45 U.S.C. § 352 — Benefits

Page 105 TITLE 45—RAILROADS § 352 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 con- tribution 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 33⁄4 percent] shall be effective as of the first day of the cal- endar 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 Pub. L. 85–927, pt. II, § 207, Sept. 6, 1958, 72 Stat. 1783, provided that: ‘‘(a) The amendments made by section 201(a) [amend- ing this section] shall be effective with respect to reg- istration 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 indi- cated therein, on the date of the enactment of this Act [Sept. 6, 1958].’’ EFFECTIVE DATE OF 1954 AMENDMENT Act Aug. 31, 1954, ch. 1164, pt. IV, §§ 401, 402, 68 Stat. 1042, provided that: ‘‘SEC. 401. The amendments made by this Act [enact- ing 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 Act Oct. 30, 1951, ch. 632, § 28, 65 Stat. 691, provided that: ‘‘The provisions of sections 26 and 27 of the Act [amending sections 350 and 354 of this title] shall be- come effective with respect to registration periods be- ginning 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, ch. 227, § 15, 56 Stat. 211, provided in part that: ‘‘The amendment in this section [amending this section] shall operate in the same manner and have the same effect as if it had been part of the Rail- road Unemployment Insurance Act [this chapter] when that Act was enacted on June 25, 1938: Provided, how- ever, 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 employ- ees of any local lodge or division of a railway-labor-or- ganization employer earned prior to July 1, 1940, and with respect to the compensation of employees of any general committee of a railway-labor-organization em- ployer earned prior to the enactment of this amend- ment 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 sub- stantially all, the individuals constituting the member- ship 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 rep- resented 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 indi- vidual rendering service to such a general committee was not located in the United States and if such re- turns are made and such contributions are paid by such a local lodge or division or by such a general com- mittee within the time allowed for making returns and paying contributions with respect to the first calendar quarter beginning after the enactment of this amend- ment.’’ EFFECTIVE DATE OF 1940 AMENDMENT Act Oct. 10, 1940, ch. 842, § 1, 54 Stat. 1094, 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 Rev- enue 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 sec- tions 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 sec- tion 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 there- under, 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 pur- poses of section 2(c) of the Railroad Unemployment In- surance 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 registra- tion period, beginning after October 31, 1940, of an em- ployee who has, subsequent to June 30, 1940, completed a waiting period under section 3(b) of the Railroad Un- employment Insurance Act [section 353(b) of this title], shall be determined and computed as though such reg- istration period were a subsequent registration period in the same benefit year.’’ EXCLUSION FROM WAGES AND COMPENSATION OF RE- FUNDS REQUIRED FROM EMPLOYERS TO COMPENSATE FOR DUPLICATION OF MEDICARE BENEFITS BY HEALTH CARE BENEFITS PROVIDED BY EMPLOYERS For purposes of this chapter, the term ‘‘compensa- tion’’ shall not include the amount of any refund re- quired 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. § 352. Benefits (a) Days for which benefits payable; determina- tion of amount (1)(A) PAYMENT OF UNEMPLOYMENT BENEFITS.— Page 106 TITLE 45—RAILROADS § 352 (i) GENERALLY.—Except as otherwise pro- vided 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 con- tinuing unemployment. (ii) WAITING PERIOD FOR FIRST REGISTRATION PERIOD.—Benefits shall be payable to any qualified employee for each day of unemploy- ment in excess of 7 during that employee’s first registration period in a period of con- tinuing unemployment if such period of con- tinuing unemployment is the employee’s ini- tial period of continuing unemployment com- mencing 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 in- cludes days of unemployment due to a stop- page of work because of a strike in the es- tablishment, 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 con- tinuing unemployment ends by reason of clause (v) but the stoppage of work con- tinues, the waiting period established in clause (ii) shall apply to the employee’s first registration period in a new period of con- tinuing unemployment based upon the same stoppage of work. (iv) DEFINITION OF PERIOD OF CONTINUING UN- EMPLOYMENT.