14 consecutive days beginning with the first day with respect to which a statement of sickness is filed in his behalf; and thereafter each period of 14 consecutive days beginning with the first day, with respect to which a statement of sickness is filed in his behalf, occurring after the end of his last preceding registration period begun with a day with respect to which a statement of sickness was filed in his behalf: Provided, however, That each of the successive 14-day periods in an extended sickness benefit period shall constitute a registration period.

[Board Order 67-72, 33 FR 11116, Aug. 6, 1968]

Subpart B-Claiming Maternity Benefits

NOTE: Applicable only with respect to days prior to July 1, 1968. Pub. L. 90-257. [Board Order 68-72, 33 FR 11116, Aug. 6, 1968]

§ 335.201 Statutory provisions.

the term "statement of maternity sickness" means a statement with respect to a maternity period of a female employee, *** executed in such manner and form by an individual duly authorized pursuant to section 12(i) to execute such statements, and filed as the Board may prescribe by regulations. (Section 1(7)(1) of the act prior to amendment, and redesignation as section 1()(2), by Pub. L. 90-257).

(See sections 1(k), 5(a), and 12(i) of the act, quoted in § 335.101.)

§ 335.202 Manner of claiming maternity benefits.

To claim maternity benefits a female employee shall (a) on the form provided by the Board for making application for maternity benefits, furnish the information required by such form, and mail the form, properly executed, to an office of the Board, together with a statement of maternity sickness executed in accordance with the provisions of § 335.203; and (b) on forms sent her by the Board for making claims for maternity benefits, furnish the information required by such forms, and mail the forms, properly executed, to an office of the Board. If the statement of maternity

sickness filed by an employee does not provide evidence of the actual date of birth of her child, the employee shall also mail to an office of the Board a supplement to such statement of maternity sickness, executed in accordance with the provisions of § 335.203 and providing such evidence.

§ 335.203 Execution of statement of maternity sickness and supplement.

A statement of maternity sickness, and any supplement thereto which may be required, shall be executed by an individual who is qualified, under § 335.103, to execute a statement of sickness. Such individual shall execute the statement of maternity sickness, and any supplement thereto which may be required, on the form provided by the Board, and shall furnish the information required by such form.

§ 335.204 Filing statement of maternity sickness and supplement and claim for maternity benefits.

(a) Time for filing statement of maternity sickness. No day shall be considered a day of sickness in a maternity period with respect to a female employee unless a statement of maternity sickness is filed in her behalf at an office of the Board within 10 days. For example, if a female employee wishes to claim November 1 as her first day of sickness in a maternity period, the statement of maternity sickness must reach the Board not later than November 10. If the statement is received on November 11, the employee cannot be paid benefits for November 1.

(b) Additional requirement for days after birth of child. No day after the birth of a female employee's child shall be considered a day of sickness in a maternity period with respect to such employee unless a statement of maternity sickness, which shall provide evidence of the actual date of birth of the child, or a supplement to a statement of maternity sickness providing such evidence, is filed in her behalf at an office of the Board within 10 days after whichever is the later of (1) the last day of a registration, including such day or (2) the day the proper form was mailed to the employ

ee.

(c) Time for filing claim for maternity benefits. No day shall be considered a day of sickness in a maternity period with respect to a female employee unless a claim for maternity benefits with respect to a registration period including such day is filed by or in behalf of the employee at an office of the Board within 10 days after whichever is the later of (1) the last day of the registration period shown on the claim form or (2) the day such claim form was mailed to the employee.

(d) Requirements in event of failure to file claim for maternity benefits. No day subsequent to any registration period with respect to which a female employee has failed to file a claim for maternity benefits within the time prescribed in paragraph (c) of this section shall be considered a day of sickness in a maternity period with respect to such employee unless such employee (1) notifies the Board within a reasonable time of such day that she wishes to claim such day and (2) files the form sent her by the Board within the time prescribed in paragraph (c) of this section.

(e) When form considered filed. A form shall be considered filed within the time prescribed with regard to it in paragraphs (a), (b), or (c) of this section if (1) the form was received at an office of the Board within the prescribed time; (2) the form was mailed to an office of the Board within the time specified in the instructions on the form, and was received there; (3) the employee made such effort to file the form within the prescribed time as a reasonable person could be expected to make in the same situation, but was prevented from doing so by circumstances beyond her control, and the form was received at an office of the Board within a reasonable time after the circumstances which had prevented the employee from filing the form were removed; (4) the employee registered for the day in question under § 325.12 of this chapter, but her claim for such day as a day of unemployment was denied on the ground that she was not available for work or was not able to work on such day, and the form was received at an office of the Board within a reasonable time; or (5) the employee claimed sickness benefits

for the day ir question under Subpart A of this part, and the form was received at an office of the Board within a reasonable time: Provided, however, That a form may not in any event be considered filed within the time prescribed with regard to it in paragraph (a), (b) or (c) of this section unless it is received at an office of the Board within two years of the day in question.

