45 U.S.C. § 351 : US Code - Section 351: Definitions

      For the purposes of this chapter, except when used in amending
    the provisions of other Acts - 
      (a) The term "employer" means any carrier (as defined in
    subsection (b) of this section), and any company which is directly
    or indirectly owned or controlled by one or more such carriers or
    under common control therewith, and which operates any equipment or
    facility or performs any service (except trucking service, casual
    service, and the casual operation of equipment or facilities) in
    connection with the transportation of passengers or property by
    railroad, or the receipt, delivery, elevation, transfer in transit,
    refrigeration or icing, storage, or handling of property
    transported by railroad, and any receiver, trustee, or other
    individual or body, judicial or otherwise, when in the possession
    of the property or operating all or any part of the business of any
    such employer: Provided, however, That the term "employer" shall
    not include any street, interurban, or suburban electric railway,
    unless such railway is operating as a part of a general steam-
    railroad system of transportation, but shall not exclude any part
    of the general steam-railroad system of transportation now or
    hereafter operated by any other motive power. The Surface
    Transportation Board is hereby authorized and directed upon request
    of the Railroad Retirement Board, or upon complaint of any party
    interested, to determine after hearing whether any line operated by
    electric power falls within the terms of this proviso. The term
    "employer" shall also include railroad associations, traffic
    associations, tariff bureaus, demurrage bureaus, weighing and
    inspection bureaus, collection agencies, and other associations,
    bureaus, agencies, or organizations controlled and maintained
    wholly or principally by two or more employers as hereinbefore
    defined and engaged in the performance of services in connection
    with or incidental to railroad transportation; and railway labor
    organizations, national in scope, which have been or may be
    organized in accordance with the provisions of the Railway Labor
    Act [45 U.S.C. 151 et seq.], and their State and National
    legislative committees and their general committees and their
    insurance departments and their local lodges and divisions,
    established pursuant to the constitution and bylaws of such
    organizations. The term "employer" shall not include any company by
    reason of its being engaged in the mining of coal, the supplying of
    coal to an employer where delivery is not beyond the mine tipple,
    and the operation of equipment or facilities therefor, or in any of
    such activities.
      (b) The term "carrier" means a railroad subject to the
    jurisdiction of the Surface Transportation Board under part A of
    subtitle IV of title 49.
      (c) The term "company" includes corporations, associations, and
    joint-stock companies.
      (d) The term "employee" (except when used in phrases establishing
    a different meaning) means any individual who is or has been (i) in
    the service of one or more employers for compensation, or (ii) an
    employee representative. The term "employee" shall include an
    employee of a local lodge or division defined as an employer in
    subsection (a) of this section only if he was in the service of a
    carrier on or after August 29, 1935. 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.
      (e) An individual is in the service of an employer whether his
    service is rendered within or without the United States if (i) he
    is subject to the continuing authority of the employer to supervise
    and direct the manner of rendition of his service, 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: Provided, however, That an
    individual shall be deemed to be in the service of an employer,
    other than a local lodge or division or a general committee of a
    railway-labor-organization employer, not conducting the principal
    part of its business in the United States only when he is rendering
    service to it in the United States; and an individual shall be
    deemed to be in the service of such a local lodge or division only
    if (1) all, or substantially all, the individuals constituting its
    membership are employees of an employer conducting the principal
    part of its business in the United States; or (2) the headquarters
    of such local lodge or division is located in the United States;
    and an individual shall be deemed to be in the service of such a
    general committee only if (1) he is representing a local lodge or
    division described in clauses (1) or (2) immediately above; or (2)
    all, or substantially all, the individuals represented by it are
    employees of an employer conducting the principal part of its
    business in the United States; or (3) he acts in the capacity of a
    general chairman or an assistant general chairman of a general
    committee which represents individuals rendering service in the
    United States to an employer, but in such case if his office or
    headquarters is not located in the United States and the
    individuals represented by such general committee are employees of
    an employer not conducting the principal part of its business in
    the United States, only such proportion of the remuneration for
    such service shall be regarded as compensation as the proportion
    which the mileage in the United States under the jurisdiction of
    such general committee bears to the total mileage under its
    jurisdiction, unless such mileage formula is inapplicable, in which
    case the Board may prescribe such other formula as it finds to be
    equitable, 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: Provided further, That an individual not
    a citizen or resident of the United States shall not be deemed to
    be in the service of an employer when rendering service outside the
    United States to an employer who is required under the laws
    applicable in the place where the service is rendered to employ
    therein, in whole or in part, citizens or residents thereof.
      (f) The term "employee representative" means any officer or
    official representative of a railway labor organization other than
    a labor organization included in the term employer as defined in
    subsection (a) of this section who before or after August 29, 1935,
    was in the service of an employer as defined in said subsection and
    who is duly authorized and designated to represent employees in
    accordance with the Railway Labor Act [45 U.S.C. 151 et seq.], and
    any individual who is regularly assigned to or regularly employed
    by such officer or official representative in connection with the
    duties of his office.
      (g) The term "employment" means service performed as an employee.
    For the purposes of determining eligibility for and the amount of
    benefits and the amount of contributions due pursuant to this
    chapter, 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. For purposes of
    determining eligibility for and the amount of benefits and the
    amount of contributions due pursuant to this chapter, employment as
    a delegate to a national or international convention of a railway
    labor organization defined as an "employer", in subsection (a) of
    this section, shall be disregarded if the individual having such
    employment has not previously rendered service, other than as such
    a delegate, which may be included in his "years of service" for
    purposes of the Railroad Retirement Act [45 U.S.C. 231 et seq.].
      (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 which began with a day for which he registered at an
    employment office 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.
      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 for a "period of continuing
    sickness" (as defined in section 352(a) of this title) 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 for a "period of continuing sickness" (as
    defined in section 352(a) of this title) was filed in his behalf,
    and ends with whichever is the earlier of (i) the thirteenth day
    thereafter, or (ii) the day immediately preceding the day with
    respect to which a statement of sickness for a new "period of
    continuing sickness" (as defined in section 352(a) of this title)
    is filed in his behalf.
      (i)(1) In General. - The term "compensation" means any form of
    money remuneration, including pay for time lost but excluding tips,
    paid for services rendered as an employee to one or more employers,
    or as an employee representative, except that in computing the
    compensation paid to any employee, no part of any month's
    compensation in excess of the monthly compensation base (as defined
    in subdivision (2)) for any month shall be recognized. Solely for
    the purpose of determining the compensation received by an employee
    in a base year, the term "compensation" shall include any
    separation allowance or subsistence allowance paid under any
    benefit schedule provided under section 701 (!1) of title VII of
    the Regional Rail Reorganization Act of 1973 [45 U.S.C. 797] and
    any termination allowance paid under section 702 of that Act [45
    U.S.C. 797a], but does not include any other benefits payable under
    that title [45 U.S.C. 797 et seq.]. The total amount of any
    subsistence allowance payable under a benefit schedule provided
    pursuant to section 701 (!1) of the Regional Rail Reorganization
    Act of 1973 shall be considered as being compensation in the month
    in which the employee first timely filed a claim for such an
    allowance. Such term does not include remuneration for service
    which is performed by a nonresident alien individual for the period
    he is temporarily present in the United States as a nonimmigrant
    under subparagraph (F) or (J) of section 1101(a)(15) of title 8 and
    which is performed to carry out the purpose specified in
    subparagraph (F) or (J) as the case may be. 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
    displacement to a 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 time 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 356 of this title, the period
    during which such compensation will have been earned.

