US Code

Public Law 119-87 (04/30/2026)

45 U.S.C. § 351

Definitions

For the purposes of this chapter, except when used in amending the provisions of other Acts—
(a)
Provided, however45 U.S.C. 151 The term “employer” means any carrier (as defined in subsection (b) of this section), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any such employer: , That the term “employer” shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Surface Transportation Board is hereby authorized and directed upon request of the Railroad Retirement Board, or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the terms of this proviso. The term “employer” shall also include railroad associations, traffic associations, tariff bureaus, demurrage bureaus, weighing and inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or more employers as hereinbefore defined and engaged in the performance of services in connection with or incidental to railroad transportation; and railway labor organizations, national in scope, which have been or may be organized in accordance with the provisions of the Railway Labor Act [ et seq.], and their State and National legislative committees and their general committees and their insurance departments and their local lodges and divisions, established pursuant to the constitution and bylaws of such organizations. The term “employer” shall not include any company by reason of its being engaged in the mining of coal, the supplying of coal to an employer where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any of such activities.
(b)
The term “carrier” means a railroad subject to the jurisdiction of the Surface Transportation Board under part A of subtitle IV of title 49.
(c)
The term “company” includes corporations, associations, and joint-stock companies.
(d)

The term “employee” shall not include any individual while such individual is engaged in the physical operations consisting of the mining of coal, the preparation of coal, the handling (other than movement by rail with standard railroad locomotives) of coal not beyond the mine tipple, or the loading of coal at the tipple.

The term “employee” (except when used in phrases establishing a different meaning) means any individual who is or has been (i) in the service of one or more employers for compensation, or (ii) an employee representative. The term “employee” shall include an employee of a local lodge or division defined as an employer in subsection (a) only if he was in the service of a carrier on or after . The term “employee” includes an officer of an employer.
(e)
Provided, howeverProvided further An individual is in the service of an employer whether his service is rendered within or without the United States if (i) he is subject to the continuing authority of the employer to supervise and direct the manner of rendition of his service, or he is rendering professional or technical services and is integrated into the staff of the employer, or he is rendering, on the property used in the employer’s operations, other personal services the rendition of which is integrated into the employer’s operations, and (ii) he renders such service for compensation: , That an individual shall be deemed to be in the service of an employer, other than a local lodge or division or a general committee of a railway-labor-organization employer, not conducting the principal part of its business in the United States only when he is rendering service to it in the United States; and an individual shall be deemed to be in the service of such a local lodge or division only if (1) all, or substantially all, the individuals constituting its membership are employees of an employer conducting the principal part of its business in the United States; or (2) the headquarters of such local lodge or division is located in the United States; and an individual shall be deemed to be in the service of such a general committee only if (1) he is representing a local lodge or division described in clauses (1) or (2) immediately above; or (2) all, or substantially all, the individuals represented by it are employees of an employer conducting the principal part of its business in the United States; or (3) he acts in the capacity of a general chairman or an assistant general chairman of a general committee which represents individuals rendering service in the United States to an employer, but in such case if his office or headquarters is not located in the United States and the individuals represented by such general committee are employees of an employer not conducting the principal part of its business in the United States, only such proportion of the remuneration for such service shall be regarded as compensation as the proportion which the mileage in the United States under the jurisdiction of such general committee bears to the total mileage under its jurisdiction, unless such mileage formula is inapplicable, in which case the Board may prescribe such other formula as it finds to be equitable, and if the application of such mileage formula, or such other formula as the Board may prescribe, would result in the compensation of the individual being less than 10 per centum of his remuneration for such service no part of such remuneration shall be regarded as compensation: , That an individual not a citizen or resident of the United States shall not be deemed to be in the service of an employer when rendering service outside the United States to an employer who is required under the laws applicable in the place where the service is rendered to employ therein, in whole or in part, citizens or residents thereof.
(f)
45 U.S.C. 151 The term “employee representative” means any officer or official representative of a railway labor organization other than a labor organization included in the term employer as defined in subsection (a) who before or after , was in the service of an employer as defined in said subsection and who is duly authorized and designated to represent employees in accordance with the Railway Labor Act [ et seq.], and any individual who is regularly assigned to or regularly employed by such officer or official representative in connection with the duties of his office.
(g)
45 U.S.C. 231 The term “employment” means service performed as an employee. For the purposes of determining eligibility for and the amount of benefits and the amount of contributions due pursuant to this chapter, employment after , in the service of a local lodge or division of a railway-labor-organization employer or as an employee representative shall be disregarded. For purposes of determining eligibility for and the amount of benefits and the amount of contributions due pursuant to this chapter, employment as a delegate to a national or international convention of a railway labor organization defined as an “employer”, in subsection (a) of this section, shall be disregarded if the individual having such employment has not previously rendered service, other than as such a delegate, which may be included in his “years of service” for purposes of the Railroad Retirement Act [ et seq.].
(h)

