 of any year, so much of

the balance to the credit of the railroad unemployment

insurance administration fund as of the close of business on

such date as is in excess of $6,000,000 shall be deemed to be

part of the balance to the credit of such account. There will

be a pooled credit ratio for the calendar year only if that

balance is in excess of the greater of $250,000,000 or of the

amount that bears the same ratio to $250,000,000 as the system

compensation base as of that June 30 bears to the system

compensation base as of June 30, 1991, as computed in

accordance with paragraph (11).

(B) Step 2

If there is such an excess amount, divide that excess amount

by the system compensation base as of the June 30 preceding the

calendar year. The result is the pooled credit ratio for the

calendar year.

(13) Pooled charge ratio

The pooled charge ratio, if any, for a calendar year shall be

determined as follows:

(A) Step 1

With respect to each employer whose contribution rate for

that calendar year as computed through step 6 under paragraph

(1)(C) was greater than the maximum contribution limit computed

under paragraph (20), multiply the employer's 1-year

compensation base as of the preceding June 30, as computed in

accordance with paragraph (5), by the difference between -

(i) the percentage rate determined under subparagraph (B),

(C), or (D) of paragraph (1) before the reduction to the

maximum contribution limit; and

(ii) the maximum contribution limit.

(B) Step 2

Add the amounts arrived at under step 1 so as to obtain an

aggregate amount for all such employers.

(C) Step 3

For each employer whose contribution rate as computed through

step 3 under paragraph (1)(C) was less than 0, the percentage

rate by which such employer's rate was raised in order to bring

that rate to 0 shall be multiplied by that employer's 1-year

compensation base as of the preceding June 30. Subtract the

total of the amounts computed under the preceding sentence for

all employers from the amount arrived at in step 2.

(D) Step 4

Divide the aggregate amount arrived at under step 3 by the

system compensation base as of the preceding June 30 as

computed under paragraph (11) minus the one-year compensation

base of those employers whose rates computed through step 6 of

paragraph (1)(C) exceeded the maximum contribution rate

computed under paragraph (20). The result is the pooled charge

ratio for the calendar year.

(14) Surcharge rate

The surcharge rate for a calendar year, if any, shall be

determined as follows:

(A) Step 1

Compute the balance to the credit of the account as of the

close of business on the preceding June 30, including any

amounts in the account attributable to loans made under section

360(d) of this title before October 1, 1985, but disregarding

the obligation to repay such loans and interest thereon. In

determining such balance as of June 30 of any year, so much of

the balance to the credit of the railroad unemployment

insurance administration fund as of the close of business on

such date as is in excess of $6,000,000 shall be deemed to be

part of the balance to the credit of such account. There will

be a surcharge rate for the calendar year only if that balance

is less than the greater of $100,000,000 or of the amount that

bears the same ratio to $100,000,000 as the system compensation

base as of that June 30 bears to the system compensation base

as of June 30, 1991, as computed in accordance with paragraph

(11).

(B) Step 2

(i) If the balance to the credit of the account is less than

the greater of the amounts referred to in the 2nd sentence of

step 1 but is equal to or more than the greater of $50,000,000

or of the amount that bears the same ratio to $50,000,000 as

the system compensation base as of that June 30 bears to the

system compensation base as of June 30, 1991, then the

surcharge rate for the calendar year shall be 1.5 percent.

(ii) If the balance to the credit of the account is less than

the greater of the amounts referred to in the clause (i), but

greater than or equal to zero, then the surcharge rate for the

calendar year shall be 2.5 percent.

(iii) If the balance to the credit of the account is less

than zero, the surcharge rate for the calendar year shall be

3.5 percent.

(15) Chargeable benefits

(A) In general

Beginning January 1, 1990, all benefits paid to an employee

for days of unemployment or days of sickness shall be charged

to that employee's base year employer by adding amounts equal

to the amounts of such benefits to the employer's cumulative

benefit balance except that benefits paid by reason of strikes

or work stoppages growing out of labor disputes shall not be

added to the employer's cumulative benefit balance but instead

shall be added to the system unallocated charge balance.

(B) Adjustments

A sum equal to each amount realized in recovery for

overpayment, erroneous payment, or reimbursement of benefits

and credited to the account pursuant to section 360(a)(v) or

360(a)(viii) of this title shall be subtracted from the

cumulative benefit balances of the employers of the employees

to whom such an amount was paid as a benefit in the proportion

to the amount by which each such employer's cumulative benefit

balance was increased as a result of the payment of the

benefit.

(C) Multiple employers

(i) In general

All benefits paid to an employee who had more than 1

base-year employer shall be charged to the cumulative benefit

balances of the employee's base year employers -

(I) in reverse chronological order of the employee's

employment with each such employer in the base year if the

employer at the time of the claim was the last base year

employer, and the amount charged to each employer shall not

exceed the compensation paid by that employer to the

employee in the base year; and

(II) in all other cases, in the same ratio as the

compensation paid to such employee by the employer bears to

the total of such compensation paid to such employees by

all such employers in the base year.

(ii) Special rule for employer with cancelled balances

All benefits chargeable under this subparagraph to an

employer for which the Board has cancelled balances under

paragraph (16) shall be added to the system unallocated

charge balance.

(16) Defunct employer

Whenever the Board determines, pursuant to such regulations as

the Board may prescribe, that an employer has permanently ceased

to pay compensation with respect to which contributions are

payable pursuant to this subsection, the Board shall, effective

on the date of the Board's determination, transfer the employer's

net cumulative contribution balance as a subtraction from, and

cumulative benefit balance as an addition to, the system

unallocated charge balance and cancel all other accumulations of

the employer.

(17) Individual employer record

(A) In general

As of January 1, 1990, the Board shall commence maintaining

an individual employer record with respect to each employer,

and the records necessary to determine pooled charges, pooled

credits and unallocated charge balances for the system.

Whenever a new employer begins paying compensation with respect

to which contributions are payable pursuant to this subsection,

the Board shall establish and maintain an individual employer

record for such employer.

(B) Definition

As used in this paragraph, the term "individual employer

record" means a record of an individual employer's benefit

ratio, reserve ratio, 1-year compensation base, 3-year

compensation base, unallocated charge, reserve balance, net

cumulative contribution balance, and cumulative benefit

balance.

(18) Joint employer records

Pursuant to regulations prescribed by the Board, the Board may

allow 2 or more employers, upon application, to establish and

maintain, or to discontinue, a joint individual employer record

for such employers as though such joint record constituted a

single employer's individual employer record.

(19) Mergers, consolidations, or other changes in employer

identity

(A) With other employers

In the event of a merger, consolidation, unification, or

reorganization in which an employer combines with another

employer and the combination entails no partitioning of the

property of the employer, the individual employer records of

the 2 employers shall be combined into a joint individual

employer record if the parties request such joint treatment

pursuant to paragraph (18) or if the Board otherwise

determines, pursuant to regulations prescribed by the Board,

that such joint treatment is desirable.

(B) With nonemployers

In the event of a merger, consolidation, unification, or

reorganization in which an employer combines with another

entity that is not an employer, the employer's individual

employer record shall attach to the combined entity.

(C) Sale of assets

In the event property of an employer is sold or transferred

to another employer or other entity, or is partitioned among 2

or more employers or entities, the cumulative benefit balance,

net cumulative contribution balance, 1-year compensation base,

and 3-year compensation base of the employer shall be prorated

among the employers which receive the property, including any

entities which become employers by virtue of such transfer or

partition, in such equitable manner as the Board by regulation

shall prescribe.

(D) Reincorporation

The cumulative benefit balance, net cumulative contribution

balance, 1-year compensation base, and 3-year compensation base

of an employer that reincorporates or otherwise alters its

corporate identity in a transaction not involving a merger,

consolidation, or unification shall attach to the

reincorporated or altered entity.

(E) Abandonment

If an employer abandons property or discontinues service but

continues to operate as an employer, the employer's individual

employer record shall continue to be calculated as provided in

this subsection without retroactive adjustment.

(20) Maximum contribution limit

The maximum contribution limit with respect to a calendar year

is 12 percent, unless a 3.5 percent surcharge under paragraph

(14) is in effect with respect to that calendar year. If such a

surcharge is in effect the maximum contribution limit with

respect to that calendar year is 12.5 percent.

(21) Special rules for certain computations under paragraph

(1)(C)

(A) Any computation that is to be made under paragraph (1)(C)

on the basis of a 12-quarter period ending on a given June 30

shall be made on the basis of a period -

(i) beginning on the later of -

(I) January 1, 1990;

(II) the first day of the first calendar quarter that

begins after the date on which the employer first began to

pay compensation subject to this chapter; or

(III) July 1 of the third calendar year preceding that June

30; and

(ii) ending on that June 30.

(B) The amount computed under subparagraph (A) shall be

increased to an amount that bears the same ratio to the amount so

computed as 12 bears to the number of calendar quarters on which

the computation is based.

(b) Employee representative contribution

Each employee representative shall pay a contribution with

respect to so much of the compensation paid to him for services

performed as an employee representative as is not in excess of the

monthly compensation base computed in accordance with section

351(i) of this title, at a rate which shall be determined under

subsection (a) of this section in the same manner and with the same

effect as if the employee organization by which such employee

representative is employed were an employer as defined in this

chapter.

(c) Board proclamation of balance

(1) In general

Not later than October 15, 1990, and October 15 of each year

thereafter the Board shall proclaim -

(A) the balance to the credit of the account as of the

preceding June 30 for purposes of paragraphs (12) and (14) of

subsection (a) of this section;

(B) the balance of any advances to the account under section

360(d) of this title after September 30, 1985, that has not

been repaid with interest as provided in such section as of

September 30 of that year;

(C) the system compensation base as of that June 30 as

computed in accordance with paragraph (11) of that subsection;

(D) the system unallocated charge balance as of that June 30,

as computed in accordance with paragraph (10) of that

subsection; and

(E) the pooled credit ratio, the pooled charge ratio, and the

surcharge rate, if any, as determined under paragraph (12),

(13), or (14) of that subsection and applicable in the

following calendar year.

(2) Publication of notice

As soon as is practicable after such proclamation, the Board

shall publish notice in the Federal Register of the amounts so

determined and proclaimed.

(d) Notifications by Board

(1) Not later than the last day of any calendar quarter that

begins after March 31, 1990, the Board shall notify each employer

and employee representative of its net cumulative contribution

balance and cumulative benefit balance as of the end of the

preceding calendar quarter, as computed in accordance with

paragraphs (7) and (8) of subsection (a) of this section as of the

last day of such preceding calendar quarter rather than as of a

given June 30 if such last day is not a June 30.

(2) Not later than October 15, 1990, and October 15 of each year

thereafter, the Board shall notify each employer and employee

representative of its benefit ratio, reserve ratio, 1-year

compensation base, 3-year compensation base, unallocated charge,

and reserve balance as of the preceding June 30 as computed in

accordance with paragraphs (2), (3), (4), (5), (6), and (9) of

subsection (a) of this section, and of the contribution rate

applicable to the employer or employee representative in the

following calendar year as computed under paragraphs (1)(B), (C),

or (D) of that subsection.

(e) Information to verify accuracy to be made available

Notwithstanding any other provision of law, upon request by an

employer or employee representative, the Board shall make available

to such employer or employee representative any information

available to the Board which may be necessary to verify the

accuracy of a contribution rate determined by the Board to be

applicable to such employer or employee representative, or of any

component of that contribution rate including the accuracy of the

employer's individual employer record, upon payment by such

employer or employee representative to the Board of the cost

incurred by the Board in making such information available. The

amounts so paid to the Board shall be credited to and deposited in

the fund.

(f) Fractional parts of a cent

In the payment of any contribution under this chapter, a

fractional part of a cent shall be disregarded unless it amounts to

one-half cent or more, in which case it shall be increased to one

cent.

(g) Adjustments for improper payments

If more or less than the correct amount of the contribution

required by this section is paid with respect to any compensation,

then, under regulations prescribed under this chapter by the Board,

proper adjustments with respect to the contribution shall be made,

without interest, in connection with subsequent contribution

payments made under this chapter by the same employer or employee

representative.

(h) Refunding overpayment; collecting underpayment

If more or less than the correct amount of the contribution

required by this section is paid with respect to any compensation

and the overpayment or underpayment of the contribution cannot be

adjusted under subsection (d) of this section, the amount of the

overpayment shall be refunded from the account, or the amount of

the underpayment shall be collected, in such manner and at such

times (subject to the statute of limitations properly applicable

thereto) as may be prescribed by regulations of the Board.

(i) Collection and deposit of contributions

The contributions required by this chapter shall be collected by

the Board and shall be deposited by it with the Secretary of the

Treasury of the United States, such part thereof as equals 0.65 per

centum of the total compensation on which such contributions are

based to be deposited to the credit of the fund and the balance to

be deposited to the credit of the account.

