96-10983. Employers' Contributions and Contribution Reports  

  • [Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
    [Rules and Regulations]
    [Pages 20070-20082]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-10983]
    
    
    
    
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    _______________________________________________________________________
    
    Part V
    
    
    
    
    
    Railroad Retirement Board
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    20 CFR Part 345
    
    
    
    Employers' Contributions and Contribution Reports; Final Rule
    
    Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and 
    Regulations
    
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    RAILROAD RETIREMENT BOARD
    
    20 CFR Part 345
    
    RIN 3220-AA79
    
    
    Employers' Contributions and Contribution Reports
    
    AGENCY: Railroad Retirement Board.
    
    ACTION: Final rule.
    
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    SUMMARY: The Railroad Retirement Board hereby revises its regulations 
    under the Railroad Unemployment Insurance Act in order to implement 
    amendments to that Act in 1988 to provide for employers under the RUIA 
    to pay unemployment contributions on the basis of an experience rating 
    system. Prior to amendment, all employers paid contributions at the 
    same rate.
    
    EFFECTIVE DATE: May 3, 1996.
    
    ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 North 
    Rush Street, Chicago, Illinois 60611.
    
    FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Assistant General 
    Counsel, Railroad Retirement Board, Bureau of Law, Chicago, Illinois 
    60611; (312) 751-4513, TDD (312) 751-4701.
    
    SUPPLEMENTARY INFORMATION: Benefits under the Railroad Unemployment 
    Insurance Act (RUIA) are funded by contributions paid by employers, as 
    defined in section 1(a) of the RUIA and part 301 of this chapter. For 
    calendar years through 1990, all employers, with the exception of 
    commuter railroads, paid contributions at the same rate. Title VII of 
    Public Law 100-647 amended section 8(a) of the RUIA to provide for a 
    contribution rate based upon an employer's experience. The experience 
    rating system provided by section 8(a) of the RUIA is phased in 
    beginning with calendar year 1991. For 1991 and 1992, a transitional 
    rate of contribution applies to each employer. Effective January 1, 
    1993, each employer will have an experience-based rate of contribution. 
    A ``new employer'' rate of contribution will be computed for an 
    employer that first pays compensation after December 31, 1989.
        The experience rating system that goes into effect January 1, 1993 
    is based upon recommendations made by the Railroad Unemployment 
    Compensation Committee (RUCC), which was established by Section 504 of 
    the Railroad Retirement Solvency Act of 1983 (Public Law 98-76). The 
    RUCC was required to review all aspects of the unemployment insurance 
    system under the RUIA, including the method by which benefit costs 
    under the RUIA were funded. In its report dated June 29, 1984, the RUCC 
    recommended that railroad unemployment insurance contributions be put 
    on an experience rating system utilizing what is termed a ``reserve-
    benefit ratio method'' of measuring experience. The methodology 
    contemplates that each employer will pay contributions at a rate 
    consisting of a basic rate, plus 0.65 percent to cover the 
    administrative expenses incurred by the Railroad Retirement Board, plus 
    the amount of any surcharge that becomes applicable when the balance to 
    the credit of the railroad unemployment insurance account declines to 
    certain specified levels.
        The basic rate referred to above consists of three components. The 
    first component is the allocated-experience rate and is based upon 
    benefit payments that are charged to each employer. The purpose of this 
    rate is to ensure that each employer is ultimately responsible for the 
    cost of benefits paid to its own employees. The second component is the 
    unallocated-experience element, which covers benefit payments that are 
    not chargeable to any employer. Its purpose is to ensure that 
    responsibility for benefit charges that, by law, cannot be allocated to 
    a single employer is fairly shared. The third component covers risk-
    shared benefit payments, that is, benefits that are chargeable to a 
    base year employer but the contributions to cover the cost of those 
    benefits cannot be collected immediately because of the imposition of a 
    maximum contribution rate. Risk-sharing picks up the income that 
    otherwise would be lost because of the maximum rate of contribution. 
    Eventually, the lost income will be paid by the employers that were at 
    the maximum rate because the reserve-ratio component assures that, over 
    time, each employer will contribute amounts equal to all benefit 
    payments charged to it.
        This rule consists of five subparts. Subpart A contains some 
    general provisions and definitions. Subpart B revises part 345 as it 
    read prior to this revision and sets forth the requirements for filing 
    reports of contributions and the manner in which contributions are to 
    be collected.
        Subpart C implements the provisions of section 8(a)(17) and (18) of 
    the RUIA, which require the Board to establish individual employer 
    records and to prescribe regulations relating to the establishment and 
    discontinuance of joint employer records. Subpart C also prescribes the 
    regulations required by section 8(a)(19) of the RUIA, relating to the 
    establishment of employer records in the event of mergers, 
    consolidations, or other changes in employer identity, including 
    changes resulting from a sale or transfer of assets, reincorporation, 
    or abandonment.
        Subpart D explains the experience rating system under the RUIA and 
    the methods that the Board will follow in computing each employer's 
    rate of contribution under the experience rating system. This subpart 
    also explains the computation of new employer contribution rates.
        Subpart E explains how the Board will charge base year employers 
    with benefit payments made under the RUIA, the handling of adjustments 
    to those charges, and the process for notifying base year employers of 
    the charges.
    
