office in accordance with such regulations as the Board may prescribe, 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; 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day as a day of unemployment on the basis of a registration made with respect thereto may, in the absence of fraud, be withdrawn by the employee's (1) striking out his signature for such day on the registration and claim form, or (2) notifying the Board in writing that he no longer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with respect to any day, and the claim to such day as a day of unemployment on the basis of such registration is not withdrawn, nothing done subsequent to such registration, except reregistration under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 to take his registration, or because an unemployment claims agent at an employment office where such employee would otherwise have registered was not ready and willing to take his registration, or because such employee was given misinformation by an unemployment claims agent, a countersigning agent, the supervisor of such claims agent or countersigning agent, or an employee of the Board, such employee may register with respect to such day at any time within one year of 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.

(5) If an employee of an employer which does not comply with the provisions of the Act and denies that it is an employer or denies that it is the employer of such employee registers in accordance with the requirements of a state unemployment compensation law, or is not permitted by the state unemployment compensation agency to register in accordance with such law, for any period which includes a day occurring while such employer fails to comply with the provisions of the Act, he may register with respect to such day at any time within one year of such day.

Registra

(d) Hour of registration. tion shall be made during the unemployment claims agent's working hours. The Board may require that registration by certain employees or classes of employees with respect to any day shall be made at a designated hour. If an employee does not register with respect to any day at the designated hour, 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 at any other hour during the unemployment claims agent's working hours within the time specified in paragraph (c) of this section, 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 explain

ing why he did not register with respect to such day at the designated hour.

§ 325.13 Applications for certificate of benefit rights and employment service. Upon making his first registration in a benefit year, an employee shall, on the form provided by the Board for making application for a certificate of benefit rights, furnish the information required by such form, and shall deliver such form to an unemployment claims agent or mail it to an office of the Board. Within two business days after such first registration, the employee shall, on the form provided by the Board for making application for employment service, furnish the information required by such form, and shall deliver such form to an unemployment claims agent or mail it to an office of the Board. No benefits shall be paid the employee on the basis of registrations in such benefit year until the application for a certificate of benefit rights, and the information required thereby, shall have been received in the office of the Board in which the claims of such employee are being adjudicated, and until there shall have been received in such office either the application for employment service and the information required thereby, or notification that such application and information have been received in another office of the Board.

§ 325.16 Transfer of employee from one unemployment claims agent to another. [Révoked]

§ 325.25 Registration period-(a) First day. The first day of a registration period with respect to any employee is the first day for which he registers, and thereafter the first day for which he next registers after the last day of his last preceding registration period.

(b) Last day. The last day of a registration period with respect to any employee shall be initially determined to be the thirteenth day after the first day of such registration period, subject to redetermination as the day immediately preceding the first day, not later than such thirteenth day, for which he registers at an employment office other than the one at which he registered for the first day of such registration period.

§ 325.50 Lost or destroyed forms. If it appears that a registration and claim form on which an employee registered has been lost or destroyed, and if (1) 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.

§ 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 (i) 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.