(j) Time for payment; failure to pay promptly

The contributions required by this chapter shall be collected and

paid quarterly or at such other times and in such manner and under

such conditions not inconsistent with this chapter as may be

prescribed by regulations of the Board, and shall not be deducted,

in whole or in part, from the compensation of employees in the

employer's employ. If a contribution required by this chapter is

not paid when due, there shall be added to the amount payable

(except in the case of adjustments made in accordance with the

provisions of this chapter) interest at the rate of 1 per centum

per month or fraction of a month from the date the contribution

became due until paid. Any interest collected pursuant to this

subsection shall be credited to the account.

(k) Application of other laws; authority of Board

All provisions of law, including penalties, applicable with

respect to any tax imposed by the provisions of the Railroad

Retirement Tax Act [26 U.S.C. 3201 et seq.], insofar as applicable

and not inconsistent with the provisions of this chapter, shall be

applicable with respect to the contributions required by this

chapter: Provided, That all authority and functions conferred by or

pursuant to such provisions upon any officer or employee of the

United States, except the authority to institute and prosecute, and

the function of instituting and prosecuting, criminal proceedings,

shall, with respect to such contributions, be vested in and

exercised by the Board or such officers and employees of the Board

as it may designate therefor. The remedies available under the

first sentence of this subsection for an employer or employee

representative who contests the amount of contributions payable by

him shall also apply with respect to a contention that the

contribution rate determined by the Board under subsection (a) or

(b) of this section to be applicable to such employer or employee

representative is inaccurate or otherwise improper.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 8, 52 Stat. 1102; July 31, 1946, ch.

709, Sec. 318, 60 Stat. 739; June 23, 1948, ch. 608, Secs. 4, 5(a),

6, 62 Stat. 577, 578; Aug. 31, 1954, ch. 1164, pt. III, Secs. 305,

306, 68 Stat. 1042; Pub. L. 85-927, pt. II, Sec. 203, Sept. 6,

1958, 72 Stat. 1782; Pub. L. 86-28, pt. III, Secs. 306, 307, May

19, 1959, 73 Stat. 32; Pub. L. 88-133, title III, Secs. 303(a),

304, Oct. 5, 1963, 77 Stat. 222, 223; Pub. L. 89-700, title II,

Sec. 204, title III, Sec. 301(i), (ii), Oct. 30, 1966, 80 Stat.

1087, 1088; Pub. L. 94-92, title I, Sec. 1(g), (h), Aug. 9, 1975,

89 Stat. 463; Pub. L. 97-35, title XI, Sec. 1128(b), Aug. 13, 1981,

95 Stat. 641; Pub. L. 98-76, title V, Sec. 503(a), Aug. 12, 1983,

97 Stat. 440; Pub. L. 100-647, title VII, Secs. 7102(a)-(d),

7103(a), Nov. 10, 1988, 102 Stat. 3759-3770; Pub. L. 101-322, Sec.

8(a), July 6, 1990, 104 Stat. 297.)

-REFTEXT-

REFERENCES IN TEXT

Section 516(b) of the Railroad Unemployment Insurance and

Retirement Improvement Act of 1988, referred to in subsec.

(a)(8)(A)(ii), probably means section 7106(b) of Pub. L. 100-647,

title VII, Nov. 10, 1988, 102 Stat. 3773, which is set out as a

note under section 3321 of Title 26, Internal Revenue Code.

The Railroad Retirement Tax Act, referred to in subsec. (k), is

act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221, and

3231 to 3233, 68A Stat. 431, as amended, which is classified

generally to chapter 22 (Sec. 3201 et seq.) of Title 26. For

complete classification of this Act to the Code, see section 3233

of Title 26 and Tables.

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1)(B)(vi). Pub. L. 101-322 inserted "the

National Railroad Passenger Corporation and" after "the

contribution of".

1988 - Subsec. (a). Pub. L. 100-647, Sec. 7102(a), added subsec.

(a) and struck out former subsec. (a) which consisted of two

undesignated pars.

Subsec. (b). Pub. L. 100-647, Sec. 7102(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Each

employee representative shall pay a contribution with respect to so

much of the compensation paid to him for services performed as an

employee representative during any month as is not, for any such

calendar month, in excess of $600, at the rate applicable to

employers in accordance with subsection (a) of this section. The

compensation of an employee representative and the contribution

with respect thereto shall be determined in the same manner and

with the same effect as if the employee organization by which such

employee representative is employed were an employer as defined in

this chapter."

Subsecs. (c) to (g). Pub. L. 100-647, Sec. 7102(d), added

subsecs. (c) to (e) and redesignated former subsecs. (c) to (g) as

(f) to (j), respectively.

Subsec. (h). Pub. L. 100-647, Sec. 7102(d)(1), redesignated

former subsec. (e) as (h). Former subsec. (h) redesignated (k).

Pub. L. 100-647, Sec. 7102(c), inserted at end "The remedies

available under the first sentence of this subsection for an

employer or employee representative who contests the amount of

contributions payable by him shall also apply with respect to a

contention that the contribution rate determined by the Board under

subsection (a) or (b) of this section to be applicable to such

employer or employee representative is inaccurate or otherwise

improper."

Subsec. (i). Pub. L. 100-647, Sec. 7103(a), substituted "0.65"

for "0.5".

Pub. L. 100-647, Sec. 7102(d)(1), redesignated former subsec. (f)

as (i).

Subsecs. (j), (k). Pub. L. 100-647, Sec. 7102(d)(1), redesignated

former subsecs. (g) and (h) as (j) and (k), respectively.

1983 - Subsec. (a). Pub. L. 98-79, Sec. 503(a)(1), amended

provisions preceding table generally. Prior to amendment, such

provisions read as follows: "Every employer shall pay a

contribution, with respect to having employees in his service,

equal to the percentage determined as set forth below of so much of

the compensation as is not in excess of $300 for any calendar month

paid by him to any employee for services rendered to him after June

30, 1939, and before July 1, 1954, and is not in excess of $350 for

any calendar month paid by him to any employee for services

rendered to him after June 30, 1954, and before June 1, 1959, and

is not in excess of $400 for any calendar month paid by him to any

employee for services rendered to him after May 31, 1959: Provided,

however, That if compensation is paid to an employee by more than

one employer with respect to any such calendar month, the

contributions required by this subsection shall apply to not more

than $300 for any month before July 1, 1954, and to not more than

$350 for any month after June 30, 1954, and before June 1, 1959,

and to not more than $400 for any month after May 31, 1959, of the

aggregate compensation paid to said employee by all said employers

with respect to such calendar month, and each employer other than a

subordinate unit of a national railway-labor-organization employer

shall be liable for that proportion of the contribution with

respect to such compensation paid by all such employers which the

compensation paid by him after December 31, 1946, to the employee

for services during any calendar month after 1946 bears to the

total compensation paid by all such employers after December 31,

1946, to such employee for services rendered during such month; and

in the event that the compensation so paid by such employers to the

employee for services rendered during such month is less than $300

if such month is before July 1, 1954, or less than $350 if such

month is after June 30, 1954, and before June 1, 1959, or less than

$400 if such month is after May 31, 1959, each subordinate unit of

a national railway-labor-organization employer shall be liable for

such proportion of any additional contribution as the compensation

paid by such employer after December 31, 1946, to such employee for

services rendered during such month bears to the total compensation

paid by all such employers after December 31, 1946, to such

employee for services rendered during such month:

"1. With respect to compensation paid prior to January 1, 1948,

the rate shall be 3 per centum;

"2. With respect to compensation paid after the month in which

this chapter was amended in 1959, the rate shall be as follows:".

Subsec. (b). Pub. L. 98-76, Sec. 503(a)(2), struck out "after

December 1975" after "during any month", and substituted "$600" for

"$400".

1981 - Subsec. (f). Pub. L. 97-35 substituted "equals 0.5 per

centum" for "equals 0.25 per centum".

1975 - Subsec. (a). Pub. L. 94-92, Sec. 1(g), substituted table

reading:

"$300,000,000 or more 0.5

$200,000,000 or more but less than $300,000,000 4.0

$100,000,000 or more but less than $200,000,000 5.5

$50,000,000 or more but less than $100,000,000 7.0

Less than $50,000,000 8.0"

for prior provisions reading:

"$450,000,000 or more 1

1/2

$400,000,000 or more but less than $450,000,000 2

$350,000,000 or more but less than $400,000,000 2

1/2

$300,000,000 or more but less than $350,000,000 3

Less than $300,000,000 4"

--------------------------------------------------------------------

Subsec. (b). Pub. L. 94-92, Sec. 1(h), substituted "Each employee

representative shall pay a contribution with respect to so much of

the compensation paid to him for services performed as an employee

representative during any month after December 1975 as is not, for

any such calendar month, in excess of $400, at the rate applicable

to employers in accordance with subsection (a) of this section."

for "Each employee representative shall pay, with respect to his

income, a contribution equal to 4 per centum of so much of the

compensation of such employee representative as is not in excess of

$300 for any calendar month, paid to him for services performed as

an employee representative after June 30, 1939, and before July 1,

1954, and as is not in excess of $350 paid to him for services

rendered as an employee representative in any calendar month after

June 30, 1954, and before June 1, 1959, and as is not in excess of

$400 paid to him for services rendered as an employee

representative in any calendar month after May 31, 1959."

1966 - Subsec. (a). Pub. L. 89-700, Sec. 301(i), (ii),

substituted "before June 1, 1959" for "before the calendar month

next following the month in which this Act was amended in 1959",

and "after May 31, 1959" for "after the month in which this Act was

so amended".

Subsec. (b). Pub. L. 89-700, Secs. 204(a), 301(i), (ii),

increased contribution rate from 3 3/4 per centum to 4 per centum,

and substituted "before June 1, 1959" for "before the calendar

month next following the month in which this Act was amended in

1959", and "after May 31, 1959" for "after the month in which this

Act was so amended".

Subsec. (h). Pub. L. 89-700, Sec. 204(b), substituted "the

provisions of the Railroad Retirement Tax Act" for "section 1800 or

2700 of title 26, and the provisions of section 3661 of title 26".

1963 - Subsec. (a). Pub. L. 88-133, Sec. 303(a), increased

contribution rate in table from 3 3/4 to 4 percent when balance to

credit of railroad unemployment insurance account as of close of

business on Sept. 30 of any year is less than $300,000,000.

Subsec. (f). Pub. L. 88-133, Sec. 304, increased amount of

contributions to be deposited to credit of fund from 0.2 per centum

to 0.25 per centum of total compensation on which such

contributions are based.

1959 - Subsec. (a). Pub. L. 86-28, Sec. 306, increased earnings

base from $350 to $400 per month for months after May 1959 for

purposes of unemployment insurance contributions, and contribution

rates with respect to compensation paid after May 1959 by 1 percent

for each of the categories over $300,000,000, by 1 1/4 percent

when the balance was $250,000,000 or more but less than

$300,000,000, and by 3/4 of 1 percent where the balance was less

than $250,000,000.

Subsec. (b). Pub. L. 86-28, Sec. 307, increased contribution rate

from 3 to 3 3/4 per centum and maximum amount of compensation for

which contribution is payable from $350 to $400 for services

rendered in any calendar month after May 1959.

1958 - Subsec. (a). Pub. L. 85-927 inserted provision deeming

balance to credit of fund a part of balance to credit of account.

1954 - Subsecs. (a), (b). Act Aug. 31, 1954, increased earnings

base from $300 to $350 per month after June 30, 1954 for purposes

of unemployment insurance contributions.

1948 - Subsec. (a). Act June 23, 1948, Secs. 4, 5(a), substituted

for flat 3 percent contribution rate a sliding scale under which

tax rate is automatically adjusted in accordance with amount of

reserves in unemployment insurance account as of close of business

on Sept. 30 of each year.

Subsec. (f). Act June 23, 1948, Sec. 6, changed rates of credits

to account and fund.

1946 - Subsec. (a). Act July 31, 1946, Sec. 318(a), changed basis

of contributions from compensation payable during a month to

compensation paid during the month and inserted provisions relating

to proration of contributions where one of the employers is a

railway labor organization.

Subsec. (h). Act July 31, 1946, Sec. 318(b), substituted

references to sections of the Internal Revenue Code for references

to the sections of the Internal Revenue Acts of 1926 and 1934 from

which they were derived.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 8(b) of Pub. L. 101-322 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

as of January 1, 1989."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7102(e) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall take effect upon

the date of the enactment of this Act [Nov. 10, 1988]."

Section 7103(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section and sections 360 and

361 of this title] shall apply with respect to compensation paid in

months beginning after September 30, 1988."

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-76 applicable to compensation paid for

services rendered after Dec. 31, 1983, see section 503(c) of Pub.

