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Title 45 — Railroads

Chapter 11 — Railroad Unemployment Insurance

§ 353. Qualifying condition

Statutory text

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

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.

  1. Pub. L. 75–680 § 3 · 52 Stat. 1094

    Enacted · 45 U.S.C. § 353

    June 25, 1938, ch. 680, § 3, 52 Stat. 1097

    Source evidence

    Code source credit
    June 25, 1938, ch. 680, § 3, 52 Stat. 1097

    Enacted provision · exact public law section
    Sec. 3. qualifying conditions An employee shall be qualified to receive benefits in accordance Qualifying conditions. with section 2 of this Act only if the Board finds that— (a) There was payable to him compensation of not less than $150 Minimum base year pay. with respect to employment during his base year; and (b) Within six months prior to his benefit year and after June 15, Waiting period. 1939, he has had a waiting period of at least fifteen consecutive days of unemployment, or two half-months during each of which he had at. least eight days of unemployment. No such period shall be counted for the purposes of this subsection if unemployment benefits have been paid with respect to the whole or any part thereof under this Act, any other Act of Congress, or under any other unemployment compensation law.

  2. Public Law not identified

    Substituted · 45 U.S.C. § 353(b)

    Subsec. (b). Act June 20, 1939, substituted provisions relating to half-months as the waiting period, for provisions relating to fifteen consecutive days of unemployment or two half months

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act June 20, 1939, substituted provisions relating to half-months as the waiting period, for provisions relating to fifteen consecutive days of unemployment or two half months.

  3. Pub. L. 86–28 · 73 Stat. 25

    Substituted · 45 U.S.C. § 353

    Pub. L. 86–28 substituted “$500” for “$400”

    Source evidence

    Code amendment note
    Pub. L. 86–28 substituted “$500” for “$400”.

  4. Pub. L. 88–133 title III § 301(a) · 77 Stat. 219

    Changed · 45 U.S.C. § 353

    Pub. L. 88–133 increased from $500 to $750 the amount of compensation in a base year required to qualify for benefits and provided that if employee has had no compensation prior to such year he will have had compensation with respect to each of not less than 7 months in such year

    Source evidence

    Code amendment note
    Pub. L. 88–133 increased from $500 to $750 the amount of compensation in a base year required to qualify for benefits and provided that if employee has had no compensation prior to such year he will have had compensation with respect to each of not less than 7 months in such year.

    Enacted provision · exact public law section
    (a) Section 3 of the Railroad Unemployment Insurance Act is amended to read as follows: “Sec. 3. “Qualifying Condition An employee shall be a ‘qualified employee’ if the Board finds that his compensation will have been not less than $750 with respect to the base year, and, if such employee has had no compensation prior to such year, that he will have had compensation with respect to each of not less than seven months in such year.”

  5. Pub. L. 90–257 title II § 203 · 82 Stat. 16

    Substituted · 45 U.S.C. § 353

    Pub. L. 90–257 substituted “$1,000” for “$750”

    Source evidence

    Code amendment note
    Pub. L. 90–257 substituted “$1,000” for “$750”.

    Enacted provision · exact public law section
    Sec. 203. Section 3 of the Railroad Unemployment Insurance Act is amended by striking out “$750” and inserting in be n thereof “$1,000”.

  6. Pub. L. 94–92 title I § 1(f) · 89 Stat. 461

    Substituted · 45 U.S.C. § 353

    Pub. L. 94–92 substituted “five” for “seven” months

    Source evidence

    Code amendment note
    Pub. L. 94–92 substituted “five” for “seven” months.

    Enacted provision · exact public law section
    (f) Section 3 of such Act is amended by striking out “seven” and 45 USC 353. inserting in lieu thereof “five”.

  7. Railroad Retirement Solvency Act of 1983

    Pub. L. 98–76 title IV § 411(a)(2) · 97 Stat. 411

    Substituted · 45 U.S.C. § 353

    Pub. L. 98–76 substituted “$1,500” for “$1,000”

    Source evidence

    Code amendment note
    Pub. L. 98–76 substituted “$1,500” for “$1,000”.

    Enacted provision · exact public law section
    (2) Section 3 of such Act is amended by striking out “$1,000” and inserting in lieu thereof “$1,500”.

  8. Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 title VII § 7202(a) · 102 Stat. 3342

    1. Inserted · 45 U.S.C. § 353

      Pub. L. 100–647 inserted “with respect to the base year” after “his compensation”

    2. Substituted · 45 U.S.C. § 353

      Pub. L. 100–647 substituted “2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title” for “$1,500 with respect to the base year”

    Source evidence

    Code amendment note
    Pub. L. 100–647 inserted “with respect to the base year” after “his compensation” and substituted “2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title” for “$1,500 with respect to the base year”.

