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SEO. 12. Section 6 of said Act is hereby amended to read as follows:

"SEO. 6. Employers shall file with the Board, in such manner and at such times as the Board by regulations may prescribe, returns under oath of monthly compensation of employees, and, if the Board shall so require, shall distribute to employees annual statements of compensation prepared by the Board: Provided, That no returns shall be required of employers which would duplicate information contained in similar returns required under any other Act of Congress administered by the Board. Any such return shall be conclusive as to the amount of compensation earned by an employee during the period covered by the return, and the fact that no return was made of the compensation claimed to be earned by an employee during a particular period shall be taken as conclusive that no compensation was earned by such employee during that period, unless the error in the amount of compensation returned in the one case, or failure to make return of the compensation in the other case, is called to the attention of the Board within eighteen months after the date on which the last return covering any portion of the calendar year which includes such period is required to have been made.”

SEC. 13. Subsection (a) of section 10 of said Act is hereby amended by striking out “2 (g)” and substituting “2 (f)" therefor.

SEC. 14. The second paragraph of subsection (b) of section 11 of said Act is hereby amended by striking out the comma after the words "of administering this Act” and by striking out the words "including personal services in the District of” and substituting therefor a period and the words “Such advance shall be repaid from the fund at”.

Seo. 15. Subsection (c) of section 11 of said Act is hereby amended by striking out the period after the words "administering this Act" and by striking out the words “Such advance shall be repaid from the fund at” and substituting therefor a comma and the words "including personal services in the District of”.

Sec. 16. Subsection (g) of section 12 of said Act is hereby amended by inserting after the word “eligible” a comma and the words “with respect to unemployment after June 30, 1939," and by striking out the words “after June 30, 1939".

Sec. 17. Subsection (d) of section 13 of said Act is hereby amended by striking out the word “unemployment-compensation” before the word “account” in the first paragraph of said section, and substituting therefor the words “unemployment insurance”, and by striking out the word "compensation” before the word “account” in the second paragraph of said section and substituting therefor the word "insurance".

SEC. 18. Subsection (c) of section 303 of the Social Security Act as added by subsection (g) of section 13 of said Railroad Unemploy. ment Insurance Act is hereby amended by striking out the word "employment” and substituting therefor the word "unemployment”.

SEC. 19. Section 15 of said Act is hereby amended to read as follows:

“Sec. 15. The restrictions in the second sentence of section 3 (b) and in section 4 (a) (v) of this Act, insofar as they involve the receipt of unemployment benefits under an unemployment compensation law of any State, shall not be applicable to any day of unemployment which occurs after June 15, 1939, but before July 1, 1939."

Sec. 20. Subsection (n) of section 1 of said Act is hereby amended to read as follows:

"(n) The term 'benefit year', with respect to any employee, means the twelve-months period which begins with the first day of the first half-month containing days of unemployment for which benefits are payable to him, and thereafter the twelve-months period which begins with the first day of the first half-month, after the termination of his last preceding benefit year, containing days of unemployment for which benefits are payable to him.”

Sec. 21. Section 2 of said Act is hereby further amended by adding thereto the following subsections:

"(g) 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 individuals to whom any death benefit that may be payable under the provisions of section 5 of the Railroad Retirement Act of 1937 or any accrued annuities under section 3 (f) of the Railroad Retirement Act of 1937 are paid; and in the event that no death benefit or accrued annuity is so paid, such benefits accrued under this Act shall be paid as though this subsection had not been enacted."

Sec. 22. The provisions of the Railroad Unemployment Insurance Act, as herein amended, shall be in full force and effect notwithstanding the enactment of the Internal Revenue Code.

Approved, June 20, 1939.