[12 FR 4667, July 15, 1947, as amended by Board Order 53-23, 18 FR 853, Feb. 12, 1953]

§ 335.205 Registration period.

(a) First day. For the purposes of the regulations in this subpart, the first day of a registration period, with respect to any female employee, is the first day which is included in her maternity period and in a benefit year in which she is a qualified employee, and thereafter the first day in her maternity period occurring after the end of her last preceding registration period begun with a day in her maternity period.

(b) Last day. For the purposes of the regulations in this subpart, the last day of a registration period, with respect to any female employee, is the thirteenth day after the first day of such registration period: Provided, however, That if any of the following days occurs in the period of 14 consecutive days beginning with the first day of a registration period, such registration period shall end with the first of such days so occurring: (1) The fourteenth day of the maternity period; (2) the day of birth of the employee's child; (3) the fourteenth day after the day of birth of the employee's child, or (4) the last day of the maternity period.

Subpart C-Death of Employee

§ 335.301 Statutory provisions.

Benefits accrued to an individual but not yet paid at death shall, upon certification by the Board, be paid, without necessity of filing further claims therefor, to the same individual or individual to whom any accrued annuities under section 3(f)(1) of the Railroad Retirement Act of 1937 are paid.

In the event that no such accrued annuities are paid, and if application for such accrued benefits is filed prior to the expiration of 2 years after the death of the individual to whom such benefits accrued, such accrued benefits shall be paid, upon certification by the Board, to the individual or individuals who would be entitled thereto under section 3(f)(1) of the Railroad Retirement Act of 1937 if such accrued benefits were accrued annuities. If there is no individual to whom all or any part of such accrued benefits can be paid in accordance with the foregoing provisions, such benefits or part thereof shall escheat to the credit of the account. (Section 2(g) of the act.) [Board Order 68-72, 33 FR 11116, Aug. 6, 1968]

§ 335.302 Death of employee before filing of form.

If an employee dies before the filing of any one or more of the forms which under the provisions of Subpart A or Subpart B of this part, are required to be filed by or in behalf of such employee, such form or forms may be filed by or in behalf of the individual or individuals to whom benefits accrued to such employee, but not yet paid at death, would be payable in accordance with the provisions of section 2(g) of the act. Such form or forms shall be filed within the time prescribed in § 335.104 or § 335.204 and in such cases the word "employee" as last used in §§ 335.104(b) and 335.204(b) and (c), and as used in §§ 335.104(d)(3) and 335.204(e)(3), shall include the individual or individuals by or in behalf of whom the form is filed.

[Board Order 48-113, 13 FR 2837, May 27, 1948]

If the employee's "years of service" total

10 and less than 15

15 and over...

PART 336-EXHAUSTION OF RIGHTS TO BENEFITS

Sec.

336.1 Statutory provisions.

336.2 Exhaustion of rights to unemployment benefits.

336.3 Exhaustion of right to benefits within meaning of Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961.

336.4 Exhaustion of rights to sickness

benefits.

AUTHORITY: Sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. 362.

SOURCE: Board Order 59-131, 24 FR 5019, June 20, 1959; 24 FR 5118, June 23, 1959, unless otherwise noted.

§ 336.1 Statutory provisions.

Section 2(c) of the Railroad Unemployment Insurance Act, as amended, provides that:

with respect to an employee who has 10 or more years of service as defined in section 1(f) of the Railroad Retirement Act of 1937, who did not voluntarily retire and (in a case involving exhaustion of rights to benefits for days of unemployment) did not voluntarily leave work without good cause, and who had current rights to normal benefits for days of unemployment or days of sickness in a benefit year but has exhausted such rights, the benefit year in which such rights are exhausted shall be deemed not to be ended until the last days of the extended benefit period determined under the following schedule, and the maximum number of days of, and amount of payment for, unemployment or sickness (depending on the type of benefit rights exhausted) within such benefit year for which benefits may be paid to the employee shall be enlarged to include all compensable days of unemployment or days of sickness, as the case may be, within such extended benefit period:

7 (but not more than 65 days). 13.

Section 303(b) of Pub. L. 86-28, 73 Stat. 31, provides that:

An employee who has less than ten years of service as defined in section 1(f) of the Railroad Retirement Act of 1937, and who has after June 30, 1957, and before April 1, 1959. exhausted (within the meaning prescribed by the Railroad Retirement Board by regulation) his rights to unemployment benefits, shall be paid unemployment benefits for days of unemployment, not exceeding sixty-five, which occur in registration periods beginning on or after June 19, 1958, and before July 1, 1959, 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

Section 2 of the Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961 provides that:

An employee as defined in the Railroad Unemployment Insurance Act 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 Act, which occur in registration periods, as defined in the Railroad Unemployment Insurance Act, beginning on or after [April 8, 1961] the fifteenth day after the date of enactment of the Temporary Extended Unemployment Compensation Act of 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

[Board Order 59-131, 24 FR 5019, June 20, 1959, as amended by Board Order 61-50, 26 FR 3607, Apr. 27, 1961; Board Order 68-72, 33 FR 11116, Aug. 6, 1968]

§ 336.2 Exhaustion of rights to unemployment benefits.

