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States, employees under such Coordinator, who are injured while in the performance of their duties for the United States in employment in South America.

By Administrative Order 6, Jan. 6, 1944, 9 F.R. 1001, Foreign Claims Commission 16 was authorized to process claims, to make initial payments of compensation, and to furnish other benefits initially, pursuant to the regulations in this subchapter and such supplementary instructions as may from time to time be issued by the Commission in cases of civilian employees of the United States who are injured while in the performance of their duties for the United States in employment in the United Kingdom.

By Administrative Order 6, as amended June 2, 1944, 9 F.R. 6143, Foreign Claims Commission 16 (including such coordinate claims commissions as may be designated by the United States Employees' Compensation Commission or by its representative in the European Theater of Operations, pursuant to the recommendation of the Chief of Claims of such Theater) was authorized to process claims, to make initial payments of compensation, and to furnish other benefits initially, pursuant to the regulations in this subchapter and such supplementary instructions as may from time to time be issued by the Commission in cases of civilian employees of the United States who are injured while in the performance of their duties for the United States in employment in the United Kingdom and elsewhere within the European Theater of Operations as defined by the War Department.

By Administrative Order 7, Apr. 28, 1944, 9 F.R. 4837, the Office of War Information was authorized to arrange and provide for the initial furnishing of medical and other benefits, pursuant to the regulations in this subchapter, and such supplementary instructions as may from time to time be issued by the Commission, in cases of civilian employees of the United States, employees of the Office of War Information, who are injured while in the performance of their duties for the United States in employment outside the continental United States, at places where no facilities for the authorization of medical benefits have been established locally by or under the Commission.

CHAPTER II-RAILROAD RETIREMENT BOARD

Subchapter A-Regulations Under the Railroad Retirement Act

Part
204 Employment relation. (Amended]

Subchapter B-Regulations Under the Railroad Unemployment Insurance Act

325 Registration and claims for bene

fits. (Amended)

Part
345 Employers' contributions and con-

tribution reports. [Amended]

Subchapter A-Regulations Under the Railroad Retirement Act

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PART 204-EMPLOYMENT RELATION other employees, or acquiescence on their Sec.

part in an actual return to service, shall 2043 Bearing of specific factors upon ex

be conclusive evidence that the reinistence of employment relation. statement was not a violation of the (Amended)

rights of such other employees. In any $ 204.3 Bearing of specific factors

case in which there is no purpose and upon existence of employment relation.

contemplation of return to actual service but there is a claim that a wrong

ful discharge has been rectified by an (f) Reinstatement. A bona fide rein

award of (1) an adjustment or arbitrastatement with restoration of seniority

tion board established under the Railprivileges, with or without pay for time

way Labor Act, as amended, or (2) a lost, made for the purpose of and in con

court of competent jurisdiction, the templation of return to actual service (irrespective of whether actual service is

Board shall determine whether, on all resumed) operates to maintain the em

the facts, the purported rectification ployment relation throughout the breach

operates to maintain the employment in service, provided that the reinstate

relation throughout the breach in service. ment is not a violation of the rights of

[Paragraph (f) amended by Board Orother employees. Participation in the

der 44-124, Mar. 7, 1944, 9 F.R. 3141] reinstatement by representatives of the Subchapter B-Regulations Under the Railroad Unemployment

Insurance Act PART 325-REGISTRATION AND AUTHORITY: $$ 325.1 to 325.50, appearing CLAIMS FOR BENEFITS

in this Supplement, issued under 52 Stat.

1107, 53 Stat. 848, 54 Stat, 1099; 45 U.S.C. 362. Sec. 325.1 Statutory provisions. (Amended]

SOURCE: $$ 325.1 to 325.50, appearing in 325.4 Registration period; statutory pro

this Supplement, contained in Board Order

44-78, Feb. 10, 1944, effective Mar. 1, 1944, vision. (Revoked) Claim and withdrawal of claim.

9 FR. 3192. Exception is noted following

section affected. (Added] 325.12 Registration. (Revised]

$ 325.1 Statutory provisions. 325.13 Applications for certificate of benefit rights and employment service,

Section 1 (h) of the Railroad Unem(Revised]

ployment Insurance Act, as amended, 325.16 Transfer of employee from one un

provides that: employment claims agent to an- (h) The term “registration period" means, other. (Revoked]

with respect to any employee, the period 325.25 Registration period. (Added]

which begins with the first day for which 325.50 Lost or destroyed forms. (Revised] such employee registers at an employment

825.5

625507-45-SUPP. VII-BK. 2-10

Page 1767

1

office in accordance with such regulations as the Board may prescribe, and ends with whichever is the earlier of (i) the thirteenth day thereafter, or (ii) the day immediately preceding the day for which he next registers at a different employment office; and thereafter each period which begins with the first day for which he next registers at an employment office after the end of his last preceding registration period and ends with whichever is the earlier of (1) the thirteenth day thereafter, or (ii) the day immediately preceding the day for which he next registers at a different employment office. (Statutory provisions added by Board Order 44–78, Feb. 10, 1944, effective Nov. 1, 1940, 9 F.R. 3192]

§ 325.4 Registration period; statutory provision. [Revoked]

§ 325.5 Claim and withdrawal of claim-(a) Claim. An employee shall claim a day as a day of unemployment by making registration with respect to such day.

