
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC352]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 11--RAILROAD UNEMPLOYMENT INSURANCE
 
Sec. 352. Benefits


(a) Days for which benefits payable; determination of amount

    (1)(A) Payment of Unemployment Benefits.--
        (i) Generally.--Except as otherwise provided 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 continuing unemployment.
        (ii) Waiting period for first registration period.--Benefits 
    shall be payable to any qualified employee for each day of 
    unemployment in excess of 7 during that employee's first 
    registration period in a period of continuing unemployment if such 
    period of continuing unemployment is the employee's initial period 
    of continuing unemployment commencing 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 includes days of unemployment due to a stoppage of work 
        because of a strike in the establishment, 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 continuing unemployment ends by reason of clause 
        (v) but the stoppage of work continues, the waiting period 
        established in clause (ii) shall apply to the employee's first 
        registration period in a new period of continuing unemployment 
        based upon the same stoppage of work.

        (iv) Definition of period of continuing unemployment.--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 includes more than 4 
        days of unemployment;
            (II) a series of consecutive registration periods, each of 
        which includes more than 4 days of unemployment; or
            (III) a series of successive registration periods, 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 preceding registration period.

        (v) Special rule regarding end of period.--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 benefits 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 compensation base. For purposes of the preceding 
    sentence, an employee's remuneration shall be deemed to include the 
    gross amount of any remuneration that would have become payable to 
    that employee but did not become payable because that employee was 
    not ready or willing 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 provided 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 registration 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 registration period in a 
    period of continuing sickness 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 
    registration period in a period of continuing sickness is that 
    registration period that first begins with 4 consecutive days of 
    sickness and includes more than 4 days of sickness.
        (iii) Definition of period of continuing sickness.--For the 
    purposes of this subparagraph, 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 period.--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 engaged for an employer in the base year, but not 
less than $12.70: Provided, however, That for registration 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 unemployment 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 maximum daily 
benefit rate provided in paragraph (3) of this subsection. The daily 
rate of compensation referred to in this paragraph shall be determined 
by the Board on the basis of information 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 shall be the product of the monthly 
compensation base, as computed under section 351(i)(2) of this title for 
the base year immediately preceding the beginning of the benefit year, 
multiplied 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.

(b) Time of payments

    The benefits provided for in this section shall be paid to an 
employee at such reasonable intervals as the Board may prescribe.

(c) Maximum number of days for benefits

                         (1) Normal benefits

        (A) Generally

            The maximum number of days of unemployment 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 benefits 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 unemployment 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 
        services 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 unemployment) did not voluntarily 
        leave work without good cause, and who had current rights to 
        normal benefits for days of unemployment or days of sickness in 
        a benefit year but has exhausted such rights, the benefit year 
        in which such rights are exhausted shall be deemed not to be 
        ended until the last day of the extended benefit period 
        determined 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 unemployment or first day of sickness, 
        as the case may be, following the day on which the employee 
        exhausts the employee's then current rights to normal benefits 
        for days of unemployment 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.

                      (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 unemployment 
        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 
        unemployment or sickness commences.

        (B) Exception

            In the case of a succeeding benefit year beginning in 
        accordance with subparagraph (A) by reason of sickness, such 
        sentence shall not operate to permit the payment of benefits in 
        the period provided for in such sentence for any day of sickness 
        beginning with the date on which the employee attains age 65, 
        and continuing through the day preceding 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 
        determinations 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 administered by the Board may, except as otherwise provided in 
this subsection, be made under regulations prescribed by the Board. If 
such individual dies before recovery is completed, recovery 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 
representative, 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 payments or, with respect to payments which are to be 
made during a lifetime or lifetimes, by subtracting the total amount of 
benefits paid in excess of the proper amount from the actuarial value, 
as determined by the Board, of such payments 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 completed 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, recovery would be contrary to 
the purpose of this chapter or would be against equity or good 
conscience.
    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 
recovery of such amount is waived under the third paragraph of this 
subsection or has been begun but cannot be completed under the first 
paragraph of this subsection.

(e) Assignment, taxation, garnishment, attachment, etc., of benefits

    Notwithstanding any other law of the United States, or of any State, 
Territory, or the District of Columbia, no benefits shall be assignable 
or be subject to any tax or to garnishment, attachment, or other legal 
process under any circumstances 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 registration 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 determined 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 remuneration 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 account. 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 
further 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 benefits accrued, such 
accrued benefits shall be paid, upon certification by the Board, to the 
individual 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 account.