L. 98-76, set out as a note under section 351 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, and applicable

only with respect to annuities awarded on or after that date, see

section 1129 of Pub. L. 97-35, set out as a note under section 231

of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-92 effective with respect to compensation

paid for services rendered after Dec. 31, 1975, see section 2 of

Pub. L. 94-92, set out as a note under section 351 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Section 303(a) of Pub. L. 88-133 provided that the amendment made

by that section is effective with respect to compensation paid

after Dec. 31, 1963.

Section 304 of Pub. L. 88-133 provided that the amendment made by

that section is effective with respect to contributions collected

by the Railroad Retirement Board after Dec. 31, 1961.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by sections 306(4), (5) and 307(1) of Pub. L. 86-28

effective first day of calendar month next following May 1959, and

applicable only with respect to compensation paid for services

rendered in calendar months after May 1959, see section 309 of Pub.

L. 86-28, set out as a note under section 351 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-927 effective Sept. 6, 1958, except as

otherwise indicated, see section 207(c) of Pub. L. 85-927, set out

as a note under section 351 of this title.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 31, 1954, effective July 1, 1954, see

section 401 of act Aug. 31, 1954, set out as a note under section

351 of this title.

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act July 31, 1946, effective Jan. 1, 1947, see

section 402 of act July 31, 1946.

ADJUSTMENT OR REFUND OF EXCESSIVE CONTRIBUTIONS

Section 5(b) of act June 23, 1948, provided that: "Contributions

paid under subsection (a) of section 8 of the Railroad Unemployment

Insurance Act, as amended [subsec. (a) of this section], prior to

the enactment of the foregoing amendment thereof [June 23, 1948]

which are in excess of those required by said subsection as so

amended shall be subject to adjustment or refund in accordance with

the provisions of subsections (d) and (e) of said section 8

[subsecs. (d) and (e) of this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 352, 360, 404 of this

title; title 26 sections 51, 3322; title 49 section 24104.

-FOOTNOTE-

(!1) So in original. Probably should be "percentage".

(!2) See References in Text note below.

-End-

-CITE-

45 USC Sec. 359 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 359. Penalties

-STATUTE-

(a) Failure to make report or furnish information; false or

fraudulent statement or claim

Any officer or agent of an employer, or any employee

representative, or any employee acting in his own behalf, or any

person whether or not of the character hereinbefore defined, who

shall willfully fail or refuse to make any report or furnish any

information required by the Board in the administration of this

chapter, or who shall knowingly make or aid in making or cause to

be made any false or fraudulent statement or report when a

statement or report is required to be made for the purposes of this

chapter, or who shall knowingly make or aid in making or cause to

be made any false or fraudulent statement or claim for the purpose

of causing benefits or other payment to be made or not to be made

under this chapter, shall be punished by a fine of not more than

$10,000 or by imprisonment not exceeding one year, or both.

(b) Agreement by employee to bear employer's contribution

Any agreement by an employee to pay all or any portion of the

contribution required of his employer under this chapter shall be

void, and it shall be unlawful for any employer, or officer or

agent of an employer, to make, require, or permit any employee to

bear all or any portion of such contribution. Any employer, or

officer or agent of an employer, who violates any provision of this

subsection shall be punished for each such violation by a fine of

not more than $10,000 or by imprisonment not exceeding one year, or

both.

(c) Punishments not specifically provided

Any person who violates any provision of this chapter, the

punishment for which is not otherwise provided, shall be punished

for each such violation by a fine of not more than $1,000 or by

imprisonment not exceeding one year, or both.

(d) Payment and disposition of fines or penalties

All fines and penalties imposed by a court pursuant to this

chapter shall be paid to the court and be remitted from time to

time by order of the judge to the Treasury of the United States to

be credited to the account.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 9, 52 Stat. 1103.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 354 of this title.

-End-

-CITE-

45 USC Sec. 360 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 360. Railroad unemployment insurance account

-STATUTE-

(a) Funds constituting account; availability for benefits or

refunds

The Secretary of the Treasury shall maintain in the unemployment

trust fund established pursuant to section 1104 of title 42 an

account to be known as the railroad unemployment insurance account.

This account shall consist of (i) such part of all contributions

collected pursuant to section 358 of this title as is in excess of

0.65 per centum of the total compensation on which such

contributions are based, together with all interest collected

pursuant to section 358(g) (!1) of this title; (ii) all amounts

transferred or paid into the account pursuant to section 363 or

section 364 of this title; (iii) all additional amounts

appropriated to the account in accordance with any provision of

this chapter or with any provision of law now or hereafter adopted;

(iv) a proportionate part of the earnings of the unemployment trust

fund, computed in accordance with the provisions of section 1104(e)

of title 42; (v) all amounts realized in recoveries for

overpayments or erroneous payments of benefits; (vi) all amounts

transferred thereto pursuant to section 361 of this title; (vii)

all fines or penalties collected pursuant to the provisions of this

chapter; and (viii) all amounts credited thereto pursuant to

section 352(f) or section 362(g) of this title. Notwithstanding any

other provision of law, all moneys credited to the account shall be

mingled and undivided, and are permanently appropriated to the

Board to be continuously available to the Board without further

appropriation, for the payment of benefits and refunds under this

chapter, and no part thereof shall lapse at any time, or be carried

to the surplus fund or any other fund.

(b) Payment of benefits or refunds

All moneys in the account shall be used solely for the payment of

the benefits and refunds provided for by this chapter. The Board

shall, from time to time, certify to the Secretary of the Treasury

the name and address of each person or company entitled to receive

benefits or a refund payment under this chapter, the amount of such

payment, and the time at which it shall be made. Prior to audit or

settlement by the General Accounting Office, the Secretary of the

Treasury, through the Fiscal Service of the Treasury Department,

shall make payments from the account directly to such person or

company of the amount of benefits or refund so certified by the

Board: Provided, however, That if the Board shall so request, the

Secretary of the Treasury, through the Fiscal Service of the

Treasury Department, shall transmit benefits payments to the Board

for distribution by it through employment offices or in such other

manner as the Board deems proper.

(c) Annual report to Congress

The Board shall include in its annual report to Congress a

statement with respect to the status and operation of the account.

(d) Transfer and retransfer of funds; interest

Whenever the Board finds at any time that the balance in the

railroad unemployment insurance account will be insufficient to pay

the benefits and refunds which it estimates are due, or will become

due, under this chapter, it shall request the Secretary of the

Treasury to transfer from the Railroad Retirement Account to the

credit of the railroad unemployment insurance account such moneys

as the Board estimates would be necessary for the payment of such

benefits and refunds, and the Secretary shall make such transfer.

Whenever the Board finds that the balance in the railroad

unemployment insurance account, without regard to the amounts

transferred pursuant to the next preceding sentence, is sufficient

to pay such benefits and refunds, it shall request the Secretary of

the Treasury to retransfer from the railroad unemployment insurance

account to the credit of the Railroad Retirement Account such

moneys as in its judgment are not needed for the payment of such

benefits and refunds, plus interest at a rate for each fiscal year

equal to the average rate of interest borne by all special

obligations held by the Railroad Retirement Account on the last day

of the preceding fiscal year, rounded to the nearest multiple of

one-eighth of 1 per centum, and the Secretary shall make such

retransfer. In determining the balance in the railroad unemployment

insurance account as of September 30 of any year pursuant to

section 358(a) of this title, any moneys transferred from the

Railroad Retirement Account to the credit of the railroad

unemployment insurance account which have not been retransferred as

of such date from the latter account to the credit of the former,

plus the interest accrued thereon to that date, shall be

disregarded.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 10 (less (e)-(g)), 52 Stat. 1104;

June 20, 1939, ch. 227, Sec. 13, 53 Stat. 848; 1940 Reorg. Plan No.

III, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231;

June 23, 1948, ch. 608, Sec. 7, 62 Stat. 578; Pub. L. 86-28, pt.

III, Sec. 308(a), May 19, 1959, 73 Stat. 32; Pub. L. 88-133, title

III, Sec. 305, Oct. 5, 1963, 77 Stat. 223; Pub. L. 89-700, title

II, Sec. 205, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257, title

II, Sec. 205, Feb. 15, 1968, 82 Stat. 24; Pub. L. 93-445, title IV,

Sec. 403, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94-92, title I,

Sec. 1(i), Aug. 9, 1975, 89 Stat. 464; Pub. L. 98-76, title III,

Sec. 302, Aug. 12, 1983, 97 Stat. 432; Pub. L. 99-107, Sec. 4,

Sept. 30, 1985, 99 Stat. 479; Pub. L. 99-155, Sec. 2(c), Nov. 14,

1985, 99 Stat. 814; Pub. L. 99-181, Sec. 3, Dec. 13, 1985, 99 Stat.

1172; Pub. L. 99-189, Sec. 3, Dec. 18, 1985, 99 Stat. 1184; Pub. L.

99-272, title XIII, Sec. 13302, Apr. 7, 1986, 100 Stat. 327; Pub.

L. 100-647, title VII, Sec. 7103(b)(1), Nov. 10, 1988, 102 Stat.

3770.)

-REFTEXT-

REFERENCES IN TEXT

Section 358(g) of this title, referred to in subsec. (a), was

redesignated section 358(j) of this title by Pub. L. 100-647, title

VII, Sec. 7102(d)(1), Nov. 10, 1988, 102 Stat. 3769.

-COD-

CODIFICATION

Section 10(e)-(g) of act June 25, 1938, amended section 1104 of

Title 42, The Public Health and Welfare.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-647 substituted "0.65" for "0.5".

1986 - Subsec. (d). Pub. L. 99-272 struck out at end "No transfer

shall be made under this subsection from Railroad Retirement

Account after December 19, 1985, and no such transfer shall be made

on or before December 19, 1985, for purposes of paying benefits and

refunds due after such date."

1985 - Subsec. (d). Pub. L. 99-189 substituted "December 19,

1985" for "December 18, 1985" wherever appearing.

Pub. L. 99-181 substituted "December 18, 1985" for "December 14,

1985" wherever appearing.

Pub. L. 99-155 substituted "December 14, 1985" for "November 14,

1985" wherever appearing.

Pub. L. 99-107 substituted "November 14, 1985" for "September 30,

1985" wherever appearing.

1983 - Subsec. (d). Pub. L. 98-76 inserted provisions that no

transfer shall be made under this subsection from Railroad

Retirement Account after September 30, 1985, and no such transfer

shall be made on or before September 30, 1985, for purposes of

paying benefits and refunds due after such date.

1975 - Subsec. (a)(i). Pub. L. 94-92, Sec. 1(i)(1), substituted

"0.5" for "0.25".

Subsec. (a)(ii). Pub. L. 94-92, Sec. 1(i)(2), struck out "and

pursuant to subsection (h)[e] of this section". Congress probably

intended to strike out internal reference to subsec. (e) of this

section in view of repeal of subsection by section 403 of Pub. L.

93-445 and it being last subsection of section.

1974 - Subsec. (e). Pub. L. 93-445 repealed subsec. (e) which was

added by Pub. L. 90-257 as subsec. (h) and redesignated (e) for

purposes of codification, and which provided for annual adjustment

of account and transfer of funds from Railroad Retirement Account.

1968 - Subsec. (a)(ii). Pub. L. 90-257 inserted reference to

amounts transferred or paid into account pursuant to subsec. (e) of

this section.

Subsec. (e). Pub. L. 90-257 added subsec. (e) which was subsec.

(h) in original and was redesignated (e) for purposes of

codification.

1966 - Subsec. (a). Pub. L. 89-700 substituted "0.25 per centum"

for "0.2 per centum".

1963 - Subsec. (d). Pub. L. 88-133 substituted "a rate for each

fiscal year equal to the average rate of interest borne by all

special obligations held by the Railroad Retirement Account on the

last day of the preceding fiscal year, rounded to the nearest

multiple of one-eighth of 1 per centum" for "the rate of 3 per

centum per annum."

1959 - Subsec. (d). Pub. L. 86-28 substituted provisions

authorizing Board to request transfer and retransfer of funds for

provisions which directed Secretary of the Treasury to advance not

more than $25,000,000 for purpose of paying benefits.

1948 - Subsec. (a)(i). Act June 23, 1948, changed computation of

insurance account.

1939 - Subsec. (a). Act June 20, 1939, substituted "(f)" for

"(g)".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable with respect to

compensation paid in months beginning after Sept. 30, 1988, see

section 7103(c) of Pub. L. 100-647, set out as a note under section

358 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-92 effective with respect to compensation

paid for services rendered after Dec. 31, 1975; and effective Aug.

9, 1975, respectively, see section 2 of Pub. L. 94-92, set out as a

note under section 351 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section

603 of Pub. L. 93-445, set out as a note under section 402 of Title

42, The Public Health and Welfare.

