Title 45 — Railroads

Chapter 11 — Railroad Unemployment Insurance

§ 352. Benefits

Statutory text

Days for which benefits payable; determination of amount

Payment of Unemployment Benefits.—

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.

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.

Strikes.—

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.

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.

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.

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—

a single registration period that includes more than 4 days of unemployment;

a series of consecutive registration periods, each of which includes more than 4 days of unemployment; or

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.

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.

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.

Payment of Sickness Benefits.—

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.

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.

Definition of period of continuing sickness.—

For the purposes of this subparagraph, a period of continuing sickness means—

a period of consecutive days of sickness, whether from 1 or more causes; or

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.

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.

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.

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.

In computing benefits to be paid, days of unemployment shall not be combined with days of sickness in the same registration period.

Notwithstanding paragraph (3), subsection (c)(1)(B), and any other limitation on total benefits in this chapter, for registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, and for registration periods beginning after December 26, 2020, but on or before September 6, 2021, a recovery benefit shall be payable to a qualified employee with respect to any registration period in which the employee received unemployment benefits under paragraph (1)(A), and in any registration period in which the employee did not receive unemployment benefits due to the limitation in subsection (c)(1)(B) or due to reaching the maximum number of days of benefits in the benefit year beginning July 1, 2019, or July 1, 2020, or July 1, 2021, under subsection (c)(1)(A). No recovery benefits shall be payable under this section upon the exhaustion of the funds appropriated under subparagraph (B) for payment of benefits under this subparagraph. For registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods beginning after December 26, 2020, but on or before September 6, 2021, the recovery benefit payable under this subparagraph shall be in the amount of $600.

Out of any funds in the Treasury not otherwise appropriated, there are appropriated $425,000,000 to cover the cost of recovery benefits provided under subparagraph (A), to remain available until expended.

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.

Maximum number of days for benefits

Normal benefits

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.

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.

Extended benefits

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.

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.

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.

Temporary increase in extended unemployment benefits

Employees with 10 or more years of service

Subject to clause (iii), in the case of an employee who has 10 or more years of service (as so defined), with respect to extended unemployment benefits—

subparagraph (A) shall be applied by substituting “330 days of unemployment” for “65 days of unemployment”; and

subparagraph (B) shall be applied by inserting “(or, in the case of unemployment benefits, 33 consecutive 14-day periods, except that no extended benefit period shall end before 20 consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 1 have elapsed)” after “7 consecutive 14-day periods”.

Employees with less than 10 years of service

Subject to clause (iii), in the case of an employee who has less than 10 years of service (as so defined), with respect to extended unemployment benefits, this paragraph shall apply to such an employee in the same manner as this paragraph would apply to an employee described in clause (i) if such clause had not been enacted and if—

subparagraph (A) were applied by substituting “265 days of unemployment” for “65 days of unemployment”; and

subparagraph (B) were applied by inserting “(or, in the case of unemployment benefits, 27 consecutive 14-day periods, except that no extended benefit period shall end before 20 consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 ¹ have elapsed)” after “7 consecutive 14-day periods”.

Application

The provisions of clauses (i) and (ii) shall apply to an employee who received normal benefits for days of unemployment under this chapter during the period beginning July 1, 2019, and ending on June 30, 2022, except that the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period beginning after September 6, 2021..2 Notwithstanding the preceding sentence, no benefits shall be payable under this subparagraph and clauses (i) and (ii) shall no longer be applicable upon the exhaustion of the funds appropriated under clause (v) for payment of benefits under this subparagraph.

Treatment of certain calendar days

No calendar day occurring during the period beginning on the first date with respect to which the employee has exhausted all rights to extended unemployment benefits under this paragraph as in effect on the day before the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 ¹ and ending with the date of such enactment may be treated as a day of unemployment for purposes of the payment of extended unemployment benefits under this paragraph.

Appropriation

Out of any funds in the Treasury not otherwise appropriated, there are appropriated $20,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended. In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended. In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treasury not otherwise appropriated, there are appropriated $2,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.

Accelerated benefits

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.

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.

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.

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.

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.

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.

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.

