§ 355. Claims for benefits

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. 1938

   Pub. L. 75–680 § 5 · 52 Stat. 1094

   Enacted · 45 U.S.C. § 355

   June 25, 1938, ch. 680, § 5, 52 Stat. 1099

   Source evidence

   Code source credit
   June 25, 1938, ch. 680, § 5, 52 Stat. 1099

   Enacted provision · exact public law section
   Sec. 5. claims for benefits (a) Claims for benefits and appeals from determinations Claims for benefits and appeals from determinations; regulations governing. with respect thereto shall be made in accordance with such regulations as the Board shall prescribe. Each employer shall post and maintain, in places readily accessible to employees in his service, such printed statements concerning such regulations as the Board supplies to him for such purpose, and shall keep available to his employees copies of such printed statements. Such printed statements shall be supplied by the Board to each employer without cost to him. (b) Findings and decisions of Board. The Board is authorized and directed to make findings of fact with respect to any claim for benefits and to make decisions as to the right of any claimant to benefits. The Board is further authorized to hold such hearings, to conduct such investigations and other proceedings, and to establish, by regulations or otherwise, such procedures as it may deem necessary or proper for the determination of a right to benefits. (c) Hearings before district board when claims have been denied.Establishment of district boards; composition, etc. Each claimant whose claim for benefits has been denied upon an initial determination with respect thereto, shall be granted an opportunity for a fair hearing thereon before a district board. The Board shall establish such district boards as it may deem necessary to provide for such hearings. Each district board shall consist of three members, one of whom shall be a representative of the Board, who shall serve, as chairman, one of whom shall be appointed by the Board from recommendations made by representatives of employees, and one of whom shall be appointed by the Board from recommendations made by representatives of employers. Each of the latter two members shall not be subject to the civil-service laws or rules and shall be paid a per diem salary of such amount as the Board finds reasonable for each day of active service on such district board, plus Alternates. necessary expenses. The Board may designate an alternate for each member of a district board to serve in the absence or disqualification of such member. In no case shall a hearing before a district board proceed unless the chairman thereof is present. In the absence or disqualification of any other member and his alternate, the chairman shall act alone as the district board. (d) Regulations governing filing of cases, decisions, and reviews. The Board shall prescribe regulations governing the filing of cases with and the decision of cases by district boards, and the review Intermediate reviews. of such decisions. The Board may provide, for intermediate reviews of such decisions by such bodies as the Board may establish or assign thereto. The Board may (i) on its own motion review a decision of a district board or of an intermediate reviewing body on the basis of the evidence previously submitted in such case, and may direct the taking of additional evidence, or (ii) pennit such parties as it finds properly interested in the proceedings to take appeals to the Appeals. Board. Unless a review or an appeal is had pursuant to this subsection, the decision of a district board or of an intermediate reviewing body shall, subject to such regulations as the Board may prescribe, be deemed to be the final decision of the Board. (e) Rules of evidence; record of proceedings, etc. In any proceeding other than a court proceeding, upon a claim for benefits, the rules of evidence prevailing in courts of law or equity shall not be controlling, but a full and complete record shall be kept of all proceedings and testimony, and the Board’s final determination allowing or denying benefits, together with its findings of fact and conclusions of law in connection therewith, shall be communicated to the claimant within fifteen days after the date of such final determination. (f) Appeal to district court from final decision of Board; procedure.48 Stat. 1185.45 U. S. C. § 151.Filing of petition for review. Any claimant, and any railway labor organization organized in accordance with the provisions of the Railway Labor Act, of which such claimant is a member, may, only after all administrative remedies within the. Board have been availed of and exhausted, obtain a review of any final decision of the Board with reference to a claim for benefits by filing a petition for review within ninety days after the mailing of notice of such decision to the claimant, or within such further time as the Board may allow, in the United States district court for the judicial district in which the claimant resides, or in the United States District Court for the District of Columbia. A copy of such petition, together with initial process, shall forthwith be served upon the Board or any officer designated by it for such purpose, Service may be made upon the Board by registered mail addressed to the Chairman. Within fifteen days after receipt of service, or within such additional time as the court may allow, the Board shall certify and file with the court in which such petition has been filed a transcript of the record upon which the findings and decision complained of are based. Upon such filing the court shall have exclusive jurisdiction of the proceeding and of the question determined therein, and shall give precedence in the adjudication thereof over all other civil cases not otherwise entitled by law to precedence. It shall have power to enter upon the pleadings and transcript of the record a decree affirming, modifying, or reversing the decision of the Board, with or without remanding the cause for rehearing. The findings of the Board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive. No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the Board, and the Board may, after hearing such additional evidence, modify its findings of fact and conclusions and file such additional or modified findings and conclusions with the court, and the Board shall file with the court a transcript of the additional record. The judgment and decree of the court shall be final, subject to review as in equity cases. An applicant for review of a final decision of the Board concerning Claimant not liable for costs; exception. a claim for benefits shall not be liable for costs, including costs of service, or costs of printing records, except that costs may be assessed by the court against such applicant if the court determines that the proceedings for such review have been instituted or continued without reasonable ground. (g) Findings of fact and conclusions of law of the Board in the Findings of fact and conclusions of law of Board, etc., conclusive; exception. determination of any claim for benefits or refund and the determination of the Board that the unexpended funds in the account are available for the payment of any claim for benefits or refund under this Act, shall be, except as provided in subsection (f) of this section, binding and conclusive for all purposes and upon all persons, including the Comptroller General and any other administrative or accounting officer, employee, or agent of the United States, and shall not be subject to review in any manner other than that set forth in subsection (f) of this section. (h) Except as may be otherwise prescribed by regulations of the Benefits payable before Board’s final decision. Board, benefits payable with respect to any period prior to the date of a final decision of the Board with respect to a claim therefor, shall be paid only after such final decision. (i) No claimant claiming benefits shall be charged fees of any Restriction on charging of fees by Board. kind by the Board, its employees or representatives, with respect to such claim. Any such claimant may be represented by counsel or Representation by counsel; limitation on fees. other duly authorized agent, in any proceeding before the Board or its representatives or a court, but no such counsel or agent shall either charge or receive for such services more than an amount approved by the Board or by the court before whom the proceedings of the Board are reviewed. Any person who violates any provision of this Penalty for violation. subsection shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year.