      (2) Monthly Compensation Base. - 
        (A) In general. - For purposes of subdivision (1), the term
      "monthly compensation base" means the amount - 
          (i) of $400 for calendar months before January 1, 1984;
          (ii) of $600 for calendar months after December 31, 1983 and
        before January 1, 1989; and
          (iii) computed under subparagraph (B) for months after
        December 31, 1988.

        (B) Computation. - 
          (i) In general. - The amount of the monthly compensation base
        for each calendar year beginning after December 31, 1988, is
        the greater of - 
            (I) $600; or
            (II) the amount, as rounded under clause (iii) if
          applicable, computed under the formula:


                                  A-37,800                    
                      B=600  (1+ -----------)              
                                    56,700                    


          (ii) Meaning of symbols. - For the purposes of the formula in
        clause (i) - 
            (I) "B" is the dollar amount of the monthly compensation
          base; and
            (II) "A" is the amount of the applicable base with respect
          to tier 1 taxes, for the calendar year for which the monthly
          compensation base is being computed, as determined under
          section 3231(e)(2) of title 26.

          (iii) Rounding rule. - If the monthly compensation base
        computed under this formula is not a multiple of $5, it shall
        be rounded to the nearest multiple of $5, with such rounding
        being upward in the event the amount computed is equidistant
        between two multiples of $5.

      (j) The term "remuneration" means pay for services for hire,
    including pay for time lost, and tips, but pay for time lost shall
    be deemed earned on the day on which such time is lost. 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.
    The term "remuneration" does not include any money payments
    received pursuant to any nongovernmental plan for unemployment
    insurance, maternity insurance, or sickness insurance.
      (k) Subject to the provisions of section 354 of this title (1) 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; 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,
    with respect to a female employee, a calendar day on which, because
    of pregnancy, miscarriage, or the birth of a child, (i) she is
    unable to work or (ii) working would be injurious to her health,
    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: Provided, however, That "subsidiary 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 an amount that is equal to 2.5 times the
    monthly compensation base for months in such base year as computed
    under subsection (i) of this section: 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 first 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 second of such calendar days: Provided
    further, That any calendar day on which no remuneration is payable
    to or accrues to an employee solely because of the application to
    him of mileage or work restrictions agreed upon in schedule
    agreements between employers and employees or solely because he is
    standing by for or laying over between regularly assigned trips or
    tours of duty shall not be considered either a day of unemployment
    or a day of sickness.
      For the purpose of this subsection, the term "subsidiary
    remuneration" means, with respect to any employee, remuneration not
    in excess of an average of $15 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 employment in another occupation.
      (l)(1) The term "benefits" (except in phrases clearly designating
    other payments) means the money payments payable to an employee as
    provided in this chapter, with respect to his unemployment or
    sickness.
      (2) The term "statement of sickness" means a statement with
    respect to days of sickness of an employee, executed in such manner
    and form by an individual duly authorized pursuant to section
    362(i) of this title to execute such statements, and filed as the
    Board may prescribe by regulations.
      (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.
      (n) The term "base year" means the completed calendar year
    immediately preceding the beginning of the benefit year.
      (o) The term "employment office" means a free employment office
    operated by the Board, or designated as such by the Board pursuant
    to section 362(i) of this title.
      (p) The term "account" means the railroad unemployment insurance
    account established pursuant to section 360 of this title in the
    unemployment trust fund.
      (q) The term "fund" means the railroad unemployment insurance
    administration fund, established pursuant to section 361 of this
    title in the unemployment trust fund.
      (r) The term "Board" means the Railroad Retirement Board.
      (s) The term "United States", when used in a geographical sense,
    means the States and the District of Columbia.
      (t) The term "State" means any of the States or the District of
    Columbia.
      (u) Any reference in this chapter to any other Act of Congress,
    including such reference in amendments to other Acts, includes a
    reference to such other Act as amended from time to time.