45 U.S.C. § 352 : US Code - Section 352: Benefits

Search 45 U.S.C. § 352 : US Code - Section 352: Benefits

    (a) Days for which benefits payable; determination of amount
      (1)(A) Payment of Unemployment Benefits. - 
        (i) Generally. - Except as otherwise provided in this
      subparagraph, benefits shall be payable to any qualified employee
      for each day of unemployment in excess of 4 during any
      registration period within a period of continuing unemployment.
        (ii) Waiting period for first registration period. - Benefits
      shall be payable to any qualified employee for each day of
      unemployment in excess of 7 during that employee's first
      registration period in a period of continuing unemployment if
      such period of continuing unemployment is the employee's initial
      period of continuing unemployment commencing in the benefit year.
        (iii) Strikes. - 
          (I) Initial 14-day waiting period. - If the Board finds that
        a qualified employee has a period of continuing unemployment
        that includes days of unemployment due to a stoppage of work
        because of a strike in the establishment, premises, or
        enterprise at which such employee was last employed, no
        benefits shall be payable for such employee's first 14 days of
        unemployment due to such stoppage of work.
          (II) Subsequent days of unemployment. - For subsequent days
        of unemployment due to the same stoppage of work, benefits
        shall be payable as provided in clause (i) of this
        subparagraph.
          (III) Subsequent periods of continuing unemployment. - If
        such period of continuing unemployment ends by reason of clause
        (v) but the stoppage of work continues, the waiting period
        established in clause (ii) shall apply to the employee's first
        registration period in a new period of continuing unemployment
        based upon the same stoppage of work.

        (iv) Definition of period of continuing unemployment. - Except
      as limited by clause (v), for the purposes of this subparagraph,
      the term "period of continuing unemployment" means - 
          (I) a single registration period that includes more than 4
        days of unemployment;
          (II) a series of consecutive registration periods, each of
        which includes more than 4 days of unemployment; or
          (III) a series of successive registration periods, each of
        which includes more than 4 days of unemployment, if each
        succeeding registration period begins within 15 days after the
        last day of the immediately preceding registration period.

        (v) Special rule regarding end of period. - For purposes of
      applying clause (ii), a period of continuing unemployment ends
      when an employee exhausts rights to unemployment benefits under
      subsection (c) of this section.
        (vi) Limit on amount of benefits. - No benefits shall be
      payable to an otherwise eligible employee for any day of
      unemployment in a registration period where the total amount of
      the remuneration (as defined in section 351(j) of this title)
      payable or accruing to him for days within such registration
      period exceeds the amount of the base year monthly compensation
      base. For purposes of the preceding sentence, an employee's
      remuneration shall be deemed to include the gross amount of any
      remuneration that would have become payable to that employee but
      did not become payable because that employee was not ready or
      willing to perform suitable work available to that employee on
      any day within such registration period.

      (B) Payment of Sickness Benefits. - 
        (i) Generally. - Except as otherwise provided in this
      subparagraph, benefits shall be payable to any qualified employee
      for each day of sickness after the 4th consecutive day of
      sickness in a period of continuing sickness but excluding 4 days
      of sickness in any registration period in such period of
      continuing sickness.
        (ii) Waiting period for first registration period. - Benefits
      shall be payable to any qualified employee for each day of
      sickness in excess of 7 during that employee's first registration
      period in a period of continuing sickness if such period of
      continuing sickness is the employee's initial period of
      continuing sickness commencing in the benefit year. For the
      purposes of this clause, the first registration period in a
      period of continuing sickness is that registration period that
      first begins with 4 consecutive days of sickness and includes
      more than 4 days of sickness.
        (iii) Definition of period of continuing sickness. - For the
      purposes of this subparagraph, a period of continuing sickness
      means - 
          (I) a period of consecutive days of sickness, whether from 1
        or more causes; or
          (II) a period of successive days of sickness due to a single
        cause without interruption of more than 90 consecutive days
        which are not days of sickness.

        (iv) Special rule regarding end of period. - For purposes of
      applying clause (ii), a period of continuing sickness ends when
      an employee exhausts rights to sickness benefits under subsection
      (c) of this section.