    Section By Section Analysis
    
    Subpart A--General Provisions and Definitions
    
        Section 345.101 sets forth the general requirement that employers 
    (except for a local lodge or division of a railway labor organization) 
    covered under the RUIA must pay a contribution on compensation paid to 
    their employees in order to fund unemployment and sickness benefits 
    payable under that statute. It revises previous Sec. 345.1.
        Section 345.102 provides that where an employee is employed by two 
    or more employers (other than a subordinate unit of a railway 
    organization) the employers may prorate the amount of contributions due 
    based upon the amount of compensation paid to the employee. It 
    simplifies the provisions previously found in Sec. 345.2(b).
        Section 345.103 provides that an employer's rate of contributions 
    shall be based upon his ``experience'' as defined in Subpart D. It 
    revises the present Sec. 345.2(a).
        Section 345.105 is a new section and sets forth the statutory 
    exception that exempts employee representatives, as defined in part 205 
    of this chapter, from paying contributions on their salaries. It also 
    provides that contributions are the sole obligation of the employer and 
    may not be deducted from the employee's wages.
        Section 345.106 is a new section and contains definitions relevant 
    to this part.
    
    Subpart B--Reporting and Collecting Contributions
    
        Section 345.110 follows Sec. 345.4 of the previous regulation and 
    provides that the reports of compensation filed under part 209 of this 
    chapter shall be used to establish an employee's compensation record 
    under the RUIA.
        Section 345.111 is essentially the same as previous Sec. 345.5 and 
    provides for the filing of quarterly contribution
    
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    reports by employers. It eliminates annual reports and provides that an 
    affiliated group of employers may file a consolidated quarterly 
    contribution report.
        Section 345.112 provides that an employer's final contribution 
    report shall be filed within 60 days after the last payment of wages. 
    It is essentially the same as previous Sec. 345.6.
        Section 345.113 provides that the contribution report must be filed 
    by a responsible officer of the employer. It is the same as previous 
    Sec. 345.7.
        Section 345.114 provides that the quarterly contribution report 
    must be filed on a form approved by the Board unless the failure to use 
    such form was due to reasonable cause and not due to willful neglect. 
    It follows previous Sec. 345.8.
        Section 345.115 provides that an employer shall file the quarterly 
    contributions report with the Chief Financial Officer on or before the 
    last day of the month following the end of the quarter. It is 
    essentially the same as the present Sec. 345.9 except that the 
    provisions for waiving interest or penalty resulting from a late report 
    are found in Secs. 345.122 and 345.123, respectively.
        Section 345.116 simplifies previous Sec. 345.10 and provides that 
    payment or deposit of contributions due shall be in accordance with 
    instructions provided by the Board.
        Section 345.117 permits rounding to the nearest cent when paying 
    contributions. It reflects a provision found in the RUIA and is 
    identical to the previous Sec. 345.11.
        Section 345.118 provides that an employer who underpays or overpays 
    his contributions may take an interest free adjustment on the 
    contribution report due after discovery of the error. It is essentially 
    the same as previous Sec. 345.12, except that it contains a 
    clarification providing that if an employer fails to adjust an 
    underpayment in accordance with the section, he shall be liable for 
    interest on the underpayment from the time the adjustment should have 
    been made until the underpayment is made.
        Section 345.119 provides that if an employer cannot adjust an 
    overpayment of contributions as provided for in Sec. 345.118, he may 
    claim a refund for the overpayment. No claim for refund shall be 
    honored if filed more than three years after the contribution report 
    containing the error was required to be filed, or more than two years 
    after payment of the erroneous contribution, whichever is later. This 
    section follows previous Sec. 345.13, but clarifies that no interest 
    shall be paid on the refund and that any claim for refund shall be 
    offset by any contributions due the Board by the employer claiming the 
    refund. However, where the overpayment of contributions is the result 
    of Board error in computing an employer's contribution rate under 
    Subpart D, the Board will pay interest in accord with section 6621 of 
    the Internal Revenue Code.
        Section 345.120 revises previous Sec. 345.14 and provides that if 
    any contribution is not paid when due, the Board may assess the amount 
    due (whether or not the deficiency is adjustable as an underpayment 
    under Sec. 345.118). The assessment is the creation of an account 
    receivable by the Chief Financial Officer. The amount assessed may be 
    collected, after notice and demand, by any remedy available under law, 
    but must be collected within 10 years after assessment. In collecting 
    an assessment, the Board may use any remedy available under the 
    Internal Revenue Code for collecting railroad retirement taxes.
        Section 345.121 is the same as previous Sec. 345.15, which permits 
    the Board to make an assessment of contributions (jeopardy assessment) 
    before the return of contributions is due in order to protect the 
    interest of the United States.
        Section 345.122 follows previous Sec. 345.15, which provides that 
    interest of one percent a month, or fraction thereof, shall accrue on 
    contributions not paid on time or not adjusted in a timely manner under 
    Sec. 345.118. Because the interest provision in the RUIA is really a 
    penalty provision, that is, it assesses a fixed rate regardless of the 
    market rate of interest, a new provision is added that permits the 
    Chief Financial Officer to waive interest when equity warrants.
        Section 345.123 follows previous Sec. 345.19 and provides for 
    penalties for delinquent and false contribution reports.
        Section 345.124 is a new section and provides that an employer may 
    seek administrative review of any determination made by the Chief 
    Financial Officer with regard to amounts due under this part. A request 
    for review, however, does not stay the employer's obligation to make or 
    continue to file reports as required under this part.
        Section 345.125 revises previous Sec. 345.24 to alleviate the 
    burden on employers to keep supporting records back to 1939. Under the 
    regulation, an employer must keep records that support his contribution 
    reports for five calendar years after the date the report was required 
    to be filed.
        Section 345.126 is identical to previous Sec. 345.18 and provides 
    that any amount due from an employer under this part is a lien on the 
    employer's property in favor of the United States.
    