—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 in- cludes more than 4 days of unemployment; (II) a series of consecutive registration pe- riods, each of which includes more than 4 days of unemployment; or (III) a series of successive registration pe- riods, 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 pre- ceding registration period. (v) SPECIAL RULE REGARDING END OF PE- RIOD.—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 bene- fits 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 com- pensation base. For purposes of the preceding sentence, an employee’s remuneration shall be deemed to include the gross amount of any re- muneration that would have become payable to that employee but did not become payable because that employee was not ready or will- ing 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 pro- vided 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 reg- istration 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 reg- istration period in a period of continuing sick- ness 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 registra- tion period in a period of continuing sickness is that registration period that first begins with 4 consecutive days of sickness and in- cludes more than 4 days of sickness. (iii) DEFINITION OF PERIOD OF CONTINUING SICKNESS.—For the purposes of this subpara- graph, 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 PE- RIOD.—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 en- gaged for an employer in the base year, but not less than $12.70: Provided, however, That for reg- istration 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 un- employment 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 max- imum daily benefit rate provided in paragraph (3) of this subsection. The daily rate of com- pensation referred to in this paragraph shall be determined by the Board on the basis of infor- mation 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 Page 107 TITLE 45—RAILROADS § 352 shall be the product of the monthly compensa- tion base, as computed under section 351(i)(2) of this title for the base year immediately pre- ceding the beginning of the benefit year, multi- plied 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. (5)(A) Notwithstanding paragraph (3), sub- section (c)(1)(B), and any other limitation on total benefits in this chapter, for registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, and for registration periods beginning after December 26, 2020, but on or before September 6, 2021, a recovery benefit shall be payable to a qualified employee with re- spect to any registration period in which the employee received unemployment benefits under paragraph (1)(A), and in any registration period in which the employee did not receive unem- ployment benefits due to the limitation in sub- section (c)(1)(B) or due to reaching the max- imum number of days of benefits in the benefit year beginning July 1, 2019, or July 1, 2020, or July 1, 2021, under subsection (c)(1)(A). No recov- ery benefits shall be payable under this section upon the exhaustion of the funds appropriated under subparagraph (B) for payment of benefits under this subparagraph. For registration peri- ods beginning on or after April 1, 2020, but on or before July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods beginning after December 26, 2020, but on or before Sep- tember 6, 2021, the recovery benefit payable under this subparagraph shall be in the amount of $600. (B) Out of any funds in the Treasury not oth- erwise appropriated, there are appropriated $425,000,000 to cover the cost of recovery benefits provided under subparagraph (A), to remain available until expended. (b) Time of payments The benefits provided for in this section shall be paid to an employee at such reasonable inter- vals as the Board may prescribe. (c) Maximum number of days for benefits (1) Normal benefits (A) Generally The maximum number of days of unem- ployment 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 ben- efits 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 unemploy- ment 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 serv- ices 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 unem- ployment) did not voluntarily leave work without good cause, and who had current rights to normal benefits for days of unem- ployment or days of sickness in a benefit year but has exhausted such rights, the ben- efit year in which such rights are exhausted shall be deemed not to be ended until the last day of the extended benefit period deter- mined 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 un- employment or first day of sickness, as the case may be, following the day on which the employee exhausts the employee’s then cur- rent rights to normal benefits for days of un- employment 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. (D) Temporary increase in extended unem- ployment benefits (i) Employees with 10 or more years of service Subject to clause (iii), in the case of an employee who has 10 or more years of serv- ice (as so defined), with respect to ex- tended unemployment benefits— (I) subparagraph (A) shall be applied by substituting ‘‘330 days of unemploy- Page 108 TITLE 45—RAILROADS § 352 1 See References in Text note below. 