EFFECTIVE DATE OF 1963 AMENDMENT

Section 305 of Pub. L. 88-133 provided that the amendment made by

that section is effective after June 30, 1964.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 308(b) of Pub. L. 86-28 provided that: "The amendment

made by this section [amending this section] shall take effect on

the date of enactment of this Act [May 19, 1959]."

-TRANS-

TRANSFER OF FUNCTIONS

"Fiscal Service" substituted for "Division of Disbursements" in

two places in subsec. (b) on authority of section 1(a)(1) of Reorg.

Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat.

1231, set out in the Appendix to Title 5, Government Organization

and Employees, which consolidated such division into Fiscal Service

of Treasury Department. See section 306 of Title 31, Money and

Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 231u, 351, 358 of this

title; title 26 section 3321.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

45 USC Sec. 361 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 361. Railroad unemployment insurance administration fund

-STATUTE-

(a) Maintenance of account; amounts constituting fund

The Secretary of the Treasury shall maintain in the unemployment

trust fund established pursuant to section 904 of the Social

Security Act [42 U.S.C. 1104] an account to be known as the

railroad unemployment insurance administration fund. This

unemployment insurance administration fund shall consist of (i)

such part of all contributions collected pursuant to section 358 of

this title as equals 0.65 per centum of the total compensation on

which such contributions are based; (ii) all amounts advanced to

the fund by the Secretary of the Treasury pursuant to this section;

(iii) all amounts appropriated by subsection (b) of this section;

and (iv) such additional amounts as Congress may appropriate for

expenses necessary or incidental to administering this chapter.

Such additional amounts are authorized to be appropriated.

(b) Authorization of appropriations; advance of sums; repayment

In addition to the other moneys herein provided for expenses

necessary or incidental to administering this chapter, there is

appropriated to the fund such amount as the Secretary of the

Treasury and the Board shall jointly estimate to have been

collected or to be collectible with respect to the calendar years

1936, 1937, 1938, and 1939, from employers subject to this chapter,

under title IX of the Social Security Act, less such amount as the

Secretary of the Treasury and the Board shall jointly estimate will

be appropriated or has been appropriated to States or Territories

pursuant to the Act of Congress approved August 24, 1937 (Public,

Numbered 353, Seventy-fifth Congress), as proceeds of taxes paid by

employers pursuant to title IX of the Social Security Act.

Until the amount appropriated by this subsection is credited to

the fund, the Secretary of the Treasury is directed to advance to

the credit of the fund such sums, but not more than $2,000,000, as

the Board requests for the purpose of financing the costs of

administering this chapter. Such advance shall be repaid from the

fund at such time after the amount appropriated by this subsection

is credited to the fund as the Board by agreement with the

Secretary of the Treasury may determine, but not later than January

1, 1940.

(c) Availability for administrative expenses

Notwithstanding any other provision of law, all moneys at any

time credited to the fund are permanently appropriated to the Board

to be continuously available to the Board without further

appropriation for any expenses necessary or incidental to

administering this chapter, including personal services in the

District of Columbia and elsewhere; travel expenses, including

expenses of attendance at meetings when authorized by the Board;

actual transportation expenses and not to exceed $10 per diem to

cover subsistence and other expenses while in attendance at and en

route to and from the place to which he is invited, to any person

other than an employee of the Federal Government who may, from time

to time, be invited to the city of Washington or elsewhere for

conference or advisory purposes in furthering the work of the

Board; when found by the Board to be in the interest of the

Government, not exceeding 3 per centum, in any fiscal year, of the

amounts credited during such year to the fund, for engaging persons

or organizations, by contract or otherwise, for any special

technical or professional services, determined necessary by the

Board, including but not restricted to accounting, actuarial,

statistical, and reporting services, without regard to section 5 of

title 41 and the provisions of other laws applicable to the

employment and compensation of officers and employees of the United

States; services; advertising, postage, telephone, telegraph,

teletype, and other communication services and tolls; supplies;

reproducing, photographing, and all other equipment, office

appliances, and laborsaving devices, including devices for internal

communication and conveyance; purchase and exchange, operation,

maintenance and repair of motor-propelled passenger-carrying

vehicles to be used only for official purposes in the District of

Columbia and in the field; printing and binding; purchase and

exchange of law books, books of reference, and directories;

periodicals, newspapers and press clippings, in such amounts as the

Board deems necessary, without regard to the provisions of section

192 of the Revised Statutes; manuscripts and special reports;

membership fees or dues in organizations which issue publications

to members only, or to members at a lower price than to others,

payment for which may be made in advance; rentals, including

garages, in the District of Columbia or elsewhere; alterations and

repairs; if found by the Board to be necessary to expedite the

certification to the Board by the Director of the Office of

Personnel Management of persons eligible to be employed by the

Board, and to the extent that the Board finds such expedition

necessary, meeting the expenses of the Director of the Office of

Personnel Management in holding examinations for testing the

fitness of applicants for admission to the classified service for

employment by the Board pursuant to the second paragraph of section

362(l) of this title, but not to exceed the additional expenses

found by the Board to have been incurred by reason of the holding

of such examinations; and miscellaneous items, including those for

public instruction and information deemed necessary by the Board:

Provided, That section 5 of title 41 shall not be construed to

apply to any purchase or procurement of supplies or services by the

Board from moneys in the fund when the aggregate amount involved

does not exceed $300. Determinations of the Board whether the fund

or an appropriation for the administration of the Railroad

Retirement Act of 1974 [45 U.S.C. 231 et seq.] is properly

chargeable with the authorized expenses, or parts thereof, incurred

in the administration of such Act, or of this chapter, shall be

binding and conclusive for all purposes and upon all persons,

including the Comptroller General and any other administrative or

accounting officer, employee, or agent of the United States and

shall not be subject to review in any manner.

(d) Transfer of excess to insurance account

So much of the balance in the fund as of September 30 of each

year as is in excess of $6,000,000 shall as of such date be

transferred from the fund and credited to the account.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 11, 52 Stat. 1105; June 20, 1939, ch.

227, Secs. 14, 15, 53 Stat. 848; Oct. 10, 1940, ch. 842, Sec. 22,

54 Stat. 1099; June 23, 1948, ch. 608, Sec. 8, 62 Stat. 578; Pub.

L. 85-927, pt. II, Sec. 205, Sept. 6, 1958, 72 Stat. 1783; Pub. L.

89-700, title II, Sec. 205, Oct. 30, 1966, 80 Stat. 1087; Pub. L.

93-445, title IV, Sec. 404, Oct. 16, 1974, 88 Stat. 1359; Pub. L.

94-92, title I, Sec. 1(j), Aug. 9, 1975, 89 Stat. 464; Pub. L.

94-273, Sec. 2(22), Apr. 21, 1976, 90 Stat. 376; 1978 Reorg. Plan

No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783;

Pub. L. 100-647, title VII, Sec. 7103(b)(2), Nov. 10, 1988, 102

Stat. 3770.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title IX of the Social

Security Act was formerly classified generally to subchapter IX

(Sec. 1101 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare, and, except for section 1104 of Title 42, was omitted from

the Code pursuant to section 4 of act Feb. 10, 1939, ch. 2, 53

Stat. 1. For further details, see Prior Provisions note preceding

section 1101 of Title 42. For complete classification of the Social

Security Act to the Code, see section 1305 of Title 42 and Tables.

Act of Congress approved August 24, 1937, referred to in subsec.

(b), is act Aug. 24, 1937, ch. 755, 50 Stat. 754, which is not

classified to the Code.

Section 192 of the Revised Statutes, referred to in subsec. (c),

which related to expenditures for newspapers and which was

classified to section 102 of former Title 5, was repealed by act

Aug. 2, 1946, ch. 744, Sec. 17(a), 60 Stat. 811.

The Railroad Retirement Act of 1974, referred to in subsec. (c),

is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L.

93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is

classified generally to subchapter IV (Sec. 231 et seq.) of chapter

9 of this title. For further details and complete classification of

this Act to the Code, see Codification note set out preceding

section 231 of this title, section 231t of this title, and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-647 substituted "0.65" for "0.5".

1976 - Subsec. (d). Pub. L. 94-273 substituted "September" for

"June".

1975 - Subsec. (a)(i). Pub. L. 94-92 substituted "0.5" for

"0.25".

1974 - Subsec. (c). Pub. L. 93-445 substituted "Railroad

Retirement Act of 1974" and "such Act" for "Railroad Retirement Act

of 1937 and the Railroad Retirement Act of 1935" and "such Acts",

respectively.

1966 - Subsec. (a). Pub. L. 89-700 substituted "0.25 per centum"

for "0.2 per centum".

1958 - Subsec. (a). Pub. L. 85-927 substituted provisions

directing Secretary of the Treasury to maintain in unemployment

trust fund established pursuant to section 1104 of title 42 an

account to be known as the railroad unemployment insurance

administration fund, for provisions which established railroad

unemployment insurance administration fund in Treasury of United

States.

1948 - Subsec. (a)(i). Act June 23, 1948, changed computation of

administration funds.

1940 - Subsec. (d). Act Oct. 10, 1940, substituted provisions

relating to transfer of balance remaining in fund in excess of

$6,000,000, for provisions relating to lapsing of fund, carryovers

to surplus or other fund, and transfers from fund.

1939 - Subsec. (b). Act June 20, 1939, Sec. 14, substituted ".

Such advance shall be repaid from the fund at" for ", including

personal services in the District of".

Subsec. (c). Act June 20, 1939, Sec. 15, substituted ", including

personal services in the District of" for ". Such advance shall be

repaid from the fund at".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable with respect to

compensation paid in months beginning after Sept. 30, 1988, see

section 7103(c) of Pub. L. 100-647, set out as a note under section

358 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-92 effective with respect to compensation

paid for services rendered after Dec. 31, 1975, see section 2 of

Pub. L. 94-92, set out as a note under section 351 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section

603 of Pub. L. 93-445, set out as a note under section 402 of Title

42, The Public Health and Welfare.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-927 effective Sept. 6, 1958, except as

otherwise indicated, see section 207(c) of Pub. L. 85-927, set out

as a note under section 351 of this title.

EFFECTIVE DATE OF 1940 AMENDMENT

For effective date of amendment by act Oct. 10, 1940, see section

1 of act Oct. 10, 1940, see note set out under section 351 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in subsec. (c), pursuant to Reorg. Plan

No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred functions vested by statute in United

States Civil Service Commission to Director of Office of Personnel

Management (except as otherwise specified), effective Jan. 1, 1979,

as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,

44 F.R. 1055, set out under section 1101 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351, 358, 360, 362 of

this title.

-End-

-CITE-

45 USC Sec. 362 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 362. Duties and powers of Board

-STATUTE-

(a) Witnesses; subpenas, service, fees, etc.

For the purpose of any investigation or other proceeding relative

to the determination of any right to benefits, or relative to any

other matter within its jurisdiction under this chapter, the Board

shall have the power to issue subpenas requiring the attendance and

testimony of witnesses and the production of any evidence,

documentary or otherwise, that relates to any matter under

investigation or in question, before the Board or any member,

employee, or representative thereof. Any member of the Board or any

of its employees or representatives designated by it may administer

oaths and affirmations, examine witnesses, and receive evidence.

Such attendance of witnesses and production of evidence may be

required from any place in the United States or any Territory or

possession thereof at any designated place of hearing. All subpenas

may be served and returned by anyone authorized by the Board in the

same manner as is now provided by law for the service and return by

United States marshals of subpenas in suits in equity. Such service

may also be made by registered mail or by certified mail and in

such case the return post-office receipt shall be proof of service.

Witnesses summoned in accordance with this subsection shall be paid

the same fees and mileage as are paid witnesses in the district

courts of the United States.

(b) Enforcement of subpenas by courts; contempts; service of

orders, writs, or processes

In case of contumacy by, or refusal to obey a subpena lawfully

issued to, any person, the Board may invoke the aid of the district

court of the United States or the United States courts of any

Territory or possession, where such person is found or resides or

is otherwise subject to service of process, or the United States

District Court for the District of Columbia if the investigation or

proceeding is being carried on in the District of Columbia, or the

United States District Court for the Northern District of Illinois,

if the investigation or proceeding is being carried on in the

Northern District of Illinois, in requiring the attendance and

testimony of witnesses and the production of evidence. Any such

court shall issue an order requiring such person to appear before

the Board or its specified employee or representative at the place

specified in the subpena of the Board, whether within or without

the judicial district of the court, there to produce evidence, if

so ordered, or there to give testimony concerning the matter under

investigation or in question; and any failure to obey such order of

the court may be punished by said court as a contempt thereof. All

orders, writs, and processes in any such proceeding may be served

in the judicial district of the district court issuing such order,

writ, or process, except that the orders, writs, and processes of

the United States District Court for the District of Columbia or of

the United States District Court for the Northern District of

Illinois in such proceedings may run and be served anywhere in the

United States.