section 352(a) of this titlesection 352(a) of this titlesection 352(a) of this titleThe term “registration period” means also, with respect to any employee, the period which begins with the first day with respect to which a statement of sickness for a “period of continuing sickness” (as defined in ) is filed in his behalf in accordance with such regulations as the Board may prescribe, or the first such day after the end of a registration period which will have begun with a day with respect to which a statement of sickness for a “period of continuing sickness” (as defined in ) was filed in his behalf, and ends with whichever is the earlier of (i) the thirteenth day thereafter, or (ii) the day immediately preceding the day with respect to which a statement of sickness for a new “period of continuing sickness” (as defined in ) is filed in his behalf.

The term “registration period” means, with respect to any employee, the period which begins with the first day for which such employee registers at an employment office in accordance with such regulations as the Board may prescribe, and ends with whichever is the earlier of (i) the thirteenth day thereafter, or (ii) the day immediately preceding the day for which he next registers at a different employment office; and thereafter each period which begins with the first day for which he next registers at an employment office after the end of his last preceding registration period which began with a day for which he registered at an employment office and ends with whichever is the earlier of (i) the thirteenth day thereafter, or (ii) the day immediately preceding the day for which he next registers at a different employment office.
(i)
(1)

In General .—

1
1 See References in Text note below.
45 U.S.C. 79745 U.S.C. 797a45 U.S.C. 7971 section 1101(a)(15) of title 8section 356 of this titleThe term “compensation” means any form of money remuneration, including pay for time lost but excluding tips, paid for services rendered as an employee to one or more employers, or as an employee representative, except that in computing the compensation paid to any employee, no part of any month’s compensation in excess of the monthly compensation base (as defined in subdivision (2)) for any month shall be recognized. Solely for the purpose of determining the compensation received by an employee in a base year, the term “compensation” shall include any separation allowance or subsistence allowance paid under any benefit schedule provided under section 701  of title VII of the Regional Rail Reorganization Act of 1973 [] and any termination allowance paid under section 702 of that Act [], but does not include any other benefits payable under that title [ et seq.]. The total amount of any subsistence allowance payable under a benefit schedule provided pursuant to section 701  of the Regional Rail Reorganization Act of 1973 shall be considered as being compensation in the month in which the employee first timely filed a claim for such an allowance. Such term does not include remuneration for service which is performed by a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of and which is performed to carry out the purpose specified in subparagraph (F) or (J) as the case may be. A payment made by an employer to an individual through the employer’s pay roll shall be presumed, in the absence of evidence to the contrary, to be compensation for service rendered by such individual as an employee of the employer in the period with respect to which the payment is made. An employee shall be deemed to be paid, “for time lost” the amount he is paid by an employer with respect to an identifiable period of absence from the active service of the employer, including absence on account of personal injury, and the amount he is paid by the employer for loss of earnings resulting from his displacement to a less remunerative position or occupation. If a payment is made by an employer with respect to a personal injury and includes pay for time lost, the total payment shall be deemed to be paid for time lost unless, at the time of payment, a part of such payment is specifically apportioned to factors other than time lost, in which event only such part of the payment as is not so apportioned shall be deemed to be paid for time lost. Compensation earned in any calendar month before 1947 shall be deemed paid in such month regardless of whether or when payment will have been in fact made, and compensation earned in any calendar year after 1946 but paid after the end of such calendar year shall be deemed to be compensation paid in the calendar year in which it will have been earned if it is so reported by the employer before February 1 of the next succeeding calendar year or, if the employee establishes, subject to the provisions of , the period during which such compensation will have been earned.
(2)

Monthly Compensation Base.—

(A)

In general .—

For purposes of subdivision (1), the term “monthly compensation base” means the amount—
(i)
of $400 for calendar months before ;
(ii)
of $600 for calendar months after and before ; and
(iii)
computed under subparagraph (B) for months after .
(B)

Computation.—

(i)

In general .—

The amount of the monthly compensation base for each calendar year beginning after , is the greater of—
(I)
$600; or
(II)

 

 

 

 

A−37,800

 

B=600

A

1+

————

 

 

 

 

56,700
the amount, as rounded under clause (iii) if applicable, computed under the formula:
(ii)