    Enacted provision · exact public law section
    (a) In General.— Section 3 is amended— (1) by inserting “with respect to the base year” after “his compensation”; and (2) by striking “$1,500 with respect to the base year” and inserting in lieu thereof “2.5 times the monthly compensation base for months in such base year as computed under section 1(i) of this Act”.

    Effective date note
    Pub. L. 100–647, title VII, § 7202(b), Nov. 10, 1988, 102 Stat. 3776, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Nov. 10, 1988].”

7 of 9 references resolved to an enrolled provision · 1 partial · 1 unresolved

Editorial Notes

Amendments1939–1988 · 11 rounds

1988

Pub. L. 100–647 inserted “with respect to the base year” after “his compensation” and substituted “2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title” for “$1,500 with respect to the base year”.

1983

Pub. L. 98–76 substituted “$1,500” for “$1,000”.

1975

Pub. L. 94–92 substituted “five” for “seven” months.

1968

Pub. L. 90–257 substituted “$1,000” for “$750”.

1963

Pub. L. 88–133 increased from $500 to $750 the amount of compensation in a base year required to qualify for benefits and provided that if employee has had no compensation prior to such year he will have had compensation with respect to each of not less than 7 months in such year.

1959

Pub. L. 86–28 substituted “$500” for “$400”.

1954

Act , substituted “$400” for “$300”.

1952

Act , substituted “$300” for “$150” to conform to the new table of daily benefit rates as set out in section 352 of this title.

1946

Act , changed section to relate to compensation paid instead of compensation earned during a year.

1940

Act , reorganized structure by striking out designations for subsecs. “(a)” and “(b)” and, as so restructured, provisions of former subsec. (a) became entire section and defined “qualified employee” and provisions of former subsec. (b), which related to the employee’s waiting period, were omitted.

1939

Subsec. (b). Act , substituted provisions relating to half-months as the waiting period, for provisions relating to fifteen consecutive days of unemployment or two half months.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–647, title VII, § 7202(b), , 102 Stat. 3776, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [].”

Effective Date of 1983 Amendment

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

Effective Date of 1975 Amendment

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

Effective Date of 1968 Amendment

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

Effective Date of 1963 Amendment

Pub. L. 88–133, title III, § 301(b), , 77 Stat. 222, provided that: “The amendment made by subsection (a) [amending this section] shall be fully effective with respect to base years after 1963. With respect to the base year 1963, they shall be applicable only to an employee concerning whom the Railroad Retirement Board finds that his compensation in that portion of the calendar year 1963 preceding the first day of the calendar month next following the month of enactment of this Act [October 1963] will have been less than $500.”

Effective Date of 1959 Amendment

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

Effective Date of 1954 Amendment

Amendment by act , effective , see section 401 of act , set out as a note under section 351 of this title.

Effective Date of 1952 Amendment

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

Effective Date of 1946 Amendment

Amendment by act , effective , see section 403 of act , set out as a note under section 352 of this title.

Effective Date of 1940 Amendment

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

Credits

1938–1988 · 12 acts
  1. 1938June 25, 1938, ch. 680, § 3, 52 Stat. 1097
  2. 1939June 20, 1939, ch. 227, § 10, 53 Stat. 845
  3. 1940Oct. 10, 1940, ch. 842, § 13, 54 Stat. 1097
  4. 1946July 31, 1946, ch. 709, § 308, 60 Stat. 737
  5. 1952May 15, 1952, ch. 290, § 2, 66 Stat. 73
  6. 1954Aug. 31, 1954, ch. 1164, pt. III, § 303, 68 Stat. 1041
  7. 1959Pub. L. 86–28, pt. III, § 304, , 73 Stat. 31
  8. 1963Pub. L. 88–133, title III, § 301(a), , 77 Stat. 222
  9. 1968Pub. L. 90–257, title II, § 203, , 82 Stat. 24
  10. 1975Pub. L. 94–92, title I, § 1(f), , 89 Stat. 463
  11. 1983Pub. L. 98–76, title IV, § 411(a)(2), , 97 Stat. 436
  12. 1988Pub. L. 100–647, title VII, § 7202(a), , 102 Stat. 3776.
Show as published

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

Parsed from the official OLRC USLM XML in data/usc_all/usc45.xml · release point 119-108 · OLRC build 2024-06-14

USLM identifier /us/usc/t45/s353