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

Page 114 TITLE 45—RAILROADS § 353 section 2(c) of the Railroad Unemployment Insurance Act and the last day of such extended benefit period, as established, is after February 5, 1994, such em- ployee shall continue to be entitled to extended un- employment benefits for days of unemployment in registration periods included in such extended benefit period, provided that such employee meets the eligi- bility requirements of this section and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. ‘‘(3) REACHBACK PROVISIONS.—If an employee has ex- hausted that employee’s rights to normal unemploy- ment benefits under section 2(c) of the Railroad Un- employment Insurance Act [45 U.S.C. 352(c)] after February 28, 1991, but before November 17, 1991, such employee shall, for the purposes of the application of this section, be deemed to have exhausted such rights after November 17, 1991. ‘‘(c) LIMITATION ON PAYMENT.—Extended benefits under this section shall be payable for a maximum of 65 days of unemployment, including any extended bene- fits payable by reason of the application of the reachback provisions. ‘‘(d) ENLARGEMENT OF BENEFITS.— ‘‘(1) GENERALLY.—During the period that begins on the date of the enactment of this subsection [Feb. 7, 1992]— ‘‘(A) subsection (c) of this section shall be applied by substituting ‘130’ for ‘65’; ‘‘(B) section 2(c) of the Railroad Unemployment Insurance Act [45 U.S.C. 352(c)] shall be applied— ‘‘(i) by substituting ‘13 (but not more than 130 days)’ for ‘7 (but not more than 65 days)’ in the table; and ‘‘(ii) by substituting ‘but not by more than 130 days’ for ‘but not by more than sixty-five days’ in the second proviso; and ‘‘(C) section 2(h)(1) of the Railroad Unemploy- ment Insurance Act [45 U.S.C. 352(h)(1)] 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 Page 115 TITLE 45—RAILROADS § 354 respect to the base year will have been not less than 2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title, and, if such employee has had no compensation prior to such year, that he will have had compensation with respect to each of not less than five months in such year. (June 25, 1938, ch. 680, § 3, 52 Stat. 1097; June 20, 1939, ch. 227, § 10, 53 Stat. 845; Oct. 10, 1940, ch. 842, § 13, 54 Stat. 1097; July 31, 1946, ch. 709, § 308, 60 Stat. 737; May 15, 1952, ch. 290, § 2, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt. III, § 303, 68 Stat. 1041; Pub. L. 86–28, pt. III, § 304, May 19, 1959, 73 Stat. 31; Pub. L. 88–133, title III, § 301(a), Oct. 5, 1963, 77 Stat. 222; Pub. L. 90–257, title II, § 203, Feb. 15, 1968, 82 Stat. 24; Pub. L. 94–92, title I, § 1(f), Aug. 9, 1975, 89 Stat. 463; Pub. L. 98–76, title IV, § 411(a)(2), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100–647, title VII, § 7202(a), Nov. 10, 1988, 102 Stat. 3776.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–647 inserted ‘‘with respect to the base year’’ after ‘‘his compensation’’ and substituted ‘‘2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title’’ for ‘‘$1,500 with respect to the base year’’. 1983—Pub. L. 98–76 substituted ‘‘$1,500’’ for ‘‘$1,000’’. 1975—Pub. L. 94–92 substituted ‘‘five’’ for ‘‘seven’’ months. 1968—Pub. L. 90–257 substituted ‘‘$1,000’’ for ‘‘$750’’. 1963—Pub. L. 88–133 increased from $500 to $750 the amount of compensation in a base year required to qualify for benefits and provided that if employee has had no compensation prior to such year he will have had compensation with respect to each of not less than 7 months in such year. 1959—Pub. L. 86–28 substituted ‘‘$500’’ for ‘‘$400’’. 1954—Act Aug. 31, 1954, substituted ‘‘$400’’ for ‘‘$300’’. 1952—Act May 15, 1952, substituted ‘‘$300’’ for ‘‘$150’’ to conform to the new table of daily benefit rates as set out in section 352 of this title. 1946—Act July 31, 1946, changed section to relate to compensation paid instead of compensation earned dur- ing a year. 1940—Act Oct. 10, 1940, reorganized structure by strik- ing out designations for subsecs. ‘‘(a)’’ and ‘‘(b)’’ and, as so restructured, provisions of former subsec. (a) became entire section and defined ‘‘qualified employee’’ and provisions of former subsec. (b), which related to the employee’s waiting period, were omitted. 1939—Subsec. (b). Act June 20, 1939, substituted provi- sions relating to half-months as the waiting period, for provisions relating to fifteen consecutive days of unem- ployment or two half months. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–647, title VII, § 7202(b), Nov. 10, 1988, 102 Stat. 3776, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Nov. 10, 1988].’’ EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–76 applicable to compensa- tion paid for services rendered after Dec. 31, 1983, see section 411(b) of Pub. L. 98–76, set out as a note under section 351 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94–92 effective for services rendered after Dec. 31, 1973, see section 2 of Pub. L. 94–92, set out as a note under section 351 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–257 effective with respect to base years beginning in calendar years after Decem- ber 31, 1966, except that with respect to the base year in calendar year 1967 such amendments not to be appli- cable to an employee whose compensation with respect to that base year was not less than $750 but was less than $1,000, see section 208 of Pub. L. 90–257, set out as a note under section 352 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Pub. L. 88–133, title III, § 301(b), Oct. 5, 1963, 77 Stat. 222, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall be fully effec- tive with respect to base years after 1963. With respect to the base year 1963, they shall be applicable only to an employee concerning whom the Railroad Retire- ment Board finds that his compensation in that portion of the calendar year 1963 preceding the first day of the calendar month next following the month of enactment of this Act [October 1963] will have been less than $500.’’ EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–28 effective with respect to base years after the base year ending Dec. 31, 1957, see section 309 of Pub. L. 86–28, set out as a note under sec- tion 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 1952 AMENDMENT Amendment by act May 15, 1952, effective with re- spect to benefit years beginning on and after July 1, 1952, see section 3 of act May 15, 1952, set out as a note under section 352 of this title. EFFECTIVE DATE OF 1946 AMENDMENT Amendment by act July 31, 1946, effective 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 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. § 354. Disqualifying conditions (a–1) Day of unemployment or day of sickness There shall not be considered as a day of un- employment, or as a day of sickness, with re- spect to any employee— (i) any of the seventy-five days beginning with the first day of any registration period with respect to which the Board finds that he knowingly made or aided in making or caused to be made any false or fraudulent statement or claim for the purpose of causing benefits to be paid; (ii) any day in any period with respect to which the Board finds that he is receiving or will have received annuity payments under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.], or insurance benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.], or unemployment, maternity, or sick- ness benefits under an unemployment, mater- nity, or sickness compensation law other than this chapter, or any other social-insurance payments under any law: Provided, That if an employee receives or is held entitled to re- ceive any such payments, other than unem-