Footnotes

1 See References in Text note below.
2 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1938
Pub. L. 75–680 § 2 · 52 Stat. 1094
Enacted · 45 U.S.C. § 352
June 25, 1938, ch. 680, § 2, 52 Stat. 1096
Source evidence
Code source credit
June 25, 1938, ch. 680, § 2, 52 Stat. 1096
Enacted provision · exact public law section
Sec. 2. benefits (a) Qualified employees. Except as may otherwise be prescribed for part-time workers pursuant to subsection (d) of this section, a qualified employee shall be paid benefits for each day of unemployment in excess of seven during any half-month which begins after June 30, 1939. Amount for each day of unemployment. The benefits payable to any such employee for each such day of unemployment shall be the amount appearing in the following table in column II on the line on which, in column I, appears the compensation-range containing the total amount of compensation payable to him with respect to employment in his base year: Column I Total compensation Column II Daily benefit amount $150 to $199.99 $1. 75 $200 to $474.99 $2. 00 $475 to $749.99 $2. 25 $750 to $1,024.99 $2. 50 $1,025 to $1,299.99 $2. 75 $1,300 to over $3. 00 (b) The benefits provided for in this section shall be paid to an Intervals of payment. employee at such reasonable intervals as the Board may prescribe. (c) The maximum benefits payable to an employee for unemployment Yearly maximum, limitation. within his benefit year shall not exceed eighty times the daily benefits payable to him. (d) The Board shall prescribe regulations for determining the Part-time workers. amount of daily benefits, and the maximum benefits during any benefit year, to be payable to part-time workers and for determining the days of unemployment with respect to which such benefits shall be payable. Such regulations shall provide benefits reasonably proportionate to the benefits hereinbefore provided for other employees, with due regard to the compensation payable per month to a part-time worker with respect to his part-time employment, as compared with the compensation per month prevailing in the same locality for employees employed by employers for the full-time hours or days per month prevailing in the locality for the same class of service. Such regulations shall provide also for the payment of such benefits to a part-time worker only with respect to his days of unemployment in excess of a number to be prescribed with due regard to the pro-portion of full time which he regularly works. (e) The provisions of section 9 of the Kailroad Retirement Act Erroneous payments. 50 Stat. 314. 45 U. S. C., Supp. III, § 228i. of 1937 shall be applicable to benefits under this Act to the same extent and in the same manner as therein provided with respect to annuities, death benefits, and pensions. (f) No benefits shall be assignable or be subject to any tax or to Benefits not assignable, etc. garnishment, attachment, or other legal process under any circumstances whatsoever, nor shall the payment thereof be anticipated. (g) If (i) benefits are paid to any employee with respect to any If benefits paid and other remuneration payable. period, and there is later determined to be payable to such employee any remuneration with respect to such period, and (ii) the person or company from whom such remuneration is payable has, before payment thereof, notice of the payment of such benefits, the remuneration Remuneration to be held as special trust fund. so payable shall not be reduced by reason of such benefits but the remuneration so payable, to the extent of such benefits, 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 8 of this Act with respect to contributions. The proceeds of such special fund shall be credited to the account. The amount of such benefits, to the extent that it is represented in such a special fund which has been collected by the Board, shall be disregarded for the purposes of subsections (a) and (c) of this section.
1939
Public Law not identified
Struck · 45 U.S.C. § 352(a)
Subsec. (a). Act June 20, 1939, § 7, struck out exception relating to part-time workers
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act June 20, 1939, § 7, struck out exception relating to part-time workers.
1939
Public Law not identified
Redesignated · 45 U.S.C. § 352(d)
Subsec. (d). Act June 20, 1939, §§ 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
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (d). Act June 20, 1939, §§ 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.
1939
Public Law not identified
Redesignated · 45 U.S.C. § 352(e)
Subsec. (e). Act June 20, 1939, § 9, redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e). Act June 20, 1939, § 9, redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
1939
Public Law not identified
1. Redesignated · 45 U.S.C. § 352(f); 45 U.S.C. § 352(g)
  Subsecs. (f), (g). Act June 20, 1939, § 9, redesignated subsec (g) as (f)
2. Redesignated · 45 U.S.C. § 352(f); 45 U.S.C. § 352(g)
  Subsecs. (f), (g). Act June 20, 1939, § 9, struck out reference to subsec. (a). Former subsec. (f) redesignated (e)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsecs. (f), (g). Act June 20, 1939, § 9, redesignated subsec (g) as (f) and struck out reference to subsec. (a). Former subsec. (f) redesignated (e).
1940
Public Law not identified
1. Amended · 45 U.S.C. § 352(a)
  Subsec. (a). Act Oct. 10, 1940, § 9, designated existing provisions as cl. (i)
2. Substituted · 45 U.S.C. § 352(a)
  Subsec. (a). Act Oct. 10, 1940, § 9, substituted registration period for half-month as determining factor
3. Added · 45 U.S.C. § 352(a)
  Subsec. (a). Act Oct. 10, 1940, § 9, added cl. (ii), and increased total compensation amounts set out in Column I and daily benefit amounts set out in Column II
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Oct. 10, 1940, § 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.
1940
Public Law not identified
Substituted · 45 U.S.C. § 352(c)
Subsec. (c). Act Oct. 10, 1940, § 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
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act Oct. 10, 1940, § 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.
1940
Public Law not identified
Substituted · 45 U.S.C. § 352(d)
Subsec. (d). Act Oct. 10, 1940, § 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
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (d). Act Oct. 10, 1940, § 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.
1940
Public Law not identified
Substituted · 45 U.S.C. § 352(f)
Subsec. (f). Act Oct. 10, 1940, § 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
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (f). Act Oct. 10, 1940, § 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.
1946
Public Law not identified
1. Added · 45 U.S.C. § 352(a)
  Subsec. (a). Act July 31, 1946, § 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
2. Added · 45 U.S.C. § 352(a)
  Subsec. (a). Act July 31, 1946, § 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 last two pars. relating to maternity benefits and to computation of benefits
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act July 31, 1946, § 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.
1946
Public Law not identified
Changed · 45 U.S.C. § 352(c)
Subsec. (c). Act July 31, 1946, § 306, increased maximum days of unemployment to 130 and established same maximum for days of sickness
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act July 31, 1946, § 306, increased maximum days of unemployment to 130 and established same maximum for days of sickness.
1946
Public Law not identified
Inserted · 45 U.S.C. § 352(f)
Subsec. (f). Act July 31, 1946, § 307, inserted references to sickness
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (f). Act July 31, 1946, § 307, inserted references to sickness.
1952
Public Law not identified
Substituted · 45 U.S.C. § 352(a)
Subsec. (a). Act May 15, 1952, substituted a new table of daily benefit rates
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act May 15, 1952, substituted a new table of daily benefit rates.
1954
Public Law not identified
Inserted · 45 U.S.C. § 352(a)
Subsec. (a). Act Aug. 31, 1954, § 304(a), changed the table of daily benefit rates and qualifying amounts of earnings in the base year so that such rates and amounts will begin with $3.50 and $4.00, respectively, to a maximum of $8.50 for $4,000 and over, and inserted proviso immediately after the table
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Aug. 31, 1954, § 304(a), changed the table of daily benefit rates and qualifying amounts of earnings in the base year so that such rates and amounts will begin with $3.50 and $4.00, respectively, to a maximum of $8.50 for $4,000 and over, and inserted proviso immediately after the table.
1954
Public Law not identified
Inserted · 45 U.S.C. § 352(c)
Subsec. (c). Act Aug. 31, 1954, § 304(b), inserted proviso at end
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act Aug. 31, 1954, § 304(b), inserted proviso at end.
1955
Public Law not identified
Changed · 45 U.S.C. § 352(e)
Subsec. (e). Act Aug. 12, 1955, specified that exemption applies to the laws of the several States, the District of Columbia, and the Territories
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e). Act Aug. 12, 1955, specified that exemption applies to the laws of the several States, the District of Columbia, and the Territories.
1959
Pub. L. 86–28 § 302 · 73 Stat. 25
1. Substituted · 45 U.S.C. § 352(a)
  Pub. L. 86–28, § 302, substituted “for each day of unemployment in excess of four during any registration period, and” for “for each day of 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” increased the daily benefit rates
2. Substituted · 45 U.S.C. § 352(a)
  Pub. L. 86–28, § 302, substituted “60 per centum” for “50 per centum” increased the daily benefit rates
3. Substituted · 45 U.S.C. § 352(a)
  Pub. L. 86–28, § 302, substituted “not to exceed $10.20” for “not to exceed $8.50” increased the daily benefit rates
Source evidence
Code amendment note
Subsec. (a). Pub. L. 86–28, § 302, substituted “for each day of unemployment in excess of four during any registration period, and” for “for each day of 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.
Enacted provision · exact public law section
Sec. 302. (a) Section 2(a) of the Railroad Unemployment Insurance Daily benefit rates. 45 USC 352. Act is amended by striking out the language between “(i)” and “(ii)” and inserting in lieu thereof the following: “for each day of unemployment in excess of four during any registration period, and”. (b) Section 2(a) of such Act is further amended by striking out columns I and II and inserting in lieu thereof the following: “Column I Column II Total Compensation Daily Benefit Rate $500 to $699.99 $4.50 700 to 999.99 5. 00 1,000 to 1,299.99 5. 50 1.300 to 1,599.99 6. 00 1,600 to 1,899.99 6. 50 1,900 to 2,199.99 7. 00 2,200 to 2,499.99 7. 50 2,500 to 2,799.99 8. 00 2.800 to 3,099.99 8. 50 3,100 to 3,499.99 9. 00 3,500 to 3,999.99 9. 50 4,000 and over 10. 20”. (c) The proviso in such section 2(a) is amended by striking out “50” and “$8.50” and inserting in lieu thereof “60” and “$10.20”, respectively.
1959
Pub. L. 86–28 § 303(a) · 73 Stat. 25
Changed · 45 U.S.C. § 352(c)
Pub. L. 86–28, § 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
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–28, § 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.
Enacted provision · exact public law section
