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 their performance or per- formance of any of his functions by any officers, agen- cies, and employees of Department of Labor, by Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. Functions of Federal Security Administrator with re- spect to unemployment compensation transferred to Secretary of Labor by Reorg. Plan No. 2 of 1949, § 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, agen- cies, 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 di- rection 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 per- sonnel, property, records, and funds, see section 12 of the Reorganization Plan. § 363a. Refunds of State unemployment contribu- tions by employees; amount; application pe- riod; definitions (a) Notwithstanding any other provision of law, in any case where an employee amount (as hereinafter defined) was paid from a State un- employment 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 pay- ment 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 em- ployee shall be in proportion to the contribu- tions 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 employ- ees. (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 In- surance Act [45 U.S.C. 351 et seq.]. (Aug. 2, 1946, ch. 743, 60 Stat. 806; Aug. 6, 1947, ch. 509, 61 Stat. 793.) Editorial Notes REFERENCES IN TEXT The Railroad Unemployment Insurance Act, referred to in subsec. (b)(3), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to this chapter. For complete classification of this Act to the Code, see sec- tion 367 of this title and Tables. CODIFICATION Section was not enacted as a part of the Railroad Un- employment Insurance Act which comprises this chap- ter. AMENDMENTS 1947—Subsec. (a). Act Aug. 6, 1947, extended time for application for refund from twelve months to two years after Aug. 2, 1946. § 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 Co- lumbia, pursuant to section 363 of this title. (June 25, 1938, ch. 680, § 14(b), 52 Stat. 1113.) § 365. Omitted Editorial Notes CODIFICATION Section, acts June 25, 1938, ch. 680, § 15, 52 Stat. 1113; June 20, 1939, ch. 227, § 19, 53 Stat. 844, related to transi- tional provisions occurring before July 1, 1939. § 366. Separability If any provision of this chapter or the applica- tion there of to any person or circumstance is held invalid, the application of such provision to