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801 Provision of the Act and the Regulations

801.01 The Act

Section 1(k) of the Act provides, in part, as follows:

"... a day of unemployment, with respect to any employee, means a calendar day 

on which he is...available for work..."

802 Meaning of "Available for Work"

802.01 Available

A claimant is available for work if he or she is willing and ready to work.

802.02 Willing to work

A claimant is willing to work if he or she is willing to accept and perform for hire 

such work as is reasonably appropriate to his or her circumstances in view of 

factors such as:

a. The current practices recognized by management and labor with respect 

to such work;

b. The degree of risk involved to the claimant's health, safety, and morals;

c. The claimant's physical fitness and prior training; 

d. The claimant's experience and prior earnings;

e. The claimant's length of unemployment and prospects for obtaining work; 

and

f. The distance of the work from the claimant's residence and most recent 

work.

802.03 Ready to work

A claimant is ready to work if he or she:

a. Is in a position to receive notice of work which he or she is willing to 

accept and perform, and

b. Is prepared to be present with the customary equipment at the location of 

such work within the time usually allotted.
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802.04 Work

Work means services for hire.

803 Consideration of Availability

803.01 Initial proof

When a claimant has registered for unemployment benefits in accordance with 

the Railroad Retirement Board's (RRB) regulations, he or she will, absent any 

evidence to the contrary, initially be considered available for work. Evidence to 

the contrary includes any evidence of unavailability provided by the claimant's 

base year employer(s) pursuant to section 5(b) of the Railroad Unemployment 

Insurance Act or by his or her current employer, if different than the base year 

employer.

803.02 Information indicating unavailability

If the office of the RRB which is adjudicating an individual's claims for benefits 

receives information indicating that the claimant may not be available for work, 

the claimant will be required to submit evidence of his or her availability for work, 

and no benefits will thereafter be paid with respect to any day in the period of the 

claimant's unemployment, unless sufficient evidence of the claimant's availability 

for work on such day is presented.

803.03 Reasonable efforts to obtain work

a. Requirement

A claimant may be required at any time to show, as evidence of willingness to 

work, that he or she is making reasonable efforts to obtain work which he or she 

professes to be willing to accept and perform, unless he or she has good 

prospects of obtaining such work or his or her circumstances are such that any 

efforts to obtain work other than by making application for employment service 

pursuant to section 325.13 of the regulations would be fruitless to the claimant.

b. Failure to comply with requirement

When the office of the RRB, which is adjudicating claims for benefits, has 

information that the claimant has failed to comply with the requirements set forth 

in the preceding paragraph, no benefits are to be paid with respect to any days in 

the period of the claimant's unemployment unless sufficient evidence of the 

claimant's availability for work on such days is presented.

c. What constitutes "reasonable efforts"

A claimant is considered to be making reasonable efforts to obtain work when he 

or she takes such steps toward obtaining work as are appropriate to his or her 
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circumstances. In determining what steps are appropriate to a claimant's 

circumstances, consideration will be given to actions such as:

1. registering with a union hiring or placement facility;

2. applying for employment with former employers;

3. making application with employers, including individuals and companies not 

covered by the Act, who may reasonably be expected to have openings in 

suitable work; 

4. responding to appropriate "want ads" for work which appears suitable; 

5. actively prosecuting a claim for reinstatement in his or her former work; and

6. any other action reasonably directed toward obtaining work.

803.04 Unreasonable restriction on work

A claimant who places unreasonable restrictions on the work he or she is willing 

to accept and perform for hire is not willing to work.

a. Unreasonable restriction is to be determined from a consideration of all 

factors considered in determining good cause and suitability of work.

b. It is not necessary that a claimant be willing to accept all suitable work he 

or she does not have good cause to refuse. The claimant is allowed some 

freedom of choice. However, as the length of unemployment increases 

and prospects of securing work diminish, a claimant may be expected to 

increase the sphere of work he or she is willing to accept.

c. A claimant who is willing to accept work only with a particular employer or 

in a particular occupation, job, or location is not placing unreasonable 

restriction on his or her willingness to accept and perform work if:

1. the claimant is so employed at substantial work, or

2. the claimant has good prospects of being so employed within one 

month.

Work may be considered substantial if the claimant averages three days' 

employment per registration period during the over-all period in which 

availability is in question, although the substantiality of work will in part 

depend upon comparison with the income and security of work which can 

be obtained from other job opportunities.

d. A claimant who has been discharged or suspended and who is seeking 

reinstatement may be considered willing to work, even though he or she is 
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not willing to accept other work until final action has been taken on his or 

her request for reinstatement.

1. If an employee's claim for reinstatement is being actively 

prosecuted, the employee is to be considered willing to work. A 

union official's statement that the union is seeking the employee's 

reinstatement is usually sufficient evidence that a claim for 

reinstatement is being actively prosecuted. 

2. If efforts to obtain the reinstatement of an employee are based, not 

on a claim but on factors such as leniency, consideration must be 

given to: (1) whether efforts toward reinstatement are being made 

currently and (2) whether final action is likely to take place within a 

reasonable time. In such a case, an employee may be considered 

available for work if his or her union is currently engaged in efforts 

to obtain reinstatement. If there are no current efforts, and a 

request for the employee's reinstatement is to be made later, the 

employee is to be considered willing to work only if it is reasonable 

to expect his or her employer to take action within a reasonable 

time, for example three months, or if the employee is making 

reasonable efforts to get other work.

804 Action to be taken in Various Types of Cases

804.01 Introduction

In the absence of other evidence regarding availability for work, a claimant's 

certifications on Form UI-3 are sufficient to establish his or her availability for 

work on the days for which he or she registers. When there is other evidence 

regarding availability for work, it should be given consideration in accordance 

with the instructions of this article. Experience has shown, in general, when such 

evidence requires investigation and when such evidence furnishes sufficient 

basis for a determination. In this instruction, consideration has been given to the 

action to be taken on various types of evidence. However, it has been and will 

be impossible to provide a specific instruction for the facts in every case because 

the determination often depends upon the facts and circumstances of the 

particular case.

804.02 Ability

a. General statement of inability

1. A claimant who makes a general statement that he or she is unable to work 

will be given an opportunity to make an explanation revalidating the 

certification that he or she is able to work. (See AIM-7.)
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2. If the claimant gives an explanation showing that his or her certification that 

he or she is able to work is acceptable, there will ordinarily be no further 

question of availability.

3. If the claimant, after having had an opportunity to make an explanation in 

accordance with AIM-7, fails to furnish information showing that the 

certification that he or she is able to work is acceptable, an investigation of 

ability (see AIM-7) and also of availability is to be made. If the claimant 

persists in the statement that he or she is not able to work, the claimant will 

not be considered available for work.

b. Application for benefits based on disability

1. A claimant who has made application for, or is receiving, benefits based on 

disability, such as a disability annuity under the Railroad Retirement Act, 

worker's compensation, or railroad relief association payments, will, unless a 

specific finding with respect to his or her ability to work has previously been 

made, be given an opportunity to apply for sickness benefits or to make an 

explanation revalidating the certification that he or she is able to work.

