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and wages paid to him after 1936 and before the quarter in which he will have died, eliminating for any single calendar year, from compensation, any excess over $300 for any calendar month in such year, and from the sum of wages and compensation any excess over $3,000, by (B) three times the number of quarters elapsing after 1936 and before the quarter in which he will have died : Provided, That for the period prior to and including the calendar year in which he will have attained the age of twenty-two there shall be included in the divisor not more than three times the number of quarters of coverage in such period: Provided further, That there shall be excluded from the divisor any calendar quarter during any part of which a retirement annuity will have been payable to him.
“With respect to an employee who will have been awarded a retirement annuity, the term 'compensation shall, for the purposes of this paragraph, mean the compensation on which such annuity will have been based; “(10) The term 'basic amount shall mean
“(i) for an employee who will have been partially insured, or completely insured solely by virtue of paragraph (7) (i) or (7) (ii) or both: the sum of (A) 40 per centum of his average monthly remuneration, up to and including $75; plus (B) 10 per centum of such average monthly remuneration exceeding $75 and up to and including $250, plus (C) 1 per centum of the sum of (A) plus (B) multiplied by the number of years after 1936 in each of which the compensation, wages, or both, paid to him will have been equal to $200 or more; if the basic amount, thus computed, is less than $10 it shall be increased to $10;
“(ii) for an employee who will have been completely insured solely by virtue of paragraph (7) (iii): the sum of 40 per centum of his monthly compensation if an annuity will have been payable to him, or, if a pension will have been payable to him, 40 per centum of the average monthly earnings on which such pension was computed, up to and including $75, plus 10 per centum of such compensation or earnings exceeding $75 and up to and including $250. If the average monthly earnings on which a pension payable to him was computed are not ascertainable from the records in the possession of the Board, the amount computed under this subdivision shall be $33.33, except that if the pension payable to him was less than $25, such amount shall be four-thirds of the amount of the pension or $13.33, whichever is greater. The term 'monthly compensation shall, for the purposes of this subdivision, mean the monthly compensation used in computing the annuity;
“(iii) for an employee who will have been completely insured under paragraph (7) (iii) and either (7) (i) or (7) (ii): the higher of the two amounts computed in accordance with sub
divisions (i) and (ii).” Sec. 214. Section 8 is amended by striking out the word “monthly" each time it appears; by substituting for the phrase "Any such return” the phrase "The Board's record of the compensation so returned”; by substituting for the phrases "earned by” and “be earned by” the phrases “paid to” and “will have been paid to", respectively; by inserting after the phrase "the fact that” the phrase "the Board's recordsshow that"; and by substituting for the terms “month” and “calendar month” the word "period”.
Sec. 215. Section 11 is amended to read as follows:
“Decisions of the Board determining the rights or liabilities of any person under this Act shall be subject to judicial review in the same manner, subject to the same limitations, and all provisions of law shall apply in the same manner as though the decision were a determination of corresponding rights or liabilities under the Railroad Unemployment Insurance Act except that the time within which proceedings for the review of a decision with respect to an annuity, pension, or lump-sum benefit may be commenced shall be one year after the decision will have been entered upon the records of the Board and communicated to the claimant."
DIVISION III The Railroad Unemployment Insurance Act is amended as follows:
SEC. 301. (a) Subsection 1 (h) is amended by inserting after the phrase "last preceding registration period” the phrase "which began with a day for which he registered at an employment office”.
(b) Subsection 1 (h) is further amended by adding the following sentence:
“The term 'registration period' means also, with respect to any employee, the period which begins with the first day with respect to which a statement of sickness is filed in his behalf in accordance with such regulations as the Board may prescribe, or the first such day after the end of a registration period which will have begun with a day with respect to which a statement of sickness was filed in his behalf, and ends with the thirteenth day thereafter."
SEC. 302. Subsection 1 (i) is amended by substituting for the period at the end thereof a comma and adding “maternity insurance, or sickness insurance”.