    Subpart C--Individual Employer Records
    
        Section 345.201 provides that effective January 1, l990, the Board 
    will establish a ``record'' for each employer composed of the 
    employer's contribution and benefit ``experience'' and his share of the 
    system ``experience'' to determine the employer's experience-based 
    contribution rate.
        Section 345.202 provides that two or more employers under common 
    control may consolidate their respective employer records and be 
    treated as one employer.
        Section 345.203 provides that in the event of a merger of two 
    employers, the surviving employer's record shall consist of the 
    combination of the individual employer records of the employers 
    participating in the merger.
        Section 345.204 embodies the so-called ``successor employer rule'' 
    and provides that in the case of sale or transfer of assets by an 
    employer, the record of the selling employer shall be transferred to 
    the purchaser. If less than substantially all the assets are sold or 
    transferred, the record shall be transferred in accordance with the 
    agreement of sale, subject to Board approval.
        Section 345.205 provides that a reorganization that does not 
    involve a merger does not affect the employer records of the entities 
    involved in the reorganization.
        Section 345.206 provides that an employer who first pays 
    compensation after December 31, 1989, shall continue to maintain an 
    employer record during the period of inactivity.
        Section 345.207 provides that in the case of an employer who 
    permanently ceases operations (defunct employer), that employer's net 
    cumulative contribution balance and net cumulative benefit balance 
    shall be transferred to the system unallocated charge balance, that is, 
    the employer's ``experience'' is spread among all employers.
        Section 345.208 provides that the Board shall publish annually 
    notice of the system unallocated charges and credits.
    
    Subpart D--Contribution Rates
    
        Section 345.301 provides that effective January 1, l993, each 
    employer's contribution rate will be computed based upon his benefit 
    and
    
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    contribution experience as computed under this subpart.
        Section 345.302 defines the words and phrases used in computing 
    experience-rated contributions.
        Section 345.303 sets forth in a step-by-step manner the computation 
    of the experience rate.
        Section 345.304 provides that new employers, as defined therein, 
    shall have a phased-in experience rate and sets forth the computation 
    of this rate.
        Section 345.305 provides that annually the Board shall notify each 
    employer of his contribution rate as computed under this subpart and of 
    the components that make up that rate.
        Section 345.306 provides that upon request the Board will make 
    available to each employer the data used to determine the employer's 
    contribution rate.
        Section 345.307 provides a procedure under which an employer may 
    protest his rate. Such procedure may include a hearing, and any final 
    decision of the Board is subject to judicial review. During pendency of 
    the appeal, the employer shall pay at the protested rate. Should the 
    employer prevail in the protest, he will be refunded the overpaid 
    contributions or may take a credit in the amount of the overpayment 
    against future contributions due as provided for in Sec. 345.118 of 
    this part.
    