2. 1940

   Public Law not identified

   1. Substituted · 45 U.S.C. § 355(c)

      Subsec. (c). Act Oct. 10, 1940, substituted provisions relating to a fair hearing for each qualified employee for provisions relating to a fair hearing for each claimant

   2. Added · 45 U.S.C. § 355(c)

      Subsec. (c). Act Oct. 10, 1940, added paragraphs relating to review for claimants denied benefits on basis of not being a qualified employee or awarded benefits at an improper rate, payment of benefits to employees of noncomplying employers, and final decisions of Board

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

   Source evidence

   Code amendment note
   Subsec. (c). Act Oct. 10, 1940, substituted provisions relating to a fair hearing for each qualified employee for provisions relating to a fair hearing for each claimant, and added paragraphs relating to review for claimants denied benefits on basis of not being a qualified employee or awarded benefits at an improper rate, payment of benefits to employees of noncomplying employers, and final decisions of Board.

3. 1946

   Public Law not identified

   1. Struck · 45 U.S.C. § 355(c)

      Subsec. (c). Act July 31, 1946, § 311, struck out provisions for district boards, placing their functions in referees or such other reviewing bodies as Board may establish; changed third par. to allow Board to determine if a person or company is covered by this chapter regardless of whether or not benefit claims are pending;

   2. Added · 45 U.S.C. § 355(c)

      Subsec. (c). Act July 31, 1946, § 311, added last par

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

   Source evidence

   Code amendment note
   Subsec. (c). Act July 31, 1946, § 311, struck out provisions for district boards, placing their functions in referees or such other reviewing bodies as Board may establish; changed third par. to allow Board to determine if a person or company is covered by this chapter regardless of whether or not benefit claims are pending; and added last par.

4. 1946

   Public Law not identified

   Changed · 45 U.S.C. § 355(d)

   Subsec. (d). Act July 31, 1946, § 312, changed references to district boards to refer to reviewing bodies

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

   Source evidence

   Code amendment note
   Subsec. (d). Act July 31, 1946, § 312, changed references to district boards to refer to reviewing bodies.

