
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC351]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 11--RAILROAD UNEMPLOYMENT INSURANCE
 
Sec. 351. Definitions

    For the purposes of this chapter, except when used in amending the 
provisions of other Acts--
    (a) The term ``employer'' means any carrier (as defined in 
subsection (b) of this section), and any company which is directly or 
indirectly owned or controlled by one or more such carriers or under 
common control therewith, and which operates any equipment or facility 
or performs any service (except trucking service, casual service, and 
the casual operation of equipment or facilities) in connection with the 
transportation of passengers or property by railroad, or the receipt, 
delivery, elevation, transfer in transit, refrigeration or icing, 
storage, or handling of property transported by railroad, and any 
receiver, trustee, or other individual or body, judicial or otherwise, 
when in the possession of the property or operating all or any part of 
the business of any such employer: Provided, however, That the term 
``employer'' shall not include any street, interurban, or suburban 
electric railway, unless such railway is operating as a part of a 
general steam-railroad system of transportation, but shall not exclude 
any part of the general steam-railroad system of transportation now or 
hereafter operated by any other motive power. The Surface Transportation 
Board is hereby authorized and directed upon request of the Railroad 
Retirement Board, or upon complaint of any party interested, to 
determine after hearing whether any line operated by electric power 
falls within the terms of this proviso. The term ``employer'' shall also 
include railroad associations, traffic associations, tariff bureaus, 
demurrage bureaus, weighing and inspection bureaus, collection agencies, 
and other associations, bureaus, agencies, or organizations controlled 
and maintained wholly or principally by two or more employers as 
hereinbefore defined and engaged in the performance of services in 
connection with or incidental to railroad transportation; and railway 
labor organizations, national in scope, which have been or may be 
organized in accordance with the provisions of the Railway Labor Act [45 
U.S.C. 151 et seq.], and their State and National legislative committees 
and their general committees and their insurance departments and their 
local lodges and divisions, established pursuant to the constitution and 
bylaws of such organizations. The term ``employer'' shall not include 
any company by reason of its being engaged in the mining of coal, the 
supplying of coal to an employer where delivery is not beyond the mine 
tipple, and the operation of equipment or facilities therefor, or in any 
of such activities.
    (b) The term ``carrier'' means a railroad subject to the 
jurisdiction of the Surface Transportation Board under part A of 
subtitle IV of title 49.
    (c) The term ``company'' includes corporations, associations, and 
joint-stock companies.
    (d) The term ``employee'' (except when used in phrases establishing 
a different meaning) means any individual who is or has been (i) in the 
service of one or more employers for compensation, or (ii) an employee 
representative. The term ``employee'' shall include an employee of a 
local lodge or division defined as an employer in subsection (a) of this 
section only if he was in the service of a carrier on or after August 
29, 1935. The term ``employee'' includes an officer of an employer.
    The term ``employee'' shall not include any individual while such 
individual is engaged in the physical operations consisting of the 
mining of coal, the preparation of coal, the handling (other than 
movement by rail with standard railroad locomotives) of coal not beyond 
the mine tipple, or the loading of coal at the tipple.
    (e) An individual is in the service of an employer whether his 
service is rendered within or without the United States if (i) he is 
subject to the continuing authority of the employer to supervise and 
direct the manner of rendition of his service, or he is rendering 
professional or technical services and is integrated into the staff of 
the employer, or he is rendering, on the property used in the employer's 
operations, other personal services the rendition of which is integrated 
into the employer's operations, and (ii) he renders such service for 
compensation: Provided, however, That an individual shall be deemed to 
be in the service of an employer, other than a local lodge or division 
or a general committee of a railway-labor-organization employer, not 
conducting the principal part of its business in the United States only 
when he is rendering service to it in the United States; and an 
individual shall be deemed to be in the service of such a local lodge or 
division only if (1) all, or substantially all, the individuals 
constituting its membership are employees of an employer conducting the 
principal part of its business in the United States; or (2) the 
headquarters of such local lodge or division is located in the United 
States; and an individual shall be deemed to be in the service of such a 
general committee only if (1) he is representing a local lodge or 
division described in clauses (1) or (2) immediately above; or (2) all, 
or substantially all, the individuals represented by it are employees of 
an employer conducting the principal part of its business in the United 
States; or (3) he acts in the capacity of a general chairman or an 
assistant general chairman of a general committee which represents 
individuals rendering service in the United States to an employer, but 
in such case if his office or headquarters is not located in the United 
States and the individuals represented by such general committee are 
employees of an employer not conducting the principal part of its 
business in the United States, only such proportion of the remuneration 
for such service shall be regarded as compensation as the proportion 
which the mileage in the United States under the jurisdiction of such 
general committee bears to the total mileage under its jurisdiction, 
unless such mileage formula is inapplicable, in which case the Board may 
prescribe such other formula as it finds to be equitable, and if the 
application of such mileage formula, or such other formula as the Board 
may prescribe, would result in the compensation of the individual being 
less than 10 per centum of his remuneration for such service no part of 
such remuneration shall be regarded as compensation: Provided further, 
That an individual not a citizen or resident of the United States shall 
not be deemed to be in the service of an employer when rendering service 
outside the United States to an employer who is required under the laws 
applicable in the place where the service is rendered to employ therein, 
in whole or in part, citizens or residents thereof.
