republic-os/legal/us/code/title-45/chapter-11/section-353.md

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LegalText	45 U.S.C. § 353	Qualifying condition	us	united_states_code	code_section	45	RAILROADS	11	RAILROAD UNEMPLOYMENT INSURANCE	353	45 U.S.C. § 353	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc45@119-100.zip	/us/usc/t45/s353	data/legal/raw/us/code/title-45/usc45.xml	4c075f7ca8503cd0c7d99b69b0d7bc93fb6c4534fcf6c3c29074341034d7a6f4	6ff04cb352e22f8a18f24c94e9adb8036909cf2a75f41489d768a5934fb9667c	80ed4c02717ca097581079179fe865a025b0e0c8bd37d2902181a6240cb9e368	2026-07-04	official	legal us-code

45 U.S.C. § 353 - Qualifying condition

Text

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.

(June 25, 1938, ch. 680, § 3, 52 Stat. 1097; June 20, 1939, ch. 227, § 10, 53 Stat. 845; Oct. 10, 1940, ch. 842, § 13, 54 Stat. 1097; July 31, 1946, ch. 709, § 308, 60 Stat. 737; May 15, 1952, ch. 290, § 2, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt. III, § 303, 68 Stat. 1041; Pub. L. 86–28, pt. III, § 304, May 19, 1959, 73 Stat. 31; Pub. L. 88–133, title III, § 301(a), Oct. 5, 1963, 77 Stat. 222; Pub. L. 90–257, title II, § 203, Feb. 15, 1968, 82 Stat. 24; Pub. L. 94–92, title I, § 1(f), Aug. 9, 1975, 89 Stat. 463; Pub. L. 98–76, title IV, § 411(a)(2), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100–647, title VII, § 7202(a), Nov. 10, 1988, 102 Stat. 3776.)

Notes

Editorial Notes

Amendments1988—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 AmendmentPub. 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 AmendmentPub. 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.