2. If the claimant's explanation is not sufficient for the purposes of revalidating 

his or her certification under AIM-7, an investigation of ability and also of 

availability is to be made.

c. Period following inability to work

If a claimant is found unable to work and a determination is made that his or her 

inability has ended, the claimant will be considered available for work from the 

day on which he or she became able to work until the end of the second 

registration period beginning after the date of determination that his or her 

inability has ended.

804.03 Act of God, storm, blizzard

A claimant who fails to take advantage of a job opportunity on a day claimed as a 

day of unemployment, because of a storm, blizzard, or other Act of God will be 

considered unavailable for work on all days on which he or she was so prevented 

from registering and on which he or she was, or would have been, prevented 

from taking advantage of any job opportunity, unless it is established that the 

storm, blizzard, or other Act of God would not have prevented the claimant from 

being ready to work.

804.04 Eligibility of retired claimants

A claimant who has retired voluntarily is presumed not to be eligible for 

unemployment benefits. Field offices should promptly investigate to determine 

whether claimants have retired voluntarily. It is not necessary for the processing 
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office (SUBS) to withhold the payment of benefits, as notice about days not to be 

paid will ordinarily be accomplished by field office coding on claims.

a. Voluntary retirement

In determining whether a claimant has retired voluntarily, careful consideration 

must be given to any action on the part of the claimant tending to limit his or her 

access to the labor market. A claimant's application for an age and service 

annuity under the Railroad Retirement Act or for old-age benefits under the 

Social Security Act is considered as an indication of voluntary retirement. 

Similarly, a claimant's leaving work on or after attaining age 60 is considered as 

an indication of voluntary retirement.

1. Leaving work to get an annuity When information is received that a claimant 

left suitable work, in which he or she could have continued, for the purpose of 

getting an annuity, pension, or old-age benefits, the claimant is to be 

considered as having voluntarily retired.

2. Out of service pursuant to an agreement A claimant is to be regarded as 

having retired voluntarily if his or her not being in the active service of his or 

her employer is due to an agreement between the claimant's labor 

organization and the employer requiring retirement upon attaining a certain 

age. The presumption of ineligibility is applicable to all claimants in the 

classes of service covered by the agreement irrespective of whether they are 

members of the labor organization. The presumption applies in the case of 

claimants taken out of service pursuant to such an agreement. It also applies 

in the case of a claimant who is out of service at the time he or she attains 

retirement age and cannot be recalled because of the agreement.

3. Withdrawal from labor market Even though a claimant did not leave suitable 

work for the purpose of getting an annuity, pension or old-age benefits, or is 

not out of service due to an agreement between his or her labor organization 

and his employer, the claimant may retire voluntarily by withdrawing from the 

labor market.

4. Unilateral rule A claimant who was required by his or her employer in 

accordance with a unilateral rule (not an agreement) to leave employment at 

a certain age is not, on that account, to be regarded as having retired by 

withdrawing from the labor market.

5. Unemployed at time of application for annuity When a claimant applies for an 

annuity, pension or old-age benefits while unemployed (who did not for the 

purpose of applying, leave suitable work in which he or she could have 

continued), the application will be regarded as an indication of retirement. 

Such an application will not, however, be regarded as sufficient to show that 

the claimant has voluntarily retired.
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b. Rebuttal of presumption

The presumption that a claimant who voluntarily retired is ineligible for benefits 

may be rebutted. It is considered to have been rebutted if the claimant earns 

qualifying wages under the Railroad Unemployment Insurance Act after his or 

her voluntary retirement or a comparable amount of wages in non-railroad 

employment. It is also considered to have been rebutted if the character and 

extent of the claimant's efforts to get work are such as to demonstrate beyond 

question that he or she is doing what a reasonable person in similar 

circumstances would do to get substantial full-time employment.

804.05 "Bumping"

A claimant who fails to "bump" or otherwise exercise seniority rights to displace 

another employee, is not thereby to be considered unavailable for work. 

Investigation of availability may be required in accordance with other instructions 

of this article. For instance, such investigation should be made when a claimant 

fails to exercise seniority rights to a job which appears suitable from the 

standpoint of location, rate of pay, and type of work. An employee who 

voluntarily accepts a furlough in case of a force reduction while junior employees 

continue to work should be considered not available for work unless it appears 

that the job he or she could have had was not suitable because of physical 

requirements, location, rate of pay, or other circumstances. In such a case, an 

investigation should be undertaken to determine the suitability of the work.

804.06 Deceased claimants

Death of a claimant does not require an investigation of availability for work.

804.07 Discharge, suspension or removal from service

Discharge, suspension or removal from service does not require an investigation 

of availability for work, unless the reason for such action is given and requires an 

investigation in accordance with other instructions of this article. (The reason for 

a claimant's discharge may be such as to require investigation on some point 

other than availability; if disability was the reason for the discharge, for example, 

ability to work should be investigated. Similarly, a discharge for being absent 

without leave might require investigation to see whether the claimant had in fact 

left work voluntarily.)

804.08 Domestic or other personal circumstances

Whenever information is received that a claimant failed to take advantage of a 

job opportunity because of domestic or personal circumstances, his or her 

availability for work is to be investigated. If the claimant is willing to work, 

readiness may be established:
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a. by showing that arrangements have been made or would be made to have 

someone else take over the responsibilities arising out of such 

circumstances if work were obtained; or

b. by showing that he or she performed work in the past while affected by 

such circumstances; or

c. by otherwise showing that such circumstances do not prevent him or her 

from being ready to work.

804.09 Draft status

When information is received that a claimant has failed to take advantage of a 

job opportunity or has otherwise indicated that he no longer wishes to work 

because of his draft status, his availability for work will be investigated. He will 

be considered unavailable for work from the date with respect to which he was 

not ready and willing to work.

804.10 Employer requirements

a. Investigation of availability for work

An investigation of availability for work will be made when information is received 

that a claimant has failed to take advantage of a job opportunity, has been 

suspended or discharged, or has voluntarily left work, because of an employer 

requirement such as the following:

1. Making of adequate provision for notification of work;

2. Undergoing a medical examination or securing a certificate of freedom from 

contagious disease;

3. Obtaining necessary tools and equipment;

4. Taking the steps necessary to become bonded or licensed.

b. Determination of availability for work

The claimant is considered unavailable for work from the date of his or her 

failure, discharge or leaving until the date on which he or she meets such 

requirement, unless it is established:

1. that it was unreasonable for the claimant to comply with the requirement or 

that there is other work for which no such requirement exists for which he or 

she is qualified and which is willing to perform; or

2. that the employer requirement was not a reasonable one. An employer 

requirement is to be considered reasonable if it does not require violation of 
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law and is provided for in an agreement between the employer and a bona 

fide labor organization, or is generally met by employees in the occupation in 

which it applies.