(June 25, 1938, ch. 680, Sec. 2, 52 Stat. 1096; June 20, 1939, ch. 227, 
Secs. 7-9, 21, 53 Stat. 845, 848; Oct. 10, 1940, ch. 842, Secs. 9-12, 54 
Stat. 1095, 1096; July 31, 1946, ch. 709, Secs. 305-307, 60 Stat. 736, 
737; May 15, 1952, ch. 290, Sec. 1, 66 Stat. 73; Aug. 31, 1954, ch. 
1164, pt. III, Sec. 304, 68 Stat. 1041; Aug. 12, 1955, ch. 869, Sec. 4, 
69 Stat. 716; Pub. L. 86-28, pt. III, Secs. 302, 303(a), May 19, 1959, 
73 Stat. 30; Pub. L. 89-700, title II, Sec. 202, Oct. 30, 1966, 80 Stat. 
1087; Pub. L. 90-257, title II, Sec. 202, Feb. 15, 1968, 82 Stat. 23; 
Pub. L. 93-445, title IV, Sec. 401, Oct. 16, 1974, 88 Stat. 1359; Pub. 
L. 94-92, title I, Sec. 1(c)-(e), Aug. 9, 1975, 89 Stat. 461, 462; Pub. 
L. 98-76, title IV, Sec. 412(a), Aug. 12, 1983, 97 Stat. 436; Pub. L. 
100-647, title VII, Secs. 7101(c), 7201(a), Nov. 10, 1988, 102 Stat. 
3758, 3774; Pub. L. 104-88, title III, Sec. 324(3), Dec. 29, 1995, 109 
Stat. 950; Pub. L. 104-251, Secs. 2-5(b), Oct. 9, 1996, 110 Stat. 3161-
3165.)