Meaning of symbols .—

For the purposes of the formula in clause (i)—
(I)
“B” is the dollar amount of the monthly compensation base; and
(II)
section 3231(e)(2) of title 26 “A” is the amount of the applicable base with respect to tier 1 taxes, for the calendar year for which the monthly compensation base is being computed, as determined under .
(iii)

Rounding rule .—

If the monthly compensation base computed under this formula is not a multiple of $5, it shall be rounded to the nearest multiple of $5, with such rounding being upward in the event the amount computed is equidistant between two multiples of $5.
(j)
The term “remuneration” means pay for services for hire, including pay for time lost, and tips, but pay for time lost shall be deemed earned on the day on which such time is lost. The term “remuneration” includes also earned income other than for services for hire if the accrual thereof in whole or in part is ascertainable with respect to a particular day or particular days. The term “remuneration” does not include any money payments received pursuant to any nongovernmental plan for unemployment insurance, maternity insurance, or sickness insurance.
(k)
section 354 of this titleProvided, howeverProvided furtherProvided further

For the purpose of this subsection, the term “subsidiary remuneration” means, with respect to any employee, remuneration not in excess of an average of $15 a day for the period with respect to which such remuneration is payable or accrues, if the work from which the remuneration is derived (i) requires substantially less than full time as determined by generally prevailing standards, and (ii) is susceptible of performance at such times and under such circumstances as not to be inconsistent with the holding of normal full-time employment in another occupation.

Subject to the provisions of (1) a day of unemployment, with respect to any employee, means a calendar day on which he is able to work and is available for work and with respect to which (i) no remuneration is payable or accrues to him, and (ii) he has, in accordance with such regulations as the Board may prescribe, registered at an employment office; and (2) a “day of sickness”, with respect to any employee, means a calendar day on which because of any physical, mental, psychological, or nervous injury, illness, sickness, or disease he is not able to work, or, with respect to a female employee, a calendar day on which, because of pregnancy, miscarriage, or the birth of a child, (i) she is unable to work or (ii) working would be injurious to her health, and with respect to which (i) no remuneration is payable or accrues to him, and (ii) in accordance with such regulations as the Board may prescribe, a statement of sickness is filed within such reasonable period, not in excess of ten days, as the Board may prescribe: , That “subsidiary remuneration”, as hereinafter defined in this subsection, shall not be considered remuneration for the purpose of this subsection except with respect to an employee whose base-year compensation, exclusive of earnings from the position or occupation in which he earned such subsidiary remuneration, is less than an amount that is equal to 2.5 times the monthly compensation base for months in such base year as computed under subsection (i) of this section: , That remuneration for a working day which includes a part of each of two consecutive calendar days shall be deemed to have been earned on the first of such two days, and any individual who takes work for such working day shall not by reason thereof be deemed not available for work on the second of such calendar days: , That any calendar day on which no remuneration is payable to or accrues to an employee solely because of the application to him of mileage or work restrictions agreed upon in schedule agreements between employers and employees or solely because he is standing by for or laying over between regularly assigned trips or tours of duty shall not be considered either a day of unemployment or a day of sickness.
(l)
(1)
The term “benefits” (except in phrases clearly designating other payments) means the money payments payable to an employee as provided in this chapter, with respect to his unemployment or sickness.
(2)
section 362(i) of this title The term “statement of sickness” means a statement with respect to days of sickness of an employee, executed in such manner and form by an individual duly authorized pursuant to to execute such statements, and filed as the Board may prescribe by regulations.
(m)
The term “benefit year” means the twelve-month period beginning July 1 of any year and ending June 30 of the next year, except that a registration period beginning in June and ending in July shall be deemed to be in the benefit year ending in such month of June.
(n)
The term “base year” means the completed calendar year immediately preceding the beginning of the benefit year.
(o)
section 362(i) of this title The term “employment office” means a free employment office operated by the Board, or designated as such by the Board pursuant to .
(p)
section 360 of this title The term “account” means the railroad unemployment insurance account established pursuant to in the unemployment trust fund.
(q)
section 361 of this title The term “fund” means the railroad unemployment insurance administration fund, established pursuant to in the unemployment trust fund.
(r)
The term “Board” means the Railroad Retirement Board.
(s)
The term “United States”, when used in a geographical sense, means the States and the District of Columbia.
(t)
The term “State” means any of the States or the District of Columbia.
(u)
Any reference in this chapter to any other Act of Congress, including such reference in amendments to other Acts, includes a reference to such other Act as amended from time to time.

