Title 45 — RailroadsRelease 119-73
§353 Qualifying condition
Title 45 › Chapter CHAPTER 11— - RAILROAD UNEMPLOYMENT INSURANCE › § 353
Summary
A worker counts as "qualified" when the Board finds their base-year pay is at least 2.5 times the monthly base (as computed under section 351(i)). If the worker had no pay before that year, they must have been paid in at least five months of the base year.
Full Legal Text
Title 45, §353
Railroads — Source: USLM XML via OLRC
An employee shall be a “qualified employee” if the Board finds that his compensation with respect to the base year will have been not less than 2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title, and, if such employee has had no compensation prior to such year, that he will have had compensation with respect to each of not less than five months in such year.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1988—Pub. L. 100–647 inserted “with respect to the base year” after “his compensation” and substituted “2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title” for “$1,500 with respect to the base year”. 1983—Pub. L. 98–76 substituted “$1,500” for “$1,000”. 1975—Pub. L. 94–92 substituted “five” for “seven” months. 1968—Pub. L. 90–257 substituted “$1,000” for “$750”. 1963—Pub. L. 88–133 increased from $500 to $750 the amount of compensation in a base year required to qualify for benefits and provided that if employee has had no compensation prior to such year he will have had compensation with respect to each of not less than 7 months in such year. 1959—Pub. L. 86–28 substituted “$500” for “$400”. 1954—Act Aug. 31, 1954, substituted “$400” for “$300”. 1952—Act
May 15, 1952, substituted “$300” for “$150” to conform to the new table of daily benefit rates as set out in section 352 of this title. 1946—Act
July 31, 1946, changed section to relate to compensation paid instead of compensation earned during a year. 1940—Act Oct. 10, 1940, reorganized structure by striking out designations for subsecs. “(a)” and “(b)” and, as so restructured, provisions of former subsec. (a) became entire section and defined “qualified employee” and provisions of former subsec. (b), which related to the employee’s waiting period, were omitted. 1939—Subsec. (b). Act
June 20, 1939, substituted provisions relating to half-months as the waiting period, for provisions relating to fifteen consecutive days of unemployment or two half months.
Statutory Notes and Related Subsidiaries
Effective Date
of 1988 Amendment Pub. L. 100–647, title VII, § 7202(b), Nov. 10, 1988, 102 Stat. 3776, provided that: “The
Amendments
made by this section [amending this section] shall take effect on the date of the enactment of this Act [Nov. 10, 1988].”
Effective Date
of 1983 AmendmentAmendment by Pub. L. 98–76 applicable to compensation paid for services rendered after Dec. 31, 1983, see section 411(b) of Pub. L. 98–76, set out as a note under section 351 of this title.
Effective Date
of 1975 AmendmentAmendment by Pub. L. 94–92 effective for services rendered after Dec. 31, 1973, see section 2 of Pub. L. 94–92, set out as a note under section 351 of this title.
Effective Date
of 1968 AmendmentAmendment by Pub. L. 90–257 effective with respect to base years beginning in calendar years after December 31, 1966, except that with respect to the base year in calendar year 1967 such
Amendments
not to be applicable to an employee whose compensation with respect to that base year was not less than $750 but was less than $1,000, see section 208 of Pub. L. 90–257, set out as a note under section 352 of this title.
Effective Date
of 1963 Amendment Pub. L. 88–133, title III, § 301(b), Oct. 5, 1963, 77 Stat. 222, provided that: “The amendment made by subsection (a) [amending this section] shall be fully effective with respect to base years after 1963. With respect to the base year 1963, they shall be applicable only to an employee concerning whom the Railroad Retirement Board finds that his compensation in that portion of the calendar year 1963 preceding the first day of the calendar month next following the month of enactment of this Act [October 1963] will have been less than $500.”
Effective Date
of 1959 AmendmentAmendment by Pub. L. 86–28 effective with respect to base years after the base year ending Dec. 31, 1957, see section 309 of Pub. L. 86–28, set out as a note under section 351 of this title.
Effective Date
of 1954 AmendmentAmendment by act Aug. 31, 1954, effective July 1, 1954, see section 401 of act Aug. 31, 1954, set out as a note under section 351 of this title.
Effective Date
of 1952 AmendmentAmendment by act
May 15, 1952, effective with respect to benefit years beginning on and after
July 1, 1952, see section 3 of act
May 15, 1952, set out as a note under section 352 of this title.
Effective Date
of 1946 AmendmentAmendment by act
July 31, 1946, effective
July 1, 1947, see section 403 of act
July 31, 1946, set out as a note under section 352 of this title.
Effective Date
of 1940 AmendmentFor
Effective Date
of amendment by act Oct. 10, 1940, see section 1 of act Oct. 10, 1940, set out as a note under section 351 of this title.
Reference
Citations & Metadata
Citation
45 U.S.C. § 353
Title 45 — Railroads
Last Updated
Apr 6, 2026
Release point: 119-73