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employer earned prior to the enactment of this amendment if, with respect to any such local lodge or division (1) the headquarters of such a local lodge or division was not located in the United States, or (2) all, or substantially all, the individuals constituting the membership of such a local lodge or division were employees of an employer not conducting the principal part of its business in the United States; and if, with respect to any such general committee (1) the individuals represented by such a general committee were employees of an employer not conducting the principal part of its business in the United States, or (2) the service to such a general committee was rendered outside the United States, or (3) the office or headquarters of the individual rendering service to such a general committee was not located in the United States and if such returns are made and such contributions are paid by such a local lodge or division or by such a general committee within the time allowed for making returns and paying contributions with respect to the first calendar quarter beginning after the enactment of this amendment.

Approved, April 8, 1942.

[PUBLIC LAW 376—78T2 CONGRESS)
(CHAPTER 305—2D SESSION)

(H. J. Res. 227)

JOINT RESOLUTION Extending the period for the acquisition by the Railroad Retirement Board of data needed in carrying out the provisions of the Railroad Retirement Acts.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That effective June 30, 1943, and notwithstanding any other provision of law, each employer subject to the Railroad Retirement Act of 1937, and each other company, association, or person who is in possession of data required by the Railroad Retirement Board to establish service and compensation prior to January 1, 1937, shall continue after June 30, 1943, to furnish reports with respect to such data to the Railroad Retirement Board currently as completed, and be compensated therefor, under the same terms and conditions and in the same manner as provided in Publio Resolution Numbered 102, Seventy-sixth Congress, third session, and with the same effect as though the data were furnished under that resolution, until such time as all data required have been furnished to the Board, or until such time as the unobligated balance in the special fund established by section 6 of such Public Resolution Numbered 102, which fund is hereby continued, has been fully obligated, but in no event later than June 30, 1945. Any unobligated balance remaining in the said special fund after all data required have been furnished to the Board or on June 30, 1945, whichever date is the earlier, shall revert to the railroad retirement account.

A red June 28, 1944.

(PUBLIC LAW 572—79TH CONGRESS)
(CHAPTER 709–2D SESSION)

(H. R. 1362]

AN ACT To amend the Railroad Retirement Acts, the Railroad Unemployment Insurance

Act, and subchapter B of chapter 9 of the Internal Revenue Code; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

subvices and propertion of whsuch servent of th

Division I SECTION 1. Section 1 (c) of the Railroad Retirement Act of 1937, section 1 (e) of the Railroad Unemployment Insurance Act, and section 1532 (d) of the Internal Revenue Code are each amended as follows: After the word “f” where it first appears therein insert “(i)” and for the phrase "which services he renders for compensation" substitute the following: "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", and for the purpose of continuing the amendment of the Railroad Retirement Act of 1937, only, add after the word "compensation" the following:“, or a method of computing the monthly compensation for such service is provided in section 3 (c)”. Said subsections are further amended by inserting at the end of the first proviso the following: “, 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”.

Séc. 2. Section 1 (h) of the Railroad Retirement Act of 1937 is amended by substituting for the words "earned by” the words "paid to”, and section 1 (i) of the Railroad Unemployment Insurance Act is amended by substituting for the word “payable” the word "paid”; and by inserting at the end of said section 1 (h) of the Railroad Retirement Act of 1937 and at the end of said section 1 (i) of the Railroad Unemployment Insurance Act, the following: “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 displacemenť to a

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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 tíme 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 8, the period during which such compensation will have been earned."; and in said section 1 (h), immediately after the word “earned” at the end of this insertion, insert the following additional language: “In determining the monthly compensation, the average monthly remuneration, and quarters of coverage of any employee, there shall be attributable as compensation paid to him in each calendar month in which he is in military service creditable under section 4 the amount of $160 in addition to the compensation, if any, paid to him with respect to such month."

SEC. 3. (a) Section 1500 of the Internal Revenue Code is amended to read as follows: "SEC. 1500. RATE OF TAX.

“In addition to other taxes, there shall be levied, collected, and paid upon the income of every employee a tax equal to the following percentages of so much of the compensation, paid to such employee after December 31, 1946, for services rendered by him after such date, as is not in excess of $300 for any calendar month:

“1. With respect to compensation paid during the calendar years 1947 and 1948, the rate shall be 534 per centum;

“2. With respect to compensation paid during the calendar years 1949, 1950, and 1951, the rate shall be 6 per centum;

53. With respect to compensation paid after December 31, 1951, the rate shall be 614 per centum.” (b) The second sentence of section 1501 (a) of the Internal Revenue Code is amended to read as follows: "If an employee is paid compensation after December 31, 1946, by more than one employer for services rendered during any calendar month after 1946 and the aggregate of such compensation is in excess of $300, the tax to be deducted by each employer other than a subordinate unit of a national railway-labor-organization employer from the compensation paid by him to the employee with respect to such month shall be that proportion of the tax with respect to such compensation paid by all such employers which the compensation paid by him after December 31, 1946, to the employee for services rendered during such month bears to the total compensation paid by all such employers after December 31, 1946, to such employee for services rendered during such month; and in the event that the compensation so paid by such employers to the employee for services rendered during such month is less than $300, each subordinate unit of a national railway-labor-organization employer shall deduct such pro

portion of any additional tax as the compensation paid by such employer after December 31, 1946, to such employee for services rendered during such month bears to the total compensation paid by all such employers after December 31, 1946, to such employee for services rendered during such month."

