Notes on 45 U.S.C. § 351 : US Code - Notes

Search Notes on 45 U.S.C. § 351 : US Code - Notes

(June 25, 1938, ch. 680, Sec. 1, 52 Stat. 1094; June 20, 1939, ch.
227, Secs. 1-6, 20, 53 Stat. 845, 848; Aug. 13, 1940, ch. 664,
Secs. 1, 3, 54 Stat. 785, 786; Oct. 10, 1940, ch. 842, Secs. 2-8,
54 Stat. 1094, 1095; Apr. 8, 1942, ch. 227, Sec. 15, 56 Stat. 210;
July 31, 1946, ch. 709, Secs. 1, 2, 301-304, 60 Stat. 722, 735,
736; Oct. 30, 1951, ch. 632, Sec. 26, 65 Stat. 691; Aug. 31, 1954,
ch. 1164, pt. III, Secs. 301-303, 68 Stat. 1041; Pub. L. 85-927,
pt. II, Sec. 201, Sept. 6, 1958, 72 Stat. 1782; Pub. L. 86-28, pt.
III, Sec. 301, May 19, 1959, 73 Stat. 30; Pub. L. 89-700, title II,
Sec. 201, Oct. 30, 1966, 80 Stat. 1087; Pub. L. 90-257, title II,
Sec. 201, Feb. 15, 1968, 82 Stat. 23; Pub. L. 90-624, Sec. 3, Oct.
22, 1968, 82 Stat. 1316; Pub. L. 94-92, title I, Sec. 1(a), (b),
Aug. 9, 1975, 89 Stat. 461; Pub. L. 98-76, title IV, Secs. 402(b),
403(b), 411(a)(1), title V, Sec. 503(b), Aug. 12, 1983, 97 Stat.
434, 436, 441; Pub. L. 100-647, title VII, Secs. 7101(a), (b),
7203(a), Nov. 10, 1988, 102 Stat. 3757, 3758, 3776; Pub. L. 104-88,
title III, Sec. 324(1), (2), Dec. 29, 1995, 109 Stat. 950.)
REFERENCES IN TEXT
The Railway Labor Act, referred to in subsecs. (a) and (f), is
act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
classified principally to chapter 8 (Sec. 151 et seq.) of this
title. For complete classification of this Act to the Code, see
section 151 of this title and Tables.
The Railroad Retirement Act, referred to in subsec. (g), probably
means the Railroad Retirement Act of 1937, act Aug. 29, 1935, ch.
812, as amended generally by act June 24, 1937, ch. 382, part I, 50
Stat. 307, which was classified principally to subchapter III (Sec.
228a et seq.) of chapter 9 of this title. The Railroad Retirement
Act of 1937 was amended generally and redesignated the Railroad
Retirement Act of 1974 by Pub. L. 93-445, title I, Oct. 16, 1974,
88 Stat. 1305. The Railroad Retirement Act of 1974 is classified
generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of this
title. For complete classification of these Acts to the Code, see
Tables.
The Regional Rail Reorganization Act of 1973, referred to in
subsec. (i)(1), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as
amended. Section 701 of title VII of the Regional Rail
Reorganization Act of 1973 [45 U.S.C. 797] was repealed by Pub. L.
99-509, title IV, Sec. 4024(c), Oct. 21, 1986, 100 Stat. 1904,
effective on the sale date (Apr. 2, 1987). Title VII of the
Regional Rail Reorganization Act of 1973 is classified generally to
subchapter VII (Sec. 797 et seq.) of chapter 16 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 701 of this title and Tables.
AMENDMENTS
1995 - Subsec. (a). Pub. L. 104-88, Sec. 324(1), substituted
"Surface Transportation Board is hereby authorized and directed
upon request of the Railroad Retirement Board" for "Interstate
Commerce Commission is hereby authorized and directed upon request
of the Board".
Subsec. (b). Pub. L. 104-88, Sec. 324(2), added subsec. (b) and
struck out former subsec. (b) which read as follows: "The term
'carrier' means an express company, sleeping-car company, or
carrier by railroad, subject to part I of the Interstate Commerce
Act."
