An Act to amend the Railroad Unemployment Insurance Act to increase unemployment and sickness benefits, and for other purposes.
PL 94-92 (H.R.8714), enacted 08/09/1975

PUBLIC LAW 94-92—AUG. 9, 1975 
89 STAT. 461 
Public Law 94-92 
94th Congress 
An Act 
To amend the Railroad Unemployment Insurance Act to increase unemployment 
and sickness benefits, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled,) 
TITLE I—EAILKOAD UNEMPLOYMENT INSUKANCE ACT 
AMENDMENTS 
Aug. 9, 1975 
[H.R. 8714] 
Railroad 
employees. 
Unemployment 
and sickness 
benefits increase. 
Benefits. 
45 u s e 352. 
SECTION 1. (a) Section 1(h) of the Eailroad Unemployment Insur- 45 U
S
C 351 
ance Act is amended— 
(1) by inserting "for a 'period of continuing sickness' (as 
defined m section 2(a) of this Act)" immediately after the words 
"a statement of sickness" each time those words appear in the 
second paragraph thereof i and 
(2) by striking out from the second paragraph "and ends with 
the thirteenth day thereafter" and inserting in lieu thereof "and 
ends with whichever is the earlier of (i) the thirteenth day there-
after, or (ii) the day immediately preceding the day with respect 
to which a statement of sickness for a new 'period of continuing 
sickness' (as defined in section 2(a) of this Act) is filed in his 
behalf". 
(b) Section l(k) of such Act is amended by striking out "$3" from 
the second sentence and inserting in lieu thereof "$10". 
(c) Section 2(a) of such Act is amended— 
(1) by striking out the first paragraph and inserting in lieu 
thereof the following: 
"(a) Benefits shall be payable to any qualified employee for each 
day or unemployment in excess of four during any registration period: 
Provided,) however,. That notwithstanding the provisions of section 
1(h) of this Act, in any case in which the Board finds that his unem-
ployment was due to a stoppage of work because of a strike in the 
establishment, premises, or enterprise at which he was last employed, 
other than a strike subject to the disqualification in section 4 (a-2) (iii), 
none of the first seven days of unemployment due to such stoppage of 
work shall be included in any registration period; and subject to the 
registration provisions of section 1(h), so many of the ensuing seven 
consecutive calendar days during which his unemployment continues to 
be caused by such stoppage of work shall constitute a registration 
period, during which benefits shall be payable for each day of unem-
ployment. Benefits shall be payable to any qualified employee for each 
day of sickness after the fourth consecutive day of sickness in a period 
of continuing sickness, but excluding four days of sickness in any regis-
tration period. A period of continuing sickness means (i) a period of 
consecutive days of sickness, whether from one or more causes, of (ii) 
a period of successive days of sickness due to a single cause without 
interruption of more than ninety consecutive days which are not days 
of sickness."; and 
45 USC 354. 
89 STAT. 462 
PUBLIC LAW 94-92—AUG. 9, 1975 
Daily benefit 
rate. 
45 use 352. 
45 use 231. 
Extended benefit 
period. 
45 use 352. 
(2) by striking out the second paragraph and inserting in lieu 
thereof the following: 
"The daily benefit rate with respect to any such employee for such 
day of unemployment or sickness shall be in an amount equal to 60 
per centum of the daily rate of compensation for the employee's last 
employment in which he engaged for an employer in the base year, 
but not less than $12.70: Provided, however, That for registration 
periods beginning after June 30, 1975, but before July 1, 1976, such 
amount shall not exceed $24 per day of such unemployment or sick-
ness and that for registration periods beginning after June 30, 1976, 
such amount shall not exceed $25 per day of such unemployment or 
sickness. The daily rate of compensation referred to in this paragraph 
shall be determined by the Board on the basis of information furnished 
to the Board by the employee, his employer, or both.". 