                               Amendments

    1996--Subsec. (a)(1)(A). Pub. L. 104-251, Sec. 2, inserted heading 
and amended text generally. Prior to amendment, 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 unemployment 
in excess of 4 during any registration period.
    ``(ii) No benefits shall be payable for days of unemployment 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, premises, or enterprise at which such employee was last 
employed, no benefits shall be payable for the first 14 days of 
unemployment due to such stoppage of work. However, 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, Sec. 3, inserted heading and 
amended text generally. Prior to amendment, text read as follows:
    ``(B)(i) Except as otherwise provided 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 registration period.
    ``(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 single cause without interruption of more than 90 
consecutive days which are not days of sickness.''
    Subsec. (a)(3). Pub. L. 104-251, Sec. 4, amended par. (3) generally. 
Prior to amendment, par. (3) provided the formula under which the Board 
was required to compute 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, Sec. 5(a), inserted heading and 
amended text generally, designating existing provisions relating to 
normal benefits, extended benefits, 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, Sec. 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 ``Surface 
Transportation Board, adjusted, as determined by the Railroad Retirement 
Board'' for ``Interstate Commerce Commission, adjusted, as determined by 
the Board''.
    1988--Subsec. (a)(1). Pub. L. 100-647, Sec. 7201(a)(1), (2), 
inserted ``(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 unemployment 
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 sickness in 
any registration period. 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 single cause 
without interruption of more than ninety consecutive days which are not 
days of sickness.''
    Subsec. (a)(2). Pub. L. 100-647, Sec. 7201(a)(3)-(6), inserted 
``(2)'' before ``The daily benefit'', substituted ``sickness, that for'' 
for ``sickness and that for'', inserted ``but before 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 exceed $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 benefit rate provided in paragraph (3) of 
this subsection.'' after ``unemployment or sickness''.
    Subsec. (a)(3). Pub. L. 100-647, Sec. 7201(a)(7), added par. (3).
    Subsec. (a)(4). Pub. L. 100-647, Sec. 7201(a)(8), inserted ``(4)'' 
before ``In computing benefits''.
    Subsec. (c). Pub. L. 100-647, Sec. 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 compensation 
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 unemployment 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 provisions 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 establishment, premises, or 
enterprise at which he was last employed, other than a strike subject to 
the disqualification 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 
consecutive 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, Sec. 1(c)(1), inserted 
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, Sec. 1(c)(2), substituted 
provisions for a daily rate of unemployment and sickness benefits, for 
registration periods beginning 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 minimum qualifying base year 
compensation, and rising to a maximum of $12.70, which is reached by 
those who received 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 period.
    Subsec. (c). Pub. L. 94-92, Sec. 1(d), inserted exception provision 
in first proviso and proviso respecting an employee with less than ten 
years of service.
    Subsec. (h). Pub. L. 94-92, Sec. 1(e), added subsec. (h).
    1974--Subsec. (c). Pub. L. 93-445, Sec. 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 defined 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, Sec. 401(b), substituted ``section 
231e(a)(1) of this title'' for ``section 228c(f)(1) of this title'' in 
two places.
    1968--Subsec. (a). Pub. L. 90-257, Sec. 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 
remaining 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 maximum 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, Sec. 202(b), removed all references to 
payment of maternity benefits, made provision for extended sickness 
benefits similar to extended unemployment benefits, added to existing 
provisions for the early beginning of a general benefit year (or 
accelerated benefit year) in certain cases involving days of 
unemployment similar provisions for a similar early beginning of a 
general benefit year in certain cases involving days of sickness, and 
inserted provisions dealing 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 benefit year and relating 
to the evidence of age on which the Board may rely for purposes of 
determining the attainment of age 65.
    1966--Subsec. (a). Pub. L. 89-700, Sec. 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, Sec. 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, Sec. 302, substituted ``for each 
day of unemployment in excess of four during any registration period, 
and'' for ``for each day of unemployment in excess of seven during the 
first registration 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 subsequent registration period in the same 
benefit year, and'', ``60 per centum'' for ``50 per centum'', and ``not 
to exceed $10.20'' for ``not to exceed $8.50'', and increased the daily 
benefit rates.
    Subsec. (c). Pub. L. 86-28, Sec. 303(a), provided for an extended 
benefit period with respect to employees who have ten or more years of 
service, who did not voluntarily leave work without good cause or 
voluntarily retire, 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 exemption 
applies to the laws of the several States, the District of Columbia, and 
the Territories.
    1954--Subsec. (a). Act Aug. 31, 1954, Sec. 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, Sec. 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, Sec. 305, changed first and 
second pars. to include benefits for days of sickness, changed reference 
to total amount of compensation payable to him in second par. to total 
compensation, 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 computation of benefits.
    Subsec. (c). Act July 31, 1946, Sec. 306, increased maximum days of 
unemployment to 130 and established same maximum for days of sickness.
    Subsec. (f). Act July 31, 1946, Sec. 307, inserted references to 
sickness.
    1940--Subsec. (a). Act Oct. 10, 1940, Sec. 9, designated existing 
provisions as cl. (i), substituted registration period 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, Sec. 10, substituted provisions 
relating to maximum number of days of unemployment within a benefit 
year, for provisions relating to maximum benefits payable to an employee 
within his benefit year.
    Subsec. (d). Act Oct. 10, 1940, Sec. 11, substituted provisions 
relating to adjustments for erroneous payments and procedure for 
recovery of such payments, for provisions making applicable section 228i 
of this title for adjustments and recovery of erroneous payments.
    Subsec. (f). Act Oct. 10, 1940, Sec. 12, in cl. (i) substituted 
provisions relating to registration periods for provisions relating to 
benefits paid with respect to any period, and in text following cl. (ii) 
inserted condition relating to benefits which were paid upon the basis 
of days determined to be days of unemployment and included in the period 
for which remuneration is payable.
    1939--Subsec. (a). Act June 20, 1939, Sec. 7, struck out exception 
relating to part-time workers.
    Subsec. (d). Act June 20, 1939, Secs. 8, 9, redesignated subsec. (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, Sec. 9, redesignated subsec. (f) as 
(e). Former subsec. (e) redesignated (d).
    Subsecs. (f), (g). Act June 20, 1939, Sec. 9, redesignated subsec 
(g) as (f) and struck out reference to subsec. (a). Former subsec. (f) 
redesignated (e).


                    Effective Date of 1996 Amendment

    Section 6 of Pub. L. 104-251 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 701 of 
Title 49, Transportation.


                    Effective Date of 1988 Amendment

    Section 7201(b) of Pub. L. 100-647 provided that:
    ``(1) Except as provided in paragraph (2), the amendments 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 subsection (a) shall 
apply with respect to registration periods beginning after June 30, 
1988.''


                    Effective Date of 1983 Amendment

    Section 412(b) of Pub. L. 98-76 provided that: ``The amendment made 
by this section [amending this section] shall apply with respect to days 
of unemployment in registration periods beginning after December 31, 
1983.''