1988 - Subsec. (i). Pub. L. 100-647, Sec. 7101(a), designated
existing provisions as par. (1), inserted par. heading, substituted
", 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" for ": Provided, however, That in computing
the compensation paid to any employee, no part of any month's
compensation in excess of $300 for any month before July 1, 1954,
or in excess of $350 for any month after June 30, 1954, and before
the calendar month next following the month in which this chapter
was amended in 1959, or in excess of $400 for any month after the
month in which this chapter was so amended and before January 1984,
or in excess of $600 for any month after 1983, shall be
recognized", and added par. (2).
Subsec. (k). Pub. L. 100-647, Sec. 7203(a), which directed
amendment of second par. of subsec. (k) by substituting "$15" for
"$10", was executed by making the substitution for "ten dollars" as
the probable intent of Congress.
Pub. L. 100-647, Sec. 7101(b), substituted "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" for
"$1,500".
1983 - Subsec. (i). Pub. L. 98-76, Sec. 503(b), inserted "and
before January 1984, or in excess of $600 for any month after
1983".
Pub. L. 98-76, Sec. 403(b), inserted after first sentence "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 of title VII of the
Regional Rail Reorganization Act of 1973 and any termination
allowance paid under section 702 of that Act, but does not include
any other benefits payable under that title. The total amount of
any subsistence allowance payable under a benefit schedule provided
pursuant to section 701 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."
Subsec. (j). Pub. L. 98-76, Sec. 402(b), struck out "(i) the
voluntary payment by another, without deduction from the pay of an
employee, of any tax or contribution now or hereafter imposed with
respect to the remuneration of such employee, or (ii)" after "
'remuneration' does not include".
Subsec. (k). Pub. L. 98-76, Sec. 411(a)(1), substituted "$1,500"
for "$1,000".
1975 - Subsec. (h). Pub. L. 94-92, Sec. 1(a), inserted "for a
period of continuing sickness (as defined in section 352(a) of this
title)" after "a statement of sickness" wherever appearing and
incorporated "and ends with the thirteenth day thereafter" in
provision reading "and ends with whichever is the earlier of (i)
the thirteenth day thereafter," and inserted cl. (ii) thereafter.
Subsec. (k). Pub. L. 94-92, Sec. 1(b), substituted in second
sentence "ten" for "three" dollars.
1968 - Subsec. (i). Pub. L. 90-624 excluded remuneration for
services performed by nonresident alien individuals temporarily in
the United States as participants in a cultural exchange or
training program.
Subsec. (k). Pub. L. 90-257, Sec. 201(a), amended definitions of
"day of sickness" so as to remove reference to a day in a maternity
period and inserted references to a day of sickness for female
employees when, because of pregnancy, miscarriage, or the birth of
a child, she is unable to work or working is injurious to her
health and raised from $750 to $1,000 the amount specified in the
subsidiary remuneration provision.
Subsec. (l). Pub. L. 90-257, Sec. 201(b), redesignated subsec.
(l) defining "benefits" as subsec. (l)(1). Former subsec. (l)(1)
redesignated (l)(2).
Subsec. (l)(1). Pub. L. 90-257, Sec. 201(b), redesignated as
subsec. (l)(1) former subsec. (l) defining "benefits".
Subsec. (l)(2). Pub. L. 90-257, Sec. 201(b), redesignated as
subsec. (l)(2) former subsec. (l)(1) defining "statement of
sickness" and struck out reference to statement of maternity
sickness. Former subsec. (l)(2) defining "maternity period" was
struck out.
1966 - Subsec. (i). Pub. L. 89-700, Sec. 201(a), substituted
"section 356 of this title" for "section 358 of this title."
Subsec. (k). Pub. L. 89-700, Sec. 201(b), substituted "$750" for
"500".
Subsecs. (s), (t). Pub. L. 89-700, Sec. 201(c), struck out ",
Alaska, Hawaii," after "States".