804.11 Voluntary leaving of work and failure to take advantage of job 

opportunity

A claimant who has voluntarily left work or failed to take advantage of a job 

opportunity is not necessarily unavailable for work, but the reasons for the 

voluntary leaving or the failure should be considered in connection with other 

provisions of this article.

804.12 Information on Form UI-1 

If an entry on Form UI-1 indicates that the claimant may not be able to work, or if 

the claimant states he or she is unable to work, an investigation shall be 

conducted or determination made in accordance with instructions in AIM-7 and 

AIM-804.02. 

804.13 Intoxication

When there is information that a claimant is intoxicated, he or she is to be 

considered unavailable for work on the days on which he or she was intoxicated. 

The claimant may later be considered available for work if he or she states that 

he or she could have performed some work on any part of such day.

804.14 Jail, custody of government officials, parole

A claimant who is confined in a penal institution or is in the custody of a Federal, 

State or local governmental unit or official is not to be considered available for 

work. A claimant is not considered confined or in custody if he or she is released 

on bail or placed on probation or parole. A claimant, however, released from 

custody under a program that permits short-term leave from custody and after 

which leave the claimant must return to custody, is not to be considered available 

for work with respect to those days on which the claimant is on furlough from 

confinement.

Examples:

a. Claimant A is serving a prison term that permits periodic weekend 

furloughs. Claimant A is not available for work during his or her 

confinement or weekend furloughs.

b. Claimant B is serving a prison sentence under terms permitting prisoners 

to report to their employer during the day, while requiring prisoners to 

return to jail each night. Claimant B is currently unemployed and therefore 

is confined 24 hours a day. The fact that the claimant would be released 

to work if he or she had a job does not make him or her available for work.
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804.15 Jury duty

A claimant who is on jury duty or is required to appear in court as a witness, is 

considered to be unavailable for work on each day on which he or she is required 

to be on jury duty or in court, unless it is established that the claimant is ready to 

work on such days.

804.16 Leave of absence

When there is information that a claimant is on leave of absence, an investigation 

of availability for work is to be made. The claimant is considered available for 

work if it is established that he or she is willing to work and ready to work in 

accordance with the other instructions of this article. In determining willingness 

to work, consideration is to be given to the claimant's reasons for taking a leave 

of absence, prospects of getting other work while on leave, and efforts to obtain 

other work. A leave of absence taken because of personal circumstances or 

taken in order to perform activities not consistent with full-time work often 

indicates unwillingness to work. If the claimant took the leave of absence, and 

continues it, to protect seniority rights in order to look for other work or to engage 

in other work, or the work from which the claimant took leave of absence was, 

and continues to be, unsuitable, the leave of absence would not indicate 

unwillingness.

804.17 Locality of limited job opportunities

A claimant who moves from a locality in which employment opportunities are 

relatively good to a locality in which employment opportunities are relatively poor 

or remains in such a locality of limited job opportunities is considered to be 

available for work, unless there is additional information showing:

a. that work which the claimant is willing to accept does not usually exist and 

there is no prospect that it will exist, within the distance from his or her 

residence that he or she is willing to accept such work; or

b. that the claimant is otherwise unduly or unreasonably restricting his or her 

willingness to work; or

c. that the claimant may not be available for work in accordance with other 

instructions in this article.

804.18 Lodge or organization work, and electioneering or other political 

campaign work

a. Holding a position

The fact that a claimant is holding a position in a lodge or other organization, 

electioneering, or doing other political campaign work, requires no investigation 

of availability for work, unless there is additional information which indicates that 
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the position requires work that would interfere with the acceptance of suitable 

work. If there is such additional information, the claimant is to be considered 

available for work if he or she:

1. would be willing to give up the position, or

2. can arrange to have his or her work done by someone else, or

3. can change the days or hours of work if he or she obtains work; and

4. otherwise establishes that he or she is ready and willing to work.

b. Attendance at meetings

A claimant who is attending a lodge or other organization convention is to be 

considered unavailable for work on each day he or she is attending such 

convention, unless it is established that:

1. the claimant's responsibilities or obligations in connection with the convention 

would not interfere with the acceptance of other suitable work, or, if it would, 

that he or she is willing to leave the convention, can arrange to have his or 

her work done by someone else, or can change the days or hours of work if 

he or she obtains work; and

2. the claimant otherwise establishes that he or she is ready and willing to work.

804.19 "Marking back" on extra-board and missing turns in pool service

A claimant who is on an extra-board and "marks back" so as to cause his or her 

name to be placed in a lower position on the extra-list, will be considered 

unavailable for work from the date he or she marks back to the date with respect 

to which the circumstances which caused him or her to "mark back" have been 

removed and the claimant is ready to work and willing to work.

An employee in pool service is not available for work on any day the employee 

would have worked but for missing a turn. An employee is generally considered 

to be in pool service if he or she performs train and engine service as a regular 

member of a crew that works as a unit on a first in, first out basis. 

804.20 Marriage

When a claimant voluntarily leaves his or her last work in order to marry, 

availability for work is to be investigated. The claimant is considered available for 

work if it is established, with respect to the days subsequent to the leaving, that 

he or she is ready and willing to work and if the apparent discrepancy between 

the claimant's unwillingness as indicated by the voluntary leaving and any 

statement of willingness to work is reconciled.
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804.21 Military service

A claimant who is in active military service is considered unavailable for work. If 

a claimant's address is preceded by "Camp", or indicates that he or she is 

stationed at a Military Reservation, an investigation is to be conducted to 

determine whether he or she is in active military service.

804.22 National Guard and Reserve service

A claimant who is merely attending weekly military drills of the National Guard or 

Reserves is considered available for work unless there is other information to 

show that he or she may not be available for work in accordance with instructions 

in this article.

804.23 Notices of work

a. Failure to respond to notice of work

A claimant's failure to respond to a notice or call for work from an employer, may 

require an investigation of availability. If the claimant refuses an assignment in 

his or her regular occupation with his or her employer for a specific day, the 

claimant should be considered not available for work on such day. Section 4(a2)(ii) of the Act is not ordinarily applicable in such cases. A claimant is 

considered unavailable for work on each day with respect to which he or she is 

not in a position to receive notices of work from the employer from whom he or 

she could reasonably expect to receive a call or notice of work.

b. Returned mail

Return of a check or mail as undeliverable because of an improper or incorrect 

address furnished by a claimant will not, of itself, be considered as raising a 

question of availability for work.

804.24 Part-time work

A claimant who is a part-time worker is considered available for work unless 

there is other information to show he or she may not be available for work in 

accordance with instructions in this article.