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(PUBLIO— No. 725—76TH CONGRESS]
[CHAPTER 530—30 SESSION]

(H. R. 10009)

AN ACT To amend section 13 (d) of the Railroad Unemployment Insurance Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (d) of section 13 of the Railroad Unemployment Insurance Act, as amended, is hereby amended by striking the period at the end of the last sentence of said subsection, inserting a colon, and adding the following: “Provided, however, That if the Social Security Board finds with respect to any State that such State (1) is unable to avail itself of such conditions solely by reason of prohibitions contained in the constitution of such State, as determined by a decision of the highest court of such State declaring invalid in whole or in part the action of the legislature of the State purporting to provide for transfers from the State's account in the Unemployment Trust Fund to the railroad unemployment insurance account, and (2) for similar reasons is unable to use amounts withdrawn from its account in the Unemployment Trust Fund for the payment of expenses incurred in the administration of its State unemployment compensation law, the Social Security Board shall not begin to withhold from certification to the Secretary of the Treasury for payment to such State the amounts determined by it pursuant to section 302 of the Social Security Act and to certify to the Secretary of the Treasury for payment into the railroad unemployment insurance account the amount so withheld from such State until July 1, 1912, and then only if the Social Security Board finds that such State had not prior thereto effectively authorized and directed the Secretary of the Treasury to transfer from such State's account in the Unemployment Trust Fund to the railroad unemployment insurance account amounts equal to such State's 'preliminary amount' and 'liquidating amountless such parts thereof, if any, as the State may have, within the periods set forth in the provisos contained in the first two paragraphs of this subsection, effectively authorized and directed the Secretary of the Treasury so to transfer, plus interest on such difference, if any, with respect to each amount at 212 per centum per annum from the date the State's 'preliminary amount or 'liquidating amount', as the case may be, is determined by the Social Security Board ; and with respect to any such State the amount withheld shall equal the State's 'preliminary amount' and liquidating amount less such parts thereof, if any, as the State may have, within the periods set forth in the provisos contained in the first two paragraphs of this subsection effectively authorized and directed the Secretary of the Treasury to transfer, plus interest from July 1, 1939, at 21/2 per centum per annum on so much of the 'preliminary amount' and liquidating amount', as the case may be, as has not been so transferred or has not been used as the measure for withholding." Approved, July 2, 1940.

(PUBLIC_No. 833—76TH CONGRESS)
[CHAPTER 842—3D SESSION)

(S. 3920)

AN ACT To amend the Railroad Unemployment Insurance Act, approved June 25, 1938,

as amended June 20, 1939, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this Act shall take effect on November 1, 1940, except that sections 2, 11, 25, 26, and 27 shall be effective as of July 1, 1940, and sections 19 and 20 shall become effective upon the approval of this Act: Provided, however, That

(a) A half-month which has begun prior to November 1, 1940, in accordance with the Railroad Unemployment Insurance Act and regulations thereunder, and which includes such date, shall continue, and benefits with respect thereto shall be computed and paid as if this Act had not been enacted;

(b) All benefit years current on October 31, 1940, shall terminate (1) on October 31, 1940, or (2) on the last day of a half-month which includes October 31, 1940 and November 1, 1940, whichever is later, and, for the purposes of section 2 (c) of the Railroad Unemployment Insurance Act, as amended by this Act, all benefits paid for unemployment in half-months begun subsequent to June 30, 1940, and prior to November 1, 1940, shall be deemed to have been paid for unemployment within the benefit year ending June 30, 1941;

(c) Benefits for unemployment in the first registration period, beginning after October 31, 1940, of an employee who has, subsequent to June 30, 1910, completed a waiting period under section 3 (b) of the Railroad Unemployment Insurance Act, shall be determined and computed as though such registration period were a subsequent registration period in the same benefit year.

SEC. 2. Subsection (g) of section 1 of the Railroad Unemployment Insurance Act, approved June 25, 1938 (52 Stat. 1094), as amended June 20, 1939 (53 Stat. 845), is hereby amended by adding thereto the following sentence: "For the purposes of determining eligibility for and the amount of benefits and the amount of contributions due pursuant to this Act, 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.”

SEC. 3. Subsection (h) of section 1 of said Act is hereby amended to read as follows:

(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 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.

Sec. 4. Subsection () of section 1 of said Act is hereby amended by inserting between the first and second sentences thereof the following: “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.”

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 'subsidi. ary 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 one dollar 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 employ. ment 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 transferred to follow the subsection relettered as “(m)”, and is amended to read as follows:

“(n) The term 'base year' means the completed 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:

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