1959 - Subsec. (i). Pub. L. 86-28, Sec. 301(a), increased, for
any month after May 1959, from $350 to $400 the maximum amount of
monthly compensation to be used in computing benefits.
Subsec. (k). Pub. L. 86-28, Sec. 301(b), substituted "$500" for
"$400".
1958 - Subsec. (k). Pub. L. 85-927, Sec. 201(a), substituted
"first" for "second" and "second" for "first" in second proviso of
first paragraph, and substituted "three dollars" for "one dollar"
in second paragraph.
Subsec. (q). Pub. L. 85-927, Sec. 201(b), inserted "in the
unemployment trust fund".
1954 - Subsec. (g). Act Aug. 31, 1954, Sec. 301, provided that
compensation for service by an individual as a delegate to a
convention of a national railway labor organization shall be
disregarded in determining eligibility for benefits, if he has no
previous creditable service.
Subsec. (i). Act Aug. 31, 1954, Sec. 302, increased, after June
30, 1954, from $300 to $350 the maximum amount of monthly
compensation to be used in computing benefits.
Subsec. (k). Act Aug. 31, 1954, Sec. 303 (part), substituted
"$400" for "$150".
1951 - Subsec. (k). Act Oct. 30, 1951, inserted last proviso of
first par.
1946 - Subsec. (e). Act July 31, 1946, Sec. 1, changed opening
par. to include professional or technical services when integrated
into staff of employer or other personal services the rendition of
which is integrated into the employer's operations and added clause
at end of first proviso excluding compensation of less than 10% of
remuneration.
Subsec. (h). Act July 31, 1946, Sec. 301, changed definition of
registration period to cover days of sickness as well as days of
unemployment.
Subsec. (i). Act July 31, 1946, Sec. 2, changed definition of
compensation to remuneration "paid" instead of "payable" and
inserted provisions relating to presumption that a payment is
compensation; payments for time lost and with respect to personal
injury; and payments after the end of a calendar year earned during
that year.
Subsec. (j). Act July 31, 1946, Sec. 302, inserted reference to
maternity insurance and sickness insurance.
Subsec. (k)(2). Act July 31, 1946, Sec. 303, inserted cl. (2)
defining day of sickness.
Subsec. (l). Act July 31, 1946, Sec. 304, expanded definition of
benefits to include payment with respect to sickness and added
pars. (1) and (2), defining statement of sickness, statement of
maternity sickness, and maternity period.
1942 - Subsec. (e). Act Apr. 8, 1942, amended first proviso.
1940 - Subsec. (a). Act Aug. 13, 1940, Sec. 1, excluded from
definition of employer companies engaged in mining coal, supplying
coal not beyond the mine tipple, and the operation of equipment or
facilities therefor.
Subsec. (d). Act Aug. 13, 1940, Sec. 3, excluded from definition
of employee individuals engaged in mining coal, preparation of
coal, handling (other than rail movement by standard locomotives)
of coal not beyond the mine tipple, or the loading of coal at the
tipple.
Subsec. (l). Act Oct. 10, 1940, Sec. 6, redesignated subsec. (m)
as (l). Former subsec. (l) redesignated (n) by act Oct. 10, 1940,
Sec. 8.
Subsec. (m). Act Oct. 10, 1940, Sec. 7, redesignated subsec. (n)
as (m). Former subsec. (m) redesignated (l) by act Oct. 10, 1940,
Sec. 6.
Subsec. (n). Act Oct. 10, 1940, Sec. 8, redesignated former
subsec. (l) as (n), and amended provisions generally. Former
subsec. (n) redesignated (m) by act Oct. 10, 1940, Sec. 7.
Subsec. (g). Act Oct. 10, 1940, Sec. 2, inserted provisions
relating to employment after June 30, 1940, in service of a local
lodge, etc.
Subsec. (h). Act Oct. 10, 1940, Sec. 3, substituted provisions
defining "registration period" for provisions defining "half
month".
Subsec. (j). Act Oct 10, 1940, Sec. 4, inserted provisions
relating to earned income other than for services for hire to
definition of "remuneration".
