2011 US Code
Title 45 - Railroads
Chapter 11 - RAILROAD UNEMPLOYMENT INSURANCE (§§ 351 - 369)
Section 353 - Qualifying condition
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 45 - RAILROADS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 45 - RAILROADS CHAPTER 11 - RAILROAD UNEMPLOYMENT INSURANCE Sec. 353 - Qualifying condition |
Contains | section 353 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | June 25, 1938, ch. 680, §3, 52 Stat. 1097; June 20, 1939, ch. 227, §10, 53 Stat. 845; Oct. 10, 1940, ch. <!-- PDFPage:111 -->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. |
Statutes at Large References | 52 Stat. 1097 53 Stat. 845 54 Stat. 1097 60 Stat. 737 66 Stat. 73 68 Stat. 1041 73 Stat. 31 77 Stat. 222 82 Stat. 24 89 Stat. 463 97 Stat. 436 102 Stat. 3776 |
Public Law References | Public Law 86-28, Public Law 88-133, Public Law 90-257, Public Law 94-92, Public Law 98-76, Public Law 100-647 |
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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.
(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.)
Amendments1988—Pub. L. 100–647 inserted “with respect to the base year” after “his compensation” and substituted “2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title” for “$1,500 with respect to the base year”.
1983—Pub. L. 98–76 substituted “$1,500” for “$1,000”.
1975—Pub. L. 94–92 substituted “five” for “seven” months.
1968—Pub. L. 90–257 substituted “$1,000” for “$750”.
1963—Pub. L. 88–133 increased from $500 to $750 the amount of compensation in a base year required to qualify for benefits and provided that if employee has had no compensation prior to such year he will have had compensation with respect to each of not less than 7 months in such year.
1959—Pub. L. 86–28 substituted “$500” for “$400”.
1954—Act Aug. 31, 1954, substituted “$400” for “$300”.
1952—Act May 15, 1952, substituted “$300” for “$150” to conform to the new table of daily benefit rates as set out in section 352 of this title.
1946—Act July 31, 1946, changed section to relate to compensation paid instead of compensation earned during a year.
1940—Act Oct. 10, 1940, reorganized structure by striking out designations for subsecs. “(a)” and “(b)” and, as so restructured, provisions of former subsec. (a) became entire section and defined “qualified employee” and provisions of former subsec. (b), which related to the employee's waiting period, were omitted.
1939—Subsec. (b). Act June 20, 1939, substituted provisions relating to half-months as the waiting period, for provisions relating to fifteen consecutive days of unemployment or two half months.
Effective Date of 1988 AmendmentSection 7202(b) of Pub. L. 100–647 provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Nov. 10, 1988].”
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–76 applicable to compensation paid for services rendered after Dec. 31, 1983, see section 411(b) of Pub. L. 98–76, set out as a note under section 351 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 94–92 effective for services rendered after Dec. 31, 1973, see section 2 of Pub. L. 94–92, set out as a note under section 351 of this title.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–257 effective with respect to base years beginning in calendar years after December 31, 1966, except that with respect to the base year in calendar year 1967 such amendments not to be applicable to an employee whose compensation with respect to that base year was not less than $750 but was less than $1,000, see section 208 of Pub. L. 90–257, set out as a note under section 352 of this title.
Effective Date of 1963 AmendmentSection 301(b) of Pub. L. 88–133 provided that: “The amendment made by subsection (a) [amending this section] shall be fully effective with respect to base years after 1963. With respect to the base year 1963, they shall be applicable only to an employee concerning whom the Railroad Retirement Board finds that his compensation in that portion of the calendar year 1963 preceding the first day of the calendar month next following the month of enactment of this Act [October 1963] will have been less than $500.”
Effective Date of 1959 AmendmentAmendment by Pub. L. 86–28 effective with respect to base years after the base year ending Dec. 31, 1957, see section 309 of Pub. L. 86–28, set out as a note under section 351 of this title.
Effective Date of 1954 AmendmentAmendment by act Aug. 31, 1954, effective July 1, 1954, see section 401 of act Aug. 31, 1954, set out as a note under section 351 of this title.
Effective Date of 1952 AmendmentAmendment by act May 15, 1952, effective with respect to benefit years beginning on and after July 1, 1952, see section 3 of act May 15, 1952, set out as a note under section 352 of this title.
Effective Date of 1946 AmendmentAmendment by act July 31, 1946, effective 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 1940 AmendmentFor effective date of amendment by act Oct. 10, 1940, see section 1 of act Oct. 10, 1940, set out as a note under section 351 of this title.
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