5. 1946

   Public Law not identified

   Struck · 45 U.S.C. § 355(e)

   Subsec. (e). Act July 31, 1946, § 313, struck out provisions restricting subsection to proceedings on a claim for benefits

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

   Source evidence

   Code amendment note
   Subsec. (e). Act July 31, 1946, § 313, struck out provisions restricting subsection to proceedings on a claim for benefits.

6. 1946

   Public Law not identified

   Changed · 45 U.S.C. § 355(f)

   Subsec. (f). Act July 31, 1946, § 314, changed first sentence to provide for review by circuit courts of appeals instead of district courts

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

   Source evidence

   Code amendment note
   Subsec. (f). Act July 31, 1946, § 314, changed first sentence to provide for review by circuit courts of appeals instead of district courts.

7. 1946

   Public Law not identified

   Inserted · 45 U.S.C. § 355(g)

   Subsec. (g). Act July 31, 1946, § 315, inserted reference to determination of any other matter pursuant to subsec. (c) of this section

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

   Source evidence

   Code amendment note
   Subsec. (g). Act July 31, 1946, § 315, inserted reference to determination of any other matter pursuant to subsec. (c) of this section.

8. 1946

   Public Law not identified

   Changed · 45 U.S.C. § 355(i)

   Subsec. (i). Act July 31, 1946, § 316, extended provisions to other properly interested persons besides a claimant

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

   Source evidence

   Code amendment note
   Subsec. (i). Act July 31, 1946, § 316, extended provisions to other properly interested persons besides a claimant.

9. 1958

   Pub. L. 85–791 § 23 · 72 Stat. 941

   1. Struck · 45 U.S.C. § 355(f)

      Pub. L. 85–791, in fourth sentence, struck out “certify and” after “shall” and “a transcript of” after “filed”

   2. Inserted · 45 U.S.C. § 355(f)

      Pub. L. 85–791, in fourth sentence, inserted “as provided in section 2112 of title 28”; in fifth sentence

   3. Substituted · 45 U.S.C. § 355(f)

      Pub. L. 85–791, in fourth sentence, substituted “the filing of such petition” for “such filing”; in sixth sentence

   4. Struck · 45 U.S.C. § 355(f)

      Pub. L. 85–791, in fourth sentence, struck out “upon the pleadings and transcript of the record,” after “enter”; and in eighth sentence struck out “a transcript of” before “the additional record”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 85–791, in fourth sentence, struck out “certify and” after “shall” and “a transcript of” after “filed”, and inserted “as provided in section 2112 of title 28”; in fifth sentence, substituted “the filing of such petition” for “such filing”; in sixth sentence, struck out “upon the pleadings and transcript of the record,” after “enter”; and in eighth sentence struck out “a transcript of” before “the additional record”.

   Enacted provision · exact public law section
   Sec. 23. The fourth, fifth, sixth, and eighth sentences of subsection Railroad Retirement. 60 Stat. 738. (f) of section 5 of the Railroad Unemployment Insurance Act, as amended (52 Stat. 1100), are amended to read as follows: “Within fifteen days after receipt of service, or within such additional time as the court may allow, the Board shall file with the court in which such petition has been filed the record upon which the findings and decision complained of are based, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition the court shall have exclusive jurisdiction of the proceeding and of the question determined therein, and shall give precedence in the adjudication thereof over all other civil cases not otherwise entitled by law to precedence. It shall have power to enter a decree affirming, modifying, or reversing the decision of the Board, with or without remanding the cause for rehearing. * * * No additional evi-dence shall be received by the court, but the court may order additional evidence to be taken before the Board, and the Board may, after hearing such additional evidence, modify its findings of fact and conclusions and file such additional or modified findings and conclusions with the court, and the Board shall file with the court the additional record.”

10. 1981

    Pub. L. 97–35 title XI § 1128(a) · 95 Stat. 357

    Substituted · 45 U.S.C. § 355(f)

    Pub. L. 97–35 substituted “Within thirty days” for “Within fifteen days”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 97–35 substituted “Within thirty days” for “Within fifteen days”.