    Subpart E--Benefit Charging
    
        Section 345.401 provides that all benefits paid to an employee for 
    his or her days of unemployment or sickness will be charged to the base 
    year employer of the employee.
        Section 345.402 provides that unemployment benefits paid for days 
    of unemployment resulting from a strike or work stoppage will not be 
    charged to the employee's base year employer, but shall be charged to 
    the system unallocated charge balance.
        Section 345.403 explains how benefits paid are charged if the 
    employee had more than one base year employer.
        Section 345.404 provides that benefits previously charged shall be 
    adjusted if later recovered by the Board because they were erroneously 
    paid. However, no adjustment shall be made where recovery of the 
    benefits has been waived, or to the extent that recovery is not made 
    because the debt is determined uncollectible or because it was 
    compromised.
        Section 345.405 provides that the Board will notify an employer 
    when a claim for benefits is made and when such benefits are paid. In 
    addition, each quarter the Board will provide each employer with a 
    report of its cumulative benefit balance.
        Section 345.406 provides that the cumulative benefit balance of a 
    defunct employer shall be added to the system unallocated charge 
    balance.
        On August 18, 1995, the Board published this rule as a proposed 
    rule (60 FR 43300), inviting comments on or before October 17, 1995. No 
    comments were received.
        In reviewing the proposed rule prior to its publication as a final 
    rule, clarification of certain provisions, as enumerated below, was 
    found necessary.
        The second sentence of Step 1 of Sec. 345.302(j), which explains 
    the computation of the pooled charge ratio, was changed to remove: ``, 
    345.304, or 345.308 * * *, whichever is applicable''. A ``pooled 
    charge'' is added only to the contribution rate computed under 
    Sec. 345.303 and is not added to a new employer rate of computation, as 
    computed under Sec. 345.304, except to the extent that a new employer 
    rate, as phased in, reflects its experience with respect to periods 
    after the period during which it has an initial contribution rate, as 
    computed in Sec. 345.304(b). Also, there is no Sec. 345.308.
        The first sentence of Sec. 345.302(k), relating to computation of 
    pooled credits, was amended to add the language ``, as computed under 
    Sec. 345.303 of this part,'' to clarify that a new employer is not 
    entitled to a pooled credit since a new employer's rate is computed 
    under the special provisions of Sec. 345.303(b) and not under the 
    regular formula found in Sec. 345.303(a), which provides for the 
    application of the pooled credit at Step 3.
        The first sentence of Sec. 345.302(n), relating to surcharge rates, 
    was amended to add the language ``, as computed under Sec. 345.303 of 
    this part,'' to clarify that a surcharge rate, when applicable, will be 
    added only at Step 6 of Sec. 345.303(a) and not to the rate, if any, as 
    computed under Sec. 345.304(b).
        The Labor Member of the Railroad Retirement Board does not support 
    the authority contained in Sec. 345.118(c)(3) of the regulation for the 
    payment of interest, under certain circumstances, to railroad employers 
    who have overpaid their contributions due under the Railroad 
    Unemployment Insurance Act. There is no express statutory language in 
    the Railroad Unemployment Insurance Act authorizing the payment of 
    interest, but rather, the authority is derived from a provision in the 
    Internal Revenue Code, which is incorporated by reference. The Labor 
    Member is of the opinion that the regulation should follow the current 
    regulation of the Railroad Retirement Board, which does not provide for 
    the payment of interest. In addition to the lack of express statutory 
    authority for the payment of interest, the Labor Member believes that 
    it is inequitable to authorize the payment of interest to railroad 
    employers who have overpaid their contributions when there is no 
    authority for the Railroad Retirement Board to pay interest to 
    beneficiaries who have been underpaid benefits under the Railroad 
    Retirement and Railroad Unemployment Insurance Acts.
        The Board has determined that this is not a major rule under 
    Executive Order No. 12866; therefore no regulatory impact analysis is 
    required. The information collection requirements contained in this 
    rule have been approved by the Office of Management and Budget under 
    control numbers 3220-0008 and 3220-0012.
    
    List of Subjects in 20 CFR Part 345
    
        Railroad employers, Railroad unemployment benefits.
    
        For the reasons set out in the preamble, title 20, chapter II of 
    the Code of Federal Regulations is amended as follows:
        1. Part 345 is revised to read as follows:
    
    PART 345--EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS
    
    Subpart A--General Provisions and Definitions
    
    Sec.
    345.101   Requirement for contribution.
    345.102   Multiple employer limitation.
    345.103   Rate of contribution.
    345.104   Employees and employee representatives not liable.
    345.105   Definitions.
    Subpart B--Reporting and Collecting Contributions
    345.110   Reports of compensation of employees.
    345.111   Contribution reports.
    345.112   Final contribution reports.
    345.113   Execution of contribution reports.
    345.114   Prescribed forms for contribution reports.
    345.115   Place and time for filing contribution reports.
    345.116   Payment of contributions.
    345.117   When fractional part of cent may be disregarded.
    345.118   Adjustments.
    345.119   Refunds.
    345.120   Assessment and collection of contributions or 
    underpayments of contributions.
    345.121   Jeopardy assessment.
    345.122   Interest.
    345.123  Penalty for delinquent or false contribution reports.
    345.124  Right to appeal.
    345.125  Records.
    345.126  Liens.
    
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    Subpart C--Individual Employer Records
    
    345.201  Individual employer record defined.
    345.202  Consolidated employer records.
    345.203  Merger or combination of employers.
    345.204  Sale or transfer of assets.
    345.205  Reincorporation.
    345.206  Abandonment.
    345.207  Defunct employer.
    345.208  System records.
    
    Subpart D--Contribution Rates
    
    345.301  Introduction.
    345.302  Definition of terms and phrases used in experience-rating.
    345.303  Computation of rate.
    345.304  New-employer contribution rates.
    345.305  Notification and proclamations.
    345.306  Availability of information.
    345.307  Rate protest.
    
