45 U.S.C. § 401 — Payment of compensation; eligibility; duration; maximum aggregate amount payable; duplication of benefits; application of railroad unemployment insurance provisions
submitted 65 years ago by Pub. L. 87-7 to r/title-45-RAILROADS · 392 words · no verdicts yet
Railroad employees who exhausted their unemployment benefits between mid-1960 and early 1962 could get extra benefits under this chapter, for up to 65 days. These extra benefits are capped at 50% of what they were entitled to in the year they exhausted their rights, and total benefits under both laws can't exceed 195 times their daily benefit rate. A worker who claimed under the related Temporary Extended Unemployment Compensation Act of 1961 could not also claim under this section, and vice versa.
This section applies to an employee, as defined by the Railroad Unemployment Insurance Act, who used up all their rights to unemployment benefits under that Act — where "used up" means what the Railroad Retirement Board defines by regulation — sometime after June 30, 1960, and before April 1, 1962.
That employee must be paid unemployment benefits following the Railroad Unemployment Insurance Act's rules, for up to 65 days of unemployment. The total paid under this chapter cannot exceed 50% of the total unemployment benefits the employee could have received in the benefit year when they last exhausted their rights, counting up to their first claim under this chapter. The days covered must fall in registration periods (as the Railroad Unemployment Insurance Act defines them) starting on or after the 15th day after the Temporary Extended Unemployment Compensation Act of 1961 was enacted (March 24, 1961) and before April 1, 1962. They must also be days the employee would not otherwise be entitled to receive Railroad Unemployment Insurance Act benefits for.
First proviso: an employee entitled to benefits under this section for a day before April 1, 1962, may still receive those benefits for days in registration periods beginning before July 1, 1962.
Second proviso: benefits under this chapter cannot be paid for any day of unemployment if adding that payment to all benefits already paid to the person under the Railroad Unemployment Insurance Act and this chapter, for earlier days in the same benefit year, would exceed 195 times the person's daily benefit rate for that year.
An employee who filed and established a first claim under the Temporary Extended Unemployment Compensation Act of 1961 cannot later file a claim under this section. Likewise, an employee who registered for and established a claim under this section cannot later file a claim under the Temporary Extended Unemployment Compensation Act of 1961.
Except where this section says otherwise, the Railroad Unemployment Insurance Act's provisions apply to administering this section.
An employee as defined in the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] who has, after June 30, 1960, and before April 1, 1962, exhausted (within the meaning prescribed by the Railroad Retirement Board by regulation) his right to unemployment benefits under the Railroad Unemployment Insurance Act, shall be paid unemployment benefits in accordance otherwise with the provisions of such Act for days of unemployment, not exceeding sixty-five, and not exceeding in the aggregate, an amount equal to 50 per centum of the total amount of unemployment benefits which were payable to him in the benefit year in which he last exhausted his rights before making his first claim under this chapter, which occur in registration periods, as defined in the Railroad Unemployment Insurance Act, beginning on or after the fifteenth day after the date of enactment of the Temporary Extended Unemployment Compensation Act of 1961 [March 24, 1961], and before April 1, 1962, and which would not be days with respect to which he would be held entitled otherwise to receive unemployment benefits under the Railroad Unemployment Insurance Act: Provided, That an employee entitled under this section to benefits for a day before April 1, 1962, may receive such benefits for days in registration periods which begin before July 1, 1962: Provided further, That payment of benefits otherwise provided for in this chapter shall not be made with respect to any individual for any day of unemployment to the extent that such payment, when added to the sum of the benefits under the Railroad Unemployment Insurance Act and under this chapter paid such individual with respect to prior days in the benefit year, would exceed one hundred and ninety-five times such individual’s daily benefit rate for such benefit year. An employee who has filed, and established, a first claim for benefits under the provisions of the Temporary Extended Unemployment Compensation Act of 1961, may not thereafter establish a claim under this section, and an employee who has registered for, and established, a claim under this section may not thereafter establish a claim under the provisions of the Temporary Extended Unemployment Compensation Act of 1961. Except to the extent inconsistent with this section, the provisions of the Railroad Unemployment Insurance Act shall be applicable in the administration of this section.
Source credit: (Pub. L. 87–7, § 2, Mar. 24, 1961, 75 Stat. 16.)
- 1961Enacted · Pub. L. 87-7 · 75 Stat. 16
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-7 on 1961-03-24.
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