    (f) The term ``employee representative'' means any officer or 
official representative of a railway labor organization other than a 
labor organization included in the term employer as defined in 
subsection (a) of this section who before or after August 29, 1935, was 
in the service of an employer as defined in said subsection and who is 
duly authorized and designated to represent employees in accordance with 
the Railway Labor Act [45 U.S.C. 151 et seq.], and any individual who is 
regularly assigned to or regularly employed by such officer or official 
representative in connection with the duties of his office.
    (g) The term ``employment'' means service performed as an employee. 
For the purposes of determining eligibility for and the amount of 
benefits and the amount of contributions due pursuant to this chapter, 
employment after June 30, 1940, in the service of a local lodge or 
division of a railway-labor-organization employer or as an employee 
representative shall be disregarded. For purposes of determining 
eligibility for and the amount of benefits and the amount of 
contributions due pursuant to this chapter, employment as a delegate to 
a national or international convention of a railway labor organization 
defined as an ``employer'', in subsection (a) of this section, shall be 
disregarded if the individual having such employment has not previously 
rendered service, other than as such a delegate, which may be included 
in his ``years of service'' for purposes of the Railroad Retirement Act 
[45 U.S.C. 231 et seq.].
    (h) The term ``registration period'' means, with respect to any 
employee, the period which begins with the first day for which such 
employee registers at an employment office in accordance with such 
regulations as the Board may prescribe, and ends with whichever is the 
earlier of (i) the thirteenth day thereafter, or (ii) the day 
immediately preceding the day for which he next registers at a different 
employment office; and thereafter each period which begins with the 
first day for which he next registers at an employment office after the 
end of his last preceding registration period which began with a day for 
which he registered at an employment office and ends with whichever is 
the earlier of (i) the thirteenth day thereafter, or (ii) the day 
immediately preceding the day for which he next registers at a different 
employment office.
    The term ``registration period'' means also, with respect to any 
employee, the period which begins with the first day with respect to 
which a statement of sickness is filed in his behalf in accordance with 
such regulations as the Board may prescribe, or the first such day after 
the end of a registration period which will have begun with a day with 
respect to which a statement of sickness for a ``period of continuing 
sickness'' (as defined in section 352(a) of this title) was filed in his 
behalf, and ends with whichever is the earlier of (i) the thirteenth day 
thereafter, or (ii) the day immediately preceding the day with respect 
to which a statement of sickness for a new ``period of continuing 
sickness'' (as defined in section 352(a) of this title) is filed in his 
behalf.
    (i)(1) In General.--The term ``compensation'' means any form of 
money remuneration, including pay for time lost but excluding tips, paid 
for services rendered as an employee to one or more employers, or as an 
employee representative, except that in computing the compensation paid 
to any employee, no part of any month's compensation in excess of the 
monthly compensation base (as defined in subdivision (2)) for any month 
shall be recognized. Solely for the purpose of determining the 
compensation received by an employee in a base year, the term 
``compensation'' shall include any separation allowance or subsistence 
allowance paid under any benefit schedule provided under section 701 \1\ 
of title VII of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 
797] and any termination allowance paid under section 702 of that Act 
[45 U.S.C. 797a], but does not include any other benefits payable under 
that title [45 U.S.C. 797 et seq.]. The total amount of any subsistence 
allowance payable under a benefit schedule provided pursuant to section 
701 \1\ of the Regional Rail Reorganization Act of 1973 shall be 
considered as being compensation in the month in which the employee 
first timely filed a claim for such an allowance. Such term does not 
include remuneration for service which is performed by a nonresident 
alien individual for the period he is temporarily present in the United 
States as a nonimmigrant under subparagraph (F) or (J) of section 
1101(a)(15) of title 8 and which is performed to carry out the purpose 
specified in subparagraph (F) or (J) as the case may be. A payment made 
by an employer to an individual through the employer's pay roll shall be 
presumed, in the absence of evidence to the contrary, to be compensation 
for service rendered by such individual as an employee of the employer 
in the period with respect to which the payment is made. An employee 
shall be deemed to be paid, ``for time lost'' the amount he is paid by 
an employer with respect to an identifiable period of absence from the 
active service of the employer, including absence on account of personal 
injury, and the amount he is paid by the employer for loss of earnings 
resulting from his displacement to a less remunerative position or 
occupation. If a payment is made by an employer with respect to a 
personal injury and includes pay for time lost, the total payment shall 
be deemed to be paid for time lost unless, at the time of payment, a 
part of such payment is specifically apportioned to factors other than 
time lost, in which event only such part of the payment as is not so 
apportioned shall be deemed to be paid for time lost. Compensation 
earned in any calendar month before 1947 shall be deemed paid in such 
month regardless of whether or when payment will have been in fact made, 
and compensation earned in any calendar year after 1946 but paid after 
the end of such calendar year shall be deemed to be compensation paid in 
the calendar year in which it will have been earned if it is so reported 
by the employer before February 1 of the next succeeding calendar year 
or, if the employee establishes, subject to the provisions of section 
356 of this title, the period during which such compensation will have 
been earned.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
    (2) Monthly Compensation Base.--
        (A) In general.--For purposes of subdivision (1), the term 
    ``monthly compensation base'' means the amount--
            (i) of $400 for calendar months before January 1, 1984;
            (ii) of $600 for calendar months after December 31, 1983 and 
        before January 1, 1989; and
            (iii) computed under subparagraph (B) for months after 
        December 31, 1988.

