45 USC 351 - Definitions

1 See References in Text note below.

of title VII of the Regional Rail Reorganization Act of 1973 [

Editorial Notes

References in Text

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

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

The Railroad Retirement Act, referred to in subsec. (g), probably means the Railroad Retirement Act of 1937, act Aug. 29, 1935, ch. 812, as amended generally by act June 24, 1937, ch. 382, part I, 50 Stat. 307, 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 Puspan. L. 93–445, title I, Oct. 16, 1974, 88 Stat. 1305. 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.

The Regional Rail Reorganization Act of 1973, referred to in subsec. (i)(1), is Puspan. L. 93–236, Jan. 2, 1974, 87 Stat. 985. Section 701 of title VII of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 797] was repealed by Puspan. L. 99–509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 1987). 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 section 701 of this title and Tables.

Amendments

1995—Subsec. (a). Puspan. L. 104–88, § 324(1), 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”.

Subsec. (span). Puspan. L. 104–88, § 324(2), added subsec. (span) and struck out former subsec. (span) 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.”

1988—Subsec. (i). Puspan. L. 100–647, § 7101(a), 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 “: Provided, however, That in computing the compensation paid to any employee, no part of any month’s compensation in excess of $300 for any month before July 1, 1954, or in excess of $350 for any month after June 30, 1954, 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).

Subsec. (k). Puspan. L. 100–647, § 7203(a), 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.

Puspan. L. 100–647, § 7101(span), 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”.

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

Puspan. L. 98–76, § 403(span), 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.”

Subsec. (j). Puspan. L. 98–76, § 402(span), 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”.

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

1975—Subsec. (h). Puspan. L. 94–92, § 1(a), inserted “for a period of continuing sickness (as defined in section 352(a) of this title)” 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.

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

1968—Subsec. (i). Puspan. L. 90–624 excluded remuneration for services performed by nonresident alien individuals temporarily in the United States as participants in a cultural exchange or training program.

Subsec. (k). Puspan. L. 90–257, § 201(a), 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.

Subsec. (l). Puspan. L. 90–257, § 201(span), redesignated subsec. (l) defining “benefits” as subsec. (l)(1). Former subsec. (l)(1) redesignated (l)(2).

Subsec. (l)(1). Puspan. L. 90–257, § 201(span), redesignated as subsec. (l)(1) former subsec. (l) defining “benefits”.

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

1966—Subsec. (i). Puspan. L. 89–700, § 201(a), substituted “section 356 of this title” for “section 358 of this title.”

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

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

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

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

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

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

1954—Subsec. (g). Act Aug. 31, 1954, § 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 Aug. 31, 1954, § 302, increased, after June 30, 1954, from $300 to $350 the maximum amount of monthly compensation to be used in computing benefits.

Subsec. (k). Act Aug. 31, 1954, § 303 (part), substituted “$400” for “$150”.

1951—Subsec. (k). Act Oct. 30, 1951, inserted last proviso of first par.

1946—Subsec. (e). Act July 31, 1946, § 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 July 31, 1946, § 301, changed definition of registration period to cover days of sickness as well as days of unemployment.

Subsec. (i). Act July 31, 1946, § 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 July 31, 1946, § 302, inserted reference to maternity insurance and sickness insurance.

Subsec. (k)(2). Act July 31, 1946, § 303, inserted cl. (2) defining day of sickness.

Subsec. (l). Act July 31, 1946, § 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 Apr. 8, 1942, amended first proviso.

1940—Subsec. (a). Act Aug. 13, 1940, § 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 Aug. 13, 1940, § 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.

Subsec. (l). Act Oct. 10, 1940, § 6, redesignated subsec. (m) as (l). Former subsec. (l) redesignated (n) by act Oct. 10, 1940, § 8.

Subsec. (m). Act Oct. 10, 1940, § 7, redesignated subsec. (n) as (m). Former subsec. (m) redesignated (l) by act Oct. 10, 1940, § 6.

Subsec. (n). Act Oct. 10, 1940, § 8, redesignated former subsec. (l) as (n), and amended provisions generally. Former subsec. (n) redesignated (m) by act Oct. 10, 1940, § 7.