804.25 Pregnancy and childbirth

a. Before the birth of a child

When there is information that a claimant for unemployment benefits is pregnant, 

an investigation should be made to determine her availability for work and to 

determine the expected date of normal delivery. She should not ordinarily be 

considered available for work after a date four weeks before the expected date of 

birth. The claimant should be fully advised concerning her rights to sickness 
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benefits based on pregnancy, miscarriage and childbirth and should be given 

Forms SI-1A and SI-1B, Application and Statement of Sickness.

b. After the birth of a child

Unemployment benefits should not be paid to a claimant after the birth of a child 

unless investigation shows that she is available for work or unless she has been 

employed since the child was born.

804.26 Public office

Whenever information is received that a claimant holds a public office, his or her 

availability for work is to be investigated. The claimant is considered unavailable 

for work on each day on which he or she is required to perform duties which 

require substantial time unless it is established:

a. that the claimant can carry out the duties of his office at such times and on 

such days as to not prevent him or her from being ready to accept other 

suitable work, or

b. that the claimant has performed work in the past while holding such office, 

or

c. that the claimant can arrange to have his or her work done by someone 

else, or

d. that the claimant would be willing to give up the office if he or she obtained 

work; and

e. it is otherwise established that the claimant is ready and willing to work.

804.27 Quarantine

a. Quarantine

A claimant who is quarantined or whose residence is quarantined is to be 

considered unavailable for work from the date that the quarantine is established 

to the date the restriction is lifted, unless it is established that under the condition 

of the quarantine he or she is permitted to perform work.

b. Infectious illness

A claimant who is recovering from an infectious illness or who has remained at 

home on the advice of a physician or public health official is considered 

unavailable for work on each day on which he or she remains at home unless it is 

established that the claimant is ready and willing to work and is able to work.
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c. Employer rule

No investigation of availability for work need be made, and a claimant is 

considered available for work if he or she is required to stay away from work 

because of an employer rule prohibiting employees from working while there is 

an infectious illness in their home.

804.28 Religious or personal convictions

A claimant who is not willing to work on the Sabbath Day of his or her faith, 

because of religious convictions, will not for that reason be considered 

unavailable for work on such day. In any other situation, unwillingness to work 

on a particular day because of religious or personal convictions would raise a 

question of availability and the case should be briefed to the RUIA, Internet and 

Support Section (RIS) in Policy and Systems.

804.29 Restriction on area of employment

A claimant is considered unavailable for work during the time he or she is willing 

to work only in an area where there is usually no work he or she is ready and 

willing to perform.

804.30 School or training course

a. Technical school, trade school or vocational training program

Enrollment in a technical or trade school or in a vocational training program is 

considered a reasonable effort to obtain work. A claimant who is attending or 

participating in such school or program is considered available for work if both of 

these conditions are met:

1. The claimant's current prospects for work are poor; and

2. The claimant's training can reasonably be expected to increase his or her 

prospects for work.

b. High school or college: Presumption of unavailability

A claimant who is attending regular day classes in a high school or college is 

presumed to be unavailable for work unless there is clear evidence, as indicated 

below, of availability. If such a claimant protests the determination that he or she 

is not available for work, detailed information should be obtained, through 

personal interview if at all possible, concerning:

1. The claimant's present circumstances, such as the hours of class attendance, 

and any special financial assistance or allowance he or she is receiving while 

in school.
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2. The claimant's work history, particularly any previous work performed while 

attending school.

3. The claimant's efforts to obtain work.

4. The claimant's prospects for work.

c. High school or college: Determination as to availability

A student-claimant is to be considered available for work if both of these 

conditions are met:

1. There is clear and convincing evidence that the claimant is making 

reasonable efforts to get work or has good prospects of such work. In this 

connection, "work" means full-time work. A claimant should not be 

considered available for work on the basis of applications for part-time work 

such as students frequently perform.

2. It is clear that the claimant could perform full-time work while continuing in 

school or that his or her personal circumstances are clearly such that he or 

she would leave school in order to perform work. On this latter point, 

consideration may be given to the nature of the school work, the claimant's 

financial resources, and the amount of financial loss he or she would incur by 

leaving school.

d. Employment on extra board

A student who is on a rotating extra board should ordinarily be considered to be 

available for work. But if he or she "marks back" on the board, or misses calls for 

work because of school attendance, careful investigation must be made to 

ascertain whether the claimant is ready and willing to accept and perform regular 

full-time work.

e. Voluntarily leaving work to attend school

A claimant who voluntarily leaves work that he or she could have continued in 

order to attend school will be presumed not to be available for work. This 

presumption does not apply to a furloughed employee who begins attending 

school, because the employee does not have work to leave, although the 

employee's availability must still be evaluated in light of paragraph a, b, and c 

above. The presumption would apply, however, if the employee failed to respond 

to a recall in order to continue attending school.

804.31 Seasonal work

A claimant who is customarily unemployed during certain seasons of the year is 

to be considered available for work unless there is other information to show that 
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he or she may not be available for work in accordance with instructions in this 

article.

804.32 Self-employed persons and farmers

Whenever information is received that a claimant is substantially engaged in an 

activity or enterprise for earned income, his or her availability for work is to be 

investigated. (See .39 Salesperson.) The claimant's availability for work is not in 

question on days for which remuneration is payable or accrues because for this 

reason those days cannot be considered days of unemployment. The claimant 

will be considered unavailable for work on every day on which he or she is 

engaged in the employment or enterprise, which would otherwise be a day of 

unemployment, unless it is established that the claimant:

a. could engage in the activity or enterprise at such times and on such days 

as would not interfere with his or her readiness to work.

b. could arrange to have the work done by someone else, or

c. would be willing to give up such activity or enterprise if he or she were 

offered work he or she is willing to perform.

In considering a claimant's willingness to work, knowledge of the amounts of his 

or her investment and income, and his or her work history while engaged in such 

activity and enterprise are material, since such knowledge will afford some 

insight into the claimant's reason for self-employment, i.e., whether for 

subsistence, as a stop-gap, or as a main source of income. The time spent in 

the enterprise (with due consideration given to seasons), and the arrangement 

the claimant may have made or would make for someone else to take care of the 

enterprise give indications of the claimant's readiness to work.

804.33 Strike or labor dispute

A claimant, unemployed because of a strike or other labor dispute, will be 

considered available for work, unless there is additional information to show 

either:

a. that the claimant is not available for work in accordance with other 

instructions of this article, or,

b. that the claimant is not ready or willing, upon the termination of such strike 

or labor dispute, to return to the work at which he or she is not employed 

because of a strike or labor dispute.

804.35 Accumulated rest days

Under the provisions of certain collective bargaining agreements, when it is not 

practical for an employee in a given position to take his or her rest days each 
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week, the rest days may be allowed to accumulate and taken in a block. A 

claimant will ordinarily be considered not available for work on such accumulated 

rest days. If in any case it appears that the claimant may be available for work 

on the accumulated rest days, the question whether remuneration is attributable 

to the rest days will be considered. In some cases, investigation has disclosed 

that provisions of the agreements are such that remuneration is attributable to 

the accumulated rest days. 