2 So in original. ment’’ for ‘‘65 days of unemployment’’; and (II) subparagraph (B) shall be applied by inserting ‘‘(or, in the case of unem- ployment benefits, 33 consecutive 14-day periods, except that no extended benefit period shall end before 20 consecutive 14- day periods after the date of enactment of the Continued Assistance for Unem- ployed Workers Act of 2020 1 have elapsed)’’ after ‘‘7 consecutive 14-day pe- riods’’. (ii) Employees with less than 10 years of service Subject to clause (iii), in the case of an employee who has less than 10 years of service (as so defined), with respect to ex- tended unemployment benefits, this para- graph shall apply to such an employee in the same manner as this paragraph would apply to an employee described in clause (i) if such clause had not been enacted and if— (A) subparagraph (A) were applied by substituting ‘‘265 days of unemploy- ment’’ for ‘‘65 days of unemployment’’; and (B) subparagraph (B) were applied by inserting ‘‘(or, in the case of unemploy- ment benefits, 27 consecutive 14-day pe- riods, except that no extended benefit period shall end before 20 consecutive 14- day periods after the date of enactment of the Continued Assistance for Unem- ployed Workers Act of 2020 1 have elapsed)’’ after ‘‘7 consecutive 14-day pe- riods’’. (iii) Application The provisions of clauses (i) and (ii) shall apply to an employee who received normal benefits for days of unemployment under this chapter during the period beginning July 1, 2019, and ending on June 30, 2022, except that the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period be- ginning after September 6, 2021..2 Notwith- standing the preceding sentence, no bene- fits shall be payable under this subpara- graph and clauses (i) and (ii) shall no longer be applicable upon the exhaustion of the funds appropriated under clause (v) for payment of benefits under this sub- paragraph. (iv) Treatment of certain calendar days No calendar day occurring during the pe- riod beginning on the first date with re- spect to which the employee has exhausted all rights to extended unemployment bene- fits under this paragraph as in effect on the day before the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 1 and ending with the date of such enactment may be treated as a day of unemployment for purposes of the payment of extended unemployment bene- fits under this paragraph. (v) Appropriation Out of any funds in the Treasury not otherwise appropriated, there are appro- priated $20,000,000 to cover the cost of addi- tional extended unemployment benefits provided under this subparagraph, to re- main available until expended. In addition to the amount appropriated by the pre- ceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemploy- ment benefits provided under this subpara- graph, to remain available until expended. In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treasury not otherwise appro- priated, there are appropriated $2,000,000 to cover the cost of additional extended un- employment benefits provided under this subparagraph, to remain available until expended. (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 unemploy- ment 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 unemploy- ment or sickness commences. (B) Exception In the case of a succeeding benefit year be- ginning in accordance with subparagraph (A) by reason of sickness, such sentence shall not operate to permit the payment of bene- fits in the period provided for in such sen- tence for any day of sickness beginning with the date on which the employee attains age 65, and continuing through the day pre- ceding 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 deter- minations 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 adminis- tered by the Board may, except as otherwise Page 109 TITLE 45—RAILROADS § 352 provided in this subsection, be made under regu- lations prescribed by the Board. If such indi- vidual dies before recovery is completed, recov- ery 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 representa- tive, 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 pay- ments or, with respect to payments which are to be made during a lifetime or lifetimes, by sub- tracting the total amount of benefits paid in ex- cess of the proper amount from the actuarial value, as determined by the Board, of such pay- ments 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 com- pleted 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, recov- ery would be contrary to the purpose of this chapter or would be against equity or good con- science. 