Subsec. (k). Act Oct. 10, 1940, Sec. 5, inserted in cl. (i)
"accrues" after "or", inserted provisions relating to "subsidiary
remuneration", and substituted provisions relating to working days
which include part of each of two consecutive calendar days, for
provisions relating to work shifts which include part of two
consecutive calendar days.
1939 - Subsec. (d). Act June 20, 1939, Sec. 1, designated second
paragraph as subsec. (e).
Subsec. (e). Act June 20, 1939, Secs. 1, 2, designated second
paragraph of subsec. (d) as (e) and inserted proviso relating to an
individual not deemed a citizen or resident of the United States.
Former subsec. (e) redesignated (f).
Subsec. (f). Act June 20, 1939, Secs. 2, 3, redesignated former
subsec. (e) as (f). Former subsec. (f), which defined "part-time
worker", was struck out.
Subsec. (h). Act June 20, 1939, Sec. 4, substituted provisions
authorizing Board to define "half-month" for provisions defining
"half-month" as a period of any fifteen consecutive days, with no
day to be included in more than one period for any individual.
Subsec. (i). Act June 20, 1939, Sec. 5, struck out comma after
"money".
Subsec. (k). Act June 20, 1939, Sec. 6, struck out proviso
relating to calendar days for part-time workers.
Subsec. (n). Act June 20, 1939, Sec. 20, inserted provisions
relating to inclusion within "benefit year" half-months containing
days of unemployment.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of Title 49, Transportation.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 7101(f) of Pub. L. 100-647 provided that: "The amendments
made by this section [amending this section and sections 352, 354,
and 362 of this title] shall take effect upon the date of the
enactment of this Act [Nov. 10, 1988]."
Section 7203(b) of Pub. L. 100-647 provided that: "The amendment
made by this section [amending this section] shall take effect on
July 1, 1988."
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 402(b) of Pub. L. 98-76 applicable to
compensation paid for services rendered after June 30, 1983, see
section 402(c) of Pub. L. 98-76, set out as a note under section
231 of this title.
Amendment by section 403(b) of Pub. L. 98-76 effective Aug. 13,
1981, see section 403(c) of Pub. L. 98-76, set out as a note under
section 231 of this title.
Section 411(b) of Pub. L. 98-76 provided that: "The amendments
made by this section [amending this section and sections 353 and
354 of this title] shall apply to compensation paid for services
rendered after December 31, 1983."
Section 503(c) of Pub. L. 98-76 provided that: "The amendments
made by this section [amending this section and section 358 of this
title] shall apply to compensation paid for services rendered after
December 31, 1983."
EFFECTIVE DATE OF 1975 AMENDMENT
Section 2 of Pub. L. 94-92 provided that:
"(a) The amendment made by section 1(a) of this Act [amending
this section] shall be effective with respect to days of sickness
in registration periods beginning after June 30, 1975.
"(b) The amendment with respect to qualifying conditions made by
section 1(f) [amending section 353 of this title] shall be
effective for services rendered after December 31, 1973.
"(c) The amendments made by sections 1(b), 1(c), and 1(d)(1) of
this Act [amending this section and section 352 of this title]
shall be effective with respect to days of unemployment and days of
sickness in registration periods beginning after June 30, 1975:
Provided, however, That the amount of benefits paid for days of
unemployment or days of sickness in a registration period beginning
after June 30, 1975, and prior to the date of enactment of this Act
[Aug. 9, 1975] shall, if paid to an employee who is covered by a
nongovernmental plan for unemployment or sickness insurance and who
has been paid benefits under such plan for one or more days within
the registration period, be reduced by the amount, if any, by which
the benefits paid to him under the nongovernmental plan would have
been reduced if this Act [amending this section, sections 231m,
352, 353, 358, 360, 361 of this title, and sections 1402 and 3231
of Title 26, Internal Revenue Code, and enacting provisions set out
as notes under this section and sections 231 and 231m of this
title, and section 1402 of Title 26] had been enacted prior to July
1, 1975, so that the employee will receive, the full amount of the
combined benefits that he would have received under the Railroad
Unemployment Insurance Act [this chapter] and the nongovernmental
plan if the benefit increases provided by this Act had been enacted
prior to said date. The amount of each such reduction in the
benefits paid under the amendment made by section 1(c)(2) of this
Act [amending section 352 of this title] shall be paid over by the
Board to the insurer of the nongovernmental plan or to the employer
if a self-insurer. Reductions in benefits and payments to insurers
and employers hereunder shall be made on claims filed with the
Board by such insurers and employers within thirty days after the
date of enactment of this Act [Aug. 9, 1975].