Note: Compressed work schedules are becoming more common among railroad 

workers. These consist of an employee working a block of days in a row 

followed by the accumulated rest days. When adjudicating these claims for 

availability, the key issue to be determined is the reason a claimant is 

unemployed on a particular day. 

1. If the reason is that the day is an “extra” rest day resulting from a 

compressed workweek or schedule, the day should be denied based on 

availability. 

2. If the reason is furlough or lay off, the “extra” rest day should be allowed 

as a day of unemployment. (A claimant on furlough does not have rest 

days). 

Any questionable case should be routed through channels to P&S-RIS. 

804.36 Equivalent of full-time work

A claimant who is continuously employed in work providing the equivalent of fulltime employment is not to be considered available for work with respect to any 

rest day, holiday or other non-work day within a 14-day registration period. 

Examples of such cases follow. Any questionable case should be routed through 

channels to P&S-RIS.

a. An employee regularly receives remuneration for 40 hours per week by 

working 10 hours on each of four days in the week. Consequently, the 

claimant has six rest days, instead of the usual four, in a 14-day 

registration period.

b. An employee who is employed in a position with a compressed work 

schedule during only part of a registration period is to be considered 

unavailable for work on extra rest days resulting from the compressed 

work schedule. An "extra" rest day is a day on which the employee would 

have worked under a conventional schedule of five consecutive 8-hour 

workdays. 

For example, the claim of an employee who is recalled from furlough on 

the eighth day of a registration period to a job requiring four 10-hour 

workdays per week is coded as follows:
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1111111 2222811

c. An employee changes from one regular assignment or shift to another 

which has different rest days, with the result that in one 14-day registration 

period he or she has five rest days.

d. An extra board employee works under an agreement providing that the 

daily rate of compensation is the weekly rate divided by the number of 

working days in the week. In a week containing a holiday, the daily rate is 

one-fourth the weekly rate. On a claim the employee shows employment 

on all days in the registration period except a holiday and four rest days. 

The claimed days are to be denied because the claimant is being paid the 

same amount as if he or she had worked full-time.

804.37 Extra-Board

A claimant who is on a rotating extra board will ordinarily be considered available 

for work. The amount of work a claimant may be likely to get by being on a 

seniority extra board or seniority list is to be considered along with other factors 

in determining whether the claimant is available for work. A claimant who 

chooses to work on an extra board in preference to holding a regular assignment 

will not on that account alone be considered unavailable for work. However, if 

there is an indication that the claimant did not have good prospects of getting fulltime work by choosing the extra board, availability for work is to be investigated. 

If the investigation discloses that the claimant did not have good reason to 

believe that he or she would get the equivalent of full-time work, the claimant will 

be considered not ready and willing to perform full-time work and consequently 

not available for work on non-work days.

804.38 Union membership requirements

If information is received indicating that a claimant may have been discharged for 

failure to meet union membership requirements, an investigation is to be made to 

determine whether he or she is available for work. If it is found that the claimant 

has been discharged for failure to meet union membership requirements, he or 

she will be considered unavailable for work until demonstrating a willingness to 

work despite his or her failure to meet union membership requirements.

804.39 Salesperson

A claimant who is spending substantially full time as a salesperson on a 

commission basis receives remuneration attributable to the days on which sales 

are made, and for other days is generally not available for work. If such a 

claimant contends that he or she is willing to discontinue the selling job to accept 

other employment, he or she may be available on days on which no sales are 

made. In such cases, the circumstances surrounding the termination of the 

claimant's last employment, his or her prospects of getting other work, and the 
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amount earned from sales should be taken into account in arriving at the 

determination. A salesperson who is getting substantial earnings will generally 

not be likely to abandon the endeavor in favor of accepting other full-time work, 

and hence, is not available.

804.40 Failure to work in anticipation of maximum mileage

An employee in train and engine service who voluntarily lays off work on any day 

to avoid reaching maximum mileage, hours, or earnings permitted under a labormanagement agreement providing for work restrictions is not to be considered 

available for work with respect to such day.

804.41 Foreign Residency

Unemployment benefits may be paid to a person residing outside of the United 

States if he or she is available for work and otherwise eligible. While a claimant 

may establish a presumption of availability by registering for benefits, the RRB's 

inability to verify availability is grounds for terminating benefits. Field Service 

(FS) is to consider the circumstances that resulted in foreign residency, whether 

the claimant has any required work permit, prohibitions or limitations on the 

employment of immigrants, work-seeking efforts as monitored by questionnaire,

or other means and any other material evidence in determining availability. 

(Reference L-95-13)

805 Determinations as to Availability

805.01 Determinations by field offices

Field offices are authorized to make determinations on availability. If it appears 

to the field office that benefits have already been paid for one or more days 

included in a period of unavailability that is identifiable, FS is to be notified. In 

such case, FS will determine whether benefits already paid are erroneous. 

(Such a case should occur infrequently. Example: claimant marked off the extra 

board for one or more days but still claimed the days. The claimant’s certification 

that he or she was available for work on such days would presumably have been 

false.)

805.02 Determination of unavailability for indefinite period

When a claimant is held unavailable for work for an indefinite period with no 

identifiable beginning date, no further unemployment benefits are to be paid 

without evidence of availability. (Benefits already paid should not ordinarily be 

disturbed.) Thus, a claim received in the field office on or after the date of an 

adverse determination will ordinarily be denied, even though some or all of the 

days are on or before the date of the determination. The determination will be 

considered applicable with respect to each day after the date of determination 

until the claimant obtains substantial employment or there is other information 
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showing that he or she became available for work. If evidence is presented to 

the effect that the claimant became available for work after the date of 

determination, such evidence will be considered, and a determination will be 

made concerning the claimant's availability for work on the days with respect to 

which such evidence is presented. During or after any period of substantial 

employment, the claimant is to be considered available for work, in the absence 

of any evidence to the contrary, on the basis of the certifications on his or her 

claim forms.

a. Gap in registration

If a claimant who has been held not available for work stops registering and later 

begins to register again, it may be considered that he or she has become 

available for work if:

1. There is evidence that the claimant worked during the gap in registration, or,

2. The first day claimed is 60 or more days after the last day previously claimed.

805.03 Reconsideration of field office determination

When -FS receives information which appears to furnish grounds for a 

reconsideration of a field office determination, FS will make a re-determination if 

appropriate.

805.04 Review of field office determination

If, in the opinion of FS, information received raises a question whether a field 

office determination was correct when made, FS should review all evidence on 

record. In the event that FS finds that the field office determination was correct 

when made, the field office will be notified affirming the determination or with 

information needed for reconsideration in accordance with subsection .03 of this 

section. In the event FS finds that the field office determination was not correct 

when made, FS will make a re-determination, and when notifying the field office, 

furnish the field office an explanation of the action taken, and request the field 

office to inform the claimant.