(c) Repealed. Pub. L. 91-452, title II, Sec. 239, Oct. 15, 1970, 84

Stat. 930

(d) Information as confidential

Information obtained by the Board in connection with the

administration of this chapter shall not be revealed or open to

inspection nor be published in any manner revealing an employee's

identity: Provided, however, That (i) the Board may arrange for the

exchange of any information with governmental agencies engaged in

functions related to the administration of this chapter; (ii) the

Board may disclose such information in cases in which the Board

finds that such disclosure is clearly in furtherance of the

interest of the employee or his estate; (iii) any claimant of

benefits under this chapter shall, upon his request, be supplied

with information from the Board's records pertaining to his claim;

and (iv) the Board shall disclose to any base-year employer of a

claimant for benefits any information, including information as to

the claimant's identity, that is necessary or appropriate to notify

such employer of the claim for benefits or to full and fair

participation by such employer in an appeal, hearing, or other

proceeding relative to the claim pursuant to section 355 of this

title. Subject to the provisions of this section, the Board may

furnish such information to any person or organization upon payment

by such person or organization to the Board of the cost incurred by

the Board by reason thereof; and the amounts so paid to the Board

shall be credited to the railroad unemployment insurance

administration fund established pursuant to section 361(a) of this

title;

(e) Certification of claims; authorization of employee to make

payments; bond

The Board shall provide for the certification of claims for

benefits and refunds and may arrange total or partial settlements

at such times and in such manner as may appear to the Board to be

expedient. The Board shall designate and authorize one or more of

its employees to sign vouchers for the payment of benefits and

refunds under this chapter. Each such employee shall give bond, in

form and amount fixed by the Board, conditioned upon the faithful

performance of his duties. The premiums due on such bonds shall be

paid from the fund and deemed to be a part of the expenses of

administering this chapter.

(f) Cooperation with other agencies administering unemployment or

sickness compensation laws; agreements

The Board may cooperate with or enter into agreement with the

appropriate agencies charged with the administration of State,

Territorial, Federal, or foreign unemployment-compensation or

sickness laws or employment offices, with respect to

investigations, the exchange of information and services, the

establishment, maintenance, and use of free employment service

facilities, and such other matters as the Board deems expedient in

connection with the administration of this chapter, and may

compensate any such agency for services or facilities supplied to

the Board in connection with the administration of this chapter.

The Board may enter also into agreements with any such agency,

pursuant to which any unemployment or sickness benefits provided

for by this chapter or any other unemployment-compensation or

sickness law, may be paid through a single agency to persons who

have, during the period on the basis of which eligibility for and

duration of benefits is determined under the law administered by

such agency or under this chapter, or both, performed services

covered by one or more of such laws, or performed services which

constitute employment as defined in this chapter: Provided, That

the Board finds that any such agreement is fair and reasonable as

to all affected interests.

(g) Benefits also subject to a State law; mutual reimbursement

In determining whether an employee has qualified for benefits in

accordance with section 353 of this title, and in determining the

amount of benefits to be paid to such employee in accordance with

section 352(a) and (c) of this title, the Board is authorized to

consider as employment (and compensation therefor) services for

hire other than employment (and remuneration therefor) if such

services for hire are subject to an unemployment or sickness

compensation law of any State, provided that such State has agreed

to reimburse the United States such portion of the benefits to be

paid upon such basis to such employee as the Board deems equitable.

Any amounts collected pursuant to this paragraph shall be credited

to the account.

If a State, in determining whether an employee is eligible for

unemployment or sickness benefits under an unemployment or sickness

compensation law of such State, and in determining the amount of

unemployment or sickness benefits to be paid to such employee

pursuant to such unemployment or sickness compensation law,

considers as services for hire (and remuneration therefor) included

within the provisions of such unemployment or sickness compensation

law, employment (and compensation therefor), the Board is

authorized to reimburse such State such portion of such

unemployment or sickness benefits as the Board deems equitable;

such reimbursements shall be paid from the account, and are

included within the meaning of the word "benefits" as used in this

chapter.

(h) Assistance from employers and labor organizations; compensation

The Board may enter into agreements or arrangements with

employers, organizations of employers, and railway-labor

organizations which are duly organized in accordance with the

provisions of the Railway Labor Act [45 U.S.C. 151 et seq.], for

securing the performance of services or the use of facilities in

connection with the administration of this chapter, and may

compensate any such employer or organization therefor upon such

reasonable basis as the Board shall prescribe, but not to exceed

the additional expense incurred by such employer or organization by

reason of the performance of such services or making available the

use of such facilities pursuant to such agreements or arrangements.

Such employers and organizations, and persons employed by either of

them, shall not be subject to section 209 of title 18.

(i) Free employment offices; registration of unemployed; statements

of sickness; reemployment

The Board may establish, maintain, and operate free employment

offices, and may designate as free employment offices facilities

maintained by (i) a railway labor organization which is duly

authorized and designated to represent employees in accordance with

the Railway Labor Act [45 U.S.C. 151 et seq.], or (ii) any other

labor organization which has been or may be organized in accordance

with the provisions of the Railway Labor Act, or (iii) one or more

employers, or (iv) an organization of employers, or (v) a group of

such employers and labor organizations, or (vi) a State,

Territorial, foreign, or the Federal Government. The Board may also

enter into agreements or arrangements with one or more employers or

railway labor organizations organized in accordance with the

provisions of the Railway Labor Act, pursuant to which notice of

the availability of work and the rights of employees with respect

to such work under agreements between such employers and railway

labor organizations may be filed with employment offices and

pursuant to which employees registered with employment offices may

be referred to such work.

The Board shall prescribe a procedure for registration of

unemployed employees at employment offices. Such procedure for

registration shall be prescribed with a view to such registration

affording substantial evidence of the days of unemployment of the

employees who register. The Board may, when such registration is

made personally by an employee, accept such registration as initial

proof of unemployment sufficient to certify for payment a claim for

benefits.

The Board shall provide a form or forms for statements of

sickness and a procedure for the execution and filing thereof. Such

forms and procedure shall be designated with a view to having such

statements provide substantial evidence of the days of sickness of

the employee. Such statements may be executed by any doctor

(authorized to practice in the State or foreign jurisdiction in

which he practices his profession) or any officer or supervisory

employee of a hospital, clinic, group health association, or other

similar organization, who is qualified under such regulations as

the Board may prescribe to execute such statements. The Board shall

issue regulations for the qualification of such persons to execute

such statements. When so executed by any such person, or, in the

discretion of the Board, by others designated by the Board

individually or by groups, they may be accepted as initial proof of

days of sickness sufficient to certify for payment a claim for

benefits.

The regulations of the Board concerning registration at

employment offices by unemployed persons may provide for group

registration and reporting, through employers, and need not be

uniform with respect to different classes of employees.

The operation of any employment facility operated by the Board

shall be directed primarily toward the reemployment of employees

who have theretofore been substantially employed by employers.

(j) Advisory councils; members' remuneration

The Board may appoint national or local advisory councils

composed of equal numbers of representatives of employers,

representatives of employees, and persons representing the general

public, for the purpose of discussing problems in connection with

the administration of this chapter and aiding the Board in

formulating policies. The members of such councils shall serve

without remuneration, but shall be reimbursed for any necessary

traveling and subsistence expenses or on a per diem basis in lieu

of subsistence expenses.

(k) Reduction of unemployment; training and reemployment of

unemployed employees, etc.

The Board, with the advice and aid of any advisory council

appointed by it, shall take appropriate steps to reduce and prevent

unemployment and loss of earnings; to encourage and assist in the

adoption of practical methods of vocational training, retraining,

and vocational guidance; to promote the reemployment of unemployed

employees; and to these ends to carry on and publish the results of

investigations and research studies.

(l) Necessary and incidental powers; employees of Board,

employment, remuneration, civil-service laws, registration of

unemployed, and detail

In addition to the powers and duties expressly provided, the

Board shall have and exercise all the powers and duties necessary

to administer or incidental to administering this chapter, and in

connection therewith shall have such of the powers, duties, and

remedies provided in subdivisions (5), (6), and (9) of section 7(b)

of the Railroad Retirement Act of 1974 [45 U.S.C. 231f(b)] with

respect to the administration of the Railroad Retirement Act of

1974 [45 U.S.C. 231 et seq.], as are not inconsistent with the

express provisions of this chapter. A person in the employ of the

Board under section 205 of the Act of Congress approved June 24,

1937 (50 Stat. 307), shall acquire a competitive classified

civil-service status if, after recommendation by the Board to the

Director of the Office of Personnel Management, he shall pass such

noncompetitive tests of fitness as the Director of the Office of

Personnel Management may prescribe. A person in the employ of the

Board on June 30, 1939, and on June 30, 1940, and who has had

experience in railroad service, shall acquire a competitive

classified civil-service status if, after recommendation by the

Board to the Director of the Office of Personnel Management, he

shall pass such noncompetitive tests of fitness for the position

for which the Board recommends him as the Director of the Office of

Personnel Management may prescribe.

The Board may employ such persons and provide for their

remuneration and expenses, as may be necessary for the proper

administration of this chapter. Such persons shall be employed and

their remuneration prescribed in accordance with the civil-service

laws and chapter 51 and subchapter III of chapter 53 of title 5:

Provided, That all positions to which such persons are appointed,

except one administrative assistant to each member of the Board,

shall be in and under the competitive civil service and shall not

be removed or excepted therefrom: Provided, That in the employment

of such persons the Board shall give preference, as between

applicants attaining the same grades, to persons who have had

experience in railroad service, and notwithstanding any other

provisions of law, rules, or regulations, no other preference shall

be given or recognized: And provided further, That certification by

the Director of the Office of Personnel Management of persons for

appointment to any positions at minimum salaries of $4,600 per

annum, or less, shall, if the Board so requests, be upon the basis

of competitive examinations, written, oral, or both, as the Board

may request: And provided further, That, for the purpose of

registering unemployed employees who reside in areas in which no

employer facilities are located, or in which no employer will make

facilities available for the registration of such employees, the

Board may, without regard to civil-service laws and chapter 51 and

subchapter III of chapter 53 of title 5, appoint persons to accept,

in such areas, registration of such employees and perform services

incidental thereto and may compensate such persons on a piece-rate

basis to be determined by the Board. Notwithstanding any other

provision of law, the Board may detail employees from stations

outside the District of Columbia to other stations outside the

District of Columbia or to service in the District of Columbia, and

may detail employees in the District of Columbia to service outside

the District of Columbia: Provided, That all details hereunder

shall be made by specific order and in no case for a period of time

exceeding one hundred and twenty days. Details so made may, on

expiration, be renewed from time to time by order of the Board, in

each particular case, for periods not exceeding one hundred and

twenty days.

(m) Delegation of powers

The Board is authorized to delegate to any member, officer, or

employee of the Board any of the powers conferred upon the Board by

this chapter, excluding only the power to prescribe rules and

regulations.

(n) Sickness benefits; examinations; information and reports;

contracts and expenses for examinations

Any employee claiming, entitled to, or receiving sickness

benefits under this chapter may be required to take such

examination, physical, medical, mental, or otherwise, in such

manner and at such times and by such qualified individuals,

including medical officers or employees of the United States or a

State, as the Board may prescribe. The place or places of

examination shall be reasonably convenient for the employee. No

sickness benefits shall be payable under this chapter with respect

to any period during which the employee unreasonably refuses to

take or willfully obstructs an examination as prescribed by the

Board.

Any doctor who renders any attendance, treatment, attention, or

care, or performs any examination with respect to a sickness of an

employee, upon which a claim or right to benefits under this

chapter is based, shall furnish the Board, in such manner and form

and at such times as the Board by regulations may prescribe,

information and reports relative thereto and to the condition of

the employee. An application for sickness benefits under this

chapter shall contain a waiver of any doctor-patient privilege that

the employee may have with respect to any sickness period upon

which such application is based: Provided, That such information

shall not be disclosed by the Board except in a proceeding relating

to any claim for benefits by the employee under this chapter.

The Board may enter into agreements or arrangements with doctors,

hospitals, clinics, or other persons for securing the examination,

physical, medical, mental, or otherwise, of employees claiming,

entitled to, or receiving sickness benefits under this chapter and

the performance of services or the use of facilities in connection

with the execution of statements of sickness. The Board may

compensate any such doctors, hospitals, clinics, or other persons

upon such reasonable basis as the Board shall prescribe. Such

doctors, hospitals, clinics, or other persons and persons employed

by any of them shall not be subject to section 209 of title 18. In

the event that the Board pays for the physical or mental

examination of an employee or for the execution of a statement of

sickness and such employee's claim for benefits is based upon such

examination or statement, the Board shall deduct from any sickness

benefits payable to the employee pursuant to such claim such amount

as, in the judgment of the Board, is a fair and reasonable charge

for such examination or execution of such statement.