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 recov- ery of such amount is waived under the third paragraph of this subsection or has been begun but cannot be completed under the first para- graph of this subsection. (e) Assignment, taxation, garnishment, attach- ment, etc., of benefits Notwithstanding any other law of the United States, or of any State, Territory, or the Dis- trict of Columbia, no benefits shall be assignable or be subject to any tax or to garnishment, at- tachment, or other legal process under any cir- cumstances 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 reg- istration 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 deter- mined 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 remu- neration 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 ac- count. 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 fur- ther 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 bene- fits accrued, such accrued benefits shall be paid, upon certification by the Board, to the indi- vidual 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 ac- count. (June 25, 1938, ch. 680, § 2, 52 Stat. 1096; June 20, 1939, ch. 227, §§ 7–9, 21, 53 Stat. 845, 848; Oct. 10, 1940, ch. 842, §§ 9–12, 54 Stat. 1095, 1096; July 31, 1946, ch. 709, §§ 305–307, 60 Stat. 736, 737; May 15, 1952, ch. 290, § 1, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt. III, § 304, 68 Stat. 1041; Aug. 12, 1955, ch. 869, § 4, 69 Stat. 716; Pub. L. 86–28, pt. III, §§ 302, 303(a), May 19, 1959, 73 Stat. 30; Pub. L. 89–700, title II, § 202, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90–257, title II, § 202, Feb. 15, 1968, 82 Stat. 23; Pub. L. 93–445, title IV, § 401, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94–92, title I, § 1(c)–(e), Aug. 9, 1975, 89 Stat. 461, 462; Pub. L. 98–76, title IV, § 412(a), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100–647, title VII, §§ 7101(c), 7201(a), Nov. 10, 1988, 102 Stat. 3758, 3774; Pub. L. 104–88, title III, § 324(3), Dec. 29, 1995, 109 Stat. 950; Pub. L. 104–251, §§ 2–5(b), Oct. 9, 1996, 110 Stat. 3161–3165; Pub. L. 111–5, div. B, title II, § 2006(a), Feb. 17, 2009, 123 Stat. 445; Pub. L. 111–92, § 9(a), Nov. 6, 2009, 123 Stat. 2988; Pub. L. 111–312, title V, § 505(a), Dec. 17, 2010, 124 Stat. 3308; Pub. L. 112–78, title II, § 202(a), Dec. 23, 2011, 125 Stat. 1283; Pub. L. 112–96, title II, § 2124(a), Feb. 22, 2012, 126 Stat. 167; Pub. L. 112–240, title V, § 504(a), Jan. 2, 2013, 126 Stat. 2344; Pub. L. 116–136, div. A, title II, §§ 2113, 2114(a), Mar. 27, 2020, 134 Stat. 334; Pub. L. 116–260, div. N, title II, §§ 232(a), 233(a), Dec. 27, 2020, 134 Stat. 1957; Pub. L. 117–2, title II, §§ 2901(a), 2902(a), Mar. 11, 2021, 135 Stat. 49.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(5)(A), (c)(2)(D)(iii), 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 Page 110 TITLE 45—RAILROADS § 352 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. The date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 and the date of such enactment, referred to in subsec. (c)(2)(D)(i)(II), (ii)(B), (iv), is the date of enactment of chapter 1 (§ 201 et seq.) of subtitle A of title II of div. N of Pub. L. 116–260, which was approved Dec. 27, 2020. Chapter 1 in- cluded subchapter III (§ 231 et seq.), known as the Con- tinued Assistance to Rail Workers Act of 2020, which, as part of chapter 1, was also approved Dec. 27, 2020. AMENDMENTS 2021—Subsec. (a)(5)(A). Pub. L. 117–2, § 2901(a), sub- stituted ‘‘September 6, 2021’’ for ‘‘March 14, 2021’’, in two places and ‘‘July 1, 2020, or July 1, 2021’’ for ‘‘or July 1, 2020’’. Subsec. (c)(2)(D)(i)(I). Pub. L. 117–2, § 2902(a)(1)(A), substituted ‘‘330 days’’ for ‘‘185 days’’. Subsec. (c)(2)(D)(i)(II). Pub. L. 117–2, § 2902(a)(1)(B), substituted ‘‘33 consecutive 14-day periods’’ for ‘‘19 con- secutive 14-day periods’’ and ‘‘20 consecutive 14-day pe- riods’’ for ‘‘6 consecutive 14-day periods’’. Subsec. (c)(2)(D)(ii)(A). Pub. L. 117–2, § 2902(a)(2)(A), substituted ‘‘265 days of unemployment’’ for ‘‘120 days of unemployment’’. Subsec. (c)(2)(D)(ii)(B). Pub. L. 117–2, § 2902(a)(2)(B), (C), substituted ‘‘27 consecutive 14-day periods’’ for ‘‘12 consecutive 14-day periods’’ and ‘‘20 consecutive 14-day periods’’ for ‘‘6 consecutive 14-day periods’’. Subsec. (c)(2)(D)(iii). Pub. L. 117–2, § 2902(a)(3), sub- stituted ‘‘June 30, 2022’’ for ‘‘June 30, 2021’’ and ‘‘the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period begin- ning after September 6, 2021.’’ for ‘‘the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period begin- ning after April 5, 2021.’’ Subsec. (c)(2)(D)(v). Pub. L. 117–2, § 2902(a)(4), inserted at end ‘‘In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treas- ury not otherwise appropriated, there are appropriated $2,000,000 to cover the cost of additional extended un- employment benefits provided under this subparagraph, to remain available until expended.’’ 