(d) Section 2(c) of such Act is amended— 
(1) by inserting "except that notwithstanding the provisions 
of section l(i) of this Act, in determining the employee's com-
pensation in the base year for purposes of this proviso and the 
second proviso of this subsection, any money remuneration paid to 
the employee for services rendered as an employee-not in excess 
of $775 in any month shall be taken into account" immediately 
before the colon at the end of the first proviso; and 
(2) by inserting immediately after the colon at the end of the 
first proviso the following: ^''Provided further., That, with respect 
to an employee who has less than ten years of service as defined in 
section 1(f) of the Railroad Retirement Act of 1974, who did not 
voluntarily retire and did not voluntarily leave work without good 
cause, and who had current rights to normal benefits for days of 
unemployment in a benefit year but has exhausted such rights, 
the maximum number of days of, and amount of payment for, 
unemployment within such benefit year (as extended by the pro-
visions of subsection (h) of this section) for which benefits may 
be paid shall be enlarged, but not by more than sixty-five days, to 
include all compensable days of unemployment within an extended 
benefit period determined pursuant to the provisions of subsection 
(h) of this section, but the total amoimt of benefits which may be 
paid to an employee for days of unemployment within such 
extended benefit period shall in no case exceed 50 per centum of 
the employee's compensation in the base year:". 
(e) Section 2 of such Act is further amended by adding at the end 
thereof the following new subsection: 
'^(h) (1) For purposes of the second proviso of subsection (c) of this 
section, an extended benefit period, with respect to an employee, shall 
begin on the first day of unemployment within a period of high unem-
ployment following the day on which the employee exhausted his then 
current rights to normal benefits for unemployment and shall continue 
for seven successive f©urteen-day periods (each of which periods shall 
constitute a registration period). If tha general benefit year in which 
an employee's extended benefit period began ends within such extended 
benefit period, such benefit year shall, in the case of such employee, be 
deemed not to be ended until the last day of the extended benefit 
period. If an employee unemployed within a period of high unemploy-
ment is not a 'qualified employee' for the general benefit year then 
current but was a 'qualified employee' for the preceding general bene-
fit year, such preceding general benefit year shall, for purposes of the 
second proviso of subsection (c) of this section, in the case of such 
employee, be deemed not to be ended until the last day of such 
PUBLIC LAW 94-92—AUG. 9, 1975 
89 STAT. 463 
employee's extended benefit period determined pursuant to the pro-
visions of this subsection. 
"(2) For purposes of subdivision (1) of this subsection, a 'period 
of high unemployment' shall begin with the twentieth day after which-
ever of the following first occurs: (A) there is a national 'on' indicator 
as defined in section 203(d) of Public Law 91-373, as amended, or 
(B) a period of three consecutive calendar months in which, for each 
month included in such period, the rate of railroad unemployment 
(seasonally adjusted) equalled or exceeded the lowest applicable 
unemployment rate specified for the national 'on' indicator in section 
203(d) of Public Law 91-373, as amended, and shall end with the 
twentieth day after both of the following occur: (A) there is a 
national 'off' indicator as defined in section 203(d) of Public Law 
91-373, as amended, and (B) a period of three consecutive calendar 
months, in which, for each month included in such period, the rate of 
railroad unemployment (seasonally adjusted) was less than the lowest 
applicable unemployment rate specified for the national 'off' indicator 
in section 203(d) of Public Law 91-373, as amended. 
"(3) For purposes of subdivision (2) of this subsection, the term 
'rate of railroad unemployment' for a month means the percentage 
arrived at by dividing (A) the average weekly number of individuals 
who filed bona fide claims for benefits for days of unemployment in 
such month, excluding from such number those individuals whose 
unemployment was due to a stoppage of work because of a strike, lock-
out, or other labor dispute, by (B) the average midmonth count of 
employees of class I railroads and class I switching and terminal com-
panies, as reported to the Interstate Commerce Commission, adjusted, 
as determined by the Board, to include all employees covered by this 
Act for the twelve months ending with the second calendar quarter 
preceding such n\onth. 
