PART 302—QUALIFIED EMPLOYEE Authority: 45 U.S.C. 362(1). Source: 56 FR 6966, Feb. 21, 1991, unless otherwise noted. § 302.1 Introduction. This part sets forth the base year service and compensation required of an employee to qualify for benefits under the Railroad Unemployment Insurance Act with respect to a benefit year. Under the Act, only employees who satisfy the qualifying conditions of section 3 of the Act may be paid benefits. No provision is made for payment of dependents benefits for an employee's spouse or children. A qualified employee who claims benefits must demonstrate that he or she is eligible for benefits in accordance with the other provisions of the Act and this chapter. However, a qualified employee who is disqualified under any of the provisions of section 4 of the Act does not forfeit his or her status as a qualified employee. § 302.2 Definitions. Base year. Benefit year. Compensation. Monthly compensation base. For the purpose of this formula, “MCB” is the dollar amount of the monthly compensation base, and “A” is the amount of the Tier I tax base under section 3231(e)(2) of the Internal Revenue Code for the calendar year for which the monthly compensation base is being computed. If the dollar amount computed under this formula is not a multiple of $5, it shall be rounded to the nearest multiple of $5. If the dollar amount computed is equidistant between two multiples of $5, it shall be rounded up the nearest multiple of $5. Registration period. [56 FR 6966, Feb. 21, 1991; 56 FR 10302, Mar. 11, 1991] § 302.3 Qualifying conditions. (a) Basic requirements. (1) Must have earned compensation in an amount equal to at least 2.5 times the amount of the monthly compensation base during his or her base year; and (2) If such employee has earned no compensation prior to such base year, he or she must have earned compensation in at least five months during his or her base year. (b) Deemed service months disregarded. § 302.4 Nonqualifying earnings or payments. The following types of earnings or payments do not count as compensation for the purpose of determining whether an employee has satisfied the base year qualifying conditions: (a) Compensation earned as an employee representative, as defined in part 205 of this chapter, or as an employee of a local lodge or division of a railway labor organization; (b) Tips; (c) Payments under nongovernmental plans for unemployment, maternity or sickness insurance; (d) Personal injury settlements or judgments, unless a portion thereof represents pay for time lost; (e) Wages from employment that is subject to the Federal Unemployment Tax Act; (f) Earnings from self-employment or investments; (g) Pay for military service; (h) Remuneration for service which is performed by a nonresident alien individual for the period he or she is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose specified in subparagraph (F) or (J), as the case may be; and (i) Any payment that is not subject to contributions under section 8 of the Railroad Unemployment Insurance Act. [56 FR 6966, Feb. 21, 1991; 56 FR 10302, Mar. 11, 1991] § 302.5 Accelerated benefit year. (a) Eligibility conditions. (1) The employee has 10 or more years of service, as defined in part 210 of this chapter, prior to the beginning of his or her current period of unemployment or sickness; (2) The employee has satisfied the qualifying conditions as defined in § 302.3 of this part with respect to the next succeeding benefit year; (3) The employee's current period of unemployment or sickness includes at least 14 consecutive days of unemployment or 14 consecutive days of sickness; and (4)(i) If the applicant is claiming unemployment benefits, he or she did not voluntarily leave work without good cause or did not voluntarily retire, or (ii) If the applicant is claiming sickness benefits, he or she has not attained age 65 or has not voluntarily retired. (b) Beginning date of benefit year. (c) Effect of attaining age 65. § 302.6 Publication requirements. (a) Publication of base year compensation requirement. Federal Register (b) Notices. § 302.7 Establishing base year service and compensation. (a) Employer reports. (b) No employer report located. (c) Employer fails to report. (1) Statements, under oath or otherwise, signed by an official or duly authorized employee of a Federal or State governmental agency, based upon reports to the agency by the employer; or (2) Statements, under oath or otherwise, signed by an officer or a duly authorized employee of the employer, or if not so signed, on forms prepared by the employer. (Approved by the Office of Management and Budget under control numbers 3220-0025 and 3220-0070)