    Subpart E--Benefit Charging
    
    345.401  General rule.
    345.402  Strikes or work stoppages.
    345.403  Multiple base year employers.
    345.404  Adjustments.
    345.405  Notices to base year employers.
    345.406  Defunct employer.
    
        Authority: 45 U.S.C. 362(l).
    
    Subpart A--General Provisions and Definitions
    
    
    Sec. 345.101  Requirement for contribution.
    
        Every employer, as defined in part 301 of this chapter, shall pay 
    to the Railroad Retirement Board a contribution with respect to the 
    compensation paid to an employee in any calendar month for service by 
    such employee (except for service to a local lodge or division of a 
    railway labor organization). For the purposes of this part, the term 
    ``compensation'' is defined in part 302 of this chapter. The 
    compensation subject to contribution is the gross amount of 
    compensation paid to an employee for service in any month, not to 
    exceed the amount of the monthly compensation base (MCB), as defined in 
    part 302 of this chapter. The amount of contribution payable by each 
    employer is to be computed and paid pursuant to the provisions of this 
    part.
    
    
    Sec. 345.102  Multiple employer limitation.
    
        (a) The contributions required by this part 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 the MCB; and
        (b) 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 the employer to such employee 
    bears to the total compensation paid in such month by all such 
    employers to such employee.
        (c) In the event that the compensation paid by such employers to 
    the employee in such month is less than the MCB, 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 national-railway-labor-organization employers 
    to such employee in such month.
    
    
    Sec. 345.103   Rate of contribution.
    
        (a) Each employer will have an experience-rated rate of 
    contribution computed by the Board under the provisions of section 
    8(a)(1)(C) of the Railroad Unemployment Insurance Act. See Subpart D of 
    this part.
        (b) Notwithstanding paragraph (a) of this section the rate of 
    contribution applicable to an employer that first becomes subject to 
    this part after December 31, 1989, will be computed by the Board in 
    accordance with section 8(a)(1)(D) of the Railroad Unemployment 
    Insurance Act. See Subpart D of this part.
    
    
    Sec. 345.104   Employees and employee representatives not liable.
    
        The amount of contributions for which an employer is liable under 
    this part shall not be deducted from an employee's compensation, and 
    the Board will not recognize any agreement under which an employee 
    assumes liability for such contributions. Employee representatives 
    under part 205 of this chapter are not employees for purposes of the 
    Railroad Unemployment Insurance Act and are not liable for payment of 
    contributions under this part.
    
    
    Sec. 345.105   Definitions.
    
        (a) Chief Financial Officer. References in this part to the Board's 
    Chief Financial Officer mean the Chief Financial Officer, Railroad 
    Retirement Board, 844 North Rush Street, Chicago, Illinois 60611. The 
    Chief Financial Officer shall be responsible for assessing, collecting, 
    and depositing contributions due from employers under this part.
        (b) Monthly compensation base. For the purposes of this part, the 
    monthly compensation base (MCB) is the maximum monthly amount of 
    compensation per employee that is subject to contribution pursuant to 
    this part. On or before December 1 of each year, the Board will compute 
    the amount of the MCB in accordance with section 1(i) of the Railroad 
    Unemployment Insurance Act and part 302 of this chapter, and will 
    publish notice of the amount so computed in the Federal Register within 
    10 days after such computation has been made. Information as to the 
    amount of the MCB should be requested from the Board's Chief Financial 
    Officer.
        (c) Month defined. (1) For the purposes of this part, if the date 
    prescribed for filing a report or paying a contribution is the last day 
    of a calendar month, each succeeding calendar month or fraction thereof 
    during which the failure to file or pay the contribution continues 
    shall constitute a month.
        (2) If the date prescribed for filing the report or paying the 
    contribution is a date other than the last day of a calendar month, the 
    period that terminates with the date numerically corresponding thereto 
    in the succeeding calendar month and each such successive period shall 
    constitute a month. If, in the month of February, there is no date 
    corresponding to the date prescribed for filing the report or paying, 
    the period from such date in January through the last day of February 
    shall constitute a month. Thus, if a report is due on January 30, the 
    first month shall end on February 28 (or 29 if a leap year), and the 
    succeeding months shall end on March 30, April 30, etc.
        (3) If a report is not timely filed or a contribution is not timely 
    paid, the fact that the date prescribed for filing the report or paying 
    the contribution, or the corresponding date in any succeeding calendar 
    month, falls on a Saturday, Sunday, or a legal holiday is immaterial in 
    determining the number of months.
        (d) Reference to forms. Any reference in this part to any 
    prescribed reporting or other form of the Board includes a reference to 
    any other form of the Board prescribed in substitution for such 
    prescribed form.
        (e) Showing reasonable cause. For purposes of this part if an 
    employer exercised ordinary business care and prudence and was 
    nevertheless unable to file the return within the prescribed time, then 
    the delay is due to reasonable cause. A failure to pay any amount due 
    under this part within the prescribed time will be considered to be due 
    to reasonable cause to the extent that the employer has made a 
    satisfactory showing that he exercised ordinary business care and 
    prudence in providing for payment but nevertheless was unable to pay on 
    time.
    