(b) Withdrawal of claim. A claim to a day as a day of unemployment on the basis of a registration made with respect thereto may, in the absence of fraud, be withdrawn by the employee's (1) striking out his signature for such day on the registration and claim form, or (2) notifying the Board in writing that he no longer wishes to claim such a day as a day of unemployment on the basis of such registration.

§ 325.12 Registration—(a) Method of registration. Registration with respect to any day shall be made by the employee's appearing before an unemployment claims agent at a free employment office during such agent's working hours, subscribing to the statements on the registration and claim form provided by the Board, and signing on such form for each such day: Provided, however, That no registration shall be deemed to have been made with respect to any day which, if registration were made with respect to it, would be the first day of a registration period in a benefit year in which (1) the employee is not a qualified employee under section 3 of the Railroad Unemployment Insurance Act, or (2) benefits have already been payable to him for 100 days of unemployment: And provided further, That if registration is made with respect to any day, and the claim to such day as a day of unemployment on the basis of such registration is not withdrawn, nothing done subsequent to such registration, except reregistration under

§ 325.50, shall be deemed registration with respect to such day.

(b) Information required by registration and claim form. Upon making registration, an employee shall furnish the information required by the registration and claim form provided by the Board. Until the information required by the registration and claim form with respect to any day shall have been received in the office of the Board in which the claims of the employee are being adjudicated, such day shall not be considered as a day of unemployment with respect to such employee.

(c) Day of registration. (1) Registration with respect to any day shall be made on such day or on the first business day therafter, except that, if such day is not a business day, an employee who registered on the last business day preceding such day may register with respect thereto on the first or second business day thereafter. For the purpose of this subparagraph, the term “business day” means any day which is not a Sunday and is not a day which is generally observed as a holiday in the locality in which the employee registers.

(2) Notwithstanding the provisions of subparagraph (1) of this paragraph, the Board may require that registration by certain employees or classes of employees with respect to any day be made on that day.

(3) If an employee does not register with respect to any day within the time hereinabove specified, because of his being in transit to or from a job, or his being held over or lying over after completing a job in anticipation of a possible call for other work, or his being employed, or his being sick, or his complying with instructions from the Board to apply for work, or because of any other circumstance or condition directly affecting him and not attributable to any lack of diligence on his part, he may register with respect to such day on any of the seven days beginning with such day, and shall submit to an unemployment claims agent, to a duly authorized field representative of the Board, or to an office of the Board, a written statement explaining why he did not register with respect to such day within the time specified.

(4) If an employee does not register with respect to any day within the time hereinabove specified, because, after making reasonable efforts, he was unable

to find an unemployment claims agent ing why he did not register with respect to take his registration, or because an to such day at the designated hour. unemployment claims agent at an employment office where such employee

§ 325.13 Applications for certificate of would otherwise have registered was not

benefit rights and employment service. ready and willing to take his registra

Upon making his first registration in a tion, or because such employee was given

benefit year, an employee shall, on the misinformation by an unemployment

form provided by the Board for making claims agent, a countersigning agent, the

application for a certificate of benefit supervisor of such claims agent or coun

rights, furnish the information required tersigning agent, or an employee of the

by such form, and shall deliver such Board, such employee may register with

form to an unemployment claims agent

or mail it to an office of the Board. respect to such day at any time within one year of such day, and shall submit

Within two business days after such first to an unemployment claims agent, to a

registration, the employee shall, on the duly authorized field representative of

form provided by the Board for making the Board, or to an office of the Board,

application for employment service, fura written statement explaining why he

nish the information required by such did not register with respect to such day

form, and shall deliver such form to an within the time specified.

unemployment claims agent or mail it

to an office of the Board. No benefits (5) If an employee of an employer shall be paid the employee on the basis which does not comply with the provi

of registrations in such benefit year sions of the Act and denies that it is an

until the application for a certificate of employer or denies that it is the employer

benefit rights, and the information reof such employee registers in accordance

quired thereby, shall have been received with the requirements of a state unem

in the office of the Board in which the ployment compensation law, or is not

claims of such employee are being adpermitted by the state unemployment

judicated, and until there shall have compensation agency to register in accordance with such law, for any period

been received in such office either the ap

plication for employment service and the which includes a day occurring while

information required thereby, or notifisuch employer fails to comply with the

cation that such application and inforprovisions of the Act, he may register

mation have been received in another with respect to such day at any time

office of the Board. within one year of such day. (d) Hour of registration. Registra

