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.
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. 1097Enacted 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.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.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”.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.”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”.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”.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”.Railroad Unemployment Insurance and Retirement Improvement Act of 1988
Pub. L. 100–647 title VII § 7202(a) · 102 Stat. 3342
Inserted · 45 U.S.C. § 353
Pub. L. 100–647 inserted “with respect to the base year” after “his compensation”
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
- 1938June 25, 1938, ch. 680, § 3, 52 Stat. 1097
- 1939June 20, 1939, ch. 227, § 10, 53 Stat. 845
- 1940Oct. 10, 1940, ch. 842, § 13, 54 Stat. 1097
- 1946July 31, 1946, ch. 709, § 308, 60 Stat. 737
- 1952May 15, 1952, ch. 290, § 2, 66 Stat. 73
- 1954Aug. 31, 1954, ch. 1164, pt. III, § 303, 68 Stat. 1041
- 1959Pub. L. 86–28, pt. III, § 304, , 73 Stat. 31
- 1963Pub. L. 88–133, title III, § 301(a), , 77 Stat. 222
- 1968Pub. L. 90–257, title II, § 203, , 82 Stat. 24
- 1975Pub. L. 94–92, title I, § 1(f), , 89 Stat. 463
- 1983Pub. L. 98–76, title IV, § 411(a)(2), , 97 Stat. 436
- 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.)