June 25, 1938, ch. 680, § 1 52 Stat. 1094 June 20, 1939, ch. 227 53 Stat. 845 Aug. 13, 1940, ch. 664 54 Stat. 785 Oct. 10, 1940, ch. 842 54 Stat. 1094 Apr. 8, 1942, ch. 227, § 15 56 Stat. 210 July 31, 1946, ch. 709 60 Stat. 722 Oct. 30, 1951, ch. 632, § 26 65 Stat. 691 Aug. 31, 1954, ch. 1164 68 Stat. 1041 Pub. L. 85–92772 Stat. 1782 Pub. L. 86–2873 Stat. 30 Pub. L. 89–700, title II, § 20180 Stat. 1087 Pub. L. 90–257, title II, § 20182 Stat. 23 Pub. L. 90–624, § 382 Stat. 1316 Pub. L. 94–92, title I, § 1(a)89 Stat. 461 Pub. L. 98–76, title IV97 Stat. 434 Pub. L. 100–647, title VII102 Stat. 3757 Pub. L. 104–88, title III, § 324(1)109 Stat. 950 (, ; , §§ 1–6, 20, , 848; , §§ 1, 3, , 786; , §§ 2–8, , 1095; , ; , §§ 1, 2, 301–304, , 735, 736; , ; , pt. III, §§ 301–303, ; , pt. II, § 201, , ; , pt. III, § 301, , ; , , ; , , ; , , ; , (b), , ; , §§ 402(b), 403(b), 411(a)(1), title V, § 503(b), , , 436, 441; , §§ 7101(a), (b), 7203(a), , , 3758, 3776; , (2), , .)

Editorial Notes

References in Text

lact June 25, 1938, ch. 680 52 Stat. 1094 section 1107 of Title 42section 367 of this titleThis chapter, referred to in introductory provisions and subsecs. (g), ()(1), and (u), was in the original “this Act”, meaning , , which enacted this chapter and amended sections 503 and 1104 and former , The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

act May 20, 1926, ch. 347 44 Stat. 577 section 151 of this titleThe Railway Labor Act, referred to in subsecs. (a) and (f), is , , which is classified principally to chapter 8 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

act Aug. 29, 1935, ch. 812 act June 24, 1937, ch. 382, part I 50 Stat. 307 Pub. L. 93–445, title I88 Stat. 1305 The Railroad Retirement Act, referred to in subsec. (g), probably means the Railroad Retirement Act of 1937, , as amended generally by , , which was classified principally to subchapter III (§ 228a et seq.) of chapter 9 of this title. The Railroad Retirement Act of 1937 was amended generally and redesignated the Railroad Retirement Act of 1974 by , , . The Railroad Retirement Act of 1974 is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of this title. For complete classification of these Acts to the Code, see Tables.

Pub. L. 93–23687 Stat. 985 45 U.S.C. 797Pub. L. 99–509, title IV, § 4024(c)100 Stat. 1904 section 701 of this titleThe Regional Rail Reorganization Act of 1973, referred to in subsec. (i)(1), is , , . Section 701 of title VII of the Regional Rail Reorganization Act of 1973 [] was repealed by , , , effective on the sale date (). Title VII of the Regional Rail Reorganization Act of 1973 is classified generally to subchapter VII (§ 797 et seq.) of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 104–88, § 324(1)1995—Subsec. (a). , substituted “Surface Transportation Board is hereby authorized and directed upon request of the Railroad Retirement Board” for “Interstate Commerce Commission is hereby authorized and directed upon request of the Board”.

Pub. L. 104–88, § 324(2)Subsec. (b). , added subsec. (b) and struck out former subsec. (b) which read as follows: “The term ‘carrier’ means an express company, sleeping-car company, or carrier by railroad, subject to part I of the Interstate Commerce Act.”

Pub. L. 100–647, § 7101(a)Provided, however1988—Subsec. (i). , designated existing provisions as par. (1), inserted par. heading, substituted “, except that in computing the compensation paid to any employee, no part of any month’s compensation in excess of the monthly compensation base (as defined in subdivision (2)) for any month shall be recognized” for “: , That in computing the compensation paid to any employee, no part of any month’s compensation in excess of $300 for any month before , or in excess of $350 for any month after , and before the calendar month next following the month in which this chapter was amended in 1959, or in excess of $400 for any month after the month in which this chapter was so amended and before January 1984, or in excess of $600 for any month after 1983, shall be recognized”, and added par. (2).

