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

Page 131 TITLE 45—RAILROADS § 360 1 See References in Text note below. EFFECTIVE DATE OF 1963 AMENDMENT Pub. L. 88–133, title III, § 303(a), Oct. 5, 1963, 77 Stat. 222, provided that the amendment made by section 303(a) is effective with respect to compensation paid after Dec. 31, 1963. Pub. L. 88–133, title III, § 304, Oct. 5, 1963, 77 Stat. 223, provided that the amendment made by section 304 is ef- fective 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 fol- lowing 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 Act June 23, 1948, ch. 608, § 5(b), 62 Stat. 578, provided that: ‘‘Contributions paid under subsection (a) of sec- tion 8 of the Railroad Unemployment Insurance Act, as amended [subsec. (a) of this section], prior to the enact- ment of the foregoing amendment thereof [June 23, 1948] which are in excess of those required by said sub- section 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].’’ § 359. Penalties (a) Failure to make report or furnish informa- tion; false or fraudulent statement or claim Any officer or agent of an employer, or any employee representative, or any employee act- ing 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 state- ment or report when a statement or report is re- quired to be made for the purposes of this chap- ter, or who shall knowingly make or aid in mak- ing 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 imprison- ment 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 per- mit any employee to bear all or any portion of such contribution. Any employer, or officer or agent of an employer, who violates any provi- sion 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 other- wise 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 pur- suant 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. (June 25, 1938, ch. 680, § 9, 52 Stat. 1103.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 25, 1938, ch. 680, 52 Stat. 1094, which enacted this chapter and amended sections 503 and 1104 and former section 1107 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 367 of this title and Tables. § 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 pur- suant 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 inter- est 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 ap- propriated to the account in accordance with any provision of this chapter or with any provi- sion of law now or hereafter adopted; (iv) a pro- portionate part of the earnings of the unemploy- ment 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 col- lected pursuant to the provisions of this chap- ter; and (viii) all amounts credited thereto pur- suant 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 ap- propriated to the Board to be continuously available to the Board without further appro- priation, for the payment of benefits and refunds Page 132 TITLE 45—RAILROADS § 360 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 pro- vided 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 Gov- ernment Accountability 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 ac- count such moneys as the Board estimates would be necessary for the payment of such ben- efits 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 trans- ferred 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 in- surance account to the credit of the Railroad Retirement Account such moneys as in its judg- ment 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 in- terest 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 unem- ployment 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. (June 25, 1938, ch. 680, § 10 (less (e)–(g)), 52 Stat. 1104; June 20, 1939, ch. 227, § 13, 53 Stat. 848; 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; June 23, 1948, ch. 608, § 7, 62 Stat. 578; Pub. L. 86–28, pt. III, § 308(a), May 19, 1959, 73 Stat. 32; Pub. L. 88–133, title III, § 305, Oct. 5, 1963, 77 Stat. 223; Pub. L. 89–700, title II, § 205, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90–257, title II, § 205, Feb. 15, 1968, 82 Stat. 24; Pub. L. 93–445, title IV, § 403, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94–92, title I, § 1(i), Aug. 9, 1975, 89 Stat. 464; Pub. L. 98–76, title III, § 302, Aug. 12, 1983, 97 Stat. 432; Pub. L. 99–107, § 4, Sept. 30, 1985, 99 Stat. 479; Pub. L. 99–155, § 2(c), Nov. 14, 1985, 99 Stat. 814; Pub. L. 99–181, § 3, Dec. 13, 1985, 99 Stat. 1172; Pub. L. 99–189, § 3, Dec. 18, 1985, 99 Stat. 1184; Pub. L. 99–272, title XIII, § 13302, Apr. 7, 1986, 100 Stat. 327; Pub. L. 100–647, title VII, § 7103(b)(1), Nov. 10, 1988, 102 Stat. 3770; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes 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, § 7102(d)(1), Nov. 10, 1988, 102 Stat. 3769. This chapter, referred to in subsecs. (a), (b), and (d), was in the original ‘‘this Act’’, meaning act June 25, 1938, ch. 680, 52 Stat. 1094, which enacted this chapter and amended sections 503 and 1104 and former section 1107 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see sec- tion 367 of this title and Tables. CODIFICATION Section 10(e)–(g) of act June 25, 1938, amended section 1104 of Title 42, The Public Health and Welfare. AMENDMENTS 2004—Subsec. (b). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 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 Rail- road 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 ‘‘Decem- ber 19, 1985’’ for ‘‘December 18, 1985’’ wherever appear- ing. 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, § 1(i)(1), substituted ‘‘0.5’’ for ‘‘0.25’’. Subsec. (a)(ii). Pub. L. 94–92, § 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 sub- section 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 re- designated (e) for purposes of codification, and which provided for annual adjustment of account and transfer of funds from Railroad Retirement Account. Page 133 TITLE 45—RAILROADS § 361 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 pur- poses 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 pur- pose of paying benefits. 1948—Subsec. (a)(i). Act June 23, 1948, changed com- putation of insurance account. 1939—Subsec. (a). Act June 20, 1939, substituted ‘‘(f)’’ for ‘‘(g)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 applicable with re- spect 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 Pub. L. 88–133, title III, § 305, Oct. 5, 1963, 77 Stat. 223, provided that the amendment made by section 305 is ef- fective after June 30, 1964. EFFECTIVE DATE OF 1959 AMENDMENT Pub. L. 86–28, pt. III, § 308(b), May 19, 1959, 73 Stat. 33, 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].’’ Executive Documents TRANSFER OF FUNCTIONS ‘‘Fiscal Service’’ substituted for ‘‘Division of Dis- bursements’’ 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 Appen- dix to Title 5, Government Organization and Employ- ees, which consolidated such division into Fiscal Serv- ice of Treasury Department. See section 306 of Title 31, Money and Finance. § 361. Railroad unemployment insurance admin- istration fund (a) Maintenance of account; amounts consti- tuting fund The Secretary of the Treasury shall maintain in the unemployment trust fund established pur- suant to section 904 of the Social Security Act [42 U.S.C. 1104] an account to be known as the railroad unemployment insurance administra- tion fund. This unemployment insurance admin- istration 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 addi- tional amounts as Congress may appropriate for expenses necessary or incidental to admin- istering 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 pro- vided for expenses necessary or incidental to ad- ministering 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 re- spect 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 ap- propriated or has been appropriated to States or Territories pursuant to the Act of Congress ap- proved August 24, 1937 (Public, Numbered 353, Seventy-fifth Congress), as proceeds of taxes paid by employers pursuant to title IX of the So- cial Security Act. Until the amount appropriated by this sub- section 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 fur- ther appropriation for any expenses necessary or incidental to administering this chapter, includ- ing personal services in the District of Columbia and elsewhere; travel expenses, including ex- penses of attendance at meetings when author- ized by the Board; actual transportation ex- penses and not to exceed $10 per diem to cover subsistence and other expenses while in attend- ance 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 advi- sory purposes in furthering the work of the Board; when found by the Board to be in the in- terest of the Government, not exceeding 3 per centum, in any fiscal year, of the amounts cred- ited during such year to the fund, for engaging persons or organizations, by contract or other- wise, for any special technical or professional