    Enacted provision · exact public law section
    (a) Section 5(f) of the Railroad Unemployment Insurance Act is amended by striking out “fifteen” and by inserting in lieu 45 USC 355. thereof “thirty”.

11. 1984

    Pub. L. 98–620 title IV § 402(47) · 98 Stat. 3335

    Struck · 45 U.S.C. § 355(f)

    Pub. L. 98–620 struck out provision requiring court to give precedence in adjudication of petition over all other civil cases not otherwise entitled by law to precedence

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 98–620 struck out provision requiring court to give precedence in adjudication of petition over all other civil cases not otherwise entitled by law to precedence.

    Enacted provision · exact public law section
    (47) Section 5(f) of the Railroad Unemployment Insurance Act (45 U.S.C. 355(f)) is amended by striking out “, and shall be given precedence in the adjudication thereof over all other civil cases not otherwise entitled by law to precedence”.

12. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 § 7104(a) · 102 Stat. 3342

    Inserted · 45 U.S.C. § 355(b)

    Pub. L. 100–647, § 7104(a), inserted at end “When a claim for benefits is filed with the Board, the Board shall provide notice of such claim to the claimant’s base-year employer or employers and afford such employer or employers an opportunity to submit information relevant to the claim before making an initial determination on the claim. When the Board initially determines to pay benefits to a claimant under this chapter, the Board shall provide notice of such determination to the claimant’s base-year employer or employers.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–647, § 7104(a), inserted at end “When a claim for benefits is filed with the Board, the Board shall provide notice of such claim to the claimant’s base-year employer or employers and afford such employer or employers an opportunity to submit information relevant to the claim before making an initial determination on the claim. When the Board initially determines to pay benefits to a claimant under this chapter, the Board shall provide notice of such determination to the claimant’s base-year employer or employers.”

    Enacted provision · exact public law section
    (a) In Connection With Claim.— Section 5(b) is amended by 45 USC 355. adding at the end thereof the following: “When a claim for benefits is filed with the Board, the Board shall provide notice of such claim to the claimant’s base-year employer or employers and afford such employer or employers an opportunity to submit information relevant to the claim before making an initial determination on the claim. When the Board initially determines to pay benefits to a claimant under this Act, the Board shall provide notice of such determination to the claimant’s base-year employer or employers.”.

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

13. 1988

    Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 § 7401(b)(1) · 102 Stat. 3342

    1. Inserted · 45 U.S.C. § 355(c)(1)

       Pub. L. 100–647, § 7401(b)(1), (2), inserted “(1)” after “(c)”

    2. Inserted · 45 U.S.C. § 355(c)(1)

       Pub. L. 100–647, § 7401(b)(1), (2), inserted at end “In any such case the Board or the person or reviewing body so established or assigned shall, by publication or otherwise, notify all parties properly interested of their right to participate in the hearing and of the time and place of the hearing.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 100–647, § 7401(b)(1), (2), inserted “(1)” after “(c)” and inserted at end “In any such case the Board or the person or reviewing body so established or assigned shall, by publication or otherwise, notify all parties properly interested of their right to participate in the hearing and of the time and place of the hearing.”

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

14. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 § 7104(b)(3) · 102 Stat. 3342

    Inserted · 45 U.S.C. § 355(c)(2)

    Pub. L. 100–647, § 7104(b)(3), inserted “(2)” before “Any claimant whose claim”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 100–647, § 7104(b)(3), inserted “(2)” before “Any claimant whose claim”.

    Enacted provision · exact public law section
    (3) by inserting “(2)” at the beginning of the second paragraph;

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

15. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 § 7104(b)(4) · 102 Stat. 3342

    Added · 45 U.S.C. § 355(c)(3)

    Pub. L. 100–647, § 7104(b)(4), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 100–647, § 7104(b)(4), added par. (3).

