45 U.S.C. § 353 — Qualifying condition
submitted 88 years ago by ch. 680 to r/title-45-RAILROADS · 78 words · no verdicts yet
An employee is a "qualified employee" if the Board finds their base-year pay met a minimum level. That level is 2.5 times the monthly compensation base for that year. If they had no earlier pay, they also need pay in at least five months of that year.
This section sets the test for who counts as a "qualified employee*" for purposes of the law it belongs to.
The Board* must find that the employee's total pay for the base year* was at least 2.5 times the monthly compensation base* for the months of that base year. The monthly compensation* base itself is worked out under section 351(i) of this title.
There is one more requirement for someone who had no pay at all before that base year: the Board must also find that the employee had pay for at least five separate months during that base year.
An employee* shall be a “qualified employee” if the Board* finds that his compensation* with respect to the base year* will have been not less than 2.5 times the monthly compensation base* for months in such base year as computed under section 351(i) of this title, and, if such employee has had no compensation prior to such year, that he will have had compensation with respect to each of not less than five months in such year.
Source credit: (June 25, 1938, ch. 680, § 3, 52 Stat. 1097; June 20, 1939, ch. 227, § 10, 53 Stat. 845; Oct. 10, 1940, ch. 842, § 13, 54 Stat. 1097; July 31, 1946, ch. 709, § 308, 60 Stat. 737; May 15, 1952, ch. 290, § 2, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt. III, § 303, 68 Stat. 1041; Pub. L. 86–28, pt. III, § 304, May 19, 1959, 73 Stat. 31; Pub. L. 88–133, title III, § 301(a), Oct. 5, 1963, 77 Stat. 222; Pub. L. 90–257, title II, § 203, Feb. 15, 1968, 82 Stat. 24; Pub. L. 94–92, title I, § 1(f), Aug. 9, 1975, 89 Stat. 463; Pub. L. 98–76, title IV, § 411(a)(2), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100–647, title VII, § 7202(a), Nov. 10, 1988, 102 Stat. 3776.)
- 1938Enacted · Act of June 25, 1938, ch. 680 · 52 Stat. 1097
- 1939Amended · Act of June 20, 1939, ch. 227 · 53 Stat. 845
- 1940Amended · Act of Oct. 10, 1940, ch. 842 · 54 Stat. 1097
- 1946Amended · Act of July 31, 1946, ch. 709 · 60 Stat. 737
- 1952Amended · Act of May 15, 1952, ch. 290 · 66 Stat. 73
- 1954Amended · Act of Aug. 31, 1954, ch. 1164 · 68 Stat. 1041
- 1959Amended · Pub. L. 86-28 · 73 Stat. 31
- 1963Amended · Pub. L. 88-133 · 77 Stat. 222
- 1968Amended · Pub. L. 90-257 · 82 Stat. 24
- 1975Amended · Pub. L. 94-92 · 89 Stat. 463
- 1983Amended · Pub. L. 98-76 · 97 Stat. 436
- 1988Amended · Pub. L. 100-647 · 102 Stat. 3776
A history note hasn’t been published yet. The record shows enactment by ch. 680 on 1938-06-25.
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