(a) Section 2(c) of the Railroad Unemployment Insurance Temporary extension of benefits. Act is amended by striking out the period at the end thereof and inserting in lieu of such period a colon and the following: “And provided further, That, with respect to an employee who has ten or more years of service as defined in section 1 (f) of the Railroad 45 USC 228a. Retirement Act of 1937, who did not voluntarily leave work without good cause or voluntarily retire, and who had current rights to normal benefits for days of unemployment 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 the following schedule, and the maximum number of days of, and amount of payment for, unemployment within such benefit year for which benefits may be paid to the employee shall be enlarged to include all compensable days of unemployment within such extended benefit period: “If the employee’s years of service’ total— The extended benefit period shall begin on the first day of unemployment following the day on which the employee exhausted his then current rights to normal benefits for days of unemployment and shall continue for successive fourteen-day periods (each of which periods shall constitute a registration period) until the number of such fourteen-day periods totals— 10 and less than 15 7 (but not more than 65 days) 15 and over 13 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 3 of this Act on the basis of compensation earned after the first of such successive fourteen-day periods has begun. For an employee who has ten or more years of service, who did not voluntarily leave work without good cause or voluntarily retire, who has fourteen or more consecutive days of unemployment, and who is not a ‘qualified employee’ for the general benefit year current when such unemployment commences but is or becomes a ‘qualified employee’ for the next succeeding general benefit year, such succeeding benefit year shall, in his case, begin on the first day of the month in which such unemployment commences.”
1966
Pub. L. 89–700 § 202(a) · 80 Stat. 1073
1. Struck · 45 U.S.C. § 352(a)
  Pub. L. 89–700, § 202(a), struck out daily benefit rate of $4.50 for the compensation range of $500 to $699.99 from the table
2. Substituted · 45 U.S.C. § 352(a)
  Pub. L. 89–700, § 202(a), substituted “750” for “700” in Column I
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–700, § 202(a), struck out daily benefit rate of $4.50 for the compensation range of $500 to $699.99 from the table, and substituted “750” for “700” in Column I.
Enacted provision · exact public law section
(a) Section 2(a) of the Railroad Unemployment Insurance Act is amended by striking out the first line from the table thereof 73 Stat. 30. 45 USC 352. and by substituting “$750” for “700” in the second line of such table.
1966
Pub. L. 89–700 § 202(b) · 80 Stat. 1073
Amended · 45 U.S.C. § 352(g)
Pub. L. 89–700, § 202(b), amended subsec. (g) generally, and among other changes, provided that if there is no individual to whom accrued benefits can be paid, such benefits or parts thereof shall escheat to the credit of the account
Source evidence
Code amendment note
Subsec. (g). Pub. L. 89–700, § 202(b), amended subsec. (g) generally, and among other changes, provided that if there is no individual to whom accrued benefits can be paid, such benefits or parts thereof shall escheat to the credit of the account.
Enacted provision · exact public law section
(b) Section 2(g) of such Act is amended by striking out all of 53 Stat. 848. said section after “whom any” and inserting in lieu thereof the following: “accrued annuities under section 3(f) (1) of the Railroad Retirement Act of 1937 are paid. In the event that no such accrued annuities are 72 Stat. 1778. 45 USC 228c. 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 3(f) (1) of the. Railroad Retirement Act of 1937 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.”
1968
Pub. L. 90–257 § 202(a) · 82 Stat. 16
1. Struck · 45 U.S.C. § 352(a)
  Pub. L. 90–257, § 202(a), struck out all references to the payment of maternity benefits
2. Struck · 45 U.S.C. § 352(a)
  Pub. L. 90–257, § 202(a), 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
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–257, § 202(a), struck out all references to the payment of maternity benefits, amended table of benefit rates by striking out the line for persons in the compensation range of $750 to $999.99 and by increasing the rates of benefits for the 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.
Enacted provision · exact public law section
(a) (1) The first paragraph of section 2(a) of the Railroad Unemployment Insurance Act is amended by striking out (i) “(other 45 USC 352. than a day of sickness in a maternity period)”; and (ii) “, and (iii) for each day of sickness in a maternity period”. (2) The said section 2(a) is further amended by striking out the third paragraph thereof. (3) The said section 2(a) is further amended by striking out the first line from the table thereof; by striking out “5.50”, “6.00”, “6.50”, “7.00”, “7.50”, “8.00”. “8.50”, “9.00”. “9.50” and “10.20” and inserting in lieu thereof “$8.00” “8,50”, “9.00”, “9.50”, “10.00”, “10.50”, “11.00” “11.50”, “12.00” and “12.70”, respectively; and by striking from the proviso “$10.20” and inserting in lieu thereof “$12.70”.
1968
Pub. L. 90–257 § 202(b) · 82 Stat. 16
1. Added · 45 U.S.C. § 352(c)
  Pub. L. 90–257, § 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
2. Inserted · 45 U.S.C. § 352(c)
  Pub. L. 90–257, § 202(b), removed all references to payment of maternity benefits, made provision for extended sickness benefits similar to extended unemployment benefits, 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
Source evidence
Code amendment note
Subsec. (c). Pub. L. 90–257, § 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.
Enacted provision · exact public law section
(b) (1) Section 2(c) of such Act is amended by striking out “, other than days of sickness in a maternity period,” wherever it appeal’s; by inserting “and” after “base year;” where it first appears, and by striking out “; and the total amount of benefits which may be paid to an employee for days of sickness in a maternity period shall in no case exceed the employee’s compensation in the base year on the basis of which the employee was determined to be qualified for benefits in such maternity period”. (2) The said section 2(c) is further amended (i) by striking out “leave work without good cause or voluntarily retire” from the second proviso and inserting in lieu thereof the following: “retire and (in a ease involving exhaustion of rights to benefits for days of unemployment) did not voluntarily leave work without good cause”; (ii) by inserting after the words “normal benefits for days of unemployment”, the first time they appear in the second proviso, the following: “or days of sickness”; (iii) by inserting after “for, unemployment” in the second proviso the following: “or sickness (depending on the type of benefit rights exhausted)”; (iv) by inserting after “compensable days of unemployment” in the second proviso the following: “or days of sickness, as the case may be,”; (v) by inserting after “first day of unemployment” in the schedule in the second proviso the following: “or sickness, as the case may be,”; (vi) by inserting after the words “days of unemployment” in the schedule in the second proviso the following: “or days of sickness”; (vii) by striking out “leave work without good cause or voluntarily retire” from the second sentence and inserting in lieu thereof the following: “retire and (in a case involving unemployment) did not voluntarily leave work without good cause,”; (vii) by inserting after “unemployment,” in the second sentence, the following: “or fourteen or more consecutive days of sickness,”; (ix) by inserting after the words “such unemployment”, wherever they appear in the last sentence, the following: “or sickness”; and (x) by adding the following two sentences at the end of such section: “Notwithstanding the other provisions of this subset i, 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 the payment of unemployment benefits; and, in the case of a succeeding benefit year beginning in accordance with the next preceding sentence 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 day on which age 65 is attained and continuing through the day preceding the first day of the next succeeding general benefit year. For purposes of this subsection and section 10(h), the Board may rely on evidence of age available in its records and files at the time be terminations of age are made.”
1974
Pub. L. 93–445 § 401(a) · 88 Stat. 1305
1. Substituted · 45 U.S.C. § 352(c)
  Pub. L. 93–445, § 401(a), substituted “ten or more years of service as defined in section 231(f) of this title” for “ten or more years of service as defined in section 228a(f) of this title”
2. Struck · 45 U.S.C. § 352(c)
  Pub. L. 93–445, § 401(a), struck out “and section 360(h) of this title” after “For purposes of this subsection”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–445, § 401(a), substituted “ten or more years of service as defined in section 231(f) of this title” for “ten or more years of service as defined in section 228a(f) of this title” and struck out “and section 360(h) of this title” after “For purposes of this subsection”.
Enacted provision · exact public law section
(a) Section 2(c) of the Railroad Unemployment Insurance Act is amended by striking out “Railroad Retirement Act of 1937” and inserting in lieu thereof “Railroad Retirement Act of 1974” and by 45 USC 352. Ante, p. 1305. striking out “and section 10 (h)”.
1974
Pub. L. 93–445 § 401(b) · 88 Stat. 1305
Substituted · 45 U.S.C. § 352(g)
Pub. L. 93–445, § 401(b), substituted “section 231e(a)(1) of this title” for “section 228c(f)(1) of this title” in two places
Source evidence
Code amendment note
Subsec. (g). Pub. L. 93–445, § 401(b), substituted “section 231e(a)(1) of this title” for “section 228c(f)(1) of this title” in two places.
Enacted provision · exact public law section
(b) Section 2(g) of such Act is amended by striking out “section 3(f)(1) of the Railroad Retirement Act of 1937” each time it appears therein and inserting in lieu thereof “section 6(a)(1) of the Railroad Retirement Act of 1974”. Ante, P. 1334.
1975
Pub. L. 94–92 § 1(c)(1) · 89 Stat. 461
1. Inserted · 45 U.S.C. § 352(a)
  Pub. L. 94–92, § 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
2. Inserted · 45 U.S.C. § 352(a)
  Pub. L. 94–92, § 1(c)(1), inserted definition of period of continuing sickness
Source evidence
Code amendment note
Subsec. (a), first par. Pub. L. 94–92, § 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.
Enacted provision · exact public law section
(1) by striking out the first paragraph and inserting in lieu thereof the following: “(a) Benefits shall be payable to any qualified employee for each day of unemployment in excess of four during any registration period: Provided, however, That notwithstanding the provisions of section 1(h) of this Act, 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 4(a–2) (iii), 45 USC 354. 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 1(h), so many of the ensuing seven consecutive calendar days during which his unemployment continues to be caused by such stoppage or work shall constitute a registration period, during which benefits shall be payable for each day of unemployment. 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.”; and
1975
Pub. L. 94–92 § 1(c)(2) · 89 Stat. 461
Substituted · 45 U.S.C. § 352(a)
Pub. L. 94–92, § 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
Source evidence
Code amendment note
Subsec. (a), second par. Pub. L. 94–92, § 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.
Enacted provision · exact public law section
(2) by striking out the second paragraph and inserting in lieu thereof the following: Daily benefit rate. “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 be 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 and that for registration periods beginning after June 30, 1976, such amount shall not exceed $25 per day of such unemployment or sickness. 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.”.
1975
Pub. L. 94–92 § 1(d) · 89 Stat. 461
Inserted · 45 U.S.C. § 352(c)
Pub. L. 94–92, § 1(d), inserted exception provision in first proviso and proviso respecting an employee with less than ten years of service
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–92, § 1(d), inserted exception provision in first proviso and proviso respecting an employee with less than ten years of service.
Enacted provision · exact public law section