"(d) The amendments made by sections 1(d)(2) and 1(e) of this Act
[amending section 352 of this title] shall be effective with
respect to days of unemployment in registration periods beginning
after June 30, 1975.
"(e) The amendments made by sections 1(g), 1(h), 1(i)(1), and
1(j) of this Act [amending sections 358, 360, and 361 of this
title] shall be effective with respect to compensation paid for
services rendered after December 31, 1975.
"(f) The amendment made by section 1(i)(2) of this Act [amending
section 360 of this title] shall be effective on the date of
enactment of this Act [Aug. 9, 1975]."
EFFECTIVE DATE OF 1968 AMENDMENTS
Section 4(b) of Pub. L. 90-624 provided that: "The amendments
made by section 3 [amending this section] shall apply with respect
to service performed after December 31, 1967."
Amendment by section 201(a)(1) of Pub. L. 90-257 effective as of
July 1, 1968, and amendment by section 201(a)(2) of Pub. L. 90-257
effective with respect to base years beginning in calendar years
after December 31, 1966, see section 208 of Pub. L. 90-257, set out
as a note under section 352 of this title.
EFFECTIVE DATE OF 1959 AMENDMENT
Section 309 of Pub. L. 86-28 provided that: "The amendments made
by section 301(b) [amending this section] shall be effective with
respect to days in registration periods beginning after June 30,
1959. The amendments made by sections 302, 303(a), and 305
[amending sections 352 and 354 of this title] shall be effective
with respect to benefits accruing in general benefit years which
begin after the benefit year ending June 30, 1958, and in extended
benefit periods which begin after December 31, 1957. The amendment
made by section 304 [amending section 353 of this title] shall be
effective with respect to base years after the base year ending
December 31, 1957. The amendments made by clauses (4) and (5) of
section 306 [amending section 358 of this title, increasing the
contribution rates for compensation paid after May, 1959] and
clause (1) of section 307 [amending section 358 of this title,
increasing the contribution rate from 3 to 3 3/4 percent] shall be
effective as of the first day of the calendar month next following
the month in which this Act was enacted [May, 1959], and shall
apply only with respect to compensation paid for services rendered
in calendar months after the month in which this Act was enacted
[May, 1959]."
EFFECTIVE DATE OF 1958 AMENDMENT
Section 207 of Pub. L. 85-927 provided that:
"(a) The amendments made by section 201(a) [amending this
section] shall be effective with respect to registration periods in
benefit years after the benefit year ending on June 30, 1958.
"(b) The amendments made by section 202 [amending section 354 of
this title] shall be effective with respect to days in benefit
years after the benefit year ending on June 30, 1958.
"(c) The remaining amendments made by this part [amending this
section, sections 358, 361, 362 of this title, and section 1104 of
Title 42, The Public Health and Welfare] shall be effective, except
as otherwise indicated therein, on the date of the enactment of
this Act [Sept. 6, 1958]."
EFFECTIVE DATE OF 1954 AMENDMENT
Sections 401 and 402 of act Aug. 31, 1954, provided that:
"Sec. 401. The amendments made by this Act [enacting section 228s-
1 of this title, amending this section, sections 228a, 228b, 228c,
228e, 352, 353, and 358 of this title, sections 3201, 3202, 3211,
3221, and 3231 of Title 26, Internal Revenue Code, and sections
1500, 1501, 1510, 1520, 1532 of the Internal Revenue Code of 1939]
shall be effective July 1, 1954, except as otherwise provided.