Pub. L. 100–647, § 7203(a)Subsec. (k). , which directed amendment of second par. of subsec. (k) by substituting “$15” for “$10”, was executed by making the substitution for “ten dollars” as the probable intent of Congress.

Pub. L. 100–647, § 7101(b), substituted “an amount that is equal to 2.5 times the monthly compensation base for months in such base year as computed under subsection (i) of this section” for “$1,500”.

Pub. L. 98–76, § 503(b)1983—Subsec. (i). , inserted “and before January 1984, or in excess of $600 for any month after 1983”.

Pub. L. 98–76, § 403(b), inserted after first sentence “Solely for the purpose of determining the compensation received by an employee in a base year, the term ‘compensation’ shall include any separation allowance or subsistence allowance paid under any benefit schedule provided under section 701 of title VII of the Regional Rail Reorganization Act of 1973 and any termination allowance paid under section 702 of that Act, but does not include any other benefits payable under that title. The total amount of any subsistence allowance payable under a benefit schedule provided pursuant to section 701 of the Regional Rail Reorganization Act of 1973 shall be considered as being compensation in the month in which the employee first timely filed a claim for such an allowance.”

Pub. L. 98–76, § 402(b)Subsec. (j). , struck out “(i) the voluntary payment by another, without deduction from the pay of an employee, of any tax or contribution now or hereafter imposed with respect to the remuneration of such employee, or (ii)” after “ ‘remuneration’ does not include”.

Pub. L. 98–76, § 411(a)(1)Subsec. (k). , substituted “$1,500” for “$1,000”.

Pub. L. 94–92, § 1(a)section 352(a) of this title1975—Subsec. (h). , inserted “for a period of continuing sickness (as defined in )” after “a statement of sickness” wherever appearing and incorporated “and ends with the thirteenth day thereafter” in provision reading “and ends with whichever is the earlier of (i) the thirteenth day thereafter,” and inserted cl. (ii) thereafter.

Pub. L. 94–92, § 1(b)Subsec. (k). , substituted in second sentence “ten” for “three” dollars.

Pub. L. 90–6241968—Subsec. (i). excluded remuneration for services performed by nonresident alien individuals temporarily in the United States as participants in a cultural exchange or training program.

Pub. L. 90–257, § 201(a)Subsec. (k). , amended definitions of “day of sickness” so as to remove reference to a day in a maternity period and inserted references to a day of sickness for female employees when, because of pregnancy, miscarriage, or the birth of a child, she is unable to work or working is injurious to her health and raised from $750 to $1,000 the amount specified in the subsidiary remuneration provision.

lPub. L. 90–257, § 201(b)llllSubsec. (). , redesignated subsec. () defining “benefits” as subsec. ()(1). Former subsec. ()(1) redesignated ()(2).

lPub. L. 90–257, § 201(b)llSubsec. ()(1). , redesignated as subsec. ()(1) former subsec. () defining “benefits”.

lPub. L. 90–257, § 201(b)lllSubsec. ()(2). , redesignated as subsec. ()(2) former subsec. ()(1) defining “statement of sickness” and struck out reference to statement of maternity sickness. Former subsec. ()(2) defining “maternity period” was struck out.

Pub. L. 89–700, § 201(a)section 356 of this titlesection 358 of this title1966—Subsec. (i). , substituted “” for “.”

Pub. L. 89–700, § 201(b)Subsec. (k). , substituted “$750” for “500”.

Pub. L. 89–700, § 201(c)Subsecs. (s), (t). , struck out “, Alaska, Hawaii,” after “States”.

Pub. L. 86–28, § 301(a)1959—Subsec. (i). , increased, for any month after May 1959, from $350 to $400 the maximum amount of monthly compensation to be used in computing benefits.

Pub. L. 86–28, § 301(b)Subsec. (k). , substituted “$500” for “$400”.

Pub. L. 85–927, § 201(a)1958—Subsec. (k). , substituted “first” for “second” and “second” for “first” in second proviso of first paragraph, and substituted “three dollars” for “one dollar” in second paragraph.

Pub. L. 85–927, § 201(b)Subsec. (q). , inserted “in the unemployment trust fund”.

1954—Subsec. (g). Act , § 301, provided that compensation for service by an individual as a delegate to a convention of a national railway labor organization shall be disregarded in determining eligibility for benefits, if he has no previous creditable service.

Subsec. (i). Act , § 302, increased, after , from $300 to $350 the maximum amount of monthly compensation to be used in computing benefits.

Subsec. (k). Act , § 303 (part), substituted “$400” for “$150”.

1951—Subsec. (k). Act , inserted last proviso of first par.