Sec. 303. The first paragraph of subsection 1 (k) is amended by inserting “(1)” after the phrase "section 4 of this Act,”, and by substituting for the colon before the phrase "Provided, however,” the following: "; and (2) a day of sickness', with respect to any employee, means a calendar day on which because of any physical, mental, psychological, or nervous injury, illness, sickness, or disease he is not able to work or which is included in a maternity period, and with respect to which (i) no remuneration is payable or accrues to him, and (ii) in accordance with such regulations as the Board may prescribe, a statement of sickness is filed within such reasonable period, not in excess of ten days, as the Board may prescribe:"
SEC. 304. Subsection 1 (1) is amended by substituting therefor the following:
“(1) The term 'benefits' (except in phrases clearly designating other payments) means the money payments payable to an employee as provided in this Act, with respect to his unemployment or sickness.
“(1) (1) The term 'statement of sickness' means a statement with respect to days of sickness of an employee, and the term 'statement of maternity sickness' means a statement with respect to a maternity period of a female employee, in each case 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.
(1) (2) The term 'maternity period' means the period beginning fifty-seven days prior to the date stated by the doctor of a female employee to be the expected date of the birth of the employee's child and ending with the one hundred and fifteenth day after it begins or with the thirty-first day after the day of the birth of the child, whichever is later."
SEC. 305 (a) The first sentence of subsection 2 (a) is amended to read as follows: "Benefits shall be payable to any qualified employee (i) for each day of unemployment in excess of seven during the first registration period, within a benefit year, in which he will have had seven or more days of unemployment, and for each day of unemployment in excess of four during any subsequent registration period in the same benefit year, and (ii) for each day of sickness (other than a day of sickness in a maternity period) in excess of seven during the first registration period, within a benefit year, in which he will have had seven or more such days of sickness, and for each such day of sickness in excess of four during any subsequent registration period in the same benefit year, and (iii) for each day of sickness in a maternity period.”
(b) Subsection 2 (a) is further amended by inserting after the word “unemployment” in the second sentence the words “or sickness”, by changing the phrase "the total amount of compensation payable to him with respect to employment” to “his total compensation with respect to employment”, by substituting the following lines for the last line of the table: "$1,600 to $1,999.99.
--- $4.00 $2,000 to $2,499.99.
4. 50 $2,500 and over----
-- 5.00" and by adding to the subsection, after the table, the following paragraphs:
“The amount of benefits payable for the first fourteen days in each maternity period, and for the first fourteen days in a maternity period after the birth of the child, shall be one and one-half times the amount otherwise payable under this subsection. Benefits shall not be paid for more than eighty-four days of sickness in a maternity period prior to the birth of the child. Qualification for and rate of benefits for days of sickness in a maternity period shall not be affected by the expiration of the benefit year in which the maternity period will have begun unless in such benefit year the employee will not have been a qualified employee.
"In computing benefits to be paid, days of unemployment shall not be combined with days of sickness in the same registration period."
SEC. 306. Subsection 2 (c) is amended by substituting for “one hundred” at the end thereof the following: “one hundred and thirty, and the maximum number of days of sickness, other than days of sickness in a maternity period, within a benefit year for which benefits may be paid to an employee shall be one hundred and thirty”.
Sec. 307. Subsection 2 (f) is amended by inserting after the word "unemployment” each time it appears the words “or sickness”.
and the cor as a day of of unemployment) throug the (b) Section a period. -ness,", and by cha
Sec. 308. Section 3 is amended by changing the phrase "there was payable to him compensation of” to “his compensation will have been”.
Sec. 309. (a) Section 4 (a) is amended by redesignating it section 4 (a-1), by including therein only paragraphs (iv) to (vii), inclusive, by redesignating said paragraphs as (i) through (iv), by inserting after the phrase "day of unemployment," in the first clause thereof the phrase "or as a day of sickness,", and by changing the semicolon at the end thereof to a period.