      (2) The daily benefit rate with respect to any such employee for
    such day of unemployment or sickness shall be in an amount equal to
    60 per centum of the daily rate of compensation for the employee's
    last employment in which he engaged for an employer in the base
    year, but not less than $12.70: Provided, however, That for
    registration periods beginning after June 30, 1975, but before July
    1, 1976, such amount shall not exceed $24 per day of such
    unemployment or sickness, that for registration periods beginning
    after June 30, 1976, but before July 1, 1988, such amount shall not
    exceed $25 per day of such unemployment or sickness, that for
    registration periods beginning after June 30, 1988, but before July
    1, 1989, such amount shall not exceed $30 per day of unemployment
    or sickness, and that for registration periods beginning after June
    30, 1989, such amount shall not exceed the maximum daily benefit
    rate provided in paragraph (3) of this subsection. The daily rate
    of compensation referred to in this paragraph shall be determined
    by the Board on the basis of information furnished to the Board by
    the employee, his employer, or both.
      (3) The maximum daily benefit rate computed by the Board under
    section 362(r)(2) of this title shall be the product of the monthly
    compensation base, as computed under section 351(i)(2) of this
    title for the base year immediately preceding the beginning of the
    benefit year, multiplied by 5 percent. If the maximum daily benefit
    rate so computed is not a multiple of $1, it shall be rounded down
    to the nearest multiple of $1.
      (4) In computing benefits to be paid, days of unemployment shall
    not be combined with days of sickness in the same registration
    period.
    (b) Time of payments
      The benefits provided for in this section shall be paid to an
    employee at such reasonable intervals as the Board may prescribe.
    (c) Maximum number of days for benefits
      (1) Normal benefits
        (A) Generally
          The maximum number of days of unemployment within a benefit
        year for which benefits may be paid to an employee shall be
        130, and the maximum number of days of sickness within a
        benefit year for which benefits may be paid to an employee
        shall be 130.
        (B) Limitation
          The total amount of benefits that may be paid to an employee
        for days of unemployment within a benefit year shall in no case
        exceed the employee's compensation in the base year; and the
        total amount of benefits that may be paid to an employee for
        days of sickness within a benefit year shall in no case exceed
        the employee's compensation in the base year, except that
        notwithstanding section 351(i) of this title, in determining
        the employee's compensation in the base year for the purpose of
        this sentence, any money remuneration paid to the employee for
        services rendered as an employee shall be taken into account
        that is not in excess of an amount that bears the same ratio to
        $775 as the monthly compensation base for that year as computed
        under section 351(i) of this title bears to $600.
      (2) Extended benefits
        (A) Generally
          With respect to an employee who has 10 or more years of
        service as defined in section 231(f) of this title, who did not
        voluntarily retire and (in a case involving exhaustion of
        rights to normal benefits for days of unemployment) did not
        voluntarily leave work without good cause, and who had current
        rights to normal benefits for days of unemployment or days of
        sickness in a benefit year but has exhausted such rights, the
        benefit year in which such rights are exhausted shall be deemed
        not to be ended until the last day of the extended benefit
        period determined under this paragraph, and extended
        unemployment benefits or extended sickness benefits (depending
        on the type of normal benefit rights exhausted) may be paid for
        not more than 65 days of unemployment or 65 days of sickness
        within such extended benefit period.
        (B) Beginning date
          An employee's extended benefit period shall begin on the
        employee's first day of unemployment or first day of sickness,
        as the case may be, following the day on which the employee
        exhausts the employee's then current rights to normal benefits
        for days of unemployment or days of sickness and shall continue
        for 7 consecutive 14-day periods, each of which shall
        constitute a registration period, but no such extended benefit
        period shall extend beyond the beginning of the first
        registration period in a benefit year in which the employee is
        again qualified for benefits in accordance with section 353 of
        this title on the basis of compensation earned after the first
        of such consecutive 14-day periods has begun.
        (C) Termination when employee reaches age of 65
          Notwithstanding any other provision of this paragraph, an
        extended benefit period for sickness benefits shall terminate
        on the day next preceding the date on which the employee
        attains age 65, except that it may continue for the purpose of
        paying benefits for days of unemployment.
        (D) Temporary increase in extended unemployment benefits
          (i) Employees with 10 or more years of service
            Subject to clause (iii), in the case of an employee who has
          10 or more years of service (as so defined), with respect to
          extended unemployment benefits - 
              (I) subparagraph (A) shall be applied by substituting
            "130 days of unemployment" for "65 days of unemployment";
            and
              (II) subparagraph (B) shall be applied by inserting "(or,
            in the case of unemployment benefits, 13 consecutive 14-day
            periods)" after "7 consecutive 14-day periods".
          (ii) Employees with less than 10 years of service
            Subject to clause (iii), in the case of an employee who has
          less than 10 years of service (as so defined), with respect
          to extended unemployment benefits, this paragraph shall apply
          to such an employee in the same manner as this paragraph
          would apply to an employee described in clause (i) if such
          clause had not been enacted.
          (iii) Application
            The provisions of clauses (i) and (ii) shall apply to an
          employee who received normal benefits for days of
          unemployment under this chapter during the period beginning
          July 1, 2008, and ending on August 31, 2011, except that no
          extended benefit period under this paragraph shall begin
          after February 29, 2012. Notwithstanding the preceding
          sentence, no benefits shall be payable under this
          subparagraph and clauses (i) and (ii) shall no longer be
          applicable upon the exhaustion of the funds appropriated
          under clause (iv) for payment of benefits under this
          subparagraph.
          (iv) Appropriation
            Out of any funds in the Treasury not otherwise
          appropriated, there are appropriated $20,000,000 to cover the