2020—Subsec. (a)(5). Pub. L. 116–136, § 2113, added par. (5). Subsec. (a)(5)(A). Pub. L. 116–260, § 232(a), inserted ‘‘and for registration periods beginning after December 26, 2020, but on or before March 14, 2021,’’ after ‘‘July 31, 2020,’’, substituted ‘‘a recovery benefit’’ for ‘‘a recovery benefit in the amount of $1,200’’ and ‘‘July 1, 2019, or July 1, 2020’’ for ‘‘July 1, 2019’’, and inserted at end ‘‘For registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods beginning after De- cember 26, 2020, but on or before March 14, 2021, the re- covery benefit payable under this subparagraph shall be in the amount of $600.’’ Subsec. (c)(2)(D)(i)(I). Pub. L. 116–260, § 233(a)(1)(A), substituted ‘‘185 days’’ for ‘‘130 days’’. Subsec. (c)(2)(D)(i)(II). Pub. L. 116–260, § 233(a)(1)(B), substituted ‘‘19 consecutive 14-day periods, except that no extended benefit period shall end before 6 consecu- tive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 have elapsed’’ for ‘‘13 consecutive 14-day periods’’. Subsec. (c)(2)(D)(ii). Pub. L. 116–260, § 233(a)(2), in in- troductory provisions, substituted ‘‘if such clause had not been enacted and if—’’ for ‘‘if such clause had not been enacted.’’, and added subcls. (A) and (B). Subsec. (c)(2)(D)(iii). Pub. L. 116–260, § 233(a)(3), sub- stituted ‘‘June 30, 2021’’ for ‘‘June 30, 2020’’, ‘‘except that the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registra- tion period beginning after April 5, 2021.’’ for ‘‘except that no extended benefit period under this paragraph shall begin after December 31, 2020’’, and ‘‘clause (v)’’ for ‘‘clause (iv)’’. Pub. L. 116–136, § 2114(a), substituted ‘‘July 1, 2019’’ for ‘‘July 1, 2008’’, ‘‘June 30, 2020’’ for ‘‘June 30, 2013’’, and ‘‘December 31, 2020’’ for ‘‘December 31, 2013’’. Subsec. (c)(2)(D)(iv), (v). Pub. L. 116–260, § 233(a)(4), (5), added cl. (iv) and redesignated former cl. (iv) as (v). 2013—Subsec. (c)(2)(D)(iii). Pub. L. 112–240 substituted ‘‘June 30, 2013’’ for ‘‘June 30, 2012’’ and ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2012—Subsec. (c)(2)(D)(iii). Pub. L. 112–96 substituted ‘‘June 30, 2012’’ for ‘‘August 31, 2011’’ and ‘‘December 31, 2012’’ for ‘‘February 29, 2012’’. 2011—Subsec. (c)(2)(D)(iii). Pub. L. 112–78 substituted ‘‘August 31, 2011’’ for ‘‘June 30, 2011’’ and ‘‘February 29, 2012’’ for ‘‘December 31, 2011’’. 2010—Subsec. (c)(2)(D)(iii). Pub. L. 111–312 substituted ‘‘June 30, 2011’’ for ‘‘June 30, 2010’’ and ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (c)(2)(D). Pub. L. 111–5 added subpar. (D). Subsec. (c)(2)(D)(iii). Pub. L. 111–92, § 9(a)(1), sub- stituted ‘‘June 30, 2010’’ for ‘‘June 30, 2009’’ and ‘‘De- cember 31, 2010’’ for ‘‘December 31, 2009’’. Subsec. (c)(2)(D)(iv). Pub. L. 111–92, § 9(a)(2), inserted at end ‘‘In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended un- employment benefits provided under this subparagraph, to remain available until expended.’’ 1996—Subsec. (a)(1)(A). Pub. L. 104–251, § 2, inserted heading and amended text generally. Prior to amend- ment, 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 unemploy- ment in excess of 4 during any registration period. ‘‘(ii) No benefits shall be payable for days of unem- ployment 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, prem- ises, or enterprise at which such employee was last em- ployed, no benefits shall be payable for the first 14 days of unemployment due to such stoppage of work. How- ever, 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, § 3, inserted heading and amended text generally. Prior to amendment, text read as follows: ‘‘(B)(i) Except as otherwise provided in this subpara- graph, benefits shall be payable to any qualified em- ployee for each day of sickness after the 4th consecu- tive day of sickness in a period of continuing sickness but excluding 4 days of sickness in any registration pe- riod. ‘‘(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 sin- gle cause without interruption of more than 90 consecu- tive days which are not days of sickness.’’ Subsec. (a)(3). Pub. L. 104–251, § 4, amended par. (3) generally. Prior to amendment, par. (3) provided the formula under which the Board was required to com- pute 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, § 5(a), inserted heading and amended text generally, designating existing provi- sions relating to normal benefits, extended benefits, Page 111 TITLE 45—RAILROADS § 352 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, § 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 ‘‘Sur- face Transportation Board, adjusted, as determined by the Railroad Retirement Board’’ for ‘‘Interstate Com- merce Commission, adjusted, as determined by the Board’’. 1988—Subsec. (a)(1). Pub. L. 100–647, § 7201(a)(1), (2), in- serted ‘‘(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 un- employment 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 sick- ness in any registration period. A period of continuing sickness means (i) a period of consecutive days of sick- ness, 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, § 7201(a)(3)–(6), inserted ‘‘(2)’’ before ‘‘The daily benefit’’, substituted ‘‘sickness, that for’’ for ‘‘sickness and that for’’, inserted ‘‘but be- fore 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 ex- ceed $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 ben- efit rate provided in paragraph (3) of this subsection.’’ after ‘‘unemployment or sickness’’. Subsec. (a)(3). Pub. L. 100–647, § 7201(a)(7), added par. (3). Subsec. (a)(4). Pub. L. 100–647, § 7201(a)(8), inserted ‘‘(4)’’ before ‘‘In computing benefits’’. Subsec. (c). Pub. L. 100–647, § 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 compensa- tion 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 unemploy- ment 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 pro- visions 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 estab- lishment, premises, or enterprise at which he was last employed, other than a strike subject to the disquali- fication 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 con- secutive 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, § 1(c)(1), in- serted 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, § 1(c)(2), sub- stituted provisions for a daily rate of unemployment and sickness benefits, for registration periods begin- ning 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 min- imum qualifying base year compensation, and rising to a maximum of $12.70, which is reached by those who re- ceived 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 pe- riod. Subsec. (c). Pub. L. 94–92, § 1(d), inserted exception provision in first proviso and proviso respecting an em- ployee with less than ten years of service. Subsec. (h). Pub. L. 94–92, § 1(e), added subsec. (h). 1974—Subsec. (c). Pub. L. 93–445, § 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 de- fined 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, § 401(b), substituted ‘‘sec- tion 231e(a)(1) of this title’’ for ‘‘section 228c(f)(1) of this title’’ in two places. 1968—Subsec. (a). Pub. L. 90–257, § 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 remain- ing 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 max- imum 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, § 202(b), removed all ref- erences to payment of maternity benefits, made provi- sion for extended sickness benefits similar to extended unemployment benefits, added to existing provisions for the early beginning of a general benefit year (or ac- celerated benefit year) in certain cases involving days of unemployment similar provisions for a similar early beginning of a general benefit year in certain cases in- volving days of sickness, and inserted provisions deal- ing 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 ben- efit year and relating to the evidence of age on which the Board may rely for purposes of determining the at- tainment of age 65. 1966—Subsec. (a). Pub. L. 89–700, § 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, § 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, § 302, substituted ‘‘for each day of unemployment in excess of four during any registration period, and’’ for ‘‘for each day of unem- ployment in excess of seven during the first registra- tion 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 sub- sequent registration period in the same benefit year, and’’, ‘‘60 per centum’’ for ‘‘50 per centum’’, and ‘‘not to Page 112 TITLE 45—RAILROADS § 352 exceed $10.20’’ for ‘‘not to exceed $8.50’’, and increased the daily benefit rates. Subsec. (c). Pub. L. 86–28, § 303(a), provided for an ex- tended benefit period with respect to employees who have ten or more years of service, who did not volun- tarily leave work without good cause or voluntarily re- tire, 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 ex- emption applies to the laws of the several States, the District of Columbia, and the Territories. 1954—Subsec. (a). Act Aug. 31, 1954, § 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, § 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, § 305, changed first and second pars. to include benefits for days of sick- ness, changed reference to total amount of compensa- tion payable to him in second par. to total compensa- tion, 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 com- putation of benefits. Subsec. (c). Act July 31, 1946, § 306, increased max- imum days of unemployment to 130 and established same maximum for days of sickness. Subsec. (f). Act July 31, 1946, § 307, inserted references to sickness. 1940—Subsec. (a). Act Oct. 10, 1940, § 9, designated ex- isting provisions as cl. (i), substituted registration pe- riod 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, § 10, substituted provi- sions relating to maximum number of days of unem- ployment within a benefit year, for provisions relating to maximum benefits payable to an employee within his benefit year. Subsec. (d). Act Oct. 10, 1940, § 11, substituted provi- sions relating to adjustments for erroneous payments and procedure for recovery of such payments, for provi- sions making applicable section 228i of this title for ad- justments and recovery of erroneous payments. Subsec. (f). Act Oct. 10, 1940, § 12, in cl. (i) substituted provisions relating to registration periods for provi- sions relating to benefits paid with respect to any pe- riod, and in text following cl. (ii) inserted condition re- lating to benefits which were paid upon the basis of days determined to be days of unemployment and in- cluded in the period for which remuneration is payable. 