(c) Section 1510 of the Internal Revenue Code is amended to read as follows: "SEC. 1510. RATE OF TAX.

“In addition to other taxes, there shall be levied, collected, and paid upon the income of each employee representative a tax equal to the following percentages of so much of the compensation, paid to such employee representative after December 31, 1946, for services rendered by him after such date, as is not in excess of $300 for any calendar month:

“1. With respect to compensation paid during the calendar years 1947 and 1948, the rate shall be 1142 per centum;

“2. With respect to compensation paid during the calendar years 1949, 1950, and 1951, the rate shall be 12 per centum;

“3. With respect to compensation paid after December 31, 1951, the rate shall be 1212 per centum." (d) Section 1520 of the Internal Revenue Code is amended to read as follows: "SEC. 1520. RATE OF TAX.

"In addition to other taxes, every employer shall pay an excise tax, with respect to having individuals in his employ, equal to the following percentages of so much of the compensation, paid by such employer after December 31, 1946, for services rendered to him after December 31, 1936, as is, with respect to any employee for any calendar month, not in excess of $300: Provided, however, That if an employee is paid compensation after December 31, 1946, by more than one employer for services rendered during any calendar month after 1936, the tax imposed by this section shall apply to not more than $300 of the aggregate compensation paid to such employee by all such employers after December 31, 1946, for services rendered during such month, and each employer other than a subordinate unit of a national railway-labororganization employer shall be liable for that proportion of the tax with respect to such compensation paid by all such employers which the compensation paid by him after December 31, 1946, to the employee for services rendered during such month bears to the total compensation paid by all such employers after December 31, 1946, to such employee for services rendered during such month; and in the event that the compensation so paid by such employers to the employee for services rendered during such month is less than $300, each subordinate unit of a national railway-labor-organization employer shall be liable for such proportion of any additional tax as the compensation paid by such employer after December 31, 1946, to such employee for services rendered during such month bears to the total compensation paid by all such employers after December 31, 1946, to such employee for services rendered during such month:

"1. With respect to compensation paid during the calendar years 1947 and 1948, the rate shall be 534 per centum;

“2. With respect to compensation paid during the calendar years 1949, 1950, and 1951, the rate shall be 6 per centum;

“3. With respect to compensation paid after December 31, 1951, the rate shall be 614 per centum.” (e) Section 1532 (b) of the Internal Revenue Code is amended to read as follows:

“(b) EMPLOYEE.—The term 'employee' means any individual in the service of one or more employers for compensation: Provided, however, That the term 'employee' shall include an employee of a local lodge or division defined as an employer in subsection (a) only if he was in the service of or in the employment relation to a carrier on or after August 29, 1935. An individual shall be deemed to have been in the employment relation to a carrier on August 29, 1935, if (i) he was on that date on leave of absence from his employment, expressly granted to him by the carrier by whom he was employed, or by a duly authorized representative of such carrier, and the grant of such leave of absence will have been established to the satisfaction of the Railroad Retirement Board before July 1947; or (ii) he was in the service of a carrier after August 29, 1935, and before January 1946 in each of six calendar months, whether or not consecutive; or (iii) before August 29, 1935, he did not retire and was not retired or discharged from the service of the last carrier by whom he was employed or its corporate or operating successor, but” (A) solely by reason of his physical or mental disability he ceased before August 29, 1935, to be in the service of such carrier and thereafter remained continuously disabled until he attained age sixty-five or until August 1945, or (B) solely for such last stated reason a carrier by whom he was employed before August 29, 1935, or a carrier who is its successor did not on or after August 29, 1935, and before August 1945 call him to return to service, or (C) if he was so called he was solely for such reason unable to render service in six calendar months as provided in clause (ii); or (iv) he was on August 29, 1935, absent from the service of a carrier by reason of a discharge which, within one year after the effective date thereof, was protested, to an appropriate labor representative or to the carrier, as wrongful, and which was followed within ten years of the effective date thereof by his reinstatement in good faith to his former service with all his seniority rights: Provided, That an individual shall not be deemed to have been on August 29, 1935, in the employment relation to a carrier if before that date he was granted a pension or gratuity on the basis of which a pension was awarded to him pursuant to section 6 of the Railroad Retirement Act of 1937, or if during the last pay-roll period before August 29, 1935, in which he rendered service to a carrier he was not in the service of an employer, in accordance with subsection (d), with respect to any service in such pay-roll period, or if he could have been in the employment relation to an employer only by reason of his having been, either before or after August 29, 1935, in the service of a local lodge or division defined as an employer in subsection (a).

“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."

(f) Section 1532 (e) of the Internal Revenue Code is amended by adding at the end thereof the following new paragraph:

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