806 Notice

Notice of determination that a claimant is not available will be sent in each case 

in which benefits are denied on the basis of such determination and in each case 

where a period of unavailability extends beyond the latest day claimed as a day 

of unemployment.
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Appendices

Appendix A - Expression Of Policy On Availability For Work

(Body of Letter from RRB’s General Counsel to General Chairman of a Labor 

Organization)

According to your letter, Mr. ___________________ stated that the Railroad 

Retirement Board’s (RRB) network manager there had issued circular letters to 

all unemployed railroad men and women, advising them that they would lose 

benefits unless they appeared at his office and showed that they had made an 

honest effort to find "any kind of work."

Our network manager at __________________ advises us that he has not 

issued any circular of the type described in your letter. It would appear that Mr. 

_____________ was referring to certain letters which have been sent out to 

individuals whose claims for unemployment insurance benefits have been 

denied. These letters contain spaces for the insertion of the reasons for denial. 

A copy of a typical letter of this sort is enclosed for your information; this was 

used in a case in which it had been found that the claimant was not "available for 

work", as required by the Railroad Unemployment Insurance Act.

You will note from the enclosed letter that evidence of effort to find work is 

required only if the claimant does not have good prospects of getting work soon. 

Such evidence is not required if, for example, the claimant is on an extra board. 

In such cases, the claimant would be regarded as satisfying the "availability" 

requirement of the Act. Under the RRB’s adjudication policy, even a claimant 

who does not have good prospects of being called back to work and is not on an 

extra board is not required to look for "any kind of work." All that is required of 

him is that he make reasonable efforts to obtain work. What constitutes 

"reasonable efforts" is determined on the basis of all the facts of the particular 

case. No claimant would, of course, be expected to seek, or to accept, work 

which would not be suitable for him. The Act itself prescribes certain standards 

regarding the suitability of work, and the RRB’s policies in this connection are 

intended to effectuate the purposes of the Act.

Policies similar to those discussed above in connection with the "availability" 

requirement are also followed by the Board in applying the provisions of section 

4(a-2)(ii) of the Act, regarding a thirty-day disqualification for failure to accept 

suitable work, or to comply with instructions from the Board to apply for suitable 

work or to report to an employment office.
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Appendix B - Availability For Work

Introduction

This appendix provides an overview of the basic concepts of the availability for 

work requirement.

Basic Meaning of "Available for Work"

The meaning of the phrase "available for work" is spelled out in the Board's 

regulations:

- A claimant for unemployment benefits is available for work if he or she is 

willing and ready to work.

- A claimant is "willing to work" if he or she is willing to perform work 

reasonably appropriate to his or her circumstances.

- A claimant is "ready to work" if he or she is in a position to be notified of work 

and is prepared to go to work when the call comes.

Initial Proof of Availability

The great majority of claimants for unemployment benefits are ready and willing 

to work. Recognizing this, the regulations provide that a claimant who has 

complied with the registration requirements is initially to be considered available 

for work, provided there is no evidence to the contrary.

Specific evidence as to a claimant's availability for work is required when the field

office receives information indicating that he or she may not be available. Such 

information may be provided, for example, by the claimant on the claim form or 

by the employer in the prepayment verification process.

Readiness to Work

Many of the claimants who are found to not be available are not "ready to work." 

Some personal circumstance keeps them out of the full-time labor force. The 

claimant attending school full-time is the prime example of an individual who is 

not ready to work and hence not available for work. Persons who have to care 

for small children often are not "ready to work."

It is important for field office personnel to be on the alert for any personal 

circumstances, which indicate a claimant's lack of readiness to work.

Willingness to Work

Whether a claimant is "willing to work" is, of course, an intangible matter, much 

more difficult to determine than whether he or she is ready to work. It is 
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reasonable to assume that a claimant is willing to work unless there is a clear 

signal that he or she is not. Refusal of an offer of suitable work without good 

cause may be such a sign. Failure to make reasonable efforts to obtain work is a 

more frequent and more reliable indication of unwillingness to work. The RRB’s 

regulations provide that a claimant may be required to show, as evidence of 

willingness to work, that he or she is making reasonable efforts to obtain work 

unless he or she has good prospects of obtaining work, or the circumstances are 

such that any efforts would be fruitless. If the claimant fails to make such a 

showing benefits are not thereafter to be paid unless evidence of availability for 

work is presented.

However, it must be said, with emphasis, that a finding of unavailability based on 

the claimant's lack of efforts to obtain work is to be made after the claimant has 

been fully advised and has had an opportunity to establish availability for work. 

An exception is made, however, in the case of an employee who has voluntarily 

retired, and thus may be determined immediately to be unavailable for work.

Reasonable Efforts to Obtain Work

Information about a claimant's efforts to obtain work is normally obtained in a 

claimant interview. Most of the time, the interview discloses that the claimant is 

making reasonable efforts or has good prospects of work. If not, it becomes the 

interviewer's responsibility (1) to make sure that the claimant understands the 

"reasonable efforts to get work" requirement and (2) to help him or her find work. 

The interviewer should discuss with the claimant in detail: 

- The types of jobs he or she might obtain.

- Specific applications for work that the claimant has made.

- Additional places where the claimant might look for work.

The interviewer should try to reach an understanding with the claimant as to what 

the latter is going to do to try to find work. The interviewer should explain that if 

claimant's efforts are not successful, he or she will be interviewed about the 

matter again within 30 to 60 days.

Discussions in a subsequent interview with a claimant about his or her jobseeking efforts should center on

- Results of applications for work.

- Whether he or she followed through on suggestions made at the previous 

interview and, if not, why.

- Mapping out a continuing campaign to get a job.
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If claimant interviews are skillfully conducted, a finding of failure to make 

reasonable efforts to get work will occur only when it is clear that the claimant 

really is not willing to work.

Suitable Work

The above presupposes a reasonable, thoughtful approach to what constitutes 

suitable work. Some jobs - generally those with sub-standard wages or working 

conditions - are not suitable for anyone. Others may or may not be suitable for 

the individual claimant. In making such individual determinations the key 

considerations include:

- The claimant's experience, training, and education. A claimant is not 

expected to apply for work for which he or she obviously is not qualified.

- Claimant's physical fitness, age, and other personal factors. Lack of physical 

fitness for a job makes the work unsuitable. Age may be a limiting factor - 

realistically, older claimants do not generally have as wide a choice of job 

opportunities as younger ones.

Length of unemployment and work prospects

Work which the claimant could perform but differs substantially from the types of 

work he or she has performed, or requires substantially less skill, may or may not 

be suitable. Good judgment is essential in this area. The length of 

unemployment is an important factor. The area of suitable jobs broadens as the 

individual's unemployment lengthens and his or her prospects lessen for getting 

a job in his or her customary occupation.