        (B) Computation.--
            (i) In general.--The amount of the monthly compensation base 
        for each calendar year beginning after December 31, 1988, is the 
        greater of--
                (I) $600; or
                (II) the amount, as rounded under clause (iii) if 
            applicable, computed under the formula:




                                                                   A-37,800
                                                 B=600  <3   1+  <hbond><hbo  <
3
                                                         -       n<hbond><hb   
-
                                                                   o<hbond>
                                                                    56,700


            (ii) Meaning of symbols.--For the purposes of the formula in 
        clause (i)--
                (I) ``B'' is the dollar amount of the monthly 
            compensation base; and
                (II) ``A'' is the amount of the applicable base with 
            respect to tier 1 taxes, for the calendar year for which the 
            monthly compensation base is being computed, as determined 
            under section 3231(e)(2) of title 26.

            (iii) Rounding rule.--If the monthly compensation base 
        computed under this formula is not a multiple of $5, it shall be 
        rounded to the nearest multiple of $5, with such rounding being 
        upward in the event the amount computed is equidistant between 
        two multiples of $5.

    (j) The term ``remuneration'' means pay for services for hire, 
including pay for time lost, and tips, but pay for time lost shall be 
deemed earned on the day on which such time is lost. The term 
``remuneration'' includes also earned income other than for services for 
hire if the accrual thereof in whole or in part is ascertainable with 
respect to a particular day or particular days. The term 
``remuneration'' does not include any money payments received pursuant 
to any nongovernmental plan for unemployment insurance, maternity 
insurance, or sickness insurance.
    (k) Subject to the provisions of section 354 of this title (1) a day 
of unemployment, with respect to any employee, means a calendar day on 
which he is able to work and is available for work and with respect to 
which (i) no remuneration is payable or accrues to him, and (ii) he has, 
in accordance with such regulations as the Board may prescribe, 
registered at an employment office; and (2) a ``day of sickness'', with 
respect to any employee, means a calendar day on which because of any 
physical, mental, psychological, or nervous injury, illness, sickness, 
or disease he is not able to work, or, with respect to a female 
employee, a calendar day on which, because of pregnancy, miscarriage, or 
the birth of a child, (i) she is unable to work or (ii) working would be 
injurious to her health, and with respect to which (i) no remuneration 
is payable or accrues to him, and (ii) in accordance with such 
regulations as the Board may prescribe, a statement of sickness is filed 
within such reasonable period, not in excess of ten days, as the Board 
may prescribe: Provided, however, That ``subsidiary remuneration'', as 
hereinafter defined in this subsection, shall not be considered 
remuneration for the purpose of this subsection except with respect to 
an employee whose base-year compensation, exclusive of earnings from the 
position or occupation in which he earned such subsidiary remuneration, 
is less than an amount that is equal to 2.5 times the monthly 
compensation base for months in such base year as computed under 
subsection (i) of this section: Provided further, That remuneration for 
a working day which includes a part of each of two consecutive calendar 
days shall be deemed to have been earned on the first of such two days, 
and any individual who takes work for such working day shall not by 
reason thereof be deemed not available for work on the second of such 
calendar days: Provided further, That any calendar day on which no 
remuneration is payable to or accrues to an employee solely because of 
the application to him of mileage or work restrictions agreed upon in 
schedule agreements between employers and employees or solely because he 
is standing by for or laying over between regularly assigned trips or 
tours of duty shall not be considered either a day of unemployment or a 
day of sickness.
    For the purpose of this subsection, the term ``subsidiary 
remuneration'' means, with respect to any employee, remuneration not in 
excess of an average of $15 a day for the period with respect to which 
such remuneration is payable or accrues, if the work from which the 
remuneration is derived (i) requires substantially less than full time 
as determined by generally prevailing standards, and (ii) is susceptible 
of performance at such times and under such circumstances as not to be 
inconsistent with the holding of normal full-time employment in another 
occupation.
    (l)(1) The term ``benefits'' (except in phrases clearly designating 
other payments) means the money payments payable to an employee as 
provided in this chapter, with respect to his unemployment or sickness.
    (2) The term ``statement of sickness'' means a statement with 
respect to days of sickness of an employee, executed in such manner and 
form by an individual duly authorized pursuant to section 362(i) of this 
title to execute such statements, and filed as the Board may prescribe 
by regulations.
    (m) The term ``benefit year'' means the twelve-month period 
beginning July 1 of any year and ending June 30 of the next year, except 
that a registration period beginning in June and ending in July shall be 
deemed to be in the benefit year ending in such month of June.
    (n) The term ``base year'' means the completed calendar year 
immediately preceding the beginning of the benefit year.
    (o) The term ``employment office'' means a free employment office 
operated by the Board, or designated as such by the Board pursuant to 
section 362(i) of this title.
    (p) The term ``account'' means the railroad unemployment insurance 
account established pursuant to section 360 of this title in the 
unemployment trust fund.
    (q) The term ``fund'' means the railroad unemployment insurance 
administration fund, established pursuant to section 361 of this title 
in the unemployment trust fund.
    (r) The term ``Board'' means the Railroad Retirement Board.
    (s) The term ``United States'', when used in a geographical sense, 
means the States and the District of Columbia.
    (t) The term ``State'' means any of the States or the District of 
Columbia.
    (u) Any reference in this chapter to any other Act of Congress, 
including such reference in amendments to other Acts, includes a 
reference to such other Act as amended from time to time.

