H. R. 9706, H. R. 10082, and H. R. 10085 (All Identically Entitled) TO AMEND THE RAILROAD UNEMPLOYMENT JUNE 14, 17, AND JULY 8, 9, 1940 Printed for the use of the Committee on Interstate and Foreign Commerce Page 129 Harper, Fowler V., general counsel, Federal Security Agency, Wash- 144 Added statement submitted by. 11 Interposed remarks. 49, 51 Resumed, in rebuttal. 151 Memorandum upon section 20 of H. R. 9706. Interposed Latimer, Murray W., chairman, Railroad Retirement Board, Wash- Tabulations and statements submitted by- Latimer, Murray, Chairman, Railroad Retirement Board: ployment Insurance Act... Further comparisons-State laws and pending bills. First year's experience under Act. Parmelee, J. H., for Association of American Railroads: Average number of railroad employees, 1937-40 State laws compared with Crosser and Reece bills. From Brotherhood of Railroad Trainmen.. SEC. 5. Subsection (k) of section 1 of said Act is hereby amended to read as follows: "(k) Subject to the provisions of section 4 of this Act, 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: 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 $150: 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 second 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 first of such calendar days. "For the purpose of this subsection, the term 'subsidiary remuneration' means, with respect to any employee, remuneration not in excess of an average of $1 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." SEC. 6. Subsection (m) of section 1 of said Act is hereby amended by striking out the designation "(m)" and substituting "(1)" therefor. SEC. 7. Subsection (n) of section 1 of said Act is hereby amended to read as follows: "(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." SEC. 8. Subsection (1) of section 1 of said Act is hereby amended to read as follows: "(n) The term 'base year' means the calendar year immediately preceding the beginning of the benefit year.' SEC. 9. Subsection (a) of section 2 of said Act is hereby amended to read as follows: "(a) Benefits shall be payable to any qualified employee (as defined in section 3 of this Act) (i) for each day of unemployment in excess of seven during the first registration period, within a benefit year, in which he has seven or more days of unemployment; and (ii) for each day of unemployment in excess of four during any subsequent registration period beginning in the same benefit year. "The benefits payable to any such employee for each such day of unemployment shall be the amount appearing in the following table in column II on the line on which, in column I, appears the compensation-range containing the total amount of compensation payable to him with respect to employment in his base year: SEC. 10. Subsection (c) of section 2 of said Act is hereby amended to read as follows: "(c) The maximum number of days of unemployment within a benefit year for which benefits may be paid to an employee shall be one hundred except that if during the preceding benefit year he was a qualified employee and benefits were payable to him for less than one hundred days of unemployment, benefits may be paid for an additional number of days, not in excess of fifty, equal to the difference between one hundred and the number of days of unemployment in the preceding benefit year for which benefits were payable to him." SEC. 11. Subsection (d) of section 2 of said Act is hereby amended to read as follows: "(d) If the Board finds that at any time more than the correct amount of benefits has been paid to any individual under this Act or a payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940), recovery by adjustments in subsequent payments to which such individual is entitled under this Act or any other Act administered by the Board may, except as otherwise provided in this subsection, be made under regulations prescribed by the Board. If such individual dies before recovery is completed, recovery may be made by set-off or adjustments, under regulations prescribed by the Board, in subsequent payments due, under this Act or any other Act administered by the Board, to the estate, designee, next of kin, legal representative, or surviving spouse of such individual, with respect to the employment of such individual. "Adjustments under this subsection may be made either by deductions from subsequent payments or, with respect to payments which are to be made during a lifetime or lifetimes, by subtracting the total amount of benefits paid in excess of the proper amount from the actuarial value, as determined by the Board, of such payments to be made during a lifetime or lifetimes and recertifying such payments on the basis of the reduced actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recertification. "There shall be no recovery in any case in which more than the correct amount of benefits has been paid to an individual or payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940) who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be contrary to the purpose of this Act or would be against equity or good conscience. "No certifying or disbursing officer shall be held liable for any amount certified or paid by him in good faith to any person where the recovery of such amount is waived under the third paragraph of this subsection or has been begun but cannot be completed under the first paragraph of this subsection." SEC. 12. Subsection (f) of section 2 of said Act is hereby amended to read as follows: "(f) If (i) benefits are paid to any employee with respect to unemployment in any registration period, and it is later determined that remuneration is payable to such employee with respect to any period which includes days in such registration period which had been determined to be days of unemployment; and (ii) the person or company from which such remuneration is payable has, before payment thereof, notice of the payment of benefits upon the basis of days of unemployment included in such period, the remuneration so payable shall not be reduced by reason of such benefits but the remuneration so payable, to the extent to which benefits were paid upon the basis of days which had been determined to be days of unemployment and which are included in the period for which such remuneration is payable, shall be held to be a special fund in trust for the Board. The amount of such special fund shall be paid to the Board and in the collection thereof the Board shall have the same authority, and the same penalties shall apply, as are provided in section 8 of this Act with respect to contributions. The proceeds of such special fund shall be credited to the account. Such benefits, to the extent that they are represented in such a special fund which has been collected by the Board, shall be disregarded for the purposes of subsection (c) of this section." "SEC. 13. Section 3 of said Act is hereby amended to read as follows: "QUALIFYING CONDITION "SEC. 3. An employee shall be a 'qualified employee' if the Board finds that there was payable to him compensation of not less than $150 with respect to the base year. SEC. 14. Paragraph (ii) of subsection (a) of section 4 of said Act is hereby amended to read as follows: "(ii) any of the thirty days beginning with the day with respect to which the Board finds that he failed, without good cause, to accept suitable work available on such day and offered to him, or to comply with instructions from the Board requiring him to apply for suitable work or to report, in person or by mail as the Board may require, to an employment office;" |