(o) Liability of third party for sickness; reimbursement of Board

Benefits payable to an employee with respect to days of sickness

shall be payable regardless of the liability of any person to pay

damages for such infirmity. The Board shall be entitled to

reimbursement from any sum or damages paid or payable to such

employee or other person through suit, compromise, settlement,

judgment, or otherwise on account of any liability (other than a

liability under a health, sickness, accident, or similar insurance

policy) based upon such infirmity, to the extent that it will have

paid or will pay benefits for days of sickness resulting from such

infirmity. Upon notice to the person against whom such right or

claim exists or is asserted, the Board shall have a lien upon such

right or claim, any judgment obtained thereunder, and any sum or

damages paid under such right or claim, to the extent of the amount

to which the Board is entitled by way of reimbursement.

(p) Disqualification to execute statements of sickness or receive

fees

The Board may, after hearing, disqualify any person from

executing statements of sickness who, the Board finds, (i) will

have solicited, or will have employed another to solicit, for

himself or for another the execution of any such statement, or (ii)

will have made false or misleading statements to the Board, to any

employer, or to any employee, in connection with the awarding of

any benefits under this chapter, or (iii) will have failed to

submit medical reports and records required by the Board under this

chapter, or will have failed to submit any other reports, records,

or information required by the Board in connection with the

administration of this chapter or any other Act heretofore or

hereafter administered by the Board, or (iv) will have engaged in

any malpractice or other professional misconduct. No fees or

charges of any kind shall accrue to any such person from the Board

after his disqualification.

(q) Investigations and research with respect to accidents and

disabilities

The Board shall engage in and conduct research projects,

investigations, and studies with respect to the cause, care, and

prevention of, and benefits for, accidents and disabilities and

other subjects deemed by the Board to be related thereto, and shall

recommend legislation deemed advisable in the light of such

research projects, investigations, and studies.

(r) Duty of Board to make certain computations

(1) Compensation base

On or before December 1, 1988, and on or before December 1 of

each year thereafter, the Board shall compute -

(A) in accordance with section 351(i) of this title, the

monthly compensation base which shall be applicable with

respect to months in the next succeeding calendar year; and

(B) the amounts described in section 351(k) of this title,

section 352(c) of this title, section 353 of this title, and

section 354(a-2)(i)(A) of this title that are related to

changes in the monthly compensation base.

(2) Maximum daily benefit rate

On or before June 1, 1989, and on or before June 1 of each year

thereafter, the Board shall compute in accordance with section

352(a)(3) of this title the maximum daily benefit rate which

shall be applicable with respect to days of unemployment and days

of sickness in registration periods beginning after June 30 of

that year.

(3) Notice in Federal Register and to employers

Not later than 10 days after each computation made under this

subsection, the Board shall publish notice in the Federal

Register and shall notify each employer and employee

representative of the amount so computed.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 12, 52 Stat. 1107; June 20, 1939, ch.

227, Sec. 16, 53 Stat. 848; Oct. 10, 1940, ch. 842, Secs. 23, 24,

54 Stat. 1099; July 31, 1946, ch. 709, Secs. 319-323, 60 Stat. 739,

740; June 25, 1948, ch. 646, Secs. 1, 32(b), 62 Stat. 878, 895,

991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Oct. 28, 1949,

ch. 782, title II, Sec. 202(29), title XI, Sec. 1106(a), 63 Stat.

956, 972; Aug. 12, 1955, ch. 869, Sec. 6, 69 Stat. 716; Pub. L.

85-927, pt. II, Sec. 206, Sept. 6, 1958, 72 Stat. 1783; Pub. L.

86-507, Sec. 1(37), June 11, 1960, 74 Stat. 202; Pub. L. 89-700,

title II, Sec. 206, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257,

title II, Sec. 206, Feb. 15, 1968, 82 Stat. 25; Pub. L. 91-452,

title II, Sec. 239, Oct. 15, 1970, 84 Stat. 930; Pub. L. 93-445,

title IV, Sec. 405, Oct. 16, 1974, 88 Stat. 1359; 1978 Reorg. Plan

No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783;

Pub. L. 100-647, title VII, Secs. 7101(e), 7104(d), (e), Nov. 10,

1988, 102 Stat. 3758, 3772.)

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in subsecs. (h) and (i), is

act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is

classified principally to chapter 8 (Sec. 151 et seq.) of this

title. For complete classification of this Act to the Code, see

section 151 of this title and Tables.

The Railroad Retirement Act of 1974, referred to in subsec. (l),

is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L.

93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is

classified generally to subchapter IV (Sec. 231 et seq.) of chapter

9 of this title. For further details and complete classification of

this Act to the Code, see Codification note set out preceding

section 231 of this title, section 231t of this title, and Tables.

Section 205 of the Act of Congress approved June 24, 1937 (50

Stat. 307), referred to in subsec. (l), is section 205 of act June

24, 1937, ch. 382, 50 Stat. 307, which is not classified to the

Code.

The civil-service laws, referred to in subsec. (l), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsecs. (h) and (n), "section 209 of title 18" substituted

for reference to the Act of March 3, 1917, 39 Stat. 1106 (5 U.S.C.

66) on authority of (1) act June 25, 1948, ch. 645, 62 Stat. 683,

section 1 of which enacted Title 18, Crimes and Criminal Procedure,

and which enacted in section 1914 of Title 18 the provisions

formerly classified to section 66 of former Title 5; and (2)

section 2 of Pub. L. 87-849, Oct. 23, 1962, 76 Stat. 1126, which

repealed section 1914 of Title 18 and supplanted it with section

209, and which provided that exemptions from section 1914 shall be

deemed exemptions from section 209. For further details, see

Exemptions note set out under section 203 of Title 18.

In subsec. (l), "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

In penultimate sentence of subsec. (l), following the first word

"Notwithstanding", the words "the provisions of the Act of June 22,

1906 (34 Stat. 449), or" have been omitted as obsolete. The

provisions were enacted as section 3342 of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80

Stat. 425. Section 3342 of Title 5 was repealed by Pub. L. 89-762,

Sec. 1(a), Nov. 5, 1966, 80 Stat. 1312.

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-647, Sec. 7104(d), added cl.

(iv).

Subsec. (n). Pub. L. 100-647, Sec. 7104(e), struck out "court"

before "proceeding" in proviso of second par.

Subsec. (r). Pub. L. 100-647, Sec. 7101(e), added subsec. (r).

1974 - Subsec. (l). Pub. L. 93-445 substituted "subdivisions (5),

(6), and (9) of section 7(b) of the Railroad Retirement Act of

1974" for "section 10(b)(4) of the Railroad Retirement Act of

1937".

1970 - Subsec. (c). Pub. L. 91-452 struck out subsec. (c) which

related to immunity from prosecution of any person compelled to

testify or produce evidence, documentary or otherwise, after

claiming his privilege against self-incrimination.

1968 - Subsec. (f). Pub. L. 90-257, Sec. 206(a), struck out

references to maternity benefits and laws and made changes in

punctuation and grammar necessitated thereby.

Subsec. (g). Pub. L. 90-257, Sec. 206(b), struck out references

to maternity benefits and maternity compensation laws and made

changes in punctuation and grammar necessitated thereby.

Subsec. (i). Pub. L. 90-257, Sec. 206(c), struck out provisions

making reference to maternity sickness and to expected and actual

date of birth of the child required to be included in report of

maternity sickness.

Subsec. (n). Pub. L. 90-257, Sec. 206(d), struck out references

to maternity benefits and to services of a doctor as to expected

date of birth of a female employee's child, or the birth of such a

child.

1966 - Subsec. (d). Pub. L. 89-700 authorized Board to furnish

such information to any person or organization upon payment of the

cost incurred by reason thereof, and requiring amounts so paid to

Board to be credited to railroad unemployment insurance

administration fund.

Subsec. (g). Pub. L. 89-700 substituted "section 353 of this

title" for "section 353(a) of this title".

1960 - Subsec. (a). Pub. L. 86-507 inserted "or by certified

mail" after "registered mail".

1958 - Subsec. (l). Pub. L. 85-927 struck out "except that the

Board may fix the salary of a director of unemployment insurance at

$10,000 per annum" before first proviso in second paragraph, and

substituted "Classification Act of 1949" for "Classification Act of

1923", immediately preceding such first proviso, which substitution

had already been executed in accordance with act Oct. 28, 1949.

1955 - Subsec. (l). Act Aug. 12, 1955, specifically provided for

employees of Railroad Retirement Board to be in and under

competitive civil service.

1949 - Subsec. (l). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923" in

two places.

1946 - Subsec. (b). Act July 31, 1946, Sec. 319, inserted

provisions relating to the District Court of the United States for

the Northern District of Illinois.

Subsec. (f). Act July 31, 1946, Sec. 320, inserted references to

sickness or maternity laws and benefits.

Subsec. (g). Act July 31, 1946, Sec. 321, inserted references to

sickness or maternity laws and benefits and struck out phrase

limiting second paragraph to eligibility with respect to

unemployment after June 30, 1939.

Subsec. (i). Act July 31, 1946, Sec. 322, added third par.,

providing for form, execution and filing of statements of sickness.

Subsecs. (n) to (q). Act July 31, 1946, Sec. 323, added subsecs.

(n) to (q).

1940 - Subsec. (l). Act Oct. 10, 1940, Sec. 22, inserted

provisions relating to acquisition of competitive classified

civil-service status by a person in the employ of Board on June 30,

1939, and June 30, 1940.

Act Oct. 10, 1940, Sec. 23, inserted provisos relating to

personnel for registering unemployed employees.

1939 - Subsec. (g). Act June 20, 1939, inserted ", with respect

to unemployment after June 30, 1939" after "employee is eligible"

and struck out "June 30, 1939" after "therefor) after".

-CHANGE-

CHANGE OF NAME

Subsec. (b) of this section was amended by act June 25, 1948,

Sec. 32(b), eff. Sept. 1, 1948, as amended by act May 24, 1949,

which substituted "United States District Court for the District of

Columbia" for "District Court of the United States for the District

of Columbia".

"United States District Court for the Northern District of

Illinois" substituted for "District Court of the United States for

the Northern District of Illinois" in view of act June 25, 1948,

which states that "There shall be in each judicial district a

district court which shall be a court of record known as the United

States District Court for the district", and that "Illinois is

divided into three judicial districts to be known as the Northern,

Southern, and Eastern Districts of Illinois." See sections 88 and

132 of Title 28, Judiciary and Judicial Procedure.

-MISC2-

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 7104(d), (e) of Pub. L. 100-647, effective

Jan. 1, 1990, see section 7104(f) of Pub. L. 100-647, set out as a

note under section 355 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section

603 of Pub. L. 93-445, set out as a note under section 402 of Title

42, The Public Health and Welfare.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provisions note under section 6001 of Title 18, Crimes and

Criminal Procedure.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-257 effective July 1, 1968, see section

208 of Pub. L. 90-257, set out as a note under section 352 of this

title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-927 effective Sept. 6, 1958, except as

otherwise indicated, see section 207(c) of Pub. L. 85-927, set out

as a note under section 351 of this title.

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act July 31, 1946, effective July 31, 1946, see

section 401 of act July 31, 1946.

EFFECTIVE DATE OF 1940 AMENDMENT

For effective date of amendment by act Oct. 10, 1940, see section

1 of act Oct. 10, 1940, set out as a note under section 351 of this

title.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in subsec. (l), pursuant to Reorg. Plan

No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred functions vested by statute in United

States Civil Service Commission to Director of Office of Personnel

Management (except as otherwise specified), effective Jan. 1, 1979,

as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,

44 F.R. 1055, set out under section 1101 of Title 5.

-MISC3-

TERMINATION OF ADVISORY COUNCILS

Advisory councils in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a council established by the President

or an officer of the Federal Government, such council is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a council established by the Congress, its

duration is otherwise provided by law. Advisory councils

established after Jan. 5, 1973, to terminate not later than the

expiration of the 2-year period beginning on the date of their

establishment, unless, in the case of a council established by the

President or an officer of the Federal Government, such council is

renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a council established by the

Congress, its duration is otherwise provided by law. See sections

3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set

out in the Appendix to Title 5, Government Organization and

Employees.

RAILROAD UNEMPLOYMENT COMPENSATION COMMITTEE

Pub. L. 98-76, title V, Sec. 504, Aug. 12, 1983, 97 Stat. 441,

provided that:

"(a) Representatives of railroad labor and railroad management

shall jointly establish (and jointly appoint the members of) a

committee to be known as the 'Railroad Unemployment Compensation

Committee' (hereinafter in this section referred to as the

'Committee').