(June 25, 1938, ch. 680, Sec. 1, 52 Stat. 1094; June 20, 1939, ch. 227, 
Secs. 1-6, 20, 53 Stat. 845, 848; Aug. 13, 1940, ch. 664, Secs. 1, 3, 54 
Stat. 785, 786; Oct. 10, 1940, ch. 842, Secs. 2-8, 54 Stat. 1094, 1095; 
Apr. 8, 1942, ch. 227, Sec. 15, 56 Stat. 210; July 31, 1946, ch. 709, 
Secs. 1, 2, 301-304, 60 Stat. 722, 735, 736; Oct. 30, 1951, ch. 632, 
Sec. 26, 65 Stat. 691; Aug. 31, 1954, ch. 1164, pt. III, Secs. 301-303, 
68 Stat. 1041; Pub. L. 85-927, pt. II, Sec. 201, Sept. 6, 1958, 72 Stat. 
1782; Pub. L. 86-28, pt. III, Sec. 301, May 19, 1959, 73 Stat. 30; Pub. 
L. 89-700, title II, Sec. 201, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-
257, title II, Sec. 201, Feb. 15, 1968, 82 Stat. 23; Pub. L. 90-624, 
Sec. 3, Oct. 22, 1968, 82 Stat. 1316; Pub. L. 94-92, title I, Sec. 1(a), 
(b), Aug. 9, 1975, 89 Stat. 461; Pub. L. 98-76, title IV, Secs. 402(b), 
403(b), 411(a)(1), title V, Sec. 503(b), Aug. 12, 1983, 97 Stat. 434, 
436, 441; Pub. L. 100-647, title VII, Secs. 7101(a), (b), 7203(a), Nov. 
10, 1988, 102 Stat. 3757, 3758, 3776; Pub. L. 104-88, title III, 
Sec. 324(1), (2), Dec. 29, 1995, 109 Stat. 950.)

                       References in Text

    The Railway Labor Act, referred to in subsecs. (a) and (f), is act 
May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified 
principally to chapter 8 (Sec. 151 et seq.) of this title. For complete 
classification of this Act to the Code, see section 151 of this title 
and Tables.
    The Railroad Retirement Act, referred to in subsec. (g), probably 
means the Railroad Retirement Act of 1937, act Aug. 29, 1935, ch. 812, 
as amended generally by act June 24, 1937, ch. 382, part I, 50 Stat. 
307, which was classified principally to subchapter III (Sec. 228a et 
seq.) of chapter 9 of this title. The Railroad Retirement Act of 1937 
was amended generally and redesignated the Railroad Retirement Act of 
1974 by Pub. L. 93-445, title I, Oct. 16, 1974, 88 Stat. 1305. The 
Railroad Retirement Act of 1974 is classified generally to subchapter IV 
(Sec. 231 et seq.) of chapter 9 of this title. For complete 
classification of these Acts to the Code, see Tables.
    The Regional Rail Reorganization Act of 1973, referred to in subsec. 
(i)(1), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended. 
Section 701 of title VII of the Regional Rail Reorganization Act of 1973 
[45 U.S.C. 797] was repealed by Pub. L. 99-509, title IV, Sec. 4024(c), 
Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 
1987). Title VII of the Regional Rail Reorganization Act of 1973 is 
classified generally to subchapter VII (Sec. 797 et seq.) of chapter 16 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 701 of this title and Tables.