(d) Section 2(c) of such Act is amended— (1) by inserting “except that notwithstanding the provisions of section 1(i) of this Act, in determining the employee’s compensation in the base year for purposes of this proviso and the second proviso of this subsection, any money remuneration paid to the employee for services rendered as an employee not in excess of $775 in any month shall be taken into account” immediately before the colon at the end of the first proviso; and (2) by inserting immediately after the colon at the end of the first proviso the following: “Provided further, That, with respect to an employee who has less than ten years of service as defined in 45 USC 231. section 1(f) of the Railroad Retirement Act of 1974, who did not voluntarily retire and did not voluntarily leave work without good cause, and who had current rights to normal benefits for days of unemployment in a benefit year but has exhausted such rights, the maximum number of days of, and amount of payment for, unemployment within such benefit year (as extended by the provisions of subsection (h) of this section) for which benefits may be paid shall be enlarged, but not by more than sixty-five days, to include all compensable days of unemployment within an extended benefit period determined pursuant to the provisions of subsection (h) of this section, but the total amount of benefits which may be paid to an employee for days of unemployment within such extended benefit period shall in no case exceed 50 per centum of the employee’s compensation in the base year:”.
1975
Pub. L. 94–92 § 1(e) · 89 Stat. 461
Added · 45 U.S.C. § 352(h)
Pub. L. 94–92, § 1(e), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 94–92, § 1(e), added subsec. (h).
Enacted provision · exact public law section
(e) Section 2 of such Act is further amended by adding at the end thereof the following new subsection: “(h) (1) For purposes of the second proviso of subsection (c) of this section, an extended benefit period, with respect to an employee, shall begin on the first day of unemployment within a period of high unemployment following the day on which the employee exhausted his then current rights to normal benefits for unemployment and shall continue for seven successive fourteen-day periods (each of which periods shall constitute a registration period). If the general benefit year in which an employee’s extended benefit period began ends within such extended benefit period, such benefit year shall, in the case of such employee, be deemed not to be ended until the last day of the extended benefit period. If an employee unemployed within a period of high unemployment is not a ‘qualified employee’ for the general benefit year then current but was a ‘qualified employee’ for the preceding general benefit year, such preceding general benefit year shall, for purposes of the second proviso of subsection (c) of this section, in the case of such employee, be deemed not to be ended until the last day of such employee’s extended benefit, period determined pursuant to the provisions of this subsection. “(2) For purposes of subdivision (1) of this subsection, a ‘period Period of high unemployment of high unemployment’ shall begin with the twentieth day after whichever of the following first occurs: (A) there is a national ‘on’ indicator as defined in section 203(d) of Public Law 91–373, as amended, or 26 USC 3304 note. (B) a period of three consecutive calendar months in which, for each month included in such period, the rate of railroad unemployment (seasonally adjusted) equalled or exceeded the lowest applicable unemployment rate specified for the national ‘on’ indicate)’ in section 303(d) of Public Law 91–373, as amended, and shall end with the twentieth day after both of the following occur: (A) there is a national ‘off’ indicator as defined in section 203(d) of Public Law 91–373, as amended, and (B) a period of three consecutive calendar months, in which, for each month included in such period, the rate of railroad unemployment (seasonally adjusted) was less than the lowest applicable unemployment rate specified for the national ‘off’ indicator in section 203 (d) of Public Law 91–373, as amended. “(3) For purposes of subdivision (2) of this subsection, the term “Rate of railroad unemployment.” ‘rate of railroad unemployment’ for a month means the percentage arrived at by dividing (A) the average weekly number of individuals who filed bona fide claims for benefits for days of unemployment in such month, excluding from such number those individuals whose unemployment was due to a stoppage of work because of a strike, lock-out, or other labor dispute, by (B) the average midmonth count of employees of class I railroads and class I switching and terminal companies, as reported to the Interstate Commerce Commission, adjusted, as determined by the Board, to include all employees covered by this Act for the twelve months ending with the second calendar quarter preceding such month. “(4) Determinations under this subsection shall be made by the Board in accordance with regulations prescribed by it. When a determination Publication in Federal Register. has been made that a ‘period of high unemployment’ is beginning or ending, the Board shall cause notice of such determination to be published in the Federal Register. The Board shall also cause Publication in Federal Register. to be published in the Federal Register the formula which it uses to adjust the mid-month count of employees of class T railroads and class I switching and terminal companies to include all employees covered by this Act, and the formula it uses to make seasonal adjustments in the rate of railroad unemployment.”.
1983
Railroad Retirement Solvency Act of 1983
Pub. L. 98–76 title IV § 412(a) · 97 Stat. 411
Substituted · 45 U.S.C. § 352(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(a) Subsection (a) of section 2 of the Railroad Unemployment Insurance Act is amended by striking out “Provided, however” and all that follows down through the end of the first sentence and inserting in lieu thereof: “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.”.
1988
Railroad Unemployment Insurance and Retirement Improvement Act of 1988
Pub. L. 100–647 § 7201(a)(1) · 102 Stat. 3342
1. Inserted · 45 U.S.C. § 352(a)(1)
  Pub. L. 100–647, § 7201(a)(1), (2), inserted “(1)” after “(a)”
2. Substituted · 45 U.S.C. § 352(a)(1)
  Pub. L. 100–647, § 7201(a)(1), (2), 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.”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 100–647, § 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.”
Enacted provision · exact public law section
(1) by inserting “(1)” after “(a)”;
1988
Railroad Unemployment Insurance and Retirement Improvement Act of 1988
Pub. L. 100–647 § 7201(a)(3) · 102 Stat. 3342
1. Inserted · 45 U.S.C. § 352(a)(2)
  Pub. L. 100–647, § 7201(a)(3)–(6), inserted “(2)” before “The daily benefit”
2. Substituted · 45 U.S.C. § 352(a)(2)
  Pub. L. 100–647, § 7201(a)(3)–(6), substituted “sickness, that for” for “sickness and that for”
3. Inserted · 45 U.S.C. § 352(a)(2)
  Pub. L. 100–647, § 7201(a)(3)–(6), inserted “but before July 1, 1988,” after “June 30, 1976,”
4. Inserted · 45 U.S.C. § 352(a)(2)
  Pub. L. 100–647, § 7201(a)(3)–(6), 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”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 100–647, § 7201(a)(3)–(6), inserted “(2)” before “The daily benefit”, substituted “sickness, that for” for “sickness and that for”, inserted “but 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”.
Enacted provision · exact public law section
(3) by inserting “(2)” at the beginning of the second paragraph;
1988
Railroad Unemployment Insurance and Retirement Improvement Act of 1988
Pub. L. 100–647 § 7201(a)(7) · 102 Stat. 3342
Added · 45 U.S.C. § 352(a)(3)
Pub. L. 100–647, § 7201(a)(7), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 100–647, § 7201(a)(7), added par. (3).
Enacted provision · exact public law section
(7) by inserting after the second paragraph the following new paragraph: “(3) (A) The maximum daily benefit rate which the Board is required to compute under section 12(r)(2) shall be the amount computed pursuant to the following formula, but shall be not less than $30: BR=25(1+A−600900) “(B) For purposes of such formula— “(i) ‘BR’ represents the maximum daily benefit rate; and “(ii) ‘A’ represents the amount obtained by dividing the amount of the ‘applicable base’ with respect to tier 1 taxes as determined under section 3231(e)(2) of the Internal Revenue Code of 1986 for the calendar year in which the benefit year begins by 60, with this quotient being rounded down to the nearest multiple of $100. “(C) If the maximum daily benefit rate computed under such formula is not a multiple of $1, it shall be rounded to the nearest multiple of $1, with such rounding being upward in the event the amount computed is equidistant between two multiples of $1.”; and
1988
Railroad Unemployment Insurance and Retirement Improvement Act of 1988
Pub. L. 100–647 § 7201(a)(8) · 102 Stat. 3342
Inserted · 45 U.S.C. § 352(a)(4)
Pub. L. 100–647, § 7201(a)(8), inserted “(4)” before “In computing benefits”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 100–647, § 7201(a)(8), inserted “(4)” before “In computing benefits”.
Enacted provision · exact public law section
(8) by inserting “(4)” at the beginning of the last paragraph.
1988
Railroad Unemployment Insurance and Retirement Improvement Act of 1988
Pub. L. 100–647 § 7101(c) · 102 Stat. 3342
Substituted · 45 U.S.C. § 352(c)
Pub. L. 100–647, § 7101(c), substituted “shall be taken into account that is not in excess of $775 in any month before 1989 and, in any month in a base year after 1988, is not in excess of an amount that bears the same ratio to $775 as the monthly 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”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–647, § 7101(c), substituted “shall be taken into account that is not in excess of $775 in any month before 1989 and, in any month in a base year after 1988, is not in excess of an amount that bears the same ratio to $775 as the monthly 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”.
Enacted provision · exact public law section
(c) Conforming Amendment With Respect to Limitation on Taking Account of Money Remuneration.— Section 2(c) is amended by striking out “not in excess of $775 in any month shall be taken into account:” and inserting in lieu thereof “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 1(i) of this Act bears to $600:”.
1995
ICC Termination Act of 1995
Pub. L. 104–88 title III § 324(3) · 109 Stat. 803
Substituted · 45 U.S.C. § 352(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(3) by striking “Interstate Commerce Commission, adjusted, as determined by the Board” in section 2(h)(3) (45 U.S.C. 352(h)(3)) and inserting in lieu thereof “Surface Transportation Board, adjusted, as determined by the Railroad Retirement Board”.
1996
Railroad Unemployment Insurance Amendments Act of 1996
Pub. L. 104–251 § 2 · 110 Stat. 3161
1. Inserted · 45 U.S.C. § 352(a)(1)(A)
  Pub. L. 104–251, § 2, inserted heading
2. Amended · 45 U.S.C. § 352(a)(1)(A)
  Pub. L. 104–251, § 2, 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
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 104–251, § 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.”
Enacted provision · exact public law section
SEC. 2. WATTING PERIOD FOR UNEMPLOYMENT BENEFITS. Subparagraph (A) of section 2(a)(1) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(1)(A)) is amended to read as follows: “(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 1(j)) 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.”.
1996
Railroad Unemployment Insurance Amendments Act of 1996
Pub. L. 104–251 § 3 · 110 Stat. 3161
1. Inserted · 45 U.S.C. § 352(a)(1)(B)
  Pub. L. 104–251, § 3, inserted heading
2. Amended · 45 U.S.C. § 352(a)(1)(B)
  Pub. L. 104–251, § 3, amended text generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 104–251, § 3, inserted heading and amended text generally. Prior to amendment, text read as follows:
“(B)(i) Except as otherwise provided in this 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.”
Enacted provision · exact public law section
SEC. 3. WAITING PERIOD FOR SICKNESS BENEFITS. Subparagraph (B) of section 2(a)(1) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(1)(B)) is amended to read as follows: “(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.”.
