PART 336—DURATION OF NORMAL AND EXTENDED BENEFITS Authority: 45 U.S.C. 362(l). Source: 59 FR 3996, Jan. 28, 1994, unless otherwise noted. Subpart A—Normal Benefits § 336.1 Introduction. (a) General. (b) Definitions. (c) Recovery of benefits. § 336.2 Duration of normal unemployment benefits. (a) 130 compensable day limitation. (b) Base year compensation limit. (c) Unemployment due to a strike. § 336.3 Duration of normal sickness benefits. The duration of normal sickness benefits is the same as the duration of normal unemployment benefits, as set forth in § 336.2 of this part. A qualified employee who has satisfied the benefit year waiting period and is otherwise eligible for sickness benefits may receive benefits for a maximum of 130 days of sickness within a benefit year, but the amount paid as sickness benefits may not exceed the amount of the employee's base year compensation, as computed under § 336.4 of this part. § 336.4 Base year compensation. (a) Formula. (b) Employer's duty to report. (Approved by the Office of Management and Budget under control number 3220-0070) § 336.5 Notice to employee. The Board will notify an employee when it appears that his or her right to normal unemployment or normal sickness benefits will be exhausted. Such notice will include information about the availability of extended benefits under subpart B of this part if the employee has completed 10 years of railroad service and the availability of normal benefits for the next ensuing benefit year if the employee is not eligible for extended benefits. Subpart B—Extended Benefits § 336.10 Eligibility. (a) Except as provided in paragraph (b) of this section, an employee may receive extended unemployment or extended sickness benefits under this part if he or she: (1) Has exhausted normal unemployment or normal sickness benefits (as the case may be) under subpart A of this part; (2) Has completed 10 years of railroad service, as set forth in § 336.13 of this part; and (3) Continues to have days of unemployment or days of sickness, as the case may be. (b) An employee is not eligible for extended sickness benefits if he or she has voluntarily retired or has attained age 65. In the case of claims for unemployment benefits, an employee is not eligible for extended unemployment benefits if he or she has voluntarily left work without good cause or has voluntarily retired. § 336.11 Exhaustion of rights to normal unemployment benefits. For the purposes of this part, the Board considers that an employee has exhausted his or her current rights to normal benefits for days of unemployment if: (a) The employee received unemployment benefits for 130 days of unemployment in the benefit year; or (b) The employee received unemployment benefits in the benefit year equal to the amount of his or her base year compensation; or (c) At the end of a normal benefit year during which the employee was qualified for benefits, he or she received less than the maximum unemployment benefits for the benefit year and he or she is not qualified for benefits in the next succeeding benefit year. § 336.12 Exhaustion of rights to normal sickness benefits. For the purposes of this part, the Board considers that an employee has exhausted his or her current rights to normal benefits for days of sickness if: (a) The employee received sickness benefits for 130 days of sickness in the benefit year; or (b) The employee received sickness benefits in the benefit year equal to the amount of his or her base year compensation; or (c) At the end of the normal benefit year during which the employee was qualified for benefits, he or she received less than the maximum sickness benefits for the benefit year and he or she is not qualified for benefits in the next succeeding benefit year. § 336.13 Years of service requirement. (a) Eligibility. (b) Initial determination. (c) Effective date. [65 FR 19649, Apr. 12, 2000] § 336.14 Extended benefit period. (a) Defined. (b) Beginning date. (c) Ending date. (d) Maximum number of compensable days. [59 FR 3996, Jan. 28, 1994, as amended at 65 FR 19649, Apr. 12, 2000] § 336.15 How to claim extended benefits. An employee who has 10 or more years of railroad service who exhausts his or her rights to normal unemployment or normal sickness benefits and who wishes to claim extended unemployment or extended sickness benefits may do so by claiming benefits on the forms provided by the Board pursuant to parts 325 or 335 of this chapter. The claim forms provided for this purpose are the same as those provided for claiming normal benefits. No special application for extended benefits is required, and no waiting period applies to the payment of extended benefits. § 336.16 Notice to employee. Upon determining that an employee is eligible for a period of extended unemployment or sickness benefits, the Board will notify the employee of the beginning and ending dates of such extended benefit period.