                               Amendments

    1995--Subsec. (a). Pub. L. 104-88, Sec. 324(1), substituted 
``Surface Transportation Board is hereby authorized and directed upon 
request of the Railroad Retirement Board'' for ``Interstate Commerce 
Commission is hereby authorized and directed upon request of the 
Board''.
    Subsec. (b). Pub. L. 104-88, Sec. 324(2), added subsec. (b) and 
struck out former subsec. (b) which read as follows: ``The term 
`carrier' means an express company, sleeping-car company, or carrier by 
railroad, subject to part I of the Interstate Commerce Act.''
    1988--Subsec. (i). Pub. L. 100-647, Sec. 7101(a), designated 
existing provisions as par. (1), inserted par. heading, substituted ``, 
except that in computing the compensation paid to any employee, no part 
of any month's compensation in excess of the monthly compensation base 
(as defined in subdivision (2)) for any month shall be recognized'' for 
``: Provided, however, That in computing the compensation paid to any 
employee, no part of any month's compensation in excess of $300 for any 
month before July 1, 1954, or in excess of $350 for any month after June 
30, 1954, and before the calendar month next following the month in 
which this chapter was amended in 1959, or in excess of $400 for any 
month after the month in which this chapter was so amended and before 
January 1984, or in excess of $600 for any month after 1983, shall be 
recognized'', and added par. (2).
    Subsec. (k). Pub. L. 100-647, Sec. 7203(a), which directed amendment 
of second par. of subsec. (k) by substituting ``$15'' for ``$10'', was 
executed by making the substitution for ``ten dollars'' as the probable 
intent of Congress.
    Pub. L. 100-647, Sec. 7101(b), substituted ``an amount that is equal 
to 2.5 times the monthly compensation base for months in such base year 
as computed under subsection (i) of this section'' for ``$1,500''.
    1983--Subsec. (i). Pub. L. 98-76, Sec. 503(b), inserted ``and before 
January 1984, or in excess of $600 for any month after 1983''.
    Pub. L. 98-76, Sec. 403(b), inserted after first sentence ``Solely 
for the purpose of determining the compensation received by an employee 
in a base year, the term `compensation' shall include any separation 
allowance or subsistence allowance paid under any benefit schedule 
provided under section 701 of title VII of the Regional Rail 
Reorganization Act of 1973 and any termination allowance paid under 
section 702 of that Act, but does not include any other benefits payable 
under that title. The total amount of any subsistence allowance payable 
under a benefit schedule provided pursuant to section 701 of the 
Regional Rail Reorganization Act of 1973 shall be considered as being 
compensation in the month in which the employee first timely filed a 
claim for such an allowance.''
    Subsec. (j). Pub. L. 98-76, Sec. 402(b), struck out ``(i) the 
voluntary payment by another, without deduction from the pay of an 
employee, of any tax or contribution now or hereafter imposed with 
respect to the remuneration of such employee, or (ii)'' after `` 
`remuneration' does not include''.
    Subsec. (k). Pub. L. 98-76, Sec. 411(a)(1), substituted ``$1,500'' 
for ``$1,000''.
    1975--Subsec. (h). Pub. L. 94-92, Sec. 1(a), inserted ``for a period 
of continuing sickness (as defined in section 352(a) of this title)'' 
after ``a statement of sickness'' wherever appearing and incorporated 
``and ends with the thirteenth day thereafter'' in provision reading 
``and ends with whichever is the earlier of (i) the thirteenth day 
thereafter,'' and inserted cl. (ii) thereafter.
    Subsec. (k). Pub. L. 94-92, Sec. 1(b), substituted in second 
sentence ``ten'' for ``three'' dollars.
    1968--Subsec. (i). Pub. L. 90-624 excluded remuneration for services 
performed by nonresident alien individuals temporarily in the United 
States as participants in a cultural exchange or training program.
    Subsec. (k). Pub. L. 90-257, Sec. 201(a), amended definitions of 
``day of sickness'' so as to remove reference to a day in a maternity 
period and inserted references to a day of sickness for female employees 
when, because of pregnancy, miscarriage, or the birth of a child, she is 
unable to work or working is injurious to her health and raised from 
$750 to $1,000 the amount specified in the subsidiary remuneration 
provision.
    Subsec. (l). Pub. L. 90-257, Sec. 201(b), redesignated subsec. (l) 
defining ``benefits'' as subsec. (l)(1). Former subsec. (l)(1) 
redesignated (l)(2).
    Subsec. (l)(1). Pub. L. 90-257, Sec. 201(b), redesignated as subsec. 
(l)(1) former subsec. (l) defining ``benefits''.
    Subsec. (l)(2). Pub. L. 90-257, Sec. 201(b), redesignated as subsec. 
(l)(2) former subsec. (l)(1) defining ``statement of sickness'' and 
struck out reference to statement of maternity sickness. Former subsec. 
(l)(2) defining ``maternity period'' was struck out.
    1966--Subsec. (i). Pub. L. 89-700, Sec. 201(a), substituted 
``section 356 of this title'' for ``section 358 of this title.''
    Subsec. (k). Pub. L. 89-700, Sec. 201(b), substituted ``$750'' for 
``500''.
    Subsecs. (s), (t). Pub. L. 89-700, Sec. 201(c), struck out ``, 
Alaska, Hawaii,'' after ``States''.
    1959--Subsec. (i). Pub. L. 86-28, Sec. 301(a), increased, for any 
