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45 U.S.C. § 364 — District of Columbia account, transfer of funds to railroad unemployment insurance account

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 364 — District of Columbia account, transfer of funds to railroad unemployment insurance account

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section363&num=0&edition=prelim).

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Source location: Title 45, Chapter 11, § 364; chapter-011-railroad-unemployment-insurance.md

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 363 — Exclusiveness of provisions; transfers from State unemployment compensation accounts to railroad unemployment insurance account

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section362/g&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1106&num=0&edition=prelim) 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,

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 360 — Railroad unemployment insurance account

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section358&num=0&edition=prelim) 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) 11 See References in Text note below. of this title; (ii) all amounts transferred or paid into the account pursuant to section 363 or [section 364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section364&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104/e&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section361&num=0&edition=prelim); (vii) all fines or penalties collected pursuant to the provisions of this chapter; and (viii

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 364 — District of Columbia account, transfer of

Page 144 TITLE 45—RAILROADS § 363a terest thereon at 21⁄2 per centum per annum from the date the amount thereof is determined by the Social Security Board. Notwithstanding the provisions of sec- tion 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 Unem- ployment Insurance Act [this section].’’ KENTUCKY Act Oct. 26, 1945, ch. 434, 59 Stat. 550, as amended by Reorg. Plan No. 2 of 1946, § 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, provided that $1,260,000 should con- stitute the total amount withheld by the Federal Secu- rity Administrator under subsec. (d) of this section for payment for the administration of Kentucky’s Unem- ployment Compensation Law, KRS 341.010–341.990. Executive Documents 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 Ad- ministrative Procedure Act (sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Em- ployees) in hearing examiners employed by Depart- ment, transferred to Secretary of Labor, with power vested in him to authorize th

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