"(4) Determinations under this subsection shall be made by the 
Board in accordance with regulations prescribed by it. When a deter-
mination has been made that a 'period of high unemployment' is 
beginning or ending, the Board shall cause notice of such determination 
to be published in the Federal Register. The Board shall also cause 
to be published in the Federal Register the formula which it uses to 
adjust the mid-month count of employees of class I railroads and class 
T switching and terminal companies to include all employees covered 
by this Act, and the formula it uses to make seasonal adjustments 
in the rate of railroad unemployment.". 
(f) Section 3 of such Act is amended by striking out "seven" and 
inserting in lieu thereof "five". 
(g) Section 8(a) of such Act is amended by striking out the last 
five lines in the table contained therein and inserting in lieu thereof 
the following: 
"$300,000,000 or more 
0. 5 
$200,000,000 or more but less than $300.000,000 
4.0 
.$100,000,000 or more but less than $200.000,000 
5. 5 
.$50,000,000 or more but less than $100,000,000 
7. 0 
Less than $50,000,000 
8.0". 
(h) Section 8(b) of such Act is amended by striking out the first 
sentence thereof and inserting in lieu thereof the following: "Each 
employee representative shall pay a contribution with respect to so 
much of the compensation paid to him for services performed as an 
employee representative during any month after December 1975 as 
is not, for any such calendar month, in excess of $400, at the rate 
applicable to employers in accordance with subsection (a) of this 
section.". 
Period of high 
unemployment. 
26 use 3304. 
note. 
"Rate of railroad 
unemployment." 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
45 u s e 353. 
Employers' 
contributions. 
45 u s e 358. 
Employee 
representatives' 
contributions, 
89 STAT. 464 
PUBLIC LAW 94-92—AUG. 9, 1975 
45 use 360. 
45 use 361. 
Effective dates. 
45 use 351 note. 
45 use 367. 
(i) Section 10 (a) of such Act is amended— 
(1) by striking out "0.25" from clause (i) and inserting in lieu 
thereof "0.5"; and 
(2) by striking out "and pursuant to subsection (h) of this 
section" from clause (ii). 
(j) Section 11(a) of such Act is amended by striking out "0.25" 
from clause (i) and inserting in lieu thereof "0.5". 
SEC. 2. (a) The amendment made by section 1(a) of this Act shall 
be effective with respect to days of sickness in registration periods 
beginning after June 30,1975. 
(b) The amendment with respect to qualifying conditions made 
by section 1(f) shall be effective for services rendered after Decem-
ber 31,1973. 
(c) The amendments made by sections 1(b), 1(c), and 1(d) (1) of 
this Act shall be effective with respect to days of unemployment and 
days of sickness in registration periods beginning after June 30, 1975: 
Provided^ however^ That the amount of benefits paid for days of unem-
ployment or days of sickness in a registration period beginning after 
June 30, 1975, and prior to the date of enactment of this Act shall, if 
paid to an employee who is covered by a nongovernmental plan for 
unemployment or sickness insurance and who has been paid benefits 
under such plan for one or more days within the registration period, be 
reduced by the amount, if any, by which the benefits paid to him under 
the nongovernmental plan would have been reduced if this Act had 
been enacted prior to July 1, 1975, so that the employee will receive 
the full amount of the combined benefits that he would have received 
under the Kailroad Unemployment Insurance Act and the nongovern-
mental plan if the benefit increases provided by this Act had been 
enacted prior to said date. The amount of each such reduction in the 
benefits paid under the amendment made by section 1(c)(2) of this 
Act shall be paid over by the Board to the insurer of the nongovern-
mental plan or to the employer if a self-insurer. Eeductions in benefits 
and payments to insurers and employers hereunder shall be made on 
claims filed with the Board by such insurers and employers within 
thirty days after the date of enactment of this Act. 