          cost of additional extended unemployment benefits provided
          under this subparagraph, to remain available until expended.
          In addition to the amount appropriated by the preceding
          sentence, out of any funds in the Treasury not otherwise
          appropriated, there are appropriated $175,000,000 to cover
          the cost of additional extended unemployment benefits
          provided under this subparagraph, to remain available until
          expended.
      (3) Accelerated benefits
        (A) General rule
          With respect to an employee who has 10 or more years of
        service as defined in section 231(f) of this title, who did not
        voluntarily retire, and (in a case involving unemployment
        benefits) did not voluntarily leave work without good cause,
        who has 14 or more consecutive days of unemployment, or 14 or
        more consecutive days of sickness, and who is not a qualified
        employee with respect to the general benefit year current when
        such unemployment or sickness commences but is or becomes a
        qualified employee for the next succeeding general benefit
        year, such succeeding general benefit year shall, in that
        employee's case, begin on the first day of the month in which
        such unemployment or sickness commences.
        (B) Exception
          In the case of a succeeding benefit year beginning in
        accordance with subparagraph (A) by reason of sickness, such
        sentence shall not operate to permit the payment of benefits in
        the period provided for in such sentence for any day of
        sickness beginning with the date on which the employee attains
        age 65, and continuing through the day preceding the first day
        of the next succeeding general benefit year.
        (C) Determination of age
          For the purposes of this subsection, the Board may rely on
        evidence of age available in its records and files at the time
        determinations of age are made.
    (d) Overpayment of benefits; recovery; liability of officers
      If the Board finds that at any time more than the correct amount
    of benefits has been paid to any individual under this chapter or a
    payment has been made to an individual not entitled thereto
    (including payments made prior to July 1, 1940), recovery by
    adjustments in subsequent payments to which such individual is
    entitled under this chapter or any other Act administered by the
    Board may, except as otherwise provided in this subsection, be made
    under regulations prescribed by the Board. If such individual dies
    before recovery is completed, recovery may be made by set-off or
    adjustments, under regulations prescribed by the Board, in
    subsequent payments due, under this chapter or any other Act
    administered by the Board, to the estate, designee, next of kin,
    legal representative, or surviving spouse of such individual, with
    respect to the employment of such individual.
      Adjustments under this subsection may be made either by
    deductions from subsequent payments or, with respect to payments
    which are to be made during a lifetime or lifetimes, by subtracting
    the total amount of benefits paid in excess of the proper amount
    from the actuarial value, as determined by the Board, of such
    payments to be made during a lifetime or lifetimes and recertifying
    such payments on the basis of the reduced actuarial value. In the
    latter case, recovery shall be deemed to have been completed upon
    such recertification.
      There shall be no recovery in any case in which more than the
    correct amount of benefits has been paid to an individual or
    payment has been made to an individual not entitled thereto
    (including payments made prior to July 1, 1940) who, in the
    judgment of the Board, is without fault when, in the judgment of
    the Board, recovery would be contrary to the purpose of this
    chapter or would be against equity or good conscience.
      No certifying or disbursing officer shall be held liable for any
    amount certified or paid by him in good faith to any person where
    the recovery of such amount is waived under the third paragraph of
    this subsection or has been begun but cannot be completed under the
    first paragraph of this subsection.
    (e) Assignment, taxation, garnishment, attachment, etc., of
      benefits
      Notwithstanding any other law of the United States, or of any
    State, Territory, or the District of Columbia, no benefits shall be
    assignable or be subject to any tax or to garnishment, attachment,
    or other legal process under any circumstances whatsoever, nor
    shall the payment thereof be anticipated.
    (f) Effect of payment of benefits for remunerable period; payment
      of surplus remuneration to Board
      If (i) benefits are paid to any employee with respect to
    unemployment or sickness in any registration period, and it is
    later determined that remuneration is payable to such employee with
    respect to any period which includes days in such registration
    period which had been determined to be days of unemployment or
    sickness, and (ii) the person or company from which such
    remuneration is payable has, before payment thereof, notice of the
    payment of benefits upon the basis of days of unemployment or
    sickness included in such period, the remuneration so payable shall
    not be reduced by reason of such benefits but the remuneration so
    payable, to the extent to which benefits were paid upon the basis
    of days which had been determined to be days of unemployment or
    sickness and which are included in the period for which such
    remuneration is payable, shall be held to be a special fund in
    trust for the Board. The amount of such special fund shall be paid
    to the Board and in the collection thereof the Board shall have the
    same authority, and the same penalties shall apply, as are provided
    in section 358 of this title with respect to contributions. The
    proceeds of such special fund shall be credited to the account.
    Such benefits, to the extent that they are represented in such a
    special fund which has been collected by the Board, shall be
    disregarded for the purposes of subsection (c) of this section.
    (g) Payment of accrued benefits upon death
      Benefits accrued to an individual but not yet paid at death
    shall, upon certification by the Board, be paid, without necessity
    of filing further claims therefor, to the same individual or
    individuals to whom any accrued annuities under section 231e(a)(1)
    of this title are paid. In the event that no such accrued annuities
    are paid, and if application for such accrued benefits is filed
    prior to the expiration of two years after the death of the
    individual to whom such benefits accrued, such accrued benefits
    shall be paid, upon certification by the Board, to the individual
    or individuals who would be entitled thereto under section
    231e(a)(1) of this title if such accrued benefits were accrued
    annuities. If there is no individual to whom all or any part of
    such accrued benefits can be paid in accordance with the foregoing
    provisions, such benefits or part thereof shall escheat to the
    credit of the account.