1996
Railroad Unemployment Insurance Amendments Act of 1996
Pub. L. 104–251 § 4 · 110 Stat. 3161
Amended · 45 U.S.C. § 352(a)(3)
Pub. L. 104–251, § 4, amended par. (3) generally. Prior to amendment, par. (3) provided the formula under which the Board was required to compute the maximum daily benefit rate under section 362(r)(2) of this title which could not be less than $30
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 104–251, § 4, amended par. (3) generally. Prior to amendment, par. (3) provided the formula under which the Board was required to compute the maximum daily benefit rate under section 362(r)(2) of this title which could not be less than $30.
Enacted provision · exact public law section
SEC. 4. MAXIMUM DAILY BENEFIT RATE. Paragraph (3) of section 2(a) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(3)) is amended to read as follows: “(3) The maximum daily benefit rate computed by the Board under section 12(r)(2) shall be the product of the monthly compensation base, as computed under section 1(i)(2) 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.”.
1996
Railroad Unemployment Insurance Amendments Act of 1996
Pub. L. 104–251 § 5(a) · 110 Stat. 3161
1. Inserted · 45 U.S.C. § 352(c)
  Pub. L. 104–251, § 5(a), inserted heading
2. Amended · 45 U.S.C. § 352(c)
  Pub. L. 104–251, § 5(a), amended text generally
3. Amended · 45 U.S.C. § 352(c)
  Pub. L. 104–251, § 5(a), 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
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–251, § 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.
Enacted provision · exact public law section
(a) In General.— Subsection (c) of section 2 of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)) is amended to read as follows: “(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 1(i), 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 1(i) 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 1(f) of the Railroad Retirement Act of 1974, 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 3 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 1(f) of the Railroad Retirement Act of 1974, 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.”.
1996
Railroad Unemployment Insurance Amendments Act of 1996
Pub. L. 104–251 § 5(b) · 110 Stat. 3161
Struck · 45 U.S.C. § 352(h)
Pub. L. 104–251, § 5(b), struck out subsec. (h), which provided for determining extended benefit period for employees with less than 10 years of service under former subsec. (c)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 104–251, § 5(b), struck out subsec. (h), which provided for determining extended benefit period for employees with less than 10 years of service under former subsec. (c).
Enacted provision · exact public law section
(b) Repeal of Deadwood Provision.— Section 2(h) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(h)) is repealed.
2009
Assistance for Unemployed Workers and Struggling Families Act
Pub. L. 111–5 div. B title II § 2006(a) · 123 Stat. 115
Added · 45 U.S.C. § 352(c)(2)(D)
Pub. L. 111–5 added subpar. (D)
Source evidence
Code amendment note
Subsec. (c)(2)(D). Pub. L. 111–5 added subpar. (D).
Enacted provision · exact public law section
(a) In General.— Section 2(c)(2) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)) is amended by adding at the end the following: “(D) Temporary increase in extended unemployment benefits.— “(i) Employees with 10 or more years of service.— Subject to clause (iii), in the case of an employee who has 10 or more years of service (as so defined), with respect to extended unemployment benefits— “(I) subparagraph (A) shall be applied by substituting ‘130 days of unemployment’ for ‘65 days of unemployment’; and “(II) subparagraph (B) shall be applied by inserting ‘(or, in the case of unemployment benefits, 13 consecutive 14-day periods)’ after ‘7 consecutive 14-day periods’. “(ii) Employees with less than 10 years of service.— Subject to clause (iii), in the case of an employee who has less than 10 years of service (as so defined), with respect to extended unemployment benefits, this paragraph shall apply to such an employee in the same manner as this paragraph would apply to an employee described in clause (i) if such clause had not been enacted. “(iii) Application.— Time period. Deadline. The provisions of clauses (i) and (ii) shall apply to an employee who received normal benefits for days of unemployment under this Act during the period beginning July 1, 2008, and ending on June 30, 2009, except that no extended benefit period under this paragraph shall begin after December 31, 2009. Notwithstanding the preceding sentence, no benefits shall be payable under this subparagraph and clauses (i) and (ii) shall no longer be applicable upon the exhaustion of the funds appropriated under clause (iv) for payment of benefits under this subparagraph. “(iv) Appropriation.— Out of any funds in the Treasury not otherwise appropriated, there are appropriated $20,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.” .
2009
Worker, Homeownership, and Business Assistance Act of 2009
Pub. L. 111–92 § 9(a)(1) · 123 Stat. 2984
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 111–92, § 9(a)(1), substituted “June 30, 2010” for “June 30, 2009”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 111–92, § 9(a)(1), substituted “December 31, 2010” for “December 31, 2009”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iii). Pub. L. 111–92, § 9(a)(1), substituted “June 30, 2010” for “June 30, 2009” and “December 31, 2010” for “December 31, 2009”.
Enacted provision · exact public law section
(1) in clause (iii)— (A) by striking “June 30, 2009” and inserting “June 30, 2010”; and (B) by striking “December 31, 2009” and inserting “December 31, 2010”; and
2009
Worker, Homeownership, and Business Assistance Act of 2009
Pub. L. 111–92 § 9(a)(2) · 123 Stat. 2984
Inserted · 45 U.S.C. § 352(c)(2)(D)(iv)
Pub. L. 111–92, § 9(a)(2), inserted at end “In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iv). Pub. L. 111–92, § 9(a)(2), inserted at end “In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”
Enacted provision · exact public law section
(2) by adding at the end of clause (iv) the following: “In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”.
2010
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010
Pub. L. 111–312 title V § 505(a) · 124 Stat. 3296
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 111–312 substituted “June 30, 2011” for “June 30, 2010”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 111–312 substituted “December 31, 2011” for “December 31, 2010”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iii). Pub. L. 111–312 substituted “June 30, 2011” for “June 30, 2010” and “December 31, 2011” for “December 31, 2010”.
Enacted provision · exact public law section
(a) Extension.— Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111–92), Ante, p. 2988. is amended— (1) by striking “June 30, 2010” and inserting “June 30, 2011”; and (2) by striking “December 31, 2010” and inserting “December 31, 2011”.
2011
Temporary Payroll Tax Cut Continuation Act of 2011
Pub. L. 112–78 title II § 202(a) · 125 Stat. 1280
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 112–78 substituted “August 31, 2011” for “June 30, 2011”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 112–78 substituted “February 29, 2012” for “December 31, 2011”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iii). Pub. L. 112–78 substituted “August 31, 2011” for “June 30, 2011” and “February 29, 2012” for “December 31, 2011”.
Enacted provision · exact public law section
(a) Extension.— Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111–92) and section 505 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 45 USC 352. (Public Law 111–312), is amended— (1) by striking “June 30, 2011” and inserting “August 31, 2011”; and (2) by striking “December 31, 2011” and inserting “February 29, 2012”.
2012
Unemployment Benefits Extension Act of 2012
Pub. L. 112–96 title II § 2124(a) · 126 Stat. 156
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 112–96 substituted “June 30, 2012” for “August 31, 2011”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 112–96 substituted “December 31, 2012” for “February 29, 2012”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iii). Pub. L. 112–96 substituted “June 30, 2012” for “August 31, 2011” and “December 31, 2012” for “February 29, 2012”.
Enacted provision · exact public law section
(a) Extension.— Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111–92), section 505 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111–312), and section 202 of the Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112–78), 45 USC 352. is amended— (1) by striking “August 31, 2011” and inserting “June 30, 2012”; and (2) by striking “February 29, 2012” and inserting “December 31, 2012”.
2013
American Taxpayer Relief Act of 2012
Pub. L. 112–240 title V § 504(a) · 126 Stat. 2313
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 112–240 substituted “June 30, 2013” for “June 30, 2012”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 112–240 substituted “December 31, 2013” for “December 31, 2012”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iii). Pub. L. 112–240 substituted “June 30, 2013” for “June 30, 2012” and “December 31, 2013” for “December 31, 2012”.
Enacted provision · exact public law section
(a) Extension.— Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111–92), section 505 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111–312), section 202 of the Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112–78), and section 2124 of the Unemployment Benefits Extension Act of 2012 45 USC 352. (Public Law 112–96), is amended— (1) by striking “June 30, 2012” and inserting “June 30, 2013”; and (2) by striking “December 31, 2012” and inserting “December 31, 2013”.
2020
Relief for Workers Affected by Coronavirus Act
Pub. L. 116–136 § 2113 · 134 Stat. 281
Added · 45 U.S.C. § 352(a)(5)
Pub. L. 116–136, § 2113, added par. (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 116–136, § 2113, added par. (5).
Enacted provision · exact public law section
SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. Section 2(a) of the Railroad Unemployment Insurance Act (45 U.S.C. § 352(a)) is amended by adding at the end the following: “(5) (A) Notwithstanding paragraph (3), subsection (c)(1)(B), and any other limitation on total benefits in this Act, for registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, a recovery benefit in the amount of $1,200 shall be payable to a qualified employee with respect to any registration period in which the employee received unemployment benefits under paragraph (1)(A), and in any registration period in which the employee did not receive unemployment benefits due to the limitation in subsection (c)(1)(B) or due to reaching the maximum number of days of benefits in the benefit year beginning July 1, 2019, under subsection (c)(1)(A). No recovery benefits shall be payable under this section upon the exhaustion of the funds appropriated under subparagraph (B) for payment of benefits under this subparagraph. “(B) Out of any funds in the Treasury not otherwise appropriated, there are appropriated $425,000,000 to cover the cost of recovery benefits provided under subparagraph (A), to remain available until expended.” .
Effective date note
Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”
2020
Relief for Workers Affected by Coronavirus Act
Pub. L. 116–136 § 2114(a) · 134 Stat. 281
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 116–136, § 2114(a), substituted “July 1, 2019” for “July 1, 2008”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 116–136, § 2114(a), substituted “June 30, 2020” for “June 30, 2013”
3. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 116–136, § 2114(a), substituted “December 31, 2020” for “December 31, 2013”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–136, § 2114(a), substituted “July 1, 2019” for “July 1, 2008”, “June 30, 2020” for “June 30, 2013”, and “December 31, 2020” for “December 31, 2013”.
Enacted provision · exact public law section
