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45 U.S.C. § 356Returns of compensation; conclusiveness; failure to make

submitted 88 years ago by ch. 680 to r/title-45-RAILROADS · 227 words · no verdicts yet

in plain englishAI-generated · not legal advice

Employers must send the Board reports on employee pay, in the manner and at the times the Board sets. Employers may also need to give employees yearly pay statements if the Board requires it. The Board's pay records decide eligibility and benefit amounts, unless an error is flagged within eighteen months.

Employers must file returns with the Board reporting how much compensation they paid their employees. They must file in whatever manner and at whatever times the Board's regulations prescribe. If the Board requires it, employers must also distribute yearly statements of compensation to their employees. Employers don't have to file returns that would duplicate information already required in similar returns under any other Act of Congress that the Board administers. The Board's record of the compensation reported this way is treated as conclusive, for purposes of deciding eligibility for and the amount of benefits, on two points: first, it conclusively establishes the amount of compensation paid to an employee during the period the return covers; and second, if the Board's records show no return was filed for compensation an employee claims was paid during a particular period, that is taken as conclusive proof no compensation was paid during that period. This conclusive treatment doesn't apply if an error in the reported compensation amount, or a failure to make or record a return, is brought to the Board's attention within eighteen months after the date the last return covering any part of that calendar year was due.
the actual law source: uscode.house.gov ↗public domain

Employers shall file with the Board, in such manner and at such times as the Board by regulations may prescribe, returns of compensation of employees, and, if the Board shall so require, shall distribute to employees annual statements of compensation: Provided, That no returns shall be required of employers which would duplicate information contained in similar returns required under any other Act of Congress administered by the Board. The Board’s record of the compensation so returned shall, for the purpose of determining eligibility for and the amount of benefits, be conclusive as to the amount of compensation paid to an employee during the period covered by the return, and the fact that the Board’s records show that no return was made of the compensation claimed to have been paid to an employee during a particular period shall, for the purposes of determining eligibility for and the amount of benefits, be taken as conclusive that no compensation was paid to such employee during that period, unless the error in the amount of compensation in the one case, or failure to make or record return of the compensation in the other case, is called to the attention of the Board within eighteen months after the date on which the last return covering any portion of the calendar year which includes such period is required to have been made.

Source credit: (June 25, 1938, ch. 680, § 6, 52 Stat. 1101; June 20, 1939, ch. 227, § 12, 53 Stat. 847; Oct. 10, 1940, ch. 842, § 21, 54 Stat. 1099; July 31, 1946, ch. 709, § 317, 60 Stat. 739; Pub. L. 89–700, title II, § 203, Oct. 30, 1966, 80 Stat. 1087.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of June 25, 1938, ch. 680 · 52 Stat. 1101
  • 1939Amended · Act of June 20, 1939, ch. 227 · 53 Stat. 847
  • 1940Amended · Act of Oct. 10, 1940, ch. 842 · 54 Stat. 1099
  • 1946Amended · Act of July 31, 1946, ch. 709 · 60 Stat. 739
  • 1966Amended · Pub. L. 89-700 · 80 Stat. 1087

A history note hasn’t been published yet. The record shows enactment by ch. 680 on 1938-06-25.

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