    Enacted provision · exact public law section
    (4) by inserting after the second paragraph the following: “(3) Any base-year employer of a claimant whose claim for benefits has been granted in whole or in part, either in an initial determination with respect thereto or in a determination after a hearing pursuant to paragraph (1), and who contends that the determination is erroneous for a reason or reasons other than a reason that is reviewable under paragraph (4), may appeal to the Board for review of such determination. Despite such an appeal, the benefits awarded shall be paid to such claimant, subject to recovery by the Board if and to the extent found on the appeal to have been erroneously awarded. The Board shall take such action as is appropriate to recover the amount of such benefits including if feasible adjustment in subsequent payments pursuant to the first two paragraphs of section 2(d) of this Act. Upon an appeal, the Board shall review the determination appealed from and for such review may designate one of its officers or employees to receive evidence and report to the Board thereof together with recommendations. In any such case the Board or the person so designated shall, by publication or otherwise, notify all parties properly interested of their right to participate in the proceeding and, if a hearing is to be held, of the time and place of the hearing. At the request of any party properly interested the Board shall provide for a hearing, and may provide for a hearing on its own motion. The Board shall prescribe regulations Regulations. governing the appeals provided for in this paragraph and for decisions upon such appeal.”;

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

16. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 § 7104(b)(5) · 102 Stat. 3342

    Inserted · 45 U.S.C. § 355(c)(4)

    Pub. L. 100–647, § 7104(b)(5), inserted “(4)” before “In any case in which”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 100–647, § 7104(b)(5), inserted “(4)” before “In any case in which”.

    Enacted provision · exact public law section
    (5) by inserting “(4)” at the beginning of the third paragraph;

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

17. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 § 7104(b)(6) · 102 Stat. 3342

    1. Inserted · 45 U.S.C. § 355(c)(5)

       Pub. L. 100–647, § 7104(b)(6), (7), inserted “(5)” before “Final decision of the Board”

    2. Substituted · 45 U.S.C. § 355(c)(5)

       Pub. L. 100–647, § 7104(b)(6), (7), substituted “preceding three paragraphs” for “preceding two paragraphs”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 100–647, § 7104(b)(6), (7), inserted “(5)” before “Final decision of the Board” and substituted “preceding three paragraphs” for “preceding two paragraphs”.

    Enacted provision · exact public law section
    (6) by inserting “(5)” at the beginning of the fourth paragraph;

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

18. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 § 7104(b)(8) · 102 Stat. 3342

    Added · 45 U.S.C. § 355(c)(6)

    Pub. L. 100–647, § 7104(b)(8), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 100–647, § 7104(b)(8), added par. (6).

    Enacted provision · exact public law section
    (8) by inserting before the final paragraph the following: “(6) For purposes of this subsection and subsections (d) and (f), any base-year employer of the claimant is a properly interested party.”; and

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

19. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 § 7104(b)(9) · 102 Stat. 3342

    Inserted · 45 U.S.C. § 355(c)(7)

    Pub. L. 100–647, § 7104(b)(9), inserted “(7)” before “Any issue determinable”

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 100–647, § 7104(b)(9), inserted “(7)” before “Any issue determinable”.

    Enacted provision · exact public law section
    (9) by inserting “(7)” at the beginning of the final paragraph.

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

20. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 § 7104(c) · 102 Stat. 3342

    1. Inserted · 45 U.S.C. § 355(f)

       Pub. L. 100–647, § 7104(c), inserted “or any base-year employer of the claimant,” after “member,”

    2. Inserted · 45 U.S.C. § 355(f)

       Pub. L. 100–647, § 7104(c), inserted after second sentence “A copy of such petition also shall forthwith be served upon any other properly interested party, and such party shall be a party to the review proceeding.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–647, § 7104(c), inserted “or any base-year employer of the claimant,” after “member,” and inserted after second sentence “A copy of such petition also shall forthwith be served upon any other properly interested party, and such party shall be a party to the review proceeding.”

    Enacted provision · exact public law section
    (c) In Connection With Judicial Review.— Section 5(f) is amended— (1) by inserting after “member,” in the first sentence “or any base-year employer of the claimant,”; and (2) by inserting after the second sentence the following: “A copy of such petition also shall forthwith be served upon any other properly interested party, and such party shall be a party to the review proceeding.”.

    Effective date note
    Pub. L. 100–647, title VII, § 7104(f), Nov. 10, 1988, 102 Stat. 3772, provided that: “The amendments made by this section [amending this section and section 362 of this title] shall take effect on January 1, 1990.”

17 of 28 references resolved to an enrolled provision · 2 partial · 9 unresolved