(a) Extension.— Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended— (1) by striking “July 1, 2008” and inserting “July 1, 2019”; (2) by striking “June 30, 2013” and inserting “June 30, 2020”; and (3) by striking “December 31, 2013” and inserting “December 31, 2020”.
Effective date note
Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”
2020
Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 § 232(a) · 134 Stat. 1182
1. Inserted · 45 U.S.C. § 352(a)(5)(A)
  Pub. L. 116–260, § 232(a), inserted “and for registration periods beginning after December 26, 2020, but on or before March 14, 2021,” after “July 31, 2020,”
2. Substituted · 45 U.S.C. § 352(a)(5)(A)
  Pub. L. 116–260, § 232(a), substituted “a recovery benefit” for “a recovery benefit in the amount of $1,200”
3. Substituted · 45 U.S.C. § 352(a)(5)(A)
  Pub. L. 116–260, § 232(a), substituted “July 1, 2019, or July 1, 2020” for “July 1, 2019”
4. Inserted · 45 U.S.C. § 352(a)(5)(A)
  Pub. L. 116–260, § 232(a), inserted at end “For registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods beginning after December 26, 2020, but on or before March 14, 2021, the recovery benefit payable under this subparagraph shall be in the amount of $600.”
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 116–260, § 232(a), inserted “and for registration periods beginning after December 26, 2020, but on or before March 14, 2021,” after “July 31, 2020,”, substituted “a recovery benefit” for “a recovery benefit in the amount of $1,200” and “July 1, 2019, or July 1, 2020” for “July 1, 2019”, and inserted at end “For registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods beginning after December 26, 2020, but on or before March 14, 2021, the recovery benefit payable under this subparagraph shall be in the amount of $600.”
Enacted provision · exact public law section
Sec. 232. The United States Secret Service is authorized to obligate funds in anticipation of reimbursements from executive agencies, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under the heading “United States Secret Service—Operations and Support” at the end of the fiscal year.
Effective date note
Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”
2020
Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 § 233(a)(1)(A) · 134 Stat. 1182
Substituted · 45 U.S.C. § 352(c)(2)(D)(i)(I)
Pub. L. 116–260, § 233(a)(1)(A), substituted “185 days” for “130 days”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(i)(I). Pub. L. 116–260, § 233(a)(1)(A), substituted “185 days” for “130 days”.
Enacted provision · exact public law section
Sec. 233. None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That Contracts. the Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.
Effective date note
Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”
2020
Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 § 233(a)(1)(B) · 134 Stat. 1182
Substituted · 45 U.S.C. § 352(c)(2)(D)(i)(II)
Pub. L. 116–260, § 233(a)(1)(B), substituted “19 consecutive 14-day periods, except that no extended benefit period shall end before 6 consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 have elapsed” for “13 consecutive 14-day periods”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(i)(II). Pub. L. 116–260, § 233(a)(1)(B), substituted “19 consecutive 14-day periods, except that no extended benefit period shall end before 6 consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 have elapsed” for “13 consecutive 14-day periods”.
Enacted provision · exact public law section
Sec. 233. None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That Contracts. the Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.
Effective date note
Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”
2020
Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 § 233(a)(2) · 134 Stat. 1182
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(ii)
  Pub. L. 116–260, § 233(a)(2), in introductory provisions, substituted “if such clause had not been enacted and if—” for “if such clause had not been enacted.”
2. Added · 45 U.S.C. § 352(c)(2)(D)(ii)
  Pub. L. 116–260, § 233(a)(2), in introductory provisions, added subcls. (A) and (B)
Source evidence
Code amendment note
Subsec. (c)(2)(D)(ii). Pub. L. 116–260, § 233(a)(2), in introductory provisions, substituted “if such clause had not been enacted and if—” for “if such clause had not been enacted.”, and added subcls. (A) and (B).
Enacted provision · exact public law section
Sec. 233. None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That Contracts. the Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.
Effective date note
Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”
2020
Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 § 233(a)(3) · 134 Stat. 1182
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 116–260, § 233(a)(3), substituted “June 30, 2021” for “June 30, 2020”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 116–260, § 233(a)(3), substituted “except that the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.” for “except that no extended benefit period under this paragraph shall begin after December 31, 2020”
3. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 116–260, § 233(a)(3), substituted “clause (v)” for “clause (iv)”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iii). Pub. L. 116–260, § 233(a)(3), substituted “June 30, 2021” for “June 30, 2020”, “except that the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.” for “except that no extended benefit period under this paragraph shall begin after December 31, 2020”, and “clause (v)” for “clause (iv)”.
Enacted provision · exact public law section
Sec. 233. None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That Contracts. the Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.
Effective date note
Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”
2020
Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 § 233(a)(4) · 134 Stat. 1182
1. Added · 45 U.S.C. § 352(c)(2)(D)(iv); 45 U.S.C. § 352(c)(2)(D)(v)
  Pub. L. 116–260, § 233(a)(4), (5), added cl. (iv)
2. Redesignated · 45 U.S.C. § 352(c)(2)(D)(iv); 45 U.S.C. § 352(c)(2)(D)(v)
  Pub. L. 116–260, § 233(a)(4), (5), redesignated former cl. (iv) as (v)
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iv), (v). Pub. L. 116–260, § 233(a)(4), (5), added cl. (iv) and redesignated former cl. (iv) as (v).
Enacted provision · exact public law section
Sec. 233. None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That Contracts. the Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.
Effective date note
Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”
2021
American Rescue Plan Act of 2021
Pub. L. 117–2 § 2901(a) · 135 Stat. 4
1. Substituted · 45 U.S.C. § 352(a)(5)(A)
  Pub. L. 117–2, § 2901(a), substituted “September 6, 2021” for “March 14, 2021”
2. Substituted · 45 U.S.C. § 352(a)(5)(A)
  Pub. L. 117–2, § 2901(a), substituted “July 1, 2020, or July 1, 2021” for “or July 1, 2020”
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 117–2, § 2901(a), substituted “September 6, 2021” for “March 14, 2021”, in two places and “July 1, 2020, or July 1, 2021” for “or July 1, 2020”.
Enacted provision · exact public law section
(a) In General.— Section 2(a)(5)(A) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is amended— (1) in the first sentence— (A) by striking “March 14, 2021” and inserting “September 6, 2021”; (B) by striking “or July 1, 2020” and inserting “July 1, 2020, or July 1, 2021”; and (2) in the fourth sentence, by striking “March 14, 2021” and inserting “September 6, 2021”.
2021
American Rescue Plan Act of 2021
Pub. L. 117–2 § 2902(a)(1)(A) · 135 Stat. 4
Substituted · 45 U.S.C. § 352(c)(2)(D)(i)(I)
Pub. L. 117–2, § 2902(a)(1)(A), substituted “330 days” for “185 days”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(i)(I). Pub. L. 117–2, § 2902(a)(1)(A), substituted “330 days” for “185 days”.
Enacted provision · exact public law section
(A) in subclause (I), by striking “185 days” and inserting “330 days”;
2021
American Rescue Plan Act of 2021
Pub. L. 117–2 § 2902(a)(1)(B) · 135 Stat. 4
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(i)(II)
  Pub. L. 117–2, § 2902(a)(1)(B), substituted “33 consecutive 14-day periods” for “19 consecutive 14-day periods”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(i)(II)
  Pub. L. 117–2, § 2902(a)(1)(B), substituted “20 consecutive 14-day periods” for “6 consecutive 14-day periods”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(i)(II). Pub. L. 117–2, § 2902(a)(1)(B), substituted “33 consecutive 14-day periods” for “19 consecutive 14-day periods” and “20 consecutive 14-day periods” for “6 consecutive 14-day periods”.
Enacted provision · exact public law section
(B) in subclause (II), (i) by striking “19 consecutive 14-day periods” and inserting “33 consecutive 14-day periods”; and (ii) by striking “6 consecutive 14-day periods” and inserting “20 consecutive 14-day periods”;
2021
American Rescue Plan Act of 2021
Pub. L. 117–2 § 2902(a)(2)(A) · 135 Stat. 4
Substituted · 45 U.S.C. § 352(c)(2)(D)(ii)(A)
Pub. L. 117–2, § 2902(a)(2)(A), substituted “265 days of unemployment” for “120 days of unemployment”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(ii)(A). Pub. L. 117–2, § 2902(a)(2)(A), substituted “265 days of unemployment” for “120 days of unemployment”.
Enacted provision · exact public law section
(A) by striking “120 days of unemployment” and inserting “265 days of unemployment”;
2021
American Rescue Plan Act of 2021
Pub. L. 117–2 § 2902(a)(2)(B) · 135 Stat. 4
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(ii)(B)
  Pub. L. 117–2, § 2902(a)(2)(B), (C), substituted “27 consecutive 14-day periods” for “12 consecutive 14-day periods”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(ii)(B)
  Pub. L. 117–2, § 2902(a)(2)(B), (C), substituted “20 consecutive 14-day periods” for “6 consecutive 14-day periods”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(ii)(B). Pub. L. 117–2, § 2902(a)(2)(B), (C), substituted “27 consecutive 14-day periods” for “12 consecutive 14-day periods” and “20 consecutive 14-day periods” for “6 consecutive 14-day periods”.
Enacted provision · exact public law section
(B) by striking “12 consecutive 14-day periods” and inserting “27 consecutive 14-day periods”; and
2021
American Rescue Plan Act of 2021
Pub. L. 117–2 § 2902(a)(3) · 135 Stat. 4
1. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 117–2, § 2902(a)(3), substituted “June 30, 2022” for “June 30, 2021”
2. Substituted · 45 U.S.C. § 352(c)(2)(D)(iii)
  Pub. L. 117–2, § 2902(a)(3), substituted “the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period beginning after September 6, 2021.” for “the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(iii). Pub. L. 117–2, § 2902(a)(3), substituted “June 30, 2022” for “June 30, 2021” and “the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period beginning after September 6, 2021.” for “the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.”
Enacted provision · exact public law section
(3) in clause (iii)— (A) by striking “June 30, 2021” and inserting “June 30, 2022”; and (B) by striking “the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.” and inserting “the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period beginning after September 6, 2021.”; and
2021
American Rescue Plan Act of 2021
Pub. L. 117–2 § 2902(a)(4) · 135 Stat. 4
Inserted · 45 U.S.C. § 352(c)(2)(D)(v)
Pub. L. 117–2, § 2902(a)(4), inserted at end “In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treasury not otherwise appropriated, there are appropriated $2,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”
Source evidence
Code amendment note
Subsec. (c)(2)(D)(v). Pub. L. 117–2, § 2902(a)(4), inserted at end “In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treasury not otherwise appropriated, there are appropriated $2,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”
Enacted provision · exact public law section
(4) in clause (v), by adding at the end the following: “In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treasury not otherwise appropriated, there are appropriated $2,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”.

