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(g) Findings of fact and conclusions of law of the Board in the
determination of any claim for benefits or refund, the determination of any other matter pursuant to subsection (c) of this section,
and the determination of the Board that the unexpected funds in
the account are available for the payment of any claim for benefits
or refund under this Act, shall be, except as provided in subsection
(f) of this section, binding and conclusive for all purposes and upon
all persons, including the Comptroller General and any other administrative or accounting officer, employee, or agent of the United
States, and shall not be subject to review in any manner other than
that set forth in subsection (f) of this section.
(h) Except as may be otherwise prescribed by regulations of the
Board, benefits payable with respect to any period prior to the date
of a final decision of the Board with respect to a claim therefor,
shall be paid only after such final decision.
(i) No claimant or other properly interested person claiming
benefits shall be charged fees of any kind by the Board, its employees or representatives, with respect to such claim. Any such claimant or other properly interested person may be represented by
counsel or other duly authorized agent, in any proceeding before
the Board or its representatives of a court, but no such counsel or
agent for a claimant shall either charge or receive for such services
more than an amount approved by the Board or by the court before
whom the proceedings of the Board are reviewed. Any person who
violates any provision of this subsection shall be punished by a fine
of not more than $10,000 or by imprisonment not exceeding one
year.
(45 U.S.C. 355)
CONCLUSIVENESS OF RETURNS OF COMPENSATION AND OF FAILURE TO
MAKE RETURNS OF COMPENSATION
SEC. 6. Employers shall file with the Board, in such manner
and at such times as the Board by regulations may prescribe, returns of compensation of employees, and, if the Board shall so require, shall distribute to employees annual statements of compensation: Provided, That no returns shall be required of employers
which would duplicate information contained in similar returns required under any other Act of Congress administered by the Board.
The Board’s record of the compensation so returned shall, for the
purpose of determining eligibility for and the amount of benefits,
be conclusive as to the amount of compensation paid to an employee during the period covered by the return, and the fact that
the Board’s records show that no return was made of the compensation claimed to have been paid to an employee during a particular period shall, for the purposes of determining eligibility for
and the amount of benefits, be taken as conclusive that no compensation was paid to such employee during that period, unless the
error in the amount of compensation in the one case, or failure to
make or record return of the compensation in the other case, is
called to the attention of the Board within eighteen months after
the date on which the last return covering any portion of the calJanuary 30, 2013
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endar year which includes such period is required to have been
made.
(45 U.S.C. 356)
FREE TRANSPORTATION
SEC. 7. It shall not be unlawful for carriers to furnish free
transportation to employees qualified for benefits or serving waiting periods under this Act.
(45 U.S.C. 357)
CONTRIBUTION
SEC. 8. (a) EMPLOYER CONTRIBUTION.—
(1) IN GENERAL.—
(A) GENERAL RULE.—
(i) CONTRIBUTION RATE GENERALLY.—Every employer shall pay a contribution, with respect to having
employees in his service, equal to the percentage determined under subparagraph (B), (C), or (D), whichever is applicable, of so much of the compensation paid
in any calendar month by such employer to any employee as is not in excess of the monthly compensation
base for that month as computed under section 1(i).
(ii) MULTIPLE EMPLOYER LIMITATION.— If compensation is paid to an employee by more than one
employer in any calendar month—
(I) the contributions required by this subsection shall not apply to any amount of the aggregate compensation paid to such employee by all
such employers in such calendar month which is
in excess of such monthly compensation base; and
(II) each employer (other than a subordinate
unit of a national-railway-labor-organization employer) shall be liable for that portion of the contribution with respect to such compensation paid
by all such employers which the compensation
paid by him to such employee bears to the total
compensation paid in such month by all such employers to such employee.
In the event that the compensation paid by such employers to the employee in such month is less than
such monthly compensation base, each subordinate
unit of a national-railway-labor-organization employer
shall be liable for such portion of any additional contribution as the compensation paid by such employer
to such employee in such month bears to the total
compensation paid by all such employers to such employee in such month.
(B) TRANSITIONAL RULE.—
(i) 1ST, 2D, AND 3D CALENDAR YEARS.—Except as
provided in clause (vi), with respect to compensation
paid in calendar years 1988, 1989, and 1990, the contribution rate shall be 8 percent.
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File Type | application/pdf |
File Title | F:\COMP\RAILRETI\RUIA |
File Modified | 2019-07-24 |
File Created | 2019-07-24 |