Title 45RailroadsRelease 119-73

§401 Payment of compensation; eligibility; duration; maximum aggregate amount payable; duplication of benefits; application of railroad unemployment insurance provisions

Title 45 › Chapter CHAPTER 12— - TEMPORARY RAILROAD UNEMPLOYMENT INSURANCE PROGRAM › § 401

Last updated Apr 6, 2026|Official source

Summary

Employees covered by the Railroad Unemployment Insurance Act who used up their railroad unemployment benefits after June 30, 1960 and before April 1, 1962 can get extra unemployment pay under railroad rules. They can get benefits for up to 65 days. The total extra amount cannot be more than 50% of the unemployment benefits that were payable to them in the benefit year when they last exhausted railroad benefits before their first claim under this law. These extra days must fall in registration periods that start on or after the 15th day after March 24, 1961 and before April 1, 1962, and must be days that would not already be paid under the railroad law. If a person is entitled to benefits for a day before April 1, 1962, they may get benefits for registration periods that begin before July 1, 1962. Payments under this rule plus any railroad benefits already paid in the same benefit year cannot together exceed 195 times the person’s daily benefit rate for that year. A person who filed and established a first claim under the Temporary Extended Unemployment Compensation Act of 1961 cannot later claim under this rule, and someone who filed under this rule cannot later claim under that Act. Railroad Unemployment Insurance Act rules apply unless they conflict with these terms.

Full Legal Text

Title 45, §401

Railroads — Source: USLM XML via OLRC

An employee as defined in the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] who has, after June 30, 1960, and before April 1, 1962, exhausted (within the meaning prescribed by the Railroad Retirement Board by regulation) his right to unemployment benefits under the Railroad Unemployment Insurance Act, shall be paid unemployment benefits in accordance otherwise with the provisions of such Act for days of unemployment, not exceeding sixty-five, and not exceeding in the aggregate, an amount equal to 50 per centum of the total amount of unemployment benefits which were payable to him in the benefit year in which he last exhausted his rights before making his first claim under this chapter, which occur in registration periods, as defined in the Railroad Unemployment Insurance Act, beginning on or after the fifteenth day after the date of enactment of the Temporary Extended Unemployment Compensation Act of 1961 [March 24, 1961], and before April 1, 1962, and which would not be days with respect to which he would be held entitled otherwise to receive unemployment benefits under the Railroad Unemployment Insurance Act: Provided, That an employee entitled under this section to benefits for a day before April 1, 1962, may receive such benefits for days in registration periods which begin before July 1, 1962: Provided further, That payment of benefits otherwise provided for in this chapter shall not be made with respect to any individual for any day of unemployment to the extent that such payment, when added to the sum of the benefits under the Railroad Unemployment Insurance Act and under this chapter paid such individual with respect to prior days in the benefit year, would exceed one hundred and ninety-five times such individual’s daily benefit rate for such benefit year. An employee who has filed, and established, a first claim for benefits under the provisions of the Temporary Extended Unemployment Compensation Act of 1961, may not thereafter establish a claim under this section, and an employee who has registered for, and established, a claim under this section may not thereafter establish a claim under the provisions of the Temporary Extended Unemployment Compensation Act of 1961. Except to the extent inconsistent with this section, the provisions of the Railroad Unemployment Insurance Act shall be applicable in the administration of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Railroad Unemployment Insurance Act, referred to in text, is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables. The Temporary Extended Unemployment Compensation Act of 1961, referred to in text, is Pub. L. 87–6, Mar. 24, 1961, 75 Stat. 8, which enacted section 1105 and 1400l to 1400v of Title 42, The Public Health and Welfare, amended section 3301 and 3302 of Title 26, Internal Revenue Code, and enacted provisions set out as notes under section 1101 and 1400l of Title 42. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 87–7, § 1, Mar. 24, 1961, 75 Stat. 16, provided: “That this Act [enacting this chapter] may be cited as the ‘Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961’.”

Reference

Citations & Metadata

Citation

45 U.S.C. § 401

Title 45Railroads

Last Updated

Apr 6, 2026

Release point: 119-73