"Sec. 402. The provisions of sections 1, 205, and 301 of this Act
[amending this section, section 228a of this title, and section
1532 of the Internal Revenue Code of 1939] shall be effective with
respect to compensation paid on and after April 1, 1954."
EFFECTIVE DATE OF 1951 AMENDMENT
Section 28 of act Oct. 30, 1951, provided that: "The provisions
of sections 26 and 27 of the Act [amending sections 350 and 354 of
this title] shall become effective with respect to registration
periods beginning on and after January 1, 1952."
EFFECTIVE DATE OF 1946 AMENDMENTS
Amendment by sections 1 and 2 of act July 31, 1946, effective
July 31, 1946, see section 401 of act July 31, 1946.
Amendment by sections 301 to 304 of act July 31, 1946, effective
as of 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 1942 AMENDMENT
Act Apr. 8, 1942, besides amending subsec. (e) of this section,
contained the following paragraph: "The amendment in this section
shall operate in the same manner and have the same effect as if it
had been part of the Railroad Unemployment Insurance Act [this
chapter] when that Act was enacted on June 25, 1938: Provided,
however, That no interest or penalties shall accrue or be deemed to
have accrued for the failure to make returns under, or pay
contributions levied by, section 8 of said Railroad Unemployment
Insurance Act [section 358 of this title] with respect to the
compensation of employees of any local lodge or division of a
railway-labor-organization employer earned prior to July 1, 1940,
and with respect to the compensation of employees of any general
committee of a railway-labor-organization 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."
EFFECTIVE DATE OF 1940 AMENDMENT
Section 1 of act Oct. 10, 1940, provided: "That the provisions of
this act [amending this section, sections 228a, 228i, 352 to 355,
356, 361, and 362 of this title, and section 1532 of former Title
26, Internal Revenue Code of 1939, and enacting provisions set out
as notes under this section and section 262 of this title] shall
take effect on November 1, 1940, except that sections 2, 11, 25,
26, and 27 [amending sections 228a, 228i, 351, and 352 of this
title and section 1532 of former Title 26 and enacting provisions
set out as a note under section 262 of this title] shall be
effective as of July 1, 1940, and sections 19 and 20 [amending
section 355 of this title] shall become effective upon the approval
of this act: Provided, however, That -
"(a) A half-month which has begun prior to November 1, 1940, in
accordance with the Railroad Unemployment Insurance Act [this
chapter] and regulations thereunder, and which includes such date,
shall continue, and benefits with respect thereto shall be computed
and paid as if this act had not been enacted;
"(b) All benefit years current on October 31, 1940, shall
terminate (1) on October 31, 1940, or (2) on the last day of a half-
month which includes October 31, 1940 and November 1, 1940,
whichever is later, and, for the purposes of section 2(c) of the
Railroad Unemployment Insurance Act [section 352(c) of this title],
as amended by this act, all benefits paid for unemployment in half-
months begun subsequent to June 30, 1940, and prior to November 1,
1940, shall be deemed to have been paid for unemployment within the
benefit year ending June 30, 1941;
"(c) Benefits for unemployment in the first registration period,
beginning after October 31, 1940, of an employee who has,
subsequent to June 30, 1940, completed a waiting period under
section 3(b) of the Railroad Unemployment Insurance Act [section
353(b) of this title], shall be determined and computed as though
such registration period were a subsequent registration period in
the same benefit year."
EXCLUSION FROM WAGES AND COMPENSATION OF REFUNDS REQUIRED FROM
EMPLOYERS TO COMPENSATE FOR DUPLICATION OF MEDICARE BENEFITS BY
HEALTH CARE BENEFITS PROVIDED BY EMPLOYERS
For purposes of this chapter, the term "compensation" shall not
include the amount of any refund required under section 421 of Pub.
L. 100-360 [42 U.S.C. 1395b note], see section 10202 of Pub. L. 101-
239, set out as a note under section 1395b of Title 42, The Public
Health and Welfare.
(!1) See References in Text note below.