(b) Section 4 (a-1) is further amended by changing paragraph (ii) thereof to read as follows:
"(ii) any day in any period with respect to which the Board finds that he is receiving or will have received annuity payments or pensions under the Railroad Retirement Act of 1935 or the Railroad Retirement Act of 1937, or insurance benefits under title II of the Social Security Act, or unemployment, maternity, or sickness benefits under an unemployment, maternity, or sickness compensation law of any State or of the United States other than this Act, or any other social-insurance payments under a law of any State or of the United States: Provided, That if an employee receives or is held entitled to receive any such payments, other than unemployment, maternity, or sickness payments, with respect to any period which include days of unemployment or sickness in a registration period, after benefits under this Act for such registration period will have been paid, the amount by which such benefits under this Act will have been increased by including such days as days of unemployment or as days of sickness shall be recoverable by the Board: Provided further, That, if that part of any such payment or payments, other than unemployment, maternity, or sickness payments, which is apportionable to such days of unemployment or days of sickness is less in amount than the benefits under this Act which, but for this paragraph, would be payable and not recoverable with respect to such days of unemployment or days of sickness, the preceding provisions of this paragraph shall not apply but such benefits under this Act for such days of unemployment or days of sickness shall be diminished or recoverable in the amount of such part of such other payment
or payments;”. (c) Section 4 is further amended by inserting after subsection (a-1) a subsection to be designated (a-2), in the following language: “There shall not be considered as a day of unemployment, with respect to any employee- ", by including in subsection (a-2) paragraphs (i), (ii), (iii), and (viii) of subsection 4 (a) as it existed prior to its amendment by this Act, and by redesignating said paragraph (viii) as paragraph (iv).
SEC. 310. Subsections 4 (b) through 4 (e) are amended by substituting for the references to "4 (a) (i)”, “4 (a) (ii)”, and “4 (a) (iii)”, references to "4 (a-2) (i)”, “4 (a-2) (ii)”, and “4 (a-2) (iii)”, respectively.
Sec. 311. (a) The first paragraph of subsection 5 (c) is amended by striking out the phrase “district board” at the end of the first sentence thereof and substituting “referee or such other reviewing body as the Board may establish or assign thereto”, and by striking out the balance thereof.
(b) The third paragraph of subsection 5 (c) is amended by deleting the phrase “does not comply with the provisions of this Act and”, and by inserting between the second and third sentences thereof the following:
“The Board may also designate one of its officers or employees to receive evidence and report to the Board whether or not any person or company is entitled to a refund of contributions or should be required to pay contributions under this Act, regardless of whether or not any claims for benefits will have been filed upon the basis of service in the employ of such person or company, and shall follow such procedure if contributions are assessed and payment is refused or payment is made and a refund claimed upon the basis that such person or company is or will not have been liable for such contributions."
Subsection 5 (c) is further amended by adding the following paragraph:
“Any issue determinable pursuant to this subsection and subsection (f) of this section shall not be determined in any manner other than pursuant to this subsection and subsection (f)."
SEC. 312. Subsection 5 (d) is amended by substituting for the phrase "district boards” the words “reviewing bodies”, and by striking out the phrase "a district board or of” each time it appears.
Sec. 313. Subsection 5 (e) is amended by deleting the phrases “upon a claim for benefits," and "allowing or denying benefits", and by changing the word “claimant” to “parties”.
Sec. 314. The first sentence of subsection 5 (f) is amended to read as follows:
“Any claimant, or any railway labor organization organized in accordance with the provisions of the Railway Labor Act, of which claimant is a member, or any other party aggrieved by a final decision under subsection (c) of this section, may, only after all administrative remedies within the Board will have been availed of and exhausted, obtain a review of any final decision of the Board by filing a petition for review within ninety days after the mailing of notice of such decision to the claimant or other party, or within such further time as the Board may allow, in the United States circuit court of appeals for the circuit in which the claimant or other party resides or will have had his principal place of business or principal executive office, or in the United States Circuit Court of Appeals for the Seventh Circuit or in the Court of Appeals for the District of Columbia.”
Sec. 315. Subsection 5 (g) is amended by substituting for the phrase "benefits or refund and” the words "benefits or refund, the determination of any other matter pursuant to subsection (c) of this section, and”.
SEC. 316. Subsection 5 (i) is amended by inserting after the word “claimant” each time it appears the words “or other properly interested person”, and by inserting after the phrase "counsel or agent” the words "for a claimant”.
SEC. 317. Section 6 is amended by substituting for the phrase "earned by”, each time it appears, and for the phrase "be earned by", the phrases “paid to” and “have been paid to”, respectively.
Sec. 318. (a) Section 8 (a) is amended by changing the word "payable” to “paid” wherever it appears; and by substituting for the