"(b) The Committee shall consist of five members -

"(1) two of whom shall be representatives of railroad labor,

"(2) two of whom shall be representatives of railroad

management, and

"(3) one of whom shall be an individual who shall not be in the

employment of or pecuniarily or otherwise interested in any

employer (as defined in section 1 of the Railroad Retirement Act

of 1974 [45 U.S.C. 231]) or any organization of employees (as

defined in section 1 of such Act).

"(c) The Committee shall review all aspects of the unemployment

and sickness insurance systems provided by the Railroad

Unemployment Insurance Act [this chapter] including (but not

limited to) a review of -

"(1) benefit levels,

"(2) experience rating,

"(3) debt repayment and interest on debt,

"(4) waiting period for unemployment benefits and qualifying

requirements, and

"(5) alternatives to the railroad unemployment insurance system

such as covering railroad employees under the Federal-State

unemployment compensation system.

"(d) Not later than April 1, 1984, the Committee shall submit a

report to the Congress containing recommendations -

"(1) with respect to the review conducted under subsection (c),

and

"(2) with respect to the repayment of funds which the railroad

unemployment insurance system has borrowed from the Railroad

Retirement Account.

Any recommendation submitted under paragraph (2) shall contain

adjustments in contributions and benefits which will enable the

railroad unemployment compensation system to repay all loans from

the Railroad Retirement Account before December 31, 2000.

"(e) The Railroad Retirement Board (and any other department,

agency, or instrumentality of the Federal Government) is authorized

to cooperate with, and assist, the Committee (at its request) in

carrying out its duties by furnishing services, information, data,

or other material which the Committee determines will be helpful in

carrying out its duties."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 231f, 351, 352, 360, 361,

363, 918, 1011 of this title.

-End-

-CITE-

45 USC Sec. 363 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 363. Exclusiveness of provisions; transfers from State

unemployment compensation accounts to railroad unemployment

insurance account

-STATUTE-

(a) Omitted

(b) Effect on State unemployment compensation laws

By enactment of this chapter the Congress makes exclusive

provision for the payment of unemployment benefits for unemployment

occurring after June 30, 1939, and for the payment of sickness

benefits for sickness periods after June 30, 1947, based upon

employment (as defined in this chapter). No employee shall have or

assert any right to unemployment benefits under an unemployment

compensation law of any State with respect to unemployment

occurring after June 30, 1939, or to sickness benefits under a

sickness law of any State with respect to sickness periods

occurring after June 30, 1947, based upon employment (as defined in

this chapter). The Congress finds and declares that by virtue of

the enactment of this chapter, the application of State

unemployment compensation laws after June 30, 1939 or of State

sickness laws after June 30, 1947, to such employment, except

pursuant to section 362(g) of this title, would constitute an undue

burden upon, and an undue interference with the effective

regulation of, interstate commerce. In furtherance of such

determination, after June 30, 1939, the term "person" as used in

section 1106 of title 42 shall not be construed to include any

employer (as defined in this chapter) or any person in its employ:

Provided, That no provision of this chapter shall be construed to

affect the payment of unemployment benefits with respect to any

period prior to July 1, 1939, under an unemployment compensation

law of any State based upon employment performed prior to July 1,

1939, and prior to such date employment as defined in this chapter

shall not constitute "Service with respect to which unemployment

compensation is payable under an [or "service under any"]

unemployment compensation system [or "plan"] established by an Act

of Congress" [or "a law of the United States"] or "employment in

interstate commerce, of an individual who is covered by an

unemployment compensation system established directly by an Act of

Congress," or any term of similar import, used in any unemployment

compensation law of any State.

(c) Determination of "preliminary amount" for States

The Social Security Board is directed to determine for each

State, after agreement with the Railroad Retirement Board, and

after consultation with such State; the total (hereinafter referred

to as the "preliminary amount") of (i) the amount remaining as the

balances of reserve accounts of employers as of June 30, 1939, if

the unemployment compensation law of such State provides for a type

of fund known as "Reserve Accounts," plus (ii) if the unemployment

compensation law of such State provides for a type of fund known as

"Pooled Fund" or "Pooled Account," that proportion of the balance

of such fund or account of such State as of June 30, 1939, as the

amount of taxes or contributions collected from employers and their

employees prior to July 1, 1939, pursuant to its unemployment

compensation law and credited to such fund or account bears to all

such taxes or contributions theretofore collected from all persons

subject to its unemployment compensation law and credited to such

fund or account; and the additional amounts (hereinafter referred

to as the "liquidating amount") of taxes or contributions collected

from employers and their employees from July 1, 1939 to December

31, 1939, pursuant to its unemployment compensation law.

(d) Withholding amounts from certification to States; transfers to

railroad unemployment compensation account

The Social Security Board shall withhold from certification to

the Secretary of the Treasury for payment the amounts determined by

it pursuant to section 502(a) of title 42 to be necessary for the

proper administration of each State's unemployment-compensation

law, until an amount equal to its "preliminary amount" plus

interest from July 1, 1939, at 2 1/2 per centum per annum on such

portion thereof as has not been used as the measure for withholding

certification for payment, has been so withheld from certification

pursuant to this paragraph: Provided, however, That if a State

shall, prior to whichever is the later of (i) thirty days after the

close of the first regular session of its legislature which begins

after the approval of this chapter, and (ii) July 1, 1939,

authorize and direct the Secretary of the Treasury to transfer from

its account in the unemployment trust fund to the railroad

unemployment insurance account in the unemployment trust fund an

amount equal to its "preliminary amount", no amount shall be

withheld from certification for payment to such State pursuant to

this paragraph.

The Social Security Board shall withhold from certification to

the Secretary of the Treasury for payment the amounts determined by

it pursuant to section 502(a) of title 42 to be necessary for the

proper administration of each State's unemployment compensation

law, until an amount equal to its "liquidating amount" plus

interest from January 1, 1940, at 2 1/2 per centum per annum on

such portion thereof as has not been used as the measure for

withholding certification for payment has been so withheld from

certification pursuant to this paragraph: Provided, however, That

if a State shall, prior to whichever is the later of (i) thirty

days after the close of the first regular session of its

legislature which begins after the approval of this chapter, and

(ii) January 1, 1940, authorize and direct the Secretary of the

Treasury to transfer from its account in the unemployment trust

fund to the railroad unemployment insurance account in the

unemployment trust fund an amount equal to its "liquidating

amount", no amount shall be withheld from certification for payment

to such State pursuant to this paragraph.

The withholdings from certification directed in each of the

foregoing paragraphs of this subsection shall begin with respect to

each State when the Social Security Board finds that such State is

unable to avail itself of the condition set forth in the proviso

contained in such paragraph: Provided, however, That if the Social

Security Board finds with respect to any State that such State (1)

is unable to avail itself of such conditions solely by reason of

prohibitions contained in the constitution of such State, as

determined by a decision of the highest court of such State

declaring invalid in whole or in part the action of the legislature

of the State purporting to provide for transfers from the State's

account in the Unemployment Trust Fund to the railroad unemployment

insurance account, and (2) for similar reasons is unable to use

amounts withdrawn from its account in the Unemployment Trust Fund

for the payment of expenses incurred in the administration of its

State unemployment compensation law, the Social Security Board

shall not begin to withhold from certification to the Secretary of

the Treasury for payment to such State the amounts determined by it

pursuant to section 502 of title 42 and to certify to the Secretary

of the Treasury for payment into the railroad unemployment

insurance account the amount so withheld from such State until July

1, 1944, or until a date one hundred and eighty days after the

adjournment of the first session of the legislature of such State

beginning after July 1, 1942, whichever date is the earlier, and

then only if the Social Security Board finds that such State had

not prior thereto effectively authorized and directed the Secretary

of the Treasury to transfer from such State's account in the

Unemployment Trust Fund to the railroad unemployment insurance

account amounts equal to such State's "preliminary amount" and

"liquidating amount" less such parts thereof, if any, as the State

may have, within the periods set forth in the provisos contained in

the first two paragraphs of this subsection, effectively authorized

and directed the Secretary of the Treasury so to transfer, plus

interest on such difference, if any, with respect to each amount,

at 2 1/2 per centum per annum from the date the State's

"preliminary amount" or "liquidating amount", as the case may be,

is determined by the Social Security Board; and with respect to any

such State the amount withheld shall equal the State's "preliminary

amount" and "liquidating amount" less such parts thereof, if any,

as the State may have, within the periods set forth in the provisos

contained in the first two paragraphs of this subsection

effectively authorized and directed the Secretary of the Treasury

to transfer, plus interest from July 1, 1939, at 2 1/2 per centum

per annum on so much of the "preliminary amount" and "liquidating

amount", as the case may be, as has not been so transferred or has

not been used as the measure for withholding. An enactment of any

State legislature providing for the transfer (from the State's

account in the Unemployment Trust Fund to the railroad unemployment

insurance account) of all interest earned upon contributions which

are collected with respect to employment occurring after such

enactment by such State pursuant to its unemployment compensation

law and credited to its account in the Unemployment Trust Fund

(until the total of such transfers equals the amounts which

otherwise would be required to be withheld from certification under

this subsection), shall be deemed an effective authorization and

direction to the Secretary of the Treasury as required by this

subsection; and for purposes of computing the interest to be so

transferred, amounts withdrawn by such State from its account in

the Unemployment Trust Fund after the date of such State enactment

shall be considered to be first charged against the amounts

credited to such State's account prior to the date of such State

enactment: Provided, however, That if at any time after such

enactment the provision for transfer therein contained for any

reason fails to be operative to effect the transfers of interest as

therein prescribed, and such State has not otherwise made an

effective authorization and direction to the Secretary of the

Treasury as required by this subsection, the Social Security Board

shall immediately after such failure or, on the date otherwise

provided in this subsection for the beginning of withholdings from

certification, whichever is later, begin to make the withholdings

from certification provided for in this subsection in the same

manner and to the same extent as if such enactment by such State

had not been enacted, except that the amounts of the certifications

withheld shall be reduced by the total amount, if any, which has

been transferred from interest pursuant to such enactment.

(e) Transfers and withdrawals, effect upon social security

provisions

The transfers described in the provisos contained in the several

paragraphs of subsection (d) of this section shall not be deemed to

constitute a breach of the conditions set forth in sections

503(a)(5) and 1103(a)(4) of title 42; nor shall the withdrawal by a

State from its account in the unemployment trust fund of amounts,

but not to exceed the total amount the Social Security Board shall

have withheld from certification with respect to such State

pursuant to subsection (d) of this section, be deemed to constitute

a breach of the conditions set forth in sections 503(a)(5) and

1103(a)(4) of title 42, provided the moneys so withdrawn are

expended solely for expenses which the Social Security Board

determines to be necessary for the proper administration of such

State's unemployment compensation law.

(f) Payments to railroad unemployment insurance account; transfers

from unemployment trust fund of States

The Social Security Board is authorized and directed to certify

to the Secretary of the Treasury for payment, and the Secretary

shall pay, into the railroad unemployment insurance account, such

amounts as the Social Security Board withholds from certification

pursuant to subsection (d) of this section and the appropriations

authorized in section 501 of title 42 shall be available for

payments authorized by this subsection. The Secretary shall

transfer from the account of a State in the unemployment trust fund

to the railroad unemployment insurance account in the unemployment

trust fund such amounts as the State authorizes and directs him so

to transfer pursuant to subsection (d) of this section.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 13(b)-(f), 52 Stat. 1110; June 20,

1939, ch. 227, Sec. 17, 53 Stat. 848; July 2, 1940, ch. 530, 54

Stat. 741; June 30, 1942, ch. 463, 56 Stat. 465; July 31, 1946, ch.

709, Sec. 324, 60 Stat. 741; Pub. L. 90-257, title II, Sec. 207,

Feb. 15, 1968, 82 Stat. 25.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1106 and 1103(a)(4) of title 42, referred to in subsecs.

(b) and (e), respectively, which were in the original references to

sections 906 and 903(a)(4), respectively, of the Social Security

Act, as in existence prior to February 10, 1939, were omitted from

the Code pursuant to section 4 of act Feb. 10, 1939, ch. 2, 53

Stat. 1, which provided that all laws and parts of laws codified

into the Internal Revenue Code of 1939, to the extent that they

related exclusively to internal revenue laws, were repealed. For

further details, see Prior Provisions note preceding section 1101

of Title 42, The Public Health and Welfare. For provisions similar

to sections 1106 and 1103(a)(4), see sections 3305 and 3304,

respectively, of Title 26, Internal Revenue Code.

-COD-

CODIFICATION

Section 13(a) of act June 25, 1938, amended former section 1107

of Title 42, The Public Health and Welfare. Section 13(g) of act

June 25, 1938, amended section 503 of Title 42.

-MISC1-

AMENDMENTS

1968 - Subsec. (b). Pub. L. 90-257 struck out all references to

maternity benefits.