$ 325.16 Transfer of employee from tion shall be made during the unemploy

one unemployment claims agent to anment claims agent's working hours. The

other. [Révoked) Board may require that registration by § 325.25 Registration period—(a) certain employees or classes of employees First day. The first day of a registration with respect to any day shall be made at period with respect to any employee is a designated hour. If an employee does the first day for which he registers, and not register with respect to any day at thereafter the first day for which he next the designated hour, because of his being registers after the last day of his last in transit to or from a job, or his being preceding registration period. held over or lying over after completing

(b) Last day. The last day of a rega job in anticipation of a possible call for other work, or his being employed, or

istration period with respect to any emhis being sick, or his complying with

ployee shall be initially determined to be instructions from the Board to apply for

the thirteenth day after the first day of work, or because of any other circum

such registration period, subject to restance or condition directly affecting him

determination as the day immediately and not attributable to any lack of dili

preceding the first day, not later than

such thirteenth day, for which he regisgence on his part, he may register with respect to such day at any other hour

ters at an employment office other than during the unemployment claims agent's

the one at which he registered for the working hours within the time specified

first day of such registration period. in paragraph (c) of this section, and $ 325.50 Lost or destroyed forms. If shall submit to an unemployment claims it appears that a registration and claim agent, to a duly authorized field repre- form on which an employee registered sentative of the Board, or to an office of has been lost or destroyed, and if (1) the Board, a written statement explain- the unemployment claims agent has, on

a form provided by the Board, a record of the registration and claim showing the dates of the days for which the employee registered and such record is in proper chronological order in a bound book in his possession, or (2) there is any other form provided by the Board which shows such dates and indicates that such registration and claim was transmitted by mail or otherwise by the unemployment claims agent to a countersigning agent, or by a countersigning agent to an unemployment claims agent or to the Board, or (3) it is otherwise established, by clear and convincing evidence, after full and complete investigation, that the employee in fact registered for such days, the employee may reregister for such days at any time within one year of the last of such days.

PART 345-EMPLOYERS' CONTRIBU

TIONS AND CONTRIBUTION RE

PORTS Sec. 345.9 Place and time for filling employers'

contribution reports. (Amended] 345.10 Payment of employers' contribu

tions. (Amended) 345.12 Adjustments. (Revised) 345.14 Assessment and collection of contri

butions or underpayments of con

tributions. (Amended] 345.15 Jeopardy assessment. (Amended] 345.24 Records. (Added]

$ 345.9 Place and time for filing employers' contribution reports. Each employer's contribution report shall be filed with the Railroad Retirement Board at Chicago (11), Illinois. [First sentence amended by Board Order 43–676, Sept. 23, 1943, 9 F.R. 3193]

$ 345.10 Payment of employers' contributions.

* Certified or uncertified checks may be tendered as provisional payment of contributions and should be made payable to the Railroad Retirement Board and mailed with the contribution report to the Railroad Retirement Board at Chicago (11), Illinois.

[Second sentence amended by Board Order 43–676, Sept. 23, 1943, 9 F. R. 3193)

§ 345.12 Adjustments-(a) In general, Section 8 (d) of the act provides that if more or less than the correct amount of employer's contribution is paid with respect to any compensation, proper adjustments with respect to the contribution shall, under regulations prescribed by the Board, be made, without interest,

in connection with subsequent contribution payments by the same employer.

(b) Compensation adjustment. A compensation adjustment is the amount of any adjustment, as disclosed by a report on Form BA-4, in the employer's report to the Board of the compensation of an individual employee.

(c) Adjustment of contributions. (1) All adjustments of contributions based on compensation adjustments shall be accounted for by the employer on the contribution report for the same quarter in which the Form BA-4 reflecting the compensation adjustments is filed with the Board.

(2) If less than the correct amount of contributions is paid for any previous calendar quarter because of an error that does not constitute a compensation adjustment as defined in paragraph (b) above, the employer shall adjust the error by (1) reporting the additional amount due and payable by reason of the underpayment as additional contribution on his next report filed after discovery of the error and (ii) paying the amount thereof to the Board at the time such report is filed.

If more than the correct amount of contributions is paid for any previous quarter because of an error that does not constitute a compensation adjustment as defined in paragraph (b) above, the employer shall adjust the error by applying the excess payment as a credit against the contribution due on his next report filed after the discovery of the error.

(d) Limitations on adjustments. No overpayment shall be adjusted under this section after the expiration of four years from the date the overpayment was received by the Board. No underpayment shall be adjusted under this section after the receipt from the Board of formal notice and demand for payment based upon an assessment, but the amount thereof shall be paid to the Board pursuant to such notice and demand. (52 Stat. 1094, 1107; 45 U.S.C. 362) (Board Order 44-289, May 11, 1944, 9 F.R. 5399)

$ 345.14 Assessment and collection of contributions or underpayments of contributions.

CODIFICATION: In § 345.14, the parenthetical clause at the end of the first paragraph was amended by deleting therefrom the words "and whether or not a certificate of underpayment has been issued", by Board Order 44-289, May 11, 1944, 9 F.R. 5399.

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