1946—Subsec. (e). Act , § 1, changed opening par. to include professional or technical services when integrated into staff of employer or other personal services the rendition of which is integrated into the employer’s operations and added clause at end of first proviso excluding compensation of less than 10% of remuneration.

Subsec. (h). Act , § 301, changed definition of registration period to cover days of sickness as well as days of unemployment.

Subsec. (i). Act , § 2, changed definition of compensation to remuneration “paid” instead of “payable” and inserted provisions relating to presumption that a payment is compensation; payments for time lost and with respect to personal injury; and payments after the end of a calendar year earned during that year.

Subsec. (j). Act , § 302, inserted reference to maternity insurance and sickness insurance.

Subsec. (k)(2). Act , § 303, inserted cl. (2) defining day of sickness.

lSubsec. (). Act , § 304, expanded definition of benefits to include payment with respect to sickness and added pars. (1) and (2), defining statement of sickness, statement of maternity sickness, and maternity period.

1942—Subsec. (e). Act , amended first proviso.

1940—Subsec. (a). Act , § 1, excluded from definition of employer companies engaged in mining coal, supplying coal not beyond the mine tipple, and the operation of equipment or facilities therefor.

Subsec. (d). Act , § 3, excluded from definition of employee individuals engaged in mining coal, preparation of coal, handling (other than rail movement by standard locomotives) of coal not beyond the mine tipple, or the loading of coal at the tipple.

lllSubsec. (). Act , § 6, redesignated subsec. (m) as (). Former subsec. () redesignated (n) by act , § 8.

lSubsec. (m). Act , § 7, redesignated subsec. (n) as (m). Former subsec. (m) redesignated () by act , § 6.

lSubsec. (n). Act , § 8, redesignated former subsec. () as (n), and amended provisions generally. Former subsec. (n) redesignated (m) by act , § 7.

Subsec. (g). Act , § 2, inserted provisions relating to employment after , in service of a local lodge, etc.

Subsec. (h). Act , § 3, substituted provisions defining “registration period” for provisions defining “half month”.

Subsec. (j). Act Oct 10, 1940, § 4, inserted provisions relating to earned income other than for services for hire to definition of “remuneration”.

Subsec. (k). Act , § 5, inserted in cl. (i) “accrues” after “or”, inserted provisions relating to “subsidiary remuneration”, and substituted provisions relating to working days which include part of each of two consecutive calendar days, for provisions relating to work shifts which include part of two consecutive calendar days.

1939—Subsec. (d). Act , § 1, designated second paragraph as subsec. (e).

Subsec. (e). Act , §§ 1, 2, designated second paragraph of subsec. (d) as (e) and inserted proviso relating to an individual not deemed a citizen or resident of the United States. Former subsec. (e) redesignated (f).

Subsec. (f). Act , §§ 2, 3, redesignated former subsec. (e) as (f). Former subsec. (f), which defined “part-time worker”, was struck out.

Subsec. (h). Act , § 4, substituted provisions authorizing Board to define “half-month” for provisions defining “half-month” as a period of any fifteen consecutive days, with no day to be included in more than one period for any individual.

Subsec. (i). Act , § 5, struck out comma after “money”.

Subsec. (k). Act , § 6, struck out proviso relating to calendar days for part-time workers.

Subsec. (n). Act , § 20, inserted provisions relating to inclusion within “benefit year” half-months containing days of unemployment.

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

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

Effective Date of 1988 Amendment

Pub. L. 100–647, title VII, § 7101(f)102 Stat. 3759

“The amendments made by this section [amending this section and sections 352, 354, and 362 of this title] shall take effect upon the date of the enactment of this Act [].”
, , , provided that:

Pub. L. 100–647, title VII, § 7203(b)102 Stat. 3776

“The amendment made by this section [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1983 Amendment

section 402(b) of Pub. L. 98–76section 402(c) of Pub. L. 98–76section 231 of this titleAmendment by applicable to compensation paid for services rendered after , see , set out as a note under .

section 403(b) of Pub. L. 98–76section 403(c) of Pub. L. 98–76section 231 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–76, title IV, § 411(b)97 Stat. 436

“The amendments made by this section [amending this section and sections 353 and 354 of this title] shall apply to compensation paid for services rendered after .”
, , , provided that:

Pub. L. 98–76, title V, § 503(c)97 Stat. 441

section 358 of this title“The amendments made by this section [amending this section and ] shall apply to compensation paid for services rendered after .”
, , , provided that:

