
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: 45USC353]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 11--RAILROAD UNEMPLOYMENT INSURANCE
 
Sec. 353. Qualifying condition

    An employee shall be a ``qualified employee'' if the Board finds 
that his compensation with respect to the base year will have been not 
less than 2.5 times the monthly compensation base for months in such 
base year as computed under section 351(i) of this title, and, if such 
employee has had no compensation prior to such year, that he will have 
had compensation with respect to each of not less than five months in 
such year.

(June 25, 1938, ch. 680, Sec. 3, 52 Stat. 1097; June 20, 1939, ch. 227, 
Sec. 10, 53 Stat. 845; Oct. 10, 1940, ch. 842, Sec. 13, 54 Stat. 1097; 
July 31, 1946, ch. 709, Sec. 308, 60 Stat. 737; May 15, 1952, ch. 290, 
Sec. 2, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt. III, Sec. 303, 68 
Stat. 1041; Pub. L. 86-28, pt. III, Sec. 304, May 19, 1959, 73 Stat. 31; 
Pub. L. 88-133, title III, Sec. 301(a), Oct. 5, 1963, 77 Stat. 222; Pub. 
L. 90-257, title II, Sec. 203, Feb. 15, 1968, 82 Stat. 24; Pub. L. 94-
92, title I, Sec. 1(f), Aug. 9, 1975, 89 Stat. 463; Pub. L. 98-76, title 
IV, Sec. 411(a)(2), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100-647, title 
VII, Sec. 7202(a), Nov. 10, 1988, 102 Stat. 3776.)


                               Amendments

    1988--Pub. L. 100-647 inserted ``with respect to the base year'' 
after ``his compensation'' and substituted ``2.5 times the monthly 
compensation base for months in such base year as computed under section 
351(i) of this title'' for ``$1,500 with respect to the base year''.
    1983--Pub. L. 98-76 substituted ``$1,500'' for ``$1,000''.
    1975--Pub. L. 94-92 substituted ``five'' for ``seven'' months.
    1968--Pub. L. 90-257 substituted ``$1,000'' for ``$750''.
    1963--Pub. L. 88-133 increased from $500 to $750 the amount of 
compensation in a base year required to qualify for benefits and 
provided that if employee has had no compensation prior to such year he 
will have had compensation with respect to each of not less than 7 
months in such year.
    1959--Pub. L. 86-28 substituted ``$500'' for ``$400''.
    1954--Act Aug. 31, 1954, substituted ``$400'' for ``$300''.
    1952--Act May 15, 1952, substituted ``$300'' for ``$150'' to conform 
to the new table of daily benefit rates as set out in section 352 of 
this title.
    1946--Act July 31, 1946, changed section to relate to compensation 
paid instead of compensation earned during a year.
    1940--Act Oct. 10, 1940, reorganized structure by striking out 
designations for subsecs. ``(a)'' and ``(b)'' and, as so restructured, 
provisions of former subsec. (a) became entire section and defined 
``qualified employee'' and provisions of former subsec. (b), which 
related to the employee's waiting period, were omitted.
    1939--Subsec. (b). Act June 20, 1939, substituted provisions 
relating to half-months as the waiting period, for provisions relating 
to fifteen consecutive days of unemployment or two half months.


                    Effective Date of 1988 Amendment

    Section 7202(b) of Pub. L. 100-647 provided that: ``The amendments 
made by this section [amending this section] shall take effect on the 
date of the enactment of this Act [Nov. 10, 1988].''


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-76 applicable to compensation paid for 
services rendered after Dec. 31, 1983, see section 411(b) of Pub. L. 98-
76, set out as a note under section 351 of this title.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 94-92 effective for services rendered after 
Dec. 31, 1973, see section 2 of Pub. L. 94-92, set out as a note under 
section 351 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-257 effective with respect to base years 
beginning in calendar years after December 31, 1966, except that with 
respect to the base year in calendar year 1967 such amendments not to be 
applicable to an employee whose compensation with respect to that base 
year was not less than $750 but was less than $1,000, see section 208 of 
Pub. L. 90-257, set out as a note under section 352 of this title.


                    Effective Date of 1963 Amendment

    Section 301(b) of Pub. L. 88-133 provided that: ``The amendment made 
by subsection (a) [amending this section] shall be fully effective with 
respect to base years after 1963. With respect to the base year 1963, 
they shall be applicable only to an employee concerning whom the 
Railroad Retirement Board finds that his compensation in that portion of 
the calendar year 1963 preceding the first day of the calendar month 
next following the month of enactment of this Act [October 1963] will 
have been less than $500.''


                    Effective Date of 1959 Amendment

    Amendment by Pub. L. 86-28 effective with respect to base years 
after the base year ending Dec. 31, 1957, see section 309 of Pub. L. 86-
28, set out as a note under section 351 of this title.


                    Effective Date of 1954 Amendment

    Amendment by act Aug. 31, 1954, effective July 1, 1954, see section 
401 of act Aug. 31, 1954, set out as a note under section 351 of this 
title.


                    Effective Date of 1952 Amendment

    Amendment by act May 15, 1952, effective with respect to benefit 
years beginning on and after July 1, 1952, see section 3 of act May 15, 
1952, set out as a note under section 352 of this title.


                    Effective Date of 1946 Amendment

    Amendment by act July 31, 1946, effective July 1, 1947, see section 
403 of act July 31, 1946, set out as a note under section 352 of this 
title.


                    Effective Date of 1940 Amendment

    For effective date of amendment by act Oct. 10, 1940, see section 1 
of act Oct. 10, 1940, set out as a note under section 351 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 352, 362 of this title.