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    Subpart B--Reporting and Collecting Contributions
    
    
    Sec. 345.110   Reports of compensation of employees.
    
        The provisions of part 209 of this chapter shall be applicable to 
    the reporting of compensation under the Railroad Unemployment Insurance 
    Act to the same extent and in the same manner as they are applicable to 
    the reporting of compensation under the Railroad Retirement Act.
    
    
    Sec. 345.111   Contribution reports.
    
        (a) General. (1) Except as provided in paragraph (a)(2) of this 
    section, every employer shall, for each calendar quarter of each year, 
    prepare a contribution report, in duplicate, on Form DC-1.
        (2) Contribution reports of employers who are required by State law 
    to pay compensation on a weekly basis shall include with respect to 
    such compensation all payroll weeks in which all or the major part of 
    the compensation falls within the period for which the reports are 
    required.
        (b) Compensation to be reported on Form DC-1. Employers shall enter 
    on the employer's quarterly contribution report, prior to any additions 
    or subtractions, the amount of creditable compensation appearing on 
    payrolls or other disbursement documents for the corresponding quarter 
    as the amount of creditable compensation from which the contribution 
    payable for that quarter is to be computed.
    
    (Approved by the Office of Management and Budget under control 
    number 3220-0012)
    
    
    Sec. 345.112   Final contribution reports.
    
        Upon termination of employer status, as determined under part 301 
    of this chapter, the last contribution report of the employer shall be 
    so indicated by checking the box on the Form DC-1 entitled ``Final 
    Report''. Such contribution report shall be filed with the Board on or 
    before the sixtieth day after the final date for which there is payable 
    compensation with respect to which contribution is required. The period 
    covered by each such contribution report shall be plainly written 
    thereon, indicating the final date for which compensation is payable. 
    There shall be executed as part of each such final contribution report 
    a statement giving the address at which compensation records will be 
    kept and the name of the person keeping the records.
    
    (Approved by the Office of Management and Budget under control 
    number 3220-0012)
    
    
    Sec. 345.113   Execution of contribution reports.
    
        Each contribution report on Form DC-1 shall be signed by:
        (a) The individual, if the employer is an individual;
        (b) The president, vice president, or other duly authorized 
    officer, if the employer is a corporation; or
        (c) A responsible and duly authorized member or officer having 
    knowledge of its affairs if the employer is a partnership or other 
    unincorporated organization.
    
    
    Sec. 345.114   Prescribed forms for contribution reports.
    
        Each employer's contribution report, together with any prescribed 
    copies and supporting data, shall be filled out in accordance with the 
    instructions and regulations applicable thereto. The prescribed forms 
    may be obtained from the Board. An employer will not be excused from 
    making a contribution report for the reason that no form has been 
    furnished to such employer. Application should be made to the Board for 
    the prescribed forms in ample time to have the contribution report 
    prepared, verified, and filed with the Board on or before the due date. 
    Contribution reports that have not been so prepared will not be 
    accepted and shall not be considered filed for purposes of Sec. 345.115 
    of this part. In case the prescribed form has not been obtained, a 
    statement made by the employer disclosing the period covered and the 
    amount of compensation with respect to which the contribution is 
    required may be accepted as a tentative contribution report if 
    accompanied by the amount of contribution due. If filed within the 
    prescribed time, the statements so made will relieve the employer from 
    liability for any penalty imposed under this part for the delinquent 
    filing of the contribution report provided that the failure to file a 
    contribution report on the prescribed form was due to reasonable cause 
    and not due to willful neglect, and provided further, that within 30 
    days after receipt of the tentative report such tentative report is 
    supplemented by a contribution report made on the proper form.
    
    (Approved by the Office of Management and Budget under control 
    number 3220-0012)
    
    
    Sec. 345.115   Place and time for filing contribution reports.
    
        Each employer shall file its contribution report with the Chief 
    Financial Officer, Railroad Retirement Board, 844 North Rush Street, 
    Chicago, Illinois, 60611. The employer's contribution report for each 
    quarterly period shall be filed on or before the last day of the 
    calendar month following the period for which it is made. If such last 
    day falls on Saturday, Sunday, or a national legal holiday, the report 
    may be filed on the next following business day. If mailed, reports 
    must be postmarked on or before the date on which the report is 
    required to be filed.
    
    
    Sec. 345.116   Payment of contributions.
    
