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U.S. Code as of:
01/19/04
Section 351. Definitions
For the purposes of this chapter, except when used in amending
the provisions of other Acts -
(a) 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: Provided, however, 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 [45 U.S.C. 151 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" (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) of this section only if he was in the service of a
carrier on or after August 29, 1935. The term "employee" includes
an officer of an employer.
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.
(e) 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: Provided, however, 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: Provided further, 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) 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) of this section who before or after August 29, 1935,
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 [45 U.S.C. 151 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) 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 June 30, 1940, 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 [45 U.S.C. 231 et seq.].
(h) 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.
The 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 section 352(a) of this title) 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 section 352(a) of this title) 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 section 352(a) of this title)
is filed in his behalf.
(i)(1) In General. - The 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 (!1) of title VII of
the Regional Rail Reorganization Act of 1973 [45 U.S.C. 797] and
any termination allowance paid under section 702 of that Act [45
U.S.C. 797a], but does not include any other benefits payable under
that title [45 U.S.C. 797 et seq.]. The total amount of any
subsistence allowance payable under a benefit schedule provided
pursuant to section 701 (!1) 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 section 1101(a)(15) of title 8 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 section 356 of this title, 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 January 1, 1984;
(ii) of $600 for calendar months after December 31, 1983 and
before January 1, 1989; and
(iii) computed under subparagraph (B) for months after
December 31, 1988.
(B) Computation. -
(i) In general. - The amount of the monthly compensation base
for each calendar year beginning after December 31, 1988, is
the greater of -
(I) $600; or
(II) the amount, as rounded under clause (iii) if
applicable, computed under the formula:
B=600 ( 1+ (( A - 37,800) / 56,700))
(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) "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
section 3231(e)(2) of title 26.
(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) Subject to the provisions of section 354 of this title (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: Provided, however, 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: Provided further, 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: Provided
further, 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.
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.
(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) 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 section
362(i) of this title 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) The term "employment office" means a free employment office
operated by the Board, or designated as such by the Board pursuant
to section 362(i) of this title.
(p) The term "account" means the railroad unemployment insurance
account established pursuant to section 360 of this title in the
unemployment trust fund.
(q) The term "fund" means the railroad unemployment insurance
administration fund, established pursuant to section 361 of this
title 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.
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