80 of 99 references resolved to an enrolled provision · 19 unresolved

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(5)(A), (c)(2)(D)(iii), and (d), was in the original “this Act”, meaning act June 25, 1938, ch. 680, 52 Stat. 1094, which enacted this chapter and amended sections 503 and 1104 and former section 1107 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 367 of this title and Tables.

The date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 and the date of such enactment, referred to in subsec. (c)(2)(D)(i)(II), (ii)(B), (iv), is the date of enactment of chapter 1 (§ 201 et seq.) of subtitle A of title II of div. N of Pub. L. 116–260, which was approved Dec. 27, 2020. Chapter 1 included subchapter III (§ 231 et seq.), known as the Continued Assistance to Rail Workers Act of 2020, which, as part of chapter 1, was also approved Dec. 27, 2020.

Amendments1939–2021 · 22 rounds

2021

Subsec. (a)(5)(A). Pub. L. 117–2, § 2901(a), substituted “September 6, 2021” for “March 14, 2021”, in two places and “July 1, 2020, or July 1, 2021” for “or July 1, 2020”.

Subsec. (c)(2)(D)(i)(I). Pub. L. 117–2, § 2902(a)(1)(A), substituted “330 days” for “185 days”.

Subsec. (c)(2)(D)(i)(II). Pub. L. 117–2, § 2902(a)(1)(B), substituted “33 consecutive 14-day periods” for “19 consecutive 14-day periods” and “20 consecutive 14-day periods” for “6 consecutive 14-day periods”.

Subsec. (c)(2)(D)(ii)(A). Pub. L. 117–2, § 2902(a)(2)(A), substituted “265 days of unemployment” for “120 days of unemployment”.

Subsec. (c)(2)(D)(ii)(B). Pub. L. 117–2, § 2902(a)(2)(B), (C), substituted “27 consecutive 14-day periods” for “12 consecutive 14-day periods” and “20 consecutive 14-day periods” for “6 consecutive 14-day periods”.

Subsec. (c)(2)(D)(iii). Pub. L. 117–2, § 2902(a)(3), substituted “June 30, 2022” for “June 30, 2021” and “the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period beginning after September 6, 2021.” for “the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.”

Subsec. (c)(2)(D)(v). Pub. L. 117–2, § 2902(a)(4), inserted at end “In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treasury not otherwise appropriated, there are appropriated $2,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”

2020

Subsec. (a)(5). Pub. L. 116–136, § 2113, added par. (5).

Subsec. (a)(5)(A). Pub. L. 116–260, § 232(a), inserted “and for registration periods beginning after December 26, 2020, but on or before March 14, 2021,” after “July 31, 2020,”, substituted “a recovery benefit” for “a recovery benefit in the amount of $1,200” and “July 1, 2019, or July 1, 2020” for “July 1, 2019”, and inserted at end “For registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods beginning after December 26, 2020, but on or before March 14, 2021, the recovery benefit payable under this subparagraph shall be in the amount of $600.”

Subsec. (c)(2)(D)(i)(I). Pub. L. 116–260, § 233(a)(1)(A), substituted “185 days” for “130 days”.

Subsec. (c)(2)(D)(i)(II). Pub. L. 116–260, § 233(a)(1)(B), substituted “19 consecutive 14-day periods, except that no extended benefit period shall end before 6 consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 have elapsed” for “13 consecutive 14-day periods”.

Subsec. (c)(2)(D)(ii). Pub. L. 116–260, § 233(a)(2), in introductory provisions, substituted “if such clause had not been enacted and if—” for “if such clause had not been enacted.”, and added subcls. (A) and (B).

Subsec. (c)(2)(D)(iii). Pub. L. 116–260, § 233(a)(3), substituted “June 30, 2021” for “June 30, 2020”, “except that the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.” for “except that no extended benefit period under this paragraph shall begin after December 31, 2020”, and “clause (v)” for “clause (iv)”.

Pub. L. 116–136, § 2114(a), substituted “July 1, 2019” for “July 1, 2008”, “June 30, 2020” for “June 30, 2013”, and “December 31, 2020” for “December 31, 2013”.

Subsec. (c)(2)(D)(iv), (v). Pub. L. 116–260, § 233(a)(4), (5), added cl. (iv) and redesignated former cl. (iv) as (v).

2013

Subsec. (c)(2)(D)(iii). Pub. L. 112–240 substituted “June 30, 2013” for “June 30, 2012” and “December 31, 2013” for “December 31, 2012”.

2012

Subsec. (c)(2)(D)(iii). Pub. L. 112–96 substituted “June 30, 2012” for “August 31, 2011” and “December 31, 2012” for “February 29, 2012”.

2011

Subsec. (c)(2)(D)(iii). Pub. L. 112–78 substituted “August 31, 2011” for “June 30, 2011” and “February 29, 2012” for “December 31, 2011”.

2010

Subsec. (c)(2)(D)(iii). Pub. L. 111–312 substituted “June 30, 2011” for “June 30, 2010” and “December 31, 2011” for “December 31, 2010”.

2009

Subsec. (c)(2)(D). Pub. L. 111–5 added subpar. (D).

Subsec. (c)(2)(D)(iii). Pub. L. 111–92, § 9(a)(1), substituted “June 30, 2010” for “June 30, 2009” and “December 31, 2010” for “December 31, 2009”.

Subsec. (c)(2)(D)(iv). Pub. L. 111–92, § 9(a)(2), inserted at end “In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”

1996

Subsec. (a)(1)(A). Pub. L. 104–251, § 2, inserted heading and amended text generally. Prior to 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, § 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, § 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, § 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, § 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, § 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, § 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, § 7201(a)(7), added par. (3).

Subsec. (a)(4). Pub. L. 100–647, § 7201(a)(8), inserted “(4)” before “In computing benefits”.

Subsec. (c). Pub. L. 100–647, § 7101(c), substituted “shall be taken into account that is not in excess of $775 in any month before 1989 and, in any month in a base year after 1988, is not in excess of an amount that bears the same ratio to $775 as the monthly 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, § 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, § 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, § 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, § 1(e), added subsec. (h).

1974

Subsec. (c). Pub. L. 93–445, § 401(a), substituted “ten or more years of service as defined in section 231(f) of this title” for “ten or more years of service as 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, § 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, § 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, § 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, § 202(a), struck out daily benefit rate of $4.50 for the compensation range of $500 to $699.99 from the table, and substituted “750” for “700” in Column I.

Subsec. (g). Pub. L. 89–700, § 202(b), amended subsec. (g) generally, and among other changes, provided that if there is no individual to whom accrued benefits can be paid, such benefits or parts thereof shall escheat to the credit of the account.

1959

Subsec. (a). Pub. L. 86–28, § 302, substituted “for each day of unemployment in excess of four during any registration period, and” for “for each day of 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, § 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, § 304(a), changed the table of daily benefit rates and qualifying amounts of earnings in the base year so that such rates and amounts will begin with $3.50 and $4.00, respectively, to a maximum of $8.50 for $4,000 and over, and inserted proviso immediately after the table.

Subsec. (c). Act Aug. 31, 1954, § 304(b), inserted proviso at end.

1952

Subsec. (a). Act May 15, 1952, substituted a new table of daily benefit rates.

1946

Subsec. (a). Act July 31, 1946, § 305, changed first and second pars. to include benefits for days of 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, § 306, increased maximum days of unemployment to 130 and established same maximum for days of sickness.

Subsec. (f). Act July 31, 1946, § 307, inserted references to sickness.

1940

Subsec. (a). Act Oct. 10, 1940, § 9, designated 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, § 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, § 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, § 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, § 7, struck out exception relating to part-time workers.

Subsec. (d). Act June 20, 1939, §§ 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, § 9, redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Act June 20, 1939, § 9, redesignated subsec (g) as (f) and struck out reference to subsec. (a). Former subsec. (f) redesignated (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260, div. N, title II, § 233(b), Dec. 27, 2020, 134 Stat. 1958, provided that: “The amendments made by subsection (a) [amending this section] shall apply as if included in the enactment of the CARES Act [Pub. L. 116–136] (15 U.S.C. 9001 et seq.).”

Effective Date of 1996 Amendment

Pub. L. 104–251, § 6, Oct. 9, 1996, 110 Stat. 3165, provided that: “The amendments made by this Act [amending this section and repealing section 368 of this title] shall take effect on the date of the enactment of this Act [Oct. 9, 1996].”

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Effective Date of 1988 Amendment

Pub. L. 100–647, title VII, § 7201(b), Nov. 10, 1988, 102 Stat. 3776, provided that:

“(1)
Except as provided in paragraph (2), the 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

Pub. L. 98–76, title IV, § 412(b), Aug. 12, 1983, 97 Stat. 436, 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

Pub. L. 90–257, title II, § 208, Feb. 15, 1968, 82 Stat. 25, provided that: “The amendments made by sections 201(a)(1), 201(b), 202(a)(1), 202(a)(2), 202(b)(1), 206 and 207 [amending this section and sections 351, 362, and 363 of this title] shall be effective as of July 1, 1968. The amendments made by sections 201(a)(2) and 203 [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

Act Aug. 12, 1955, ch. 869, § 4, 69 Stat. 716, provided that the amendment made by section 4 is effective as of the date of its “original enactment” [June 25, 1938].

Effective Date of 1954 Amendment

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

Effective Date of 1952 Amendment

Act May 15, 1952, ch. 290, § 3, 66 Stat. 73, provided that: “The amendments made by this Act [amending this section and section 353 of this title] shall be effective with respect to benefit years beginning on and after July 1, 1952.”

Effective Date of 1946 Amendment

Amendment by section 306 of act July 31, 1946, effective July 1, 1946, see section 402 of that Act.