Effective Date of 1975 Amendment

Pub. L. 94–92, title I, § 289 Stat. 464

“(a)
The amendment made by section 1(a) of this Act [amending this section] shall be effective with respect to days of sickness in registration periods beginning after .
“(b)
section 353 of this title The amendment with respect to qualifying conditions made by section 1(f) [amending ] shall be effective for services rendered after .
“(c)
section 352 of this titleProvided, howeversection 1402 of Title 26section 352 of this title The amendments made by sections 1(b), 1(c), and 1(d)(1) of this Act [amending this section and ] shall be effective with respect to days of unemployment and days of sickness in registration periods beginning after : , That the amount of benefits paid for days of unemployment or days of sickness in a registration period beginning after , and prior to the date of enactment of this Act [] shall, if paid to an employee who is covered by a nongovernmental plan for unemployment or sickness insurance and who has been paid benefits under such plan for one or more days within the registration period, be reduced by the amount, if any, by which the benefits paid to him under the nongovernmental plan would have been reduced if this Act [amending this section, sections 231m, 352, 353, 358, 360, 361 of this title, and sections 1402 and 3231 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under this section and sections 231 and 231m of this title, and ] had been enacted prior to , so that the employee will receive, the full amount of the combined benefits that he would have received under the Railroad Unemployment Insurance Act [this chapter] and the nongovernmental plan if the benefit increases provided by this Act had been enacted prior to said date. The amount of each such reduction in the benefits paid under the amendment made by section 1(c)(2) of this Act [amending ] shall be paid over by the Board to the insurer of the nongovernmental plan or to the employer if a self-insurer. Reductions in benefits and payments to insurers and employers hereunder shall be made on claims filed with the Board by such insurers and employers within thirty days after the date of enactment of this Act [].
“(d)
section 352 of this title The amendments made by sections 1(d)(2) and 1(e) of this Act [amending ] shall be effective with respect to days of unemployment in registration periods beginning after .
“(e)
The amendments made by sections 1(g), 1(h), 1(i)(1), and 1(j) of this Act [amending sections 358, 360, and 361 of this title] shall be effective with respect to compensation paid for services rendered after .
“(f)
section 360 of this title The amendment made by section 1(i)(2) of this Act [amending ] shall be effective on the date of enactment of this Act [].”
, , , provided that:

Effective Date of 1968 Amendment

Pub. L. 90–624, § 4(b)82 Stat. 1317

“The amendments made by section 3 [amending this section] shall apply with respect to service performed after .”
, , , provided that:

section 201(a)(1) of Pub. L. 90–257section 201(a)(2) of Pub. L. 90–257section 208 of Pub. L. 90–257section 352 of this titleAmendment by effective as of , and amendment by effective with respect to base years beginning in calendar years after , see , set out as a note under .

Effective Date of 1959 Amendment

Pub. L. 86–2873 Stat. 33

section 353 of this titlesection 358 of this titlesection 358 of this title“The amendments made by section 301(b) [amending this section] shall be effective with respect to days in registration periods beginning after . The amendments made by sections 302, 303(a), and 305 [amending sections 352 and 354 of this title] shall be effective with respect to benefits accruing in general benefit years which begin after the benefit year ending , and in extended benefit periods which begin after . The amendment made by section 304 [amending ] shall be effective with respect to base years after the base year ending . The amendments made by clauses (4) and (5) of section 306 [amending , increasing the contribution rates for compensation paid after May, 1959] and clause (1) of section 307 [amending , increasing the contribution rate from 3 to 3¾ percent] shall be effective as of the first day of the calendar month next following the month in which this Act was enacted [May, 1959], and shall apply only with respect to compensation paid for services rendered in calendar months after the month in which this Act was enacted [May, 1959].”
, pt. III, § 309, , , provided that:

Effective Date of 1958 Amendment

Pub. L. 85–92772 Stat. 1783

“(a)
The amendments made by section 201(a) [amending this section] shall be effective with respect to registration periods in benefit years after the benefit year ending on .
“(b)
section 354 of this title The amendments made by section 202 [amending ] shall be effective with respect to days in benefit years after the benefit year ending on .
“(c)
section 1104 of Title 42 The remaining amendments made by this part [amending this section, sections 358, 361, 362 of this title, and , The Public Health and Welfare] shall be effective, except as otherwise indicated therein, on the date of the enactment of this Act [].”
, pt. II, § 207, , , provided that:

Effective Date of 1954 Amendment

Act Aug. 31, 1954, ch. 1164 68 Stat. 1042

“Sec. 401.
section 228s–1 of this title The amendments made by this Act [enacting , amending this section, sections 228a, 228b, 228c, 228e, 352, 353, and 358 of this title, sections 3201, 3202, 3211, 3221, and 3231 of Title 26, Internal Revenue Code, and sections 1500, 1501, 1510, 1520, 1532 of the Internal Revenue Code of 1939] shall be effective , except as otherwise provided.
“Sec. 402.
section 228a of this title The provisions of sections 1, 205, and 301 of this Act [amending this section, , and section 1532 of the Internal Revenue Code of 1939] shall be effective with respect to compensation paid on and after .”
, pt. IV, §§ 401, 402, , provided that:

Effective Date of 1951 Amendment

Act Oct. 30, 1951, ch. 632, § 28 65 Stat. 691

“The provisions of sections 26 and 27 of the Act [amending sections 350 and 354 of this title] shall become effective with respect to registration periods beginning on and after .”
, , provided that:

Effective Date of 1946 Amendments

Amendment by sections 1 and 2 of act , effective , see section 401 of act .

section 352 of this titleAmendment by sections 301 to 304 of act , effective as of , see section 403 of act , set out as a note under .

Effective Date of 1942 Amendment

Act Apr. 8, 1942, ch. 227, § 15 56 Stat. 211

Provided, howeversection 358 of this title“The amendment in this section [amending this section] shall operate in the same manner and have the same effect as if it had been part of the Railroad Unemployment Insurance Act [this chapter] when that Act was enacted on : , That no interest or penalties shall accrue or be deemed to have accrued for the failure to make returns under, or pay contributions levied by, section 8 of said Railroad Unemployment Insurance Act [] with respect to the compensation of employees of any local lodge or division of a railway-labor-organization employer earned prior to , and with respect to the compensation of employees of any general committee of a railway-labor-organization employer earned prior to the enactment of this amendment if, with respect to any such local lodge or division (1) the headquarters of such a local lodge or division was not located in the United States or (2) all, or substantially all, the individuals constituting the membership of such a local lodge or division were employees of an employer not conducting the principal part of its business in the United States; and if, with respect to any such general committee (1) the individuals represented by such a general committee were employees of an employer not conducting the principal part of its business in the United States, or (2) the service to such a general committee was rendered outside the United States, or (3) the office or headquarters of the individual rendering service to such a general committee was not located in the United States and if such returns are made and such contributions are paid by such a local lodge or division or by such a general committee within the time allowed for making returns and paying contributions with respect to the first calendar quarter beginning after the enactment of this amendment.”
, , provided in part that:

Effective Date of 1940 Amendment

Act Oct. 10, 1940, ch. 842, § 1 54 Stat. 1094

section 262 of this titlesection 262 of this titlesection 355 of this titleProvided, however“That the provisions of this act [amending this section, sections 228a, 228i, 352 to 355, 356, 361, and 362 of this title, and section 1532 of former Title 26, Internal Revenue Code of 1939, and enacting provisions set out as notes under this section and ] shall take effect on , except that sections 2, 11, 25, 26, and 27 [amending sections 228a, 228i, 351, and 352 of this title and section 1532 of former Title 26 and enacting provisions set out as a note under ] shall be effective as of , and sections 19 and 20 [amending ] shall become effective upon the approval of this act: , That—
“(a)
A half-month which has begun prior to , in accordance with the Railroad Unemployment Insurance Act [this chapter] and regulations thereunder, and which includes such date, shall continue, and benefits with respect thereto shall be computed and paid as if this act had not been enacted;
“(b)
section 352(c) of this title All benefit years current on , shall terminate (1) on , or (2) on the last day of a half-month which includes and , whichever is later, and, for the purposes of section 2(c) of the Railroad Unemployment Insurance Act [], as amended by this act, all benefits paid for unemployment in half-months begun subsequent to , and prior to , shall be deemed to have been paid for unemployment within the benefit year ending ;
“(c)
section 353(b) of this title Benefits for unemployment in the first registration period, beginning after , of an employee who has, subsequent to , completed a waiting period under section 3(b) of the Railroad Unemployment Insurance Act [], shall be determined and computed as though such registration period were a subsequent registration period in the same benefit year.”
, , provided:

Exclusion From Wages and Compensation of Refunds Required From Employers To Compensate for Duplication of Medicare Benefits by Health Care Benefits Provided by Employers

section 421 of Pub. L. 100–36042 U.S.C. 1395bsection 10202 of Pub. L. 101–239section 1395b of Title 42For purposes of this chapter, the term “compensation” shall not include the amount of any refund required under [ note], see , set out as a note under , The Public Health and Welfare.