        (a) The contribution required to be reported on an employer's 
    contribution report is due and payable to the Board without assessment 
    or notice, at the time fixed for filing the contribution report as 
    provided for in Sec. 345.115 of this part.
        (b) An employer shall deposit the contributions required under this 
    part in accord with instructions issued by the Railroad Retirement 
    Board. At the direction of the Board, the Secretary of the Treasury 
    shall credit such contributions to the Railroad Unemployment Insurance 
    Account in accord with section 10 of the Railroad Unemployment 
    Insurance Act and to the Railroad Unemployment Insurance Administration 
    Fund in accord with section 11 of the Railroad Unemployment Insurance 
    Act.
    
    
    Sec. 345.117   When fractional part of cent may be disregarded.
    
        In the payment of employers' contributions to the Board a 
    fractional part of a cent shall be disregarded unless it amounts to 
    one-half cent or more, in which case it shall be increased to one cent.
    
    
    Sec. 345.118   Adjustments.
    
        (a) In general. If more or less than the correct amount of an 
    employer's contribution is paid with respect to any compensation, 
    proper adjustments with respect to the contributions shall be made, 
    without interest, in subsequent contribution payments by the same 
    employer, as provided for in this section.
        (b) Compensation adjustment. A compensation adjustment is the 
    amount of any adjustment reported by an employer on Form BA-4. See part 
    209 of this chapter.
        (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 or calendar year because of an error that 
    does not
    
    [[Page 20075]]
    
    constitute a compensation adjustment as defined in paragraph (b) of 
    this section, the employer shall adjust the error by--
        (i) Reporting the additional contribution on the next report filed 
    after discovery of the error; and
        (ii) Paying the amount thereof to the Board at the time such report 
    is filed.
        (3) If more than the correct amount of contributions is paid for 
    any previous calendar quarter or calendar year because of an error that 
    does not constitute a compensation adjustment as defined in paragraph 
    (b) of this section, the employer shall adjust the error by applying 
    the excess payment as a credit against the contribution due on the next 
    report filed after discovery of the error. However, if the overpayment 
    cannot be adjusted because the employer is no longer required to file a 
    report or because the overpayment to be adjusted exceeds the amount of 
    contribution due on the employer's next report, the employer may file 
    for a refund of the amount which cannot be adjusted as provided for in 
    this section. If the overpayment is the result of an incorrect 
    contribution rate as determined by the Board, the employer may file for 
    a refund of the amount of overpayment or may take an adjustment as 
    provided for in this section.
        (d) Limitations on adjustments. No overpayment shall be adjusted 
    under this section after the expiration of three years from the time 
    the contribution report was required to be filed, or two years from the 
    time the contribution was paid, whichever of such periods expires the 
    later, or if no contribution report was filed, two years from the time 
    the contribution was paid. Any underpayment not adjusted within the 
    time limits as set forth in paragraph (c) of this section shall be 
    adjusted on the employer's next contribution report or reported 
    immediately on a supplemental return. Interest shall accrue on such 
    underpayment as provided for in Sec. 345.122 of this part from the time 
    the adjustment should have been made under paragraph (c) of this 
    section to date of payment. However, no underpayment shall be adjusted 
    under this section after the receipt from the Board of formal notice 
    and demand.
    
    
    Sec. 345.119  Refunds.
    
        (a) In general. If more than the correct amount of the employer's 
    contribution is paid with respect to any compensation and the 
    overpayment may not be adjusted in accordance with Sec. 345.118 of this 
    part, the amount of the overpayment shall be refunded in accordance 
    with this section.
        (b) When permitted. A claim for refund may be made only when the 
    overpayment cannot be adjusted in accordance with the procedure set 
    forth in Sec. 345.118.
        (c) Form of claim. A claim for refund shall be directed to the 
    Chief Financial Officer and shall set forth all grounds in detail and 
    all facts alleged in support of the claim, including the amount and 
    date of each payment to the Board of the contribution to the Board, and 
    the period covered by the contribution report on which such 
    contribution was reported.
        (d) Claim by fiduciary. If an executor, administrator, guardian, 
    trustee, or receiver files a claim for refund, evidence to establish 
    the legal authority of the fiduciary shall be annexed to the claim 
    filed by such fiduciary under this section.
        (e) Time limit. No refund shall be allowed after the expiration of 
    three years from the time the contribution report was required to be 
    filed or two years from the time the contribution was paid, whichever 
    of such periods expires the later, or if no contribution report was 
    filed, two years from the time the contribution was paid.
        (f) Interest. Interest shall be payable on any contribution 
    refunded at the overpayment rate provided for in section 6621 of the 
    Internal Revenue Code of 1986 from the date of the overpayment to a 
    date preceding the date of the refund check by not more than 30 days.
        (g) Refunds reduced by underpayments. Any overpayment claimed or a 
    refund under this section shall be reduced by the amount of any amount 
    of any contributions previously assessed under Sec. 345.120 of this 
    part, which has not already been collected.
    
    
    Sec. 345.120  Assessment and collection of contributions or 
    underpayments of contributions.
    