Subsec. (g). Act Oct. 10, 1940, § 2, inserted provisions relating to employment after June 30, 1940, in service of a local lodge, etc.

Subsec. (h). Act Oct. 10, 1940, § 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 Oct. 10, 1940, § 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 June 20, 1939, § 1, designated second paragraph as subsec. (e).

Subsec. (e). Act June 20, 1939, §§ 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 June 20, 1939, §§ 2, 3, redesignated former subsec. (e) as (f). Former subsec. (f), which defined “part-time worker”, was struck out.

Subsec. (h). Act June 20, 1939, § 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 June 20, 1939, § 5, struck out comma after “money”.

Subsec. (k). Act June 20, 1939, § 6, struck out proviso relating to calendar days for part-time workers.

Subsec. (n). Act June 20, 1939, § 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

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

Effective Date of 1988 Amendment

Puspan. L. 100–647, title VII, § 7101(f), Nov. 10, 1988, 102 Stat. 3759, provided that: “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 [Nov. 10, 1988].”

Puspan. L. 100–647, title VII, § 7203(span), Nov. 10, 1988, 102 Stat. 3776, provided that: “The amendment made by this section [amending this section] shall take effect on July 1, 1988.”

Effective Date of 1983 Amendment

Amendment by section 402(span) of Puspan. L. 98–76 applicable to compensation paid for services rendered after June 30, 1983, see section 402(c) of Puspan. L. 98–76, set out as a note under section 231 of this title.

Amendment by section 403(span) of Puspan. L. 98–76 effective Aug. 13, 1981, see section 403(c) of Puspan. L. 98–76, set out as a note under section 231 of this title.

Puspan. L. 98–76, title IV, § 411(span), Aug. 12, 1983, 97 Stat. 436, provided that: “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 December 31, 1983.”

Puspan. L. 98–76, title V, § 503(c), Aug. 12, 1983, 97 Stat. 441, provided that: “The amendments made by this section [amending this section and section 358 of this title] shall apply to compensation paid for services rendered after December 31, 1983.”

Effective Date of 1975 Amendment

Puspan. L. 94–92, title I, § 2, Aug. 9, 1975, 89 Stat. 464, provided that:

“(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 June 30, 1975.

“(span) The amendment with respect to qualifying conditions made by section 1(f) [amending section 353 of this title] shall be effective for services rendered after December 31, 1973.

“(c) The amendments made by sections 1(span), 1(c), and 1(d)(1) of this Act [amending this section and section 352 of this title] shall be effective with respect to days of unemployment and days of sickness in registration periods beginning after June 30, 1975: Provided, however, That the amount of benefits paid for days of unemployment or days of sickness in a registration period beginning after June 30, 1975, and prior to the date of enactment of this Act [Aug. 9, 1975] 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 section 1402 of Title 26] had been enacted prior to July 1, 1975, 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 section 352 of this title] 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 [Aug. 9, 1975].

“(d) The amendments made by sections 1(d)(2) and 1(e) of this Act [amending section 352 of this title] shall be effective with respect to days of unemployment in registration periods beginning after June 30, 1975.

“(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 December 31, 1975.

“(f) The amendment made by section 1(i)(2) of this Act [amending section 360 of this title] shall be effective on the date of enactment of this Act [Aug. 9, 1975].”

Effective Date of 1968 Amendment

Puspan. L. 90–624, § 4(span), Oct. 22, 1968, 82 Stat. 1317, provided that: “The amendments made by section 3 [amending this section] shall apply with respect to service performed after December 31, 1967.”

Amendment by section 201(a)(1) of Puspan. L. 90–257 effective as of July 1, 1968, and amendment by section 201(a)(2) of Puspan. L. 90–257 effective with respect to base years beginning in calendar years after December 31, 1966, see section 208 of Puspan. L. 90–257, set out as a note under section 352 of this title.