month after May 1959, from $350 to $400 the maximum amount of monthly 
compensation to be used in computing benefits.
    Subsec. (k). Pub. L. 86-28, Sec. 301(b), substituted ``$500'' for 
``$400''.
    1958--Subsec. (k). Pub. L. 85-927, Sec. 201(a), substituted 
``first'' for ``second'' and ``second'' for ``first'' in second proviso 
of first paragraph, and substituted ``three dollars'' for ``one dollar'' 
in second paragraph.
    Subsec. (q). Pub. L. 85-927, Sec. 201(b), inserted ``in the 
unemployment trust fund''.
    1954--Subsec. (g). Act Aug. 31, 1954, Sec. 301, provided that 
compensation for service by an individual as a delegate to a convention 
of a national railway labor organization shall be disregarded in 
determining eligibility for benefits, if he has no previous creditable 
service.
    Subsec. (i). Act Aug. 31, 1954, Sec. 302, increased, after June 30, 
1954, from $300 to $350 the maximum amount of monthly compensation to be 
used in computing benefits.
    Subsec. (k). Act Aug. 31, 1954, Sec. 303 (part), substituted 
``$400'' for ``$150''.
    1951--Subsec. (k). Act Oct. 30, 1951, inserted last proviso of first 
par.
    1946--Subsec. (e). Act July 31, 1946, Sec. 1, changed opening par. 
to include professional or technical services when integrated into staff 
of employer or other personal services the rendition of which is 
integrated into the employer's operations and added clause at end of 
first proviso excluding compensation of less than 10% of remuneration.
    Subsec. (h). Act July 31, 1946, Sec. 301, changed definition of 
registration period to cover days of sickness as well as days of 
unemployment.
    Subsec. (i). Act July 31, 1946, Sec. 2, changed definition of 
compensation to remuneration ``paid'' instead of ``payable'' and 
inserted provisions relating to presumption that a payment is 
compensation; payments for time lost and with respect to personal 
injury; and payments after the end of a calendar year earned during that 
year.
    Subsec. (j). Act July 31, 1946, Sec. 302, inserted reference to 
maternity insurance and sickness insurance.
    Subsec. (k)(2). Act July 31, 1946, Sec. 303, inserted cl. (2) 
defining day of sickness.
    Subsec. (l). Act July 31, 1946, Sec. 304, expanded definition of 
benefits to include payment with respect to sickness and added pars. (1) 
and (2), defining statement of sickness, statement of maternity 
sickness, and maternity period.
    1942--Subsec. (e). Act Apr. 8, 1942, amended first proviso.
    1940--Subsec. (a). Act Aug. 13, 1940, Sec. 1, excluded from 
definition of employer companies engaged in mining coal, supplying coal 
not beyond the mine tipple, and the operation of equipment or facilities 
therefor.
    Subsec. (d). Act Aug. 13, 1940, Sec. 3, excluded from definition of 
employee individuals engaged in mining coal, preparation of coal, 
handling (other than rail movement by standard locomotives) of coal not 
beyond the mine tipple, or the loading of coal at the tipple.
    Subsec. (l). Act Oct. 10, 1940, Sec. 6, redesignated subsec. (m) as 
(l). Former subsec. (l) redesignated (n) by act Oct. 10, 1940, Sec. 8.
    Subsec. (m). Act Oct. 10, 1940, Sec. 7, redesignated subsec. (n) as 
(m). Former subsec. (m) redesignated (l) by act Oct. 10, 1940, Sec. 6.
    Subsec. (n). Act Oct. 10, 1940, Sec. 8, redesignated former subsec. 
(l) as (n), and amended provisions generally. Former subsec. (n) 
redesignated (m) by act Oct. 10, 1940, Sec. 7.
    Subsec. (g). Act Oct. 10, 1940, Sec. 2, inserted provisions relating 
to employment after June 30, 1940, in service of a local lodge, etc.
    Subsec. (h). Act Oct. 10, 1940, Sec. 3, substituted provisions 
defining ``registration period'' for provisions defining ``half month''.
    Subsec. (j). Act Oct 10, 1940, Sec. 4, inserted provisions relating 
to earned income other than for services for hire to definition of 
``remuneration''.
    Subsec. (k). Act Oct. 10, 1940, Sec. 5, inserted in cl. (i) 
``accrues'' after ``or'', inserted provisions relating to ``subsidiary 
remuneration'', and substituted provisions relating to working days 
which include part of each of two consecutive calendar days, for 
provisions relating to work shifts which include part of two consecutive 
calendar days.
    1939--Subsec. (d). Act June 20, 1939, Sec. 1, designated second 
paragraph as subsec. (e).
    Subsec. (e). Act June 20, 1939, Secs. 1, 2, designated second 
paragraph of subsec. (d) as (e) and inserted proviso relating to an 
individual not deemed a citizen or resident of the United States. Former 
subsec. (e) redesignated (f).
    Subsec. (f). Act June 20, 1939, Secs. 2, 3, redesignated former 
subsec. (e) as (f). Former subsec. (f), which defined ``part-time 
worker'', was struck out.
    Subsec. (h). Act June 20, 1939, Sec. 4, substituted provisions 
authorizing Board to define ``half-month'' for provisions defining 
``half-month'' as a period of any fifteen consecutive days, with no day 
to be included in more than one period for any individual.
    Subsec. (i). Act June 20, 1939, Sec. 5, struck out comma after 
``money''.
    Subsec. (k). Act June 20, 1939, Sec. 6, struck out proviso relating 
to calendar days for part-time workers.
    Subsec. (n). Act June 20, 1939, Sec. 20, inserted provisions 
relating to inclusion within ``benefit year'' half-months containing 
days of unemployment.


