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45 U.S.C. § 353 — Qualifying condition

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

45 U.S.C. § 353 — Qualifying condition

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351/i&num=0&edition=prelim), 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.

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Source file: Laws/federal/codes/united-states-code/title-45/section-353-qualifying-condition--afe23cd9b6.md
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Source location: Title 45, Chapter 11, § 353; chapter-011-railroad-unemployment-insurance.md

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

45 U.S.C. § 351 — Definitions

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 mor

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

45 U.S.C. § 352 — Benefits

**(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 limi

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45 U.S.C. § 362 — Duties and powers of Board

**(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

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

45 U.S.C. § 353 — Qualifying condition

Page 114 TITLE 45—RAILROADS § 353 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 em- ployee shall continue to be entitled to extended un- employment benefits for days of unemployment in registration periods included in such extended benefit period, provided that such employee meets the eligi- bility requirements of this section and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. ‘‘(3) REACHBACK PROVISIONS.—If an employee has ex- hausted that employee’s rights to normal unemploy- ment benefits under section 2(c) of the Railroad Un- employment 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 bene- fits 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 Unemploy- ment Insurance Act [45 U.S.C. 352(h)(1)

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