Effective Date of 1959 Amendment

Puspan. L. 86–28, pt. III, § 309, May 19, 1959, 73 Stat. 33, provided that: “The amendments made by section 301(span) [amending this section] shall be effective with respect to days in registration periods beginning after June 30, 1959. 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 June 30, 1958, and in extended benefit periods which begin after December 31, 1957. The amendment made by section 304 [amending section 353 of this title] shall be effective with respect to base years after the base year ending December 31, 1957. The amendments made by clauses (4) and (5) of section 306 [amending section 358 of this title, increasing the contribution rates for compensation paid after May, 1959] and clause (1) of section 307 [amending section 358 of this title, 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].”

Effective Date of 1958 Amendment

Puspan. L. 85–927, pt. II, § 207, Sept. 6, 1958, 72 Stat. 1783, provided that:

“(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 June 30, 1958.

“(span) The amendments made by section 202 [amending section 354 of this title] shall be effective with respect to days in benefit years after the benefit year ending on June 30, 1958.

“(c) The remaining amendments made by this part [amending this section, sections 358, 361, 362 of this title, and section 1104 of Title 42, The Public Health and Welfare] shall be effective, except as otherwise indicated therein, on the date of the enactment of this Act [Sept. 6, 1958].”

Effective Date of 1954 Amendment

Act Aug. 31, 1954, ch. 1164, pt. IV, §§ 401, 402, 68 Stat. 1042, provided that:

“Sec. 401. The amendments made by this Act [enacting section 228s–1 of this title, amending this section, sections 228a, 228span, 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 July 1, 1954, except as otherwise provided.

“Sec. 402. The provisions of sections 1, 205, and 301 of this Act [amending this section, section 228a of this title, and section 1532 of the Internal Revenue Code of 1939] shall be effective with respect to compensation paid on and after April 1, 1954.”

Effective Date of 1951 Amendment

Act Oct. 30, 1951, ch. 632, § 28, 65 Stat. 691, provided that: “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 January 1, 1952.”

Effective Date of 1946 Amendments

Amendment by sections 1 and 2 of act July 31, 1946, effective July 31, 1946, see section 401 of act July 31, 1946.

Amendment by sections 301 to 304 of act July 31, 1946, effective as of July 1, 1947, see section 403 of act July 31, 1946, set out as a note under section 352 of this title.

Effective Date of 1942 Amendment

Act Apr. 8, 1942, ch. 227, § 15, 56 Stat. 211, provided in part that: “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 June 25, 1938: Provided, however, 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 [section 358 of this title] with respect to the compensation of employees of any local lodge or division of a railway-labor-organization employer earned prior to July 1, 1940, 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.”

Effective Date of 1940 Amendment

Act Oct. 10, 1940, ch. 842, § 1, 54 Stat. 1094, provided: “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 section 262 of this title] shall take effect on November 1, 1940, 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 section 262 of this title] shall be effective as of July 1, 1940, and sections 19 and 20 [amending section 355 of this title] shall become effective upon the approval of this act: Provided, however, That—

“(a) A half-month which has begun prior to November 1, 1940, 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;

“(span) All benefit years current on October 31, 1940, shall terminate (1) on October 31, 1940, or (2) on the last day of a half-month which includes October 31, 1940 and November 1, 1940, whichever is later, and, for the purposes of section 2(c) of the Railroad Unemployment Insurance Act [section 352(c) of this title], as amended by this act, all benefits paid for unemployment in half-months begun subsequent to June 30, 1940, and prior to November 1, 1940, shall be deemed to have been paid for unemployment within the benefit year ending June 30, 1941;

“(c) Benefits for unemployment in the first registration period, beginning after October 31, 1940, of an employee who has, subsequent to June 30, 1940, completed a waiting period under section 3(span) of the Railroad Unemployment Insurance Act [section 353(span) of this title], shall be determined and computed as though such registration period were a subsequent registration period in the same benefit year.”

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

For purposes of this chapter, the term “compensation” shall not include the amount of any refund required under section 421 of Puspan. L. 100–360 [42 U.S.C. 1395span note], see section 10202 of Puspan. L. 101–239, set out as a note under section 1395span of Title 42, The Public Health and Welfare.