                    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 701 of 
Title 49, Transportation.


                    Effective Date of 1988 Amendment

    Section 7101(f) of Pub. L. 100-647 provided that: ``The amendments 
made by this section [amending this section and sections 352, 354, and 
362 of this title] shall take effect upon the date of the enactment of 
this Act [Nov. 10, 1988].''
    Section 7203(b) of Pub. L. 100-647 provided that: ``The amendment 
made by this section [amending this section] shall take effect on July 
1, 1988.''


                    Effective Date of 1983 Amendment

    Amendment by section 402(b) of Pub. L. 98-76 applicable to 
compensation paid for services rendered after June 30, 1983, see section 
402(c) of Pub. L. 98-76, set out as a note under section 231 of this 
title.
    Amendment by section 403(b) of Pub. L. 98-76 effective Aug. 13, 
1981, see section 403(c) of Pub. L. 98-76, set out as a note under 
section 231 of this title.
    Section 411(b) of Pub. L. 98-76 provided that: ``The amendments made 
by this section [amending this section and sections 353 and 354 of this 
title] shall apply to compensation paid for services rendered after 
December 31, 1983.''
    Section 503(c) of Pub. L. 98-76 provided that: ``The amendments made 
by this section [amending this section and section 358 of this title] 
shall apply to compensation paid for services rendered after December 
31, 1983.''


                    Effective Date of 1975 Amendment

    Section 2 of Pub. L. 94-92 provided that:
    ``(a) The amendment made by section 1(a) of this Act [amending this 
section] shall be effective with respect to days of sickness in 
registration periods beginning after June 30, 1975.
    ``(b) The amendment with respect to qualifying conditions made by 
section 1(f) [amending section 353 of this title] shall be effective for 
services rendered after December 31, 1973.
    ``(c) The amendments made by sections 1(b), 1(c), and 1(d)(1) of 
this Act [amending this section and section 352 of this title] shall be 
effective with respect to days of unemployment and days of sickness in 
registration periods beginning after June 30, 1975: Provided, however, 
That the amount of benefits paid for days of unemployment or days of 
sickness in a registration period beginning after June 30, 1975, and 
prior to the date of enactment of this Act [Aug. 9, 1975] shall, if paid 
to an employee who is covered by a nongovernmental plan for unemployment 
or sickness insurance and who has been paid benefits under such plan for 
one or more days within the registration period, be reduced by the 
amount, if any, by which the benefits paid to him under the 
nongovernmental plan would have been reduced if this Act [amending this 
section, sections 231m, 352, 353, 358, 360, 361 of this title, and 
sections 1402 and 3231 of Title 26, Internal Revenue Code, and enacting 
provisions set out as notes under this section and sections 231 and 231m 
of this title, and section 1402 of Title 26] had been enacted prior to 
July 1, 1975, so that the employee will receive, the full amount of the 
combined benefits that he would have received under the Railroad 
Unemployment Insurance Act [this chapter] and the nongovernmental plan 
if the benefit increases provided by this Act had been enacted prior to 
said date. The amount of each such reduction in the benefits paid under 
the amendment made by section 1(c)(2) of this Act [amending section 352 
of this title] shall be paid over by the Board to the insurer of the 
nongovernmental plan or to the employer if a self-insurer. Reductions in 
benefits and payments to insurers and employers hereunder shall be made 
on claims filed with the Board by such insurers and employers within 
thirty days after the date of enactment of this Act [Aug. 9, 1975].
    ``(d) The amendments made by sections 1(d)(2) and 1(e) of this Act 
[amending section 352 of this title] shall be effective with respect to 
days of unemployment in registration periods beginning after June 30, 
1975.
    ``(e) The amendments made by sections 1(g), 1(h), 1(i)(1), and 1(j) 
of this Act [amending sections 358, 360, and 361 of this title] shall be 
effective with respect to compensation paid for services rendered after 
December 31, 1975.
    ``(f) The amendment made by section 1(i)(2) of this Act [amending 
section 360 of this title] shall be effective on the date of enactment 
of this Act [Aug. 9, 1975].''