1939—Subsec. (a). Act June 20, 1939, § 7, struck out ex- ception relating to part-time workers. Subsec. (d). Act June 20, 1939, §§ 8, 9, redesignated sub- sec. (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, § 9, redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Subsecs. (f), (g). Act June 20, 1939, § 9, redesignated subsec (g) as (f) and struck out reference to subsec. (a). Former subsec. (f) redesignated (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–251, § 6, Oct. 9, 1996, 110 Stat. 3165, 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 1301 of Title 49, Transpor- tation. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–647, title VII, § 7201(b), Nov. 10, 1988, 102 Stat. 3776, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments 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 sub- section (a) shall apply with respect to registration peri- ods beginning after June 30, 1988.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–76, title IV, § 412(b), Aug. 12, 1983, 97 Stat. 436, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall apply with respect to days of unemployment in registration periods begin- ning after December 31, 1983.’’ EFFECTIVE DATE OF 1975 AMENDMENT; REDUCTION OF BENEFITS IN VIEW OF COVERAGE UNDER NONGOVERN- MENTAL PLAN; FILING CLAIMS FOR PAYMENTS TO IN- SURERS AND EMPLOYERS Amendment by section 1(c), (d)(1) of Pub. L. 94–92 ef- fective 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 pay- ments 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 begin- ning 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 Pub. L. 90–257, title II, § 208, Feb. 15, 1968, 82 Stat. 25, 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 [amend- ing 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 registra- tion 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 reg- istration 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 Page 113 TITLE 45—RAILROADS § 352 or after July 1, 1967. The amendment made by section 204(a) [amending section 354 of this title] shall be effec- tive with respect to calendar days in benefit years be- ginning 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 ex- tended 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 Act Aug. 12, 1955, ch. 869, § 4, 69 Stat. 716, provided that the amendment made by section 4 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 Act May 15, 1952, ch. 290, § 3, 66 Stat. 73, 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, effec- tive July 1, 1946, see section 402 of that Act. Act July 31, 1946, ch. 709, § 403, 60 Stat. 742, provided that: ‘‘Sections 301, 302, 303, 304, 305 (except for the revi- sion 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. CLARIFICATION ON AUTHORITY TO USE FUNDS Pub. L. 117–2, title II, § 2901(b), Mar. 11, 2021, 135 Stat. 49, provided that: ‘‘Funds appropriated under subpara- graph (B) of section 2(a)(5) of the Railroad Unemploy- ment Insurance Act (45 U.S.C. 352(a)(5)) shall be avail- able to cover the cost of recovery benefits provided under such section 2(a)(5) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(a)(5) as in effect on the day before the date of enactment of this Act [Mar. 11, 2021].’’ Pub. L. 117–2, title II, § 2902(b), Mar. 11, 2021, 135 Stat. 50, provided that: ‘‘Funds appropriated under the first, second, or third sentence of clause (v) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act [45 U.S.C. 352(c)(2)(D)] shall be available to cover the cost of additional extended unemployment benefits pro- vided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day before the date of enactment of this Act [Mar. 11, 2021].’’ Pub. L. 116–260, div. N, title II, § 232(b), Dec. 27, 2020, 134 Stat. 1957, provided that: ‘‘Funds appropriated under subparagraph (B) of section 2(a)(5) of the Rail- road Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be available to cover the cost of recovery benefits provided under such section 2(a)(5) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(a)(5) as in effect on the day before the date of enactment of this Act [Dec. 27, 2020].’’ Pub. L. 116–260, div. N, title II, § 233(c), Dec. 27, 2020, 134 Stat. 1958, provided that: ‘‘Funds appropriated under either the first or second sentence of clause (v) of section 2(c)(2)(D) of the Railroad Unemployment In- surance Act [45 U.S.C. 352(c)(2)(D)] (as redesignated by subsection (a)(4)) shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amend- ments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day be- fore the date of enactment of this Act [Dec. 27, 2020].’’ Pub. L. 116–136, div. A, title II, § 2114(b), Mar. 27, 2020, 134 Stat. 334, provided that: ‘‘Funds appropriated under either the first or second sentence of clause (iv) [now (v)] of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act [45 U.S.C. 352(c)(2)(D)(v)] shall be avail- able to cover the cost of additional extended unemploy- ment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day before the date of enactment of this Act [Mar. 27, 2020].’’ EXTENDED UNEMPLOYMENT BENEFITS AND ADMINISTRATIVE EXPENSES Pub. L. 112–240, title V, § 504(b), (c), Jan. 2, 2013, 126 Stat. 2345, provided that: ‘‘(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.— Funds appropriated under either the first or second sentence of clause (iv) [now (v)] of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act [45 U.S.C. 352(c)(2)(D)(v)] shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amend- ments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day be- fore the date of enactment of this Act [Jan. 2, 2013]. ‘‘(c) FUNDING FOR ADMINISTRATION.—Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $250,000 for administrative expenses associated with the pay- ment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unem- ployment Insurance Act by reason of the amendments made by subsection (a), to remain available until ex- pended.’’ EXTENDED RAILROAD UNEMPLOYMENT INSURANCE BENE- FITS DURING PERIODS OF HIGH NATIONAL UNEMPLOY- MENT Pub. L. 102–164, title V, § 501, Nov. 15, 1991, 105 Stat. 1064, as amended by Pub. L. 102–182, § 3(a)(6), (7), Dec. 4, 1991, 105 Stat. 1234; Pub. L. 102–244, § 5, Feb. 7, 1992, 106 Stat. 5; Pub. L. 102–318, title I, § 105, July 3, 1992, 106 Stat. 293; Pub. L. 103–6, § 3(a), (b), Mar. 4, 1993, 107 Stat. 33; Pub. L. 103–152, §§ 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 Feb- ruary 1994. ‘‘(b) EFFECTIVE DATES.— ‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), no employee shall have an extended ben- efit 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 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)] shall be ap- plied by substituting ‘13’ for ‘seven’. ‘‘(2) PHASE-OUT.— ‘‘(A) BENEFITS ON OR AFTER JUNE 14, 1992.—Effec- tive 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 sub- stituting ‘50’ for ‘130’. ‘‘(ii) Effective after October 2, 1993, subpara- graph (A) of this paragraph and subparagraphs (B) and (C) of paragraph (1) shall not apply and sub- paragraph (A) of paragraph (1) shall be applied by substituting ‘35’ for ‘130’. ‘‘(C) LIMITATIONS ON REDUCTIONS.—Notwith- standing 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 ex- tended benefits by reason of this section, for any day during a week which precedes a period for which a reduction under this paragraph takes ef- fect, such reduction shall not apply for purposes of determining the amount of benefits payable to such individual for any day thereafter for which the indi- vidual 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 in- dividual 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.’’ [Pub. L. 103–6, § 3(c), Mar. 4, 1993, 107 Stat. 33, provided that: ‘‘The amendments made by this section [amend- ing 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 in- cluded 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 Pub. L. 100–647, title VII, § 7107, Nov. 10, 1988, 102 Stat. 3774, 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 un- employment compensation program arising from fraud and payment errors; and ‘‘(4) such other matters relating to such fraud and payment errors as the Comptroller General deter- mines are appropriate.’’ BENEFITS FOR CERTAIN EMPLOYEES WHO EXHAUSTED RIGHTS TO BENEFITS BEFORE APRIL 1, 1959 Pub. L. 86–28, pt. III, § 303(b), May 19, 1959, 73 Stat. 31, provided that: ‘‘An employee who has less than ten years of service as defined in section 1(f) of the Rail- road 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 unem- ployment benefits for days of unemployment, not ex- ceeding 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 unem- ployment 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 es- tablish a claim under this subsection, and an employee who has registered for, and established a claim for ben- efits under this subsection may not thereafter establish a claim under the Temporary Unemployment Com- pensation Act of 1958. Except to the extent inconsistent with this subsection, the provisions of the Railroad Un- employment Insurance Act [this chapter] shall be ap- plicable in the administration of this subsection.’’ INTERCHANGE OF INFORMATION BETWEEN SECRETARY OF LABOR AND RAILROAD RETIREMENT BOARD Pub. L. 86–28, pt. III, § 303(c), May 19, 1959, 73 Stat. 31, 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 in- formation deemed necessary by the Secretary for the administration of the Temporary Unemployment Com- pensation Act of 1958 [section 1400 et seq. of Title 42, The Public Health and Welfare].’’ § 353. Qualifying condition An employee shall be a ‘‘qualified employee’’ if the Board finds that his compensation with