Appendix C - Guidelines For Requiring Work-Seeking Efforts Of Claimants

The purpose of this appendix is to summarize guidelines to be considered in 

deciding which claimants are required to make reasonable work-seeking efforts 

and in making related availability determinations.

Because of the limited resources available, it is important that the time allocated 

for placement activities be spent where it will do the most good. In general 

terms, field offices should differentiate between three groups of claimants:

1. claimants who are not required to make work-seeking efforts in order to be 

considered available, 

2. claimants for whom active placement assistance would not likely be 

useful, and

3. claimants who are required to make reasonable work-seeking efforts and 

who we can help find work through active placement assistance. 
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Field offices should concentrate their placement efforts on the third group. 

Regulations

The RRB’s regulations regarding availability for work are contained in Part 327. 

Section 327.15 Reasonable efforts to obtain work.

(a) Requirement. A claimant may be required at any time to show, as 

evidence of willingness to work that he is making reasonable efforts 

to obtain work which he professes to be willing to accept and 

perform, unless he has good prospects of obtaining such work or 

his circumstances are such that any efforts to obtain work other 

than by making application for employment service by filing Form 

UI-1 . . . would be fruitless to the claimant.

(b) What constitutes reasonable efforts. A claimant shall be 

considered as making reasonable efforts to obtain work when he 

takes such steps toward obtaining work as are appropriate to his 

circumstances. 

What Are Good Prospects?

Generally, a claimant is considered to have "good prospects of obtaining work" if 

he or she expects to be recalled within a reasonable time. The claimant may be 

unemployed due to adverse weather conditions (seasonal unemployment) or due 

to some other factor affecting his or her job. The underlying principle in 

determining "good prospects" is whether the period of unemployment can be 

clearly attributed to a temporary situation.

There is no specific time period that may be considered reasonable. Seasonal 

layoffs in northern areas are often longer than those in more moderate climates, 

but still may be reasonable for the area. In fact, the duration of a reasonable 

seasonal layoff in a particular territory may differ from one year to the next 

because of a very harsh or mild winter. Likewise, there is no absolute definition 

of a reasonable time of layoffs caused by non-weather factors. It is the 

responsibility of the network manager to maintain contact with local railroad 

officials to be aware of prevailing conditions in the industry. The field office staff 

should then use this information to help determine if a claimant's expectations 

are reasonable and based on valid assumption about probable recall.

Note that AIM 804.31 specifically states:

A claimant who is customarily unemployed during certain seasons of the 

year is to be considered available for work unless there is other 

information to show that he or she may not be available for work in 

accordance with instructions in this article.
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Thus, a seasonally unemployed claimant with good prospects for recall is not 

required to give evidence of work-seeking efforts in order to prove availability. Of 

course, such claimants may be encouraged to seek interim employment while 

laid off, and they may be referred to appropriate job orders. For example, a 

seasonally unemployed track laborer could be referred to a short-term snow 

clearing job, and could be disqualified for 30 days for failure to report to or apply 

for the job without good cause.

The case record of each claimant whose availability is based on "good 

prospects" should be flagged to indicate the expected date of recall. If more than 

one claim is received covering days after a claimant's expected recall date, the 

claimant's availability should be reconsidered. Such claimants should be reinterviewed if necessary to determine if they are available for work.

When are Work-Seeking Efforts Fruitless?

Based on the knowledge of local labor markets and considering the rate of 

unemployment, network managers have the authority to determine when workseeking efforts can generally be considered fruitless for certain classes of 

claimants in a particular area. Network managers may make such a decision on 

a group basis and apply it to an entire occupational group and/or to a specific 

geographic territory, as appropriate. For example, in a depressed area with high 

unemployment, the network manager may determine that no work-seeking 

efforts other than registering with a state employment service are required of 

unskilled or semi-skilled claimants. In such cases, it is mandatory that Form UI35, Field Office Record of Claimant Interview, be so documented for each 

affected claimant. It is not intended that field offices should abandon job 

placement efforts in economically depressed areas. Rather, emphasis should be 

placed on developing job orders and on providing claimants with specific workseeking advice whenever possible.

On an individual basis, work-seeking efforts may be considered fruitless in the 

case of a furloughed claimant without good prospects who is approaching 

retirement age, and whose work experience is primarily in occupations unique to 

the to the railroad industry. There are other claimants whose work experience 

may be limited to railroad occupations, but who are expected to remain in the 

labor market for some time. Such claimants without transferable skills may be 

informed that enrollment in a technical or trade school or a vocational training 

program can be considered to be a reasonable effort to obtain work (See AIM 

804.30).

What Are Reasonable Efforts?

There is no single explanation of what constitutes reasonable efforts, since the 

circumstances of the individual claimant must be taken into account. What is 

reasonable for one claimant may not be for another, and it may be necessary to 

redefine reasonable efforts for a particular claimant as the length of his or her 
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unemployment increases. Claimants who have been unable to find the type of 

job they want after several months may be encouraged to widen the scope of 

what they consider acceptable employment, and to increase their job search 

efforts.

Field offices should not establish arbitrary work-seeking effort quotas, such as 

requiring all claimants without good prospects to file two or three job applications 

per week. Such quotas are not productive and do not accurately indicate 

whether a claimant is truly making reasonable efforts to find work. There may be 

cases, however, where the field office has reason to believe that a particular 

claimant is not making reasonable efforts. In such a case, an individual claimant 

may be required to make a specific number of efforts, and the field office may 

require the claimant to furnish proof of such efforts at regular intervals.

When counseling a claimant about work-seeking efforts, it is important for the 

Board representative to consider the quality of efforts the claimant has made or 

will make, not just the quantity. A claimant's efforts should reflect inquiries for 

jobs that he or she would be qualified and willing to perform. Here are issues 

that may be relevant in judging the character and extent of the claimant's workseeking efforts. 

Character:

1. Are the claimant's expectations regarding wages, hours, location and 

duties realistic in view of the local labor market?

2. Do the jobs for which the claimant applies match his or her training, 

experience and qualifications?

3. Does the claimant apply for "any work" or target inquiries and applications 

for specific jobs or job categories?

4. Do the job contacts consist only of telephone inquiries or do they include 

personal visits?

5. Were the telephone inquiries preceded or followed by a resume?

6. Does the scope of inquiries expand to additional employers or is it 

confined to repeated contacts with the same employers?

7. Does the claimant request to leave an application on file with the 

prospective employer?

8. Does the claimant prepare for contact with the company by learning about 

it?
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9. Does the claimant request an interview with a person who has the 

authority to hire or limit contacts to acquaintances without authority to 

hire?

10. Does the claimant ask or determine the reasons why he or she is not hired 

or permitted to submit an application, and take steps to correct the 

deficiencies where appropriate?