An employee shall be deemed to have exhausted his current rights to normal benefits for days of unemployment, within the meaning of Section 2(c) of the Railroad Unemployment Insurance Act, and to have exhausted his rights to unemployment benefits, within the meaning of Section 303(b) of Pub. L. 86-28, 73 Stat. 31, if:

(a) He has received unemployment benefits for 130 days of unemployment in the benefit year, or

(b) He has received unemployment benefits in the benefit year equal to his base-year compensation, or

(c) At the end of a normal benefit year during which he was qualified for benefits he has received less than the maximum unemployment benefits for the benefit year and he is not qualified for benefits in the next succeeding benefit year.

[Board Order 59-131, 24 FR 5019, June 20, 1959; 24 FR 5118, June 23, 1959, as amended by Board Order 68-72, 33 FR 11116, Aug. 6, 1968]

§ 336.3 Exhaustion of right to benefits within meaning of Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961.

An employee shall be deemed to have exhausted his right to unemployment benefits under the Railroad Unemployment Insurance Act after June 30, 1960, and before April 1, 1962, within the meaning of the Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961, if:

(a) He has exhausted his current rights to normal benefits for days of unemployment in accordance with § 336.2(a) or (b), an extended benefit period is not established under section 2(c) of the Railroad Unemployment Insurance Act because he has less than ten years of service or because he voluntarily left work without good cause or voluntarily retired, and the last day for which unemployment

benefits were paid is after June 30, 1960, and before April 1, 1962; or

(b) He has exhausted his current rights to normal benefits for days of unemployment in accordance with § 336.2(c), an extended benefit period is not established under section 2(c) of the Railroad Unemployment Insurance Act because he has less than ten years of service or because he voluntarily left work without good cause or voluntarily retired, and the last day of the benefit year, or the last day in the benefit year for which unemployment benefits were paid, whichever is later, is after June 30, 1960, and before April 1, 1962; or

(c) An extended benefit period established under section 2(c) of the Railroad Unemployment Insurance Act in his case has ended, he has no current rights to normal benefits for days of unemployment, and the last day of the extended benefit period is after June 30, 1960, and before April 1, 1962;

or

(d) Benefits have been held to be payable for 65 days in an extended benefit period of seven registration periods established under section 2(c) of the Railroad Unemployment Insurance Act in his case, and the last day for which benefits are payable is before the last day of the extended benefit period and is after June 30, 1960, and before April 1, 1962.

[Board Order 61-50, 26 FR 3607, Apr. 27, 1961, as amended by Board Order 61-113, 26 FR 6270, July 13, 1961]

§ 336.4 Exhaustion of rights to sickness

benefits.

An employee shall be deemed to have exhausted his current rights to normal benefits for days of sickness, within the meaning of section 2(c) of the Act, if:

(a) He has received sickness benefits for 130 days of sickness in the benefit year, or

(b) He has received sickness benefits in the benefit year equal to his baseyear compensation, or

(c) At the end of a normal benefit year during which he was qualified for benefits he has received less than the maximum sickness benefits for the benefit year and he is not qualified for

§ 337.1 Statutory provisions.

(a) Section 2(c) of the Railroad Unemployment Insurance Act provides, in part, that:

with respect to an employee who has less than ten years of service as defined in section 1(f) of the Railroad Retirement act of 1974, who did not voluntarily retire and did not voluntarily leave work without good cause, and who had current rights to normal benefits for days of unemployment in a benefit year but has exhausted such rights, the maximum number of days of, and amount of payment for, unemployment within such benefit year (as extended by the provisions of paragraph (h) of this section) for which benefits may be paid shall be enlarged, but not by more than sixty-five days, to include all compensable days of unemployment within an extended benefit period determined pursuant to the provisions of paragraph (h) of this section, but the total amount of benefits which may be paid to an employee for days of unemployment within such extended benefit period shall in no case exceed 50 per centum of the employee's compensation in the base year

(b) Section 2(h) of the Act provides, in part, that:

(1) For purposes of the second proviso of paragraph (c) of this section, an extended benefit period, with respect to an employee, shall begin on the first day of unemployment within a period of high unemployment following the day on which the employee exhausted his then current rights to normal benefits for unemployment and shall continue for seven successive fourteen-day peri