PART 322—REMUNERATION Authority: 45 U.S.C. 362(l). Source: Board Order 59-73, 24 FR 2487, Mar. 31, 1959, unless otherwise noted. § 322.1 Introduction. The Railroad Unemployment Insurance Act provides benefits for a qualified employee's days of unemployment or days of sickness, as defined in section 1(k) of the Act. Under that section, no day can be a day of unemployment or a day of sickness for any employee if “remuneration” is payable or accrues to the employee for such day. In computing the amount of benefits payable to an employee for days of unemployment or days of sickness in any registration period, or in determining whether the employee has satisfied the waiting period requirement, the Board will not count any day with respect to which remuneration is payable or accrues to the employee. Section 322.2 defines the term “remuneration” and explains what types of payments to employees constitute remuneration. [65 FR 14459, Mar. 17, 2000] § 322.2 General definition of remuneration. (a) Remuneration. (2) Remuneration includes income in the form of a commodity, service, or privilege if, before the performance of the service for which it is payment, the parties have agreed upon the value of such commodity, service, or privilege, and that such part of the amount agreed upon to be paid may be paid in the form of such commodity, service, or privilege. (3) Remuneration for a working day that includes a part of two consecutive calendar days is deemed to have been earned on the first of such two days. (b) Subsidiary remuneration. (c) Supplemental unemployment or sickness benefits. [65 FR 14459, Mar. 17, 2000] § 322.3 Determining the days with respect to which remuneration is payable or accrues. (a) Payable or accrues. (1) The intention of the parties with respect to the remuneration as indicated in employment contracts, in any expressed or implied agreements between the parties, and by the actions of the parties; (2) Any evidence, such as vouchers or agreement of the parties, relating the remuneration to a particular period of time or indicating that the remuneration accrued or became payable without reference to any particular period of time; (3) The measure by which the amount of remuneration was determined; (4) Whether the amount of the remuneration is proportionate to the length of time needed to render the service for which it is payment; (5) Whether the service for which the remuneration accrues is required to be rendered on any particular day or particular days; and (6) Whether a specified amount of the remuneration is contingent upon a result accomplished on a particular day or particular days. (b) Layover days. (c) Guaranteed earnings. (d) Equivalent of full-time work. [Board Order 59-73, 24 FR 2487, Mar. 31, 1959, as amended at 65 FR 14460, Mar. 17, 2000] § 322.4 Consideration of evidence. (a) Initial proof. (b) Investigation. (Approved by the Office of Management and Budget under control number 3220-0049) [Board Order 59-73, 24 FR 2487, Mar. 31, 1959, as amended at 52 FR 11017, Apr. 6, 1987; 65 FR 14460, Mar. 17, 2000] § 322.5 Payments under vacation agreements. (a) General. (b) Vacation pay. (c) Pay in lieu of vacation. (1) The payment is made at the end of the vacation year to an employee who did not take his vacation during such year; or (2) The payment is made after the employee's death, or after he ceased service for the purpose of receiving an annuity, and the payment is credited to the employee's last day of service; or (3) It is otherwise established that the parties intended the payment to be in lieu of vacation, without reference to any particular period. [Board Order 59-73, 24 FR 2487, Mar. 31, 1959, as amended at 65 FR 14460, Mar. 17, 2000] § 322.6 Pay for time lost. (a) Definition. (b) Employment relationship required. (c) Initial evidence. [Board Order 59-73, 24 FR 2487, Mar. 31, 1959, as amended at 65 FR 14460, Mar. 17, 2000] § 322.7 Dismissal, coordination, and separation allowances. (a) Coordination or dismissal allowance. (b) Separation allowance. [65 FR 14460, Mar. 17, 2000] § 322.8 Miscellaneous income. (a) Income from self-employment. (b) Income from investment. (c) Commissions on sales. (d) Payments for service as a public official. (1) The amount of the income; (2) The terms and conditions of payment; (3) The character and extent of the services rendered; (4) The importance, prestige, and responsibilities attached to the position; (5) The day or days on which services, or readiness to perform services, are required; and (6) The provisions of the applicable statutes. (e) Payments to local lodge officials. (f) Public relief payments. [Board Order 59-73, 24 FR 2487, Mar. 31, 1959, as amended at 65 FR 14460, Mar. 17, 2000] § 322.9 Subsidiary remuneration. (a) Definition. (1) The work from which the remuneration derives requires substantially less than full time as determined by generally prevailing standards; and (2) The work 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. (b) Exception. (c) Period for which remuneration is payable or accrues. (d) Substantially less than full time. (e) Compatibility with full time employment. (f) Determinations. (g) Examples. (1) A claimant receives a salary of $350 per month for serving as secretary-treasurer of the local lodge of his union. He performs a variety of duties at his own convenience while holding down a full-time railroad job in his craft. The average payment per day is not more than $15 and is, therefore, subsidiary remuneration. (2) A claimant worked three hours per day, at $5 per hour, in the family insurance business. He was marked up for work as an extra board trainman and worked whenever he was called. When called, he skipped work in the family insurance business. His insurance earnings of $15 per day were subsidiary remuneration. (3) While unemployed from her railroad job, a claimant took a job as a school bus driver. She worked from 7 a.m. to 9 a.m., and 2:30 p.m. to 5:30 p.m. Her regular railroad job was a daytime job from 8 a.m. to 4:30 p.m. Her pay as a school bus driver was not subsidiary remuneration because the job was not compatible with the holding of full time work in her regular railroad occupation. [65 FR 14460, Mar. 17, 2000]