11. Does the claimant organize and record his or her job search?

12. Does the timing of the work-seeking efforts indicate they were made only 

to satisfy UI eligibility requirements?

Extent:

1. What is the number of job contacts?

2. Does the claimant show persistence in making contacts?

3. What is the geographic range of the contacts?

4. How large is the scope of job types considered acceptable?

5. How broad is the range of job and referral sources utilized?

Who Should be Given Work-Seeking Advice?

All claimants without good prospects of obtaining work, including those 

indefinitely furloughed, those who voluntarily quit, and those who are discharged 

and are not actively pursuing a claim for reinstatement, should be given specific 

and detailed work-seeking advice, unless it has been determined that workseeking efforts would be fruitless. The work-seeking advice given a claimant is 

to be fully documented on Form UI-35a, Field Office Record of Claimant 

Interview.

The individual conducting the interview should assist the claimant in identifying 

his or her job skills and prospective employers. The interviewer should 

recommend specific actions such as:

1. Registering with a union hiring facility;

2. Applying for employment with former employers;

3. Filing job applications with non-railroad employers who may reasonably be 

expected to have suitable openings; 

4. With the assistance of a RRB representative, checking the office's file of 

open job orders and the railroad job vacancies list;
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5. Responding to suitable job advertisements in local papers;

6. Registering with a state employment service office and regularly reviewing 

their vacancy files;

7. Attending job search or career change workshops or clinics sponsored by 

community organizations;

8. Any other action reasonably directed toward obtaining work.

Appendix D - Availability Of Employees Who Take Separation Allowances

General

The employee who has given up an employment relationship in order to receive 

a substantial cash payment may drop out of the labor market. This is particularly 

true in the case of a person approaching retirement age, or a married person 

who is not the sole support of the family. Accordingly, the availability of 

employees who take separation allowances should be checked with great care at 

the outset if they claim days for which the disqualification for separation 

allowance does not prevent payment. Perfunctory inquiries by the interviewer as 

to the claimant's work-seeking efforts would be far from adequate. The claimant 

should not be held to be available unless the evidence clearly supports such a 

finding.

When availability should be investigated

In cases in which the disqualification for separation allowance has elapsed and 

thus does not prevent payment of benefits, the claimant's availability should be 

looked into. When the evidence indicates the claimant has not left the labor 

market, the claimant should be allowed a reasonable length of time in which to 

find other work. Such evidence would be substantial employment since 

accepting a separation allowance. Investigation should be made promptly if 

there is a question.

The claimant's first claim for unemployment benefits after the end of the 

disqualification period calls for close scrutiny of availability, and, if necessary, an 

investigation to develop information sufficient for a determination. Evidence of a 

substantial amount of work in the disqualification period, considered with other 

circumstances of the case, may, indicate that the claimant is still in the labor 

market.

Circumstances of claimant's election

The circumstances under which a claimant resigned to take a separation 

allowance may give a clue to his or her intention with respect to continuing in the 

job market, or suggest what aspects of availability should be explored. If 

necessary, officials of management and labor should be contacted for 
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information as to the options that were available at the time the claimant elected 

separation, and for information as to the claimant's long-term prospects with the 

employer had he or she not resigned. A careful distinction is necessary between 

the type of case where the claimant who took a separation allowance did not give 

up a job or a guarantee of employment, and the type of case where the claimant 

actually gave up guaranteed employment of several years' expected duration. 

The following types of information and issues may be relevant to the availability 

determination. 

Information from the claimant:

- how he or she learned about the separation offer

- what party initiated the offer

- what options the carrier offered

- the claimant's understanding of his or her prospects for continued 

employment or wage guarantee

- the claimant's understanding of how the separation program was being 

administered

- how much time the claimant had to investigate alternatives/options and what 

actions he or she took to do so

- the names and titles of carrier and labor officials the claimant contacted about 

his or her prospects and options

- the claimant's personal circumstances at the time the offer was made

- the claimant's understanding of the area labor market and his or her chances 

for other employment at the time the offer was made

Information from the carrier:

- the separation offer and the claimant's prospects

- information made available to the claimant concerning continued employment 

and workforce reductions

- changes in job duties or assignments affecting the claimant

- whether relocation or reclassification were alternatives

Circumstances of claimant's new situation

Information regarding the claimant's personal circumstances and his or her 

prospects for finding suitable work in the new situation created by the resignation 
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and receipt of a cash settlement should be developed and documented unless it 

is already a part of the record:

- the claimant's age, number of service months, number of dependents, health 

(as it may affect prospects for obtaining and performing full-time, meaningful 

employment);

- the claimant's education, training, experience, and customary rate of pay; 

- the size of the town in which the claimant resides;

- the job opportunities there in work that is suitable;

- the claimant's work-seeking activities since resignation and whether they are 

consistent with the claimant's qualifications, and the claimant's statements as 

to the work he or she is willing to accept and perform;

- any claimant actions limiting access to the labor market.

Voluntary retirement

If the claimant who resigned to take a separation allowance is near retirement 

age, the question regarding voluntary retirement should be resolved in 

accordance with the detailed instructions given in AIM-804.04. Careful 

consideration should be given to the evidence developed regarding the 

circumstances under which the claimant took the separation allowance, and the 

facts of the claimant's new situation. If the claimant could have remained in the 

same job, in the same location, with prospects for future employment not 

substantially diminished, or if circumstances are otherwise such that, by 

resigning to take the separation allowance the claimant effectively left the job 

market, the claimant should, at the outset be considered to have voluntarily 

retired and thus presumed not eligible for benefits. Some of the factors to be 

considered in cases where there is a question of voluntary retirement are 

discussed in the following excerpt from a decision of the RRB in a case where 

the appellant resigned after almost 40 years of employer service to accept a 

severance allowance. It should be especially noted that superficial efforts on the 

part of a claimant to find work will not establish eligibility--the efforts must be 

such that they leave no doubt regarding the genuineness of his or her efforts and

of his or her desire to find and perform suitable work.

"Appellant argues that he did not retire but merely resigned voluntarily. All of the 

circumstances, however, point to the conclusion that his resignation was in effect 

in a retirement. He became 64 years of age ... and states that he had always 

intended to quit work at age 65. The offer of a large cash payment for his 

resignation by the Railroad obviously made an earlier retirement more attractive 

to him. And in view of his age, his limited education, his specialized experience 

as a railroad engineer and fireman with practically no other experience, and his 
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residing in a rural area with limited work opportunities even for young men, the 

only realistic conclusion is that by accepting the Railroad's offer he took himself 

out of the job market and in effect retired. The efforts made by him to obtain 

employment are obviously not of a character to rebut the presumption of his 

retirement or to establish his availability for work; they are of a kind more 

indicative of a person seeking only to establish his eligibility for unemployment 

benefits."