(d) The amendments made by sections 1(d)(2) and 1(e) of this 
Act shall be effective with respect to days of unemployment in regis-
tration periods beginning after June 30,1975. 
(e) The amendments made by sections 1(g), 1(h), l ( i ) ( l ) , and 
l(j) of this Act shall be effective with respect to compensation paid 
for services rendered after December 31,1975. 
(f) The amendment made by section l(i) (2) of this Act shall be 
effective on the date of enactment of this Act. 
TITLE II—AMENDMENTS TO THE RAILROAD RETIRE-
MENT ACT OF 1974 AND THE RAILROAD RETIREMENT 
TAX ACT 
Railroad 
retirement 
account. 
45 use 231n. 
SEC. 201. (a) Section 15(a) of the Railroad Retirement Act of 
1974 is amended by striking out "authorized to be" in the second sen-
tence thereof. 
(b) Section 15(b) of such Act is amended by striking out "author-
ized to be*' the first time it appears therein. 
(c) Section 15(c) of such Act is amended by striking out "author-
ized to be" in the second sentence thereof and by adding immediately 
after "June 30, 1975," the words "out of any moneys in the Treasury 
not otherwise appropriated,". 
PUBLIC LAW 94-92—AUG. 9, 1975 
89 STAT. 465 
(d) Section 15 of such Act is further amended by inserting at the 
end thereof the following new subsection: 
" (h) There are hereby authorized to be appropriated from time to 
time such sums as may be necessary to provide for the expenses of the 
Board in administering the provisions of this Act." 
(e) The amendments made by this section shall be effective Janu-
ary 1, 1975. 
SEC. 202. (a) Section 204 of the Act entitled "An Act to amend the 
Railroad Retirement Act of 1937 to revise the retirement system for 
employees of employers covered thereunder, and for other purposes", 
approved October 16,1974 (88 Stat. 1352), is amended by adding at the 
end thereof the following new subsection: 
"(c) An individual who was awarded an annuity under section 2(a) 
of the Railroad Retirement Act of 1937 shall not be entitled to an 
annuity amount computed under the provisions of section 3(c) of the 
Railroad Retirement Act of 1974: Promded^ however^ That the provi-
sions of this subsection shall not be applicable (i) to an individual who 
will have rendered at least twelve months of service as an employee to 
an employer (as defined in the Railroad Retirement Act of 1974) after 
December 31, 1974, or (ii) to an individual who was awarded an 
annuity under section 2(a)4or2(a)5of the Railroad Retirement Act 
of 1937 and who recovered from disability and returned to the service 
of an employer (as defined in the Railroad Retirement Act of 1974) 
after December 31,1974.". 
(b) The amendment made by this section shall be effective Janu-
ary 1,1975. 
SEC. 203. (a) Section 1402(b) of the Internal Revenue Code of 1954 
is amended by striking out", but solely with respect to the tax imposed 
by section 1401(b)," from item (B) of the second sentence thereof. 
(b) Section 3231(e) of the Internal Revenue Code of 1954 is 
amended hj striking out "$3" from the fifth sentence of paragraph (1) 
and inserting in lieu thereof "$25". 
(c) The amendments made h\ this section shall be effective Jan-
uary 1, 1975, and shall apply only with respect to compensation paid 
for services rendered on or after that date. 
45 u s e 231n. 
Appropriation 
authorization. 
Effective date. 
Annuity 
eligibility. 
45 u s e 231 note. 
45 u s e 228b. 
45 u s e 231b. 
Effective date. 
45 u s e 231 note. 
26 u s e 1402. 
26 u s e 3231. 
Effective date. 
26 u s e 1402 
note. 
Approved August 9, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-384 (eomm. on Interstate and Foreign eommerce). 
eONGRESSIONAL REeORD, Vol. 121 (1975): 
July 24, considered and passed House. 
July 29, considered and passed Senate, amended. 
July 30, House concurred in Senate amendment.