PART 325—REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS Authority: 45 U.S.C. 362(i) and 362(l). Source: 54 FR 24551, June 8, 1989, unless otherwise noted. § 325.1 General. (a) Day of unemployment. (b) Registration period. (1) His or her last day of work, or (2) The last day of the employee's last preceding registration period, and with respect to which the employee properly files a claim for benefits on such form and in such manner as the Board prescribes. (c) General waiting period. (d) Strike waiting period. (e) Period of continuing unemployment. (f) Computation of compensable days Example 1. (2) Example 2. (3) Example 3. (g) Remuneration exceeds base year compensation. (2) Days of unemployment which are not compensable by virtue of paragraph (g)(1) of this section shall nevertheless be counted as days of unemployment for purposes of determining whether the general waiting period, as described in paragraph (c) of this section, has been satisfied, and for purposes of determining a period of continuing unemployment. (h) Pay for time lost. [54 FR 24551, June 8, 1989, as amended at 65 FR 19647, Apr. 12, 2000] § 325.2 Procedure for registering for unemployment benefits. (a) Registering as unemployed. (1) Apply for unemployment benefits and employment service in accordance with § 325.3; (2) File a claim in accordance with § 325.4; and (3) Provide any other information that the Board needs to properly adjudicate his or her right to unemployment benefits. (b) No benefits payable without registration. (c) When a registration period may begin. Example 1. An employee whose rest days are Saturday and Sunday is laid off on Friday, September 2, after working his regular shift on that day. His first 14-day registration period could start as early as Saturday, September 3. A registration period starting on September 3 would end on September 16. If he continues to be unemployed, his next registration period could begin September 17 and end September 30, and so forth. Example 2. An employee whose rest days are Saturday and Sunday is laid off on Friday, September 2, but he decides to take two weeks' vacation pay covering days through Friday, September 16. Because he will have received remuneration for days through September 16, his claim for unemployment benefits could begin on Saturday, September 17, if he continues to be unemployed after his vacation ends. Example 3. An employee whose rest days are Saturday and Sunday is laid off on Monday, September 5, after working his regular shift on that day. His first 14-day registration period could begin on Tuesday, September 6, the first day on which he was unemployed following his last day of work. (Approved by the Office of Management and Budget under control number 3220-0166) § 325.3 Application for unemployment benefits and employment service. (a) Requirement. (1) The employee filed an application for an initial period of unemployment in a benefit year and has a subsequent period of unemployment within the same benefit year; or (2) The employee had filed an application for benefits for a period of unemployment that began in the preceding benefit year and the period of unemployment continued into the next ensuing benefit year. In either of these circumstances, the initial application will be treated as an application for days in the subsequent period of unemployment or as an application for days in the next ensuing benefit year, as the case may be. (b) Purpose of application. (c) Time for filing application. (d) Extension of time for filing. (1) The employee can show that he or she made a reasonable effort to file the form on time but was prevented from doing so by circumstances beyond his or her control; provided, however, that lack of diligence, forgetfulness or lack of knowledge of the time limit for applying shall not be considered to be a circumstance beyond the employee's control; and (2) The employee files an application within one year of the day or days that he or she claims as a day or days of unemployment. § 325.4 Claim for unemployment benefits. (a) Requirement. (b) Claim. (c) Time for filing. (d) Claim for new period of unemployment. (e) Delayed claims. (f) Claim required for waiting period. (g) Withdrawal of claim. [54 FR 24551, June 8, 1989, as amended at 58 FR 45841, Aug. 31, 1993] § 325.5 Death of employee. If an employee dies before filing one or more of the required forms, the form or forms may be filed by or in behalf of the person or persons to whom benefits would be payable pursuant to section 2(g) of the Act. Such form or forms shall be filed within the time prescribed in § 325.3. Under these circumstances, the word “employee”, as used in this part, shall include the individual or individuals by or in behalf of whom the form is filed. § 325.6 Verification procedures. The Board's procedures for adjudicating and processing applications and claims for unemployment benefits filed pursuant to this part will include both pre-payment and post-payment procedures for verifying the validity of such applications and claims. Such procedures shall be designed with a view to obtaining substantial evidence as to the days of unemployment of the employees who register in accordance with this part. The verification procedures shall include, but are not limited to: (a) Pre-payment contacts with railroad employers, utilizing data processing techniques to the extent feasible so as not to delay unduly the payment of valid claims; and (b) Computer matching programs with state agencies or other entities that may have relevant data concerning non-railroad employment and benefit payments under state unemployment compensation laws.