1946 - Subsec. (b). Act July 31, 1946, inserted phrases extending

provisions of that subsection to State sickness and maternity laws

and benefits after June 30, 1947.

1942 - Subsec. (d). Act June 30, 1942, affected provisos in third

par.

1940 - Subsec. (d). Act July 2, 1940, affected provisos in third

par.

1939 - Subsec. (e). Act June 20, 1939, substituted references to

unemployment insurance account for references to unemployment

compensation account wherever appearing.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-257 effective as of July 1, 1968, see

section 208 of Pub. L. 90-257, set out as a note under section 352

of this title.

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act July 31, 1946, effective July 31, 1946, see

section 401 of act July 31, 1946.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Labor and

functions of all agencies and employees of Department, with

exception of functions vested by Administrative Procedure Act

(sections 551 et seq. and 701 et seq. of Title 5, Government

Organization and Employees) in hearing examiners employed by

Department, transferred to Secretary of Labor, with power vested in

him to authorize their performance or performance of any of his

functions by any officers, agencies, and employees of Department of

Labor, by Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15 F.R. 3174, 64

Stat. 1263, set out in the Appendix to Title 5.

Functions of Federal Security Administrator with respect to

unemployment compensation transferred to Secretary of Labor by

Reorg. Plan No. 2 of 1949, Sec. 1, eff. Aug. 19, 1949, 14 F.R.

5225, 63 Stat. 1065, set out in the Appendix to Title 5. Section 1

of Reorg. Plan No. 2 of 1949, also provided that functions

transferred by this section shall be performed by Secretary of

Labor, or subject to his direction and control, by officers,

agencies, and employees of Department of Labor as he shall

designate.

Social Security Board abolished and its functions and those of

its chairman transferred to Federal Security Administrator to be

performed by him or under his direction and control by such

officers and employees of Federal Security Agency as designated, by

Reorg. Plan No. 2 of 1946, eff. July 16, 1946, 11 F.R. 7873, 60

Stat. 1095, set out in the Appendix to Title 5. For transfer of

personnel, property, records, and funds, see section 12 of the

Reorganization Plan.

-MISC2-

EFFECT OF SOCIAL SECURITY ACT AMENDMENTS

Act Aug. 10, 1939, ch. 666, title IX, Sec. 901, 53 Stat. 1399,

provided as follows: "Except as provided in section 906, no

provision of this act shall be construed as amending or altering

the effect of section 13(b), (c), (d), (e), or (f) of the Railroad

Unemployment Insurance Act [this section]."

Section 906 of act Aug. 10, 1939, provided as follows: "If the

Social Security Board finds with respect to any State that the

first regular session of such State's legislature which began after

June 25, 1938, and adjourned prior to thirty days after the

enactment of this act [Aug. 10, 1939] (1) had not made provision to

authorize and direct the Secretary of the Treasury, prior to thirty

days after the close of such session or July 1, 1939, whichever

date is later, to transfer from its account in the Unemployment

Trust Fund to the railroad unemployment insurance account in the

Unemployment Trust Fund an amount equal to such State's

'preliminary amount,' or to authorize and direct the Secretary of

the Treasury, prior to thirty days after the close of such session

or January 1, 1940, whichever date is later, to transfer from its

account in the Unemployment Trust Fund to the railroad unemployment

insurance account in the Unemployment Trust Fund an amount equal to

such State's 'liquidating amount,' or both; and (2) had not made

provision for financing the administration of its

unemployment-compensation law during the period with respect to

which grants therefor under section 302 of the Social Security Act

[section 502 of Title 42, The Public Health and Welfare] are

required under section 13 of the Railroad Unemployment Insurance

Act [this section] to be withheld by the Social Security Board,

notwithstanding the provisions of section 13(d) of the Railroad

Unemployment Insurance Act, the Social Security Board shall not

begin to withhold from certification to the Secretary of the

Treasury for payment to such State the amounts determined by it

pursuant to section 302 of the Social Security Act [section 502 of

Title 42] and to certify to the Secretary of the Treasury for

payment into the railroad unemployment-insurance account the amount

so withheld from such State, as provided in section 13 of the

Railroad Unemployment Insurance Act [this section], until after the

thirtieth day after the close of such State's first regular or

special session of its legislature which begins after the date of

enactment of this act and after the Social Security Board finds

that such State had not, by the thirtieth day after the close of

such legislative session, authorized and directed the Secretary of

the Treasury to transfer from such State's account in the

Unemployment Trust Fund to the railroad unemployment insurance

account in the Unemployment Trust Fund such State's 'preliminary

amount' plus interest thereon at 2 1/2 per centum per annum from

the date the amount thereof is determined by the Social Security

Board, and such State's 'liquidating amount' plus interest thereon

at 2 1/2 per centum per annum from the date the amount thereof is

determined by the Social Security Board. Notwithstanding the

provisions of section 13(e) of the Railroad Unemployment Insurance

Act [this section], any withdrawal by such State from its account

in the Unemployment Trust Fund for purposes other than the payment

of compensation of the whole or any part of amounts so withheld

from certification with respect to such State pursuant to this act

shall be deemed to constitute a breach of the conditions set forth

in sections 303(a)(5) of the Social Security Act [section 503 of

Title 42] and 1603(a)(4) of the Internal Revenue Code [section 1603

of former Title 26, Internal Revenue Code of 1939]. The terms

'preliminary amount' and 'liquidating amount', as used herein,

shall have the meanings defined in section 13 of the Railroad

Unemployment Insurance Act [this section]."

KENTUCKY

Act Oct. 26, 1945, ch. 434, 59 Stat. 550, as amended by Reorg.

Plan No. 2 of 1946, Sec. 4, eff. July 16, 1946, 11 F.R. 7873, 60

Stat. 1095, provided that $1,260,000 should constitute the total

amount withheld by the Federal Security Administrator under subsec.

(d) of this section for payment for the administration of

Kentucky's Unemployment Compensation Law, KRS 341.010-341.990.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 360, 363a, 364 of this

title.

-End-

-CITE-

45 USC Sec. 363a 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 363a. Refunds of State unemployment contributions by

employees; amount; application period; definitions

-STATUTE-

(a) Notwithstanding any other provision of law, in any case where

an employee amount (as hereinafter defined) was paid from a State

unemployment fund to the Unemployment Trust Fund, an aggregate

amount equal thereto shall be paid from the Unemployment Trust

Fund, as refunds, to employees who paid into the State fund the

contributions upon which such payment into the Unemployment Trust

Fund was based, except that in case any such employee is deceased,

payment shall be made to his estate; and the payment so made in the

case of any employee shall be in proportion to the contributions

paid by such employee into the State fund: Provided, That payment

in any such case shall be made only if application therefor is made

to the Railroad Retirement Board within two years after August 2,

1946.

(b) As used in this section -

(1) The term "employee amount" means any amount paid from a

State unemployment fund to the Unemployment Trust Fund which

would not have been required to be paid, under the provisions of

section 363(c) of this title, if said section had not required

payment of amounts based on contributions collected from

employees.

(2) The term "Unemployment Trust Fund" means the fund

established by section 1104 of title 42.

(3) The term "employees" has the same meaning as in the

Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].

-SOURCE-

(Aug. 2, 1946, ch. 743, 60 Stat. 806; Aug. 6, 1947, ch. 509, 61

Stat. 793.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Unemployment Insurance Act, referred to in subsec.

(b)(3), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see section 367 of this

title and Tables.

-COD-

CODIFICATION

Section was not enacted as a part of the Railroad Unemployment

Insurance Act which comprises this chapter.

-MISC1-

AMENDMENTS

1947 - Subsec. (a). Act Aug. 6, 1947, extended time for

application for refund from twelve months to two years after Aug.

2, 1946.

-End-

-CITE-

45 USC Sec. 364 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 364. District of Columbia account, transfer of funds to

railroad unemployment insurance account

-STATUTE-

The Secretary of the Treasury is authorized and directed to

transfer from the account of the District of Columbia in the

unemployment trust fund to the railroad unemployment insurance

account in the unemployment trust fund, an amount equal to the

"preliminary amount" and an amount equal to the "liquidating

amount", whenever such amounts, respectively, have been determined,

with respect to the District of Columbia, pursuant to section 363

of this title.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 14(b), 52 Stat. 1113.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 360 of this title.

-End-

-CITE-

45 USC Sec. 365 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 365. Omitted

-COD-

CODIFICATION

Section, acts June 25, 1938, ch. 680, Sec. 15, 52 Stat. 1113;

June 20, 1939, ch. 227, Sec. 19, 53 Stat. 844, related to

transitional provisions occurring before July 1, 1939.

-End-

-CITE-

45 USC Sec. 366 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 366. Separability

-STATUTE-

If any provision of this chapter or the application there of to

any person or circumstance is held invalid, the application of such

provision to other persons or circumstances, and the remainder of

this chapter shall not be affected thereby.

-SOURCE-

(June 25, 1938, ch. 680, Sec. 16, 52 Stat. 1113.)

-End-

-CITE-

45 USC Sec. 366a 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 366a. Effect of Internal Revenue Code

-STATUTE-

The provisions of the Railroad Unemployment Insurance Act, as

herein amended, shall be in full force and effect notwithstanding

the enactment of the Internal Revenue Code.

-SOURCE-

(June 20, 1939, ch. 227, Sec. 22, 53 Stat. 848.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Unemployment Insurance Act, referred to in text, is

act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see section 367 of this title and Tables.

The Internal Revenue Code, referred to in text, probably means

the Internal Revenue Code of 1939, which was classified to former

Title 26, Internal Revenue Code, and was generally repealed by

section 7851 of the Internal Revenue Code of 1986, Title 26.

-COD-

CODIFICATION

Section was not enacted as a part of the Railroad Unemployment

Insurance Act which comprises this chapter.

-End-

-CITE-

45 USC Sec. 367 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 367. Short title

-STATUTE-

This chapter may be cited as the "Railroad Unemployment Insurance

Act".

-SOURCE-

(June 25, 1938, ch. 680, Sec. 17, 52 Stat. 1113.)

-COD-

CODIFICATION

Another section 17 of Act June 25, 1938, was classified to

section 368 of this title prior to repeal by Pub. L. 104-251, Sec.

5(c), Oct. 9, 1996, 110 Stat. 3165.

-MISC1-

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-251, Sec. 1, Oct. 9, 1996, 110 Stat. 3161, provided

that: "This Act [amending section 352 of this title, repealing

section 368 of this title, and enacting provisions set out as a

note under section 352 of this title] may be cited as the 'Railroad

Unemployment Insurance Amendments Act of 1996'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-647, title VII, Sec. 7001, Nov. 10, 1988, 102 Stat.

3757, provided that: "This title [enacting section 369 of this

title, amending sections 231, 231a, 231e, 351 to 355, 358, 360,

361, and 362 of this title and sections 3321, 3322, 6157, 6201,

6317, 6513, and 6601 of Title 26, Internal Revenue Code, omitting

section 3323 of Title 26, enacting provisions set out as notes

under sections 231, 231a, 351 to 353, 355, and 358 of this title

and section 3321 of Title 26, and amending provisions set out as

notes under section 231n of this title] may be cited as the

'Railroad Unemployment Insurance and Retirement Improvement Act of

1988'."

-End-

-CITE-

45 USC Sec. 368 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 368. Repealed. Pub. L. 104-251, Sec. 5(c), Oct. 9, 1996, 110

Stat. 3165

-MISC1-

Section, act June 25, 1938, ch. 680, Sec. 17, as added Mar. 24,

1983, Pub. L. 98-8, title I, Sec. 102(a), 97 Stat. 32; amended Nov.

30, 1983, Pub. L. 98-181, title II, Sec. 2005(a), 97 Stat. 1298,

related to payment of supplemental employment benefits.

Another section 17 of act June 25, 1938, is classified to section

367 of this title.

-End-

-CITE-

45 USC Sec. 369 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE

-HEAD-

Sec. 369. Annual report

-STATUTE-

On or before July 1 of 1989, and of each calendar year

thereafter, the Railroad Retirement Board shall submit to the

Congress a report on the financial status of the railroad

unemployment insurance system under various economic and employment

assumptions. Such report shall include any recommendation for

financing changes which might be advisable, including any

adjustment the Railroad Retirement Board recommends regarding the

rates of employer contributions.

-SOURCE-

(Pub. L. 100-647, title VII, Sec. 7105, Nov. 10, 1988, 102 Stat.

3772.)

-COD-

CODIFICATION

Section was enacted as part of the Railroad Unemployment

Insurance and Retirement Improvement Act of 1988 and also as part

of the Technical and Miscellaneous Revenue Act of 1988, and not as

part of the Railroad Unemployment Insurance Act which comprises

this chapter.

-End-