Act July 31, 1946, ch. 709, § 403, 60 Stat. 742, provided that: “Sections 301, 302, 303, 304, 305 (except for the 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.

Clarification on Authority To Use Funds

Pub. L. 117–2, title II, § 2901(b), Mar. 11, 2021, 135 Stat. 49, provided that: “Funds appropriated under subparagraph (B) of section 2(a)(5) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be available to cover the cost of recovery benefits provided under such section 2(a)(5) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(a)(5) as in effect on the day before the date of enactment of this Act [Mar. 11, 2021].”

Pub. L. 117–2, title II, § 2902(b), Mar. 11, 2021, 135 Stat. 50, provided that: “Funds appropriated under the first, second, or third sentence of clause (v) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act [45 U.S.C. 352(c)(2)(D)] shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day before the date of enactment of this Act [Mar. 11, 2021].”

Pub. L. 116–260, div. N, title II, § 232(b), Dec. 27, 2020, 134 Stat. 1957, provided that: “Funds appropriated under subparagraph (B) of section 2(a)(5) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be available to cover the cost of recovery benefits provided under such section 2(a)(5) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(a)(5) as in effect on the day before the date of enactment of this Act [Dec. 27, 2020].”

Pub. L. 116–260, div. N, title II, § 233(c), Dec. 27, 2020, 134 Stat. 1958, provided that: “Funds appropriated under either the first or second sentence of clause (v) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act [45 U.S.C. 352(c)(2)(D)] (as redesignated by subsection (a)(4)) shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day before the date of enactment of this Act [Dec. 27, 2020].”

Pub. L. 116–136, div. A, title II, § 2114(b), Mar. 27, 2020, 134 Stat. 334, provided that: “Funds appropriated under either the first or second sentence of clause (iv) [now (v)] of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act [45 U.S.C. 352(c)(2)(D)(v)] shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day before the date of enactment of this Act [Mar. 27, 2020].”

Extended Unemployment Benefits and Administrative Expenses

Pub. L. 112–240, title V, § 504(b), (c), Jan. 2, 2013, 126 Stat. 2345, provided that:

“(b)
Clarification on Authority to Use Funds.—
Funds appropriated under either the first or second sentence of clause (iv) [now (v)] of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act [45 U.S.C. 352(c)(2)(D)(v)] shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) [amending this section] as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act [Jan. 2, 2013].
#
“(c)
Funding for Administration.—
Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $250,000 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended.”
#

Extended Railroad Unemployment Insurance Benefits During Periods of High National Unemployment

Pub. L. 102–164, title V, § 501, Nov. 15, 1991, 105 Stat. 1064, as amended by Pub. L. 102–182, § 3(a)(6), (7), Dec. 4, 1991, 105 Stat. 1234; Pub. L. 102–244, § 5, Feb. 7, 1992, 106 Stat. 5; Pub. L. 102–318, title I, § 105, July 3, 1992, 106 Stat. 293; Pub. L. 103–6, § 3(a), (b), Mar. 4, 1993, 107 Stat. 33; Pub. L. 103–152, §§ 8, 9(b), Nov. 24, 1993, 107 Stat. 1519, provided that:

“(a)
In General.—
For purposes of section 2(h) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(h)(2)), a ‘period of high unemployment’ includes any month during the period November 1991 through 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.”
#

[Pub. L. 103–6, § 3(c), Mar. 4, 1993, 107 Stat. 33, 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

Pub. L. 100–647, title VII, § 7107, Nov. 10, 1988, 102 Stat. 3774, provided that:

“The Comptroller General shall study the frequency of fraud and payment errors in the railroad unemployment compensation program. Not later than 1 year after the date of the enactment of this Act [Nov. 10, 1988], the Comptroller General shall report to Congress the results of such study. Such report shall include—
“(1)
estimates of rates and amounts of annual losses due to fraud and overpayment;
#
“(2)
comparisons of such rates with the rates of losses in other Federal programs which experience such losses;
#
“(3)
recommendations for legislative measures that could be taken to reduce the losses in the railroad 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

Pub. L. 86–28, pt. III, § 303(b), May 19, 1959, 73 Stat. 31, provided that: “An employee who has less than ten years of service as defined in section 1(f) of the 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

Pub. L. 86–28, pt. III, § 303(c), May 19, 1959, 73 Stat. 31, provided that: “The Secretary of Labor, upon request shall furnish the Board information deemed necessary by the Board for the administration of the provisions of subsection (b) hereof [set out above], and the Board, upon request, shall furnish the Secretary of Labor 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].”

Credits

1938–2021 · 25 acts

1938June 25, 1938, ch. 680, § 2, 52 Stat. 1096
1939June 20, 1939, ch. 227, §§ 7–9, 21, 53 Stat. 845, 848
1940Oct. 10, 1940, ch. 842, §§ 9–12, 54 Stat. 1095, 1096
1946July 31, 1946, ch. 709, §§ 305–307, 60 Stat. 736, 737
1952May 15, 1952, ch. 290, § 1, 66 Stat. 73
1954Aug. 31, 1954, ch. 1164, pt. III, § 304, 68 Stat. 1041
1955Aug. 12, 1955, ch. 869, § 4, 69 Stat. 716
1959Pub. L. 86–28, pt. III, §§ 302, 303(a), May 19, 1959, 73 Stat. 30
1966Pub. L. 89–700, title II, § 202, Oct. 30, 1966, 80 Stat. 1087
1968Pub. L. 90–257, title II, § 202, Feb. 15, 1968, 82 Stat. 23
1974Pub. L. 93–445, title IV, § 401, Oct. 16, 1974, 88 Stat. 1359
1975Pub. L. 94–92, title I, § 1(c)–(e), Aug. 9, 1975, 89 Stat. 461, 462
1983Pub. L. 98–76, title IV, § 412(a), Aug. 12, 1983, 97 Stat. 436
1988Pub. L. 100–647, title VII, §§ 7101(c), 7201(a), Nov. 10, 1988, 102 Stat. 3758, 3774
1995Pub. L. 104–88, title III, § 324(3), Dec. 29, 1995, 109 Stat. 950
1996Pub. L. 104–251, §§ 2–5(b), Oct. 9, 1996, 110 Stat. 3161–3165
2009Pub. L. 111–5, div. B, title II, § 2006(a), Feb. 17, 2009, 123 Stat. 445
2009Pub. L. 111–92, § 9(a), Nov. 6, 2009, 123 Stat. 2988
2010Pub. L. 111–312, title V, § 505(a), Dec. 17, 2010, 124 Stat. 3308
2011Pub. L. 112–78, title II, § 202(a), Dec. 23, 2011, 125 Stat. 1283
2012Pub. L. 112–96, title II, § 2124(a), Feb. 22, 2012, 126 Stat. 167
2013Pub. L. 112–240, title V, § 504(a), Jan. 2, 2013, 126 Stat. 2344
2020Pub. L. 116–136, div. A, title II, §§ 2113, 2114(a), Mar. 27, 2020, 134 Stat. 334
2020Pub. L. 116–260, div. N, title II, §§ 232(a), 233(a), Dec. 27, 2020, 134 Stat. 1957
2021Pub. L. 117–2, title II, §§ 2901(a), 2902(a), Mar. 11, 2021, 135 Stat. 49.

Show as published

(June 25, 1938, ch. 680, § 2, 52 Stat. 1096; June 20, 1939, ch. 227, §§ 7–9, 21, 53 Stat. 845, 848; Oct. 10, 1940, ch. 842, §§ 9–12, 54 Stat. 1095, 1096; July 31, 1946, ch. 709, §§ 305–307, 60 Stat. 736, 737; May 15, 1952, ch. 290, § 1, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt. III, § 304, 68 Stat. 1041; Aug. 12, 1955, ch. 869, § 4, 69 Stat. 716; Pub. L. 86–28, pt. III, §§ 302, 303(a), May 19, 1959, 73 Stat. 30; Pub. L. 89–700, title II, § 202, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90–257, title II, § 202, Feb. 15, 1968, 82 Stat. 23; Pub. L. 93–445, title IV, § 401, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 94–92, title I, § 1(c)–(e), Aug. 9, 1975, 89 Stat. 461, 462; Pub. L. 98–76, title IV, § 412(a), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100–647, title VII, §§ 7101(c), 7201(a), Nov. 10, 1988, 102 Stat. 3758, 3774; Pub. L. 104–88, title III, § 324(3), Dec. 29, 1995, 109 Stat. 950; Pub. L. 104–251, §§ 2–5(b), Oct. 9, 1996, 110 Stat. 3161–3165; Pub. L. 111–5, div. B, title II, § 2006(a), Feb. 17, 2009, 123 Stat. 445; Pub. L. 111–92, § 9(a), Nov. 6, 2009, 123 Stat. 2988; Pub. L. 111–312, title V, § 505(a), Dec. 17, 2010, 124 Stat. 3308; Pub. L. 112–78, title II, § 202(a), Dec. 23, 2011, 125 Stat. 1283; Pub. L. 112–96, title II, § 2124(a), Feb. 22, 2012, 126 Stat. 167; Pub. L. 112–240, title V, § 504(a), Jan. 2, 2013, 126 Stat. 2344; Pub. L. 116–136, div. A, title II, §§ 2113, 2114(a), Mar. 27, 2020, 134 Stat. 334; Pub. L. 116–260, div. N, title II, §§ 232(a), 233(a), Dec. 27, 2020, 134 Stat. 1957; Pub. L. 117–2, title II, §§ 2901(a), 2902(a), Mar. 11, 2021, 135 Stat. 49.)