                    Effective Date of 1968 Amendments

    Section 4(b) of Pub. L. 90-624 provided that: ``The amendments made 
by section 3 [amending this section] shall apply with respect to service 
performed after December 31, 1967.''
    Amendment by section 201(a)(1) of Pub. L. 90-257 effective as of 
July 1, 1968, and amendment by section 201(a)(2) of Pub. L. 90-257 
effective with respect to base years beginning in calendar years after 
December 31, 1966, see section 208 of Pub. L. 90-257, set out as a note 
under section 352 of this title.


                    Effective Date of 1959 Amendment

    Section 309 of Pub. L. 86-28 provided that: ``The amendments made by 
section 301(b) [amending this section] shall be effective with respect 
to days in registration periods beginning after June 30, 1959. The 
amendments made by sections 302, 303(a), and 305 [amending sections 352 
and 354 of this title] shall be effective with respect to benefits 
accruing in general benefit years which begin after the benefit year 
ending June 30, 1958, and in extended benefit periods which begin after 
December 31, 1957. The 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 contribution 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 3\3/4\ percent] shall be 
effective as of the first day of the calendar 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

    Section 207 of Pub. L. 85-927 provided that:
    ``(a) The amendments made by section 201(a) [amending this section] 
shall be effective with respect to registration 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 indicated therein, on the date of the enactment of this Act 
[Sept. 6, 1958].''


                    Effective Date of 1954 Amendment

    Sections 401 and 402 of act Aug. 31, 1954, provided that:
    ``Sec. 401. The amendments made by this Act [enacting 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

    Section 28 of act Oct. 30, 1951, provided that: ``The provisions of 
sections 26 and 27 of the Act [amending sections 350 and 354 of this 
title] shall become effective with respect to registration periods 
beginning 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, besides amending subsec. (e) of this section, 
contained the following paragraph: ``The amendment in this section shall 
operate in the same manner and have the same effect as if it had been 
part of the Railroad Unemployment Insurance Act [this chapter] when that 
Act was enacted on June 25, 1938: Provided, however, 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 employees of any local lodge or division 
of a railway-labor-organization employer earned prior to July 1, 1940, 
and with respect to the compensation of employees of any general 
committee of a railway-labor-organization employer earned prior to the 
enactment of this amendment 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 substantially all, the 
individuals constituting the membership 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 represented 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 individual rendering service to such a 
general committee was not located in the United States and if such 
returns are made and such contributions are paid by such a local lodge 
or division or by such a general committee within the time allowed for 
making returns and paying contributions with respect to the first 
calendar quarter beginning after the enactment of this amendment.''


                    Effective Date of 1940 Amendment

    Section 1 of act Oct. 10, 1940, 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 Revenue 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 sections 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 section 
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 thereunder, 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 purposes of section 2(c) of the Railroad Unemployment Insurance 
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 registration period, 
beginning after October 31, 1940, of an employee who has, subsequent to 
June 30, 1940, completed a waiting period under section 3(b) of the 
Railroad Unemployment Insurance Act [section 353(b) of this title], 
shall be determined and computed as though such registration period were 
a subsequent registration period in the same benefit year.''


Exclusion From Wages and Compensation of Refunds Required From Employers 
   To Compensate for Duplication of Medicare Benefits by Health Care 
                     Benefits Provided by Employers

    For purposes of this chapter, the term ``compensation'' shall not 
include the amount of any refund required 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.


                            Cross References

    Operation and effect of act Aug. 13, 1940, see sections 4 to 7 of 
act Aug. 13, 1940, set out in notes under section 151 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 352, 353, 354, 358, 362 of 
this title; title 26 sections 3306, 3322.