   Effective Date of 1975 Amendment; Reduction of Benefits in View of 
   Coverage Under Nongovernmental Plan; Filing Claims for Payments to 
                         Insurers and Employers

    Amendment by section 1(c), (d)(1) of Pub. L. 94-92 effective 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 payments 
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 beginning 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

    Section 208 of Pub. L. 90-257 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 [amending 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 registration 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 registration 
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 or after July 1, 1967. The 
amendment made by section 204(a) [amending section 354 of this title] 
shall be effective with respect to calendar days in benefit years 
beginning 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 extended 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

    Section 4 of act Aug. 12, 1955, provided that the amendment made by 
that section 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

    Section 3 of act May 15, 1952, 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, effective July 1, 
1946, see section 402 of that Act.
    Section 403 of act July 31, 1946, provided that: ``Sections 301, 
302, 303, 304, 305 (except for the revision 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.


Extended Railroad Unemployment Insurance Benefits During Periods of High 
                          National Unemployment

    Pub. L. 102-164, title V, Sec. 501, Nov. 15, 1991, 105 Stat. 1064, 
as amended by Pub. L. 102-182, Sec. 3(a)(6), (7), Dec. 4, 1991, 105 
Stat. 1234; Pub. L. 102-244, Sec. 5, Feb. 7, 1992, 106 Stat. 5; Pub. L. 
102-318, title I, Sec. 105, July 3, 1992, 106 Stat. 293; Pub. L. 103-6, 
Sec. 3(a), (b), Mar. 4, 1993, 107 Stat. 33; Pub. L. 103-152, Secs. 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 
February 1994.
    ``(b) Effective Dates.--
        ``(1) In general.--Except as provided in paragraphs (2) and (3), 
    no employee shall have an extended benefit 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 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 employee shall continue to be entitled to extended unemployment 
    benefits for days of unemployment in registration periods included 
    in such extended benefit period, provided that such employee meets 
    the eligibility requirements of this section and the Railroad 
    Unemployment Insurance Act [45 U.S.C. 351 et seq.].
        ``(3) Reachback Provisions.--If an employee has exhausted that 
    employee's rights to normal unemployment benefits under section 2(c) 
    of the Railroad Unemployment 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 benefits 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 Unemployment Insurance 
        Act [45 U.S.C. 352(h)(1)] shall be applied by substituting `13' 
        for `seven'.
        ``(2) Phase-out.--
            ``(A) Benefits on or after june 14, 1992.--Effective 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 substituting `50' for `130'.
                ``(ii) Effective after October 2, 1993, 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 substituting `35' for `130'.
            ``(C) Limitations on reductions.--Notwithstanding 
        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 extended 
        benefits by reason of this section, for any day during a week 
        which precedes a period for which a reduction under this 
        paragraph takes effect, such reduction shall not apply for 
        purposes of determining the amount of benefits payable to such 
        individual for any day thereafter for which the individual 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 individual 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.''
    [Section 3(c) of Pub. L. 103-6 provided that: ``The amendments made 
by this section [amending 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 included 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

    Section 7107 of Pub. L. 100-647 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 unemployment compensation 
    program arising from fraud and payment errors; and
        ``(4) such other matters relating to such fraud and payment 
    errors as the Comptroller General determines are appropriate.''


 Benefits for Certain Employees Who Exhausted Rights to Benefits Before 
                              April 1, 1959

    Section 303(b) of Pub. L. 86-28 provided that: ``An employee who has 
less than ten years of service as defined in section 1(f) of the 
Railroad 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 unemployment benefits for 
days of unemployment, not exceeding 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 unemployment 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 establish a claim under this 
subsection, and an employee who has registered for, and established a 
claim for benefits under this subsection may not thereafter establish a 
claim under the Temporary Unemployment Compensation Act of 1958. Except 
to the extent inconsistent with this subsection, the provisions of the 
Railroad Unemployment Insurance Act [this chapter] shall be applicable 
in the administration of this subsection.''


   Interchange of Information Between Secretary of Labor and Railroad 
                            Retirement Board

    Section 303(c) of Pub. L. 86-28 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 information deemed necessary by the Secretary for the 
administration of the Temporary Unemployment Compensation Act of 1958 
[section 1400 et seq. of Title 42, The Public Health and Welfare].''

                  Section Referred to in Other Sections

    This section is referred to in sections 351, 355, 360, 362 of this 
title; title 26 sections 105, 3231.