        (a) If any employer's contribution is not paid to the Board when 
    due or is not paid in full when due, the Board may, as the 
    circumstances warrant, assess the contribution or the deficiency and 
    any interest or penalty applicable under this part (whether or not the 
    deficiency is adjustable as an underpayment under Sec. 345.118 of this 
    part).
        (b) The amount of any such assessment will be collected in 
    accordance with the applicable provisions of law. If any employer 
    liable to pay any contribution neglects or refuses to pay the same 
    within ten days after notice and demand, the Board may collect such 
    contribution with such interest and other additional amounts as are 
    required by law, by levy, by administrative offset as authorized by 31 
    U.S.C. 3716 and in accordance with the procedures set forth in part 367 
    of this chapter, or by a proceeding in court, but only if the levy is 
    made or proceeding begun:
        (1) Within 10 years after assessment of the contribution; or
        (2) Prior to the expiration of any period, including extension 
    thereof, for collection agreed upon by the Chief Financial Officer and 
    the employer.
        (c) All provisions of law, including penalties, applicable with 
    respect to any tax imposed by the provisions of the Railroad Retirement 
    Tax Act and the regulations thereunder, insofar as not inconsistent 
    with the provisions in this part, shall be applicable with respect to 
    the assessment and collection of contributions under this part.
    
    
    Sec. 345.121  Jeopardy assessment.
    
        (a) Whenever in the opinion of the Board it becomes necessary to 
    protect the interests of the Government by effecting an immediate 
    reporting and collection of an employer's contribution, the Board will 
    assess the contribution whether or not the time otherwise prescribed by 
    law for filing the contribution report and paying such contribution has 
    expired, together with all penalties and interest thereon. Upon 
    assessment, such contribution, and any penalty, and interest provided 
    for under this part shall be immediately due and payable, and the Board 
    shall thereupon issue immediately a notice and demand for payment of 
    the contribution, penalty, and interest.
        (b) The collection of the whole or any part of the amount of the 
    jeopardy assessment may be stayed by filing with the Board a bond in an 
    amount equal to the amount with respect to which the stay is desired, 
    and with such sureties as the Board may deem necessary. Such bond shall 
    be conditioned upon the payment of the amount (together with interest 
    and any penalties thereon) the collection of which is stayed, at the 
    time at which, but for the jeopardy assessment, such amount would be 
    due. In lieu of surety or sureties the employer may deposit with the 
    Board bonds or notes of the United States, or bonds or notes fully 
    guaranteed by the United States as to principal and interest, having a 
    par value not less than the amount of the bond required to be 
    furnished, together with an agreement authorizing the Board in case of 
    default to collect or sell such bonds or notes so deposited.
    
    
    Sec. 345.122  Interest.
    
        (a) Rate. If the employer's contribution is not paid to the Board
    
    [[Page 20076]]
    
    when due and is not adjusted under Sec. 345.118 of this part, interest 
    accrues at the rate of 1 percent per month, or fraction of a month. 
    Interest on past due contributions from the due date thereof until the 
    date paid will be assessed after payment of the contributions, and 
    notice and demand made upon the employer for payment thereof, in any 
    case in which payment of the contribution is made before assessment 
    under Sec. 345.120.
        (b) Waiver of interest. The Chief Financial Officer may waive, in 
    whole or in part, any interest imposed by paragraph (a) of this section 
    if in his or her judgment--
        (1) There was a reasonable cause and not willful neglect for the 
    late filing, late payment or underpayment, such as: the serious illness 
    or death of an individual with the sole authority to execute the return 
    and payment; fire, casualty, or natural disaster at the place where the 
    railroad unemployment insurance records are kept; or reasons outside 
    the employer's control, such as, the failure of the employer's bank to 
    comply with the employer's filing and payment instructions;
        (2) The amount of interest attributed to the delinquency is totally 
    disproportionate to the period of the delay and the amount of 
    contributions paid; and
        (3) The employer's past record for timely compliance with railroad 
    unemployment insurance reporting and payment requirements warrants such 
    action considering such factors as the number and extent of delays 
    associated with late reports, payments, and underpayments.
    
    
    Sec. 345.123  Penalty for delinquent or false contribution reports.
    
        (a) Delinquent reports. Unless waived under paragraph (b) of this 
    section, the failure to file a contribution report on or before the due 
    date shall cause a penalty to accrue of five percent of the amount of 
    such contribution if the failure is for not more than one month, with 
    an additional five percent for each additional month or fraction 
    thereof during which such failure continues, not exceeding 25 percent 
    in the aggregate.
        (b) Waiver of penalty. The Chief Financial Officer may waive all or 
    a portion of the penalty imposed under paragraph (a) of this section 
    consistent with the criteria applicable to waiver of interest as 
    provided for in Sec. 345.122(b) of this part.
        (c) Penalty on net amount. For the purpose of paragraph (a) of this 
    section the amount of contribution required to be shown on Form DC-1 
    shall be reduced by the amount of any part of the contribution that is 
    paid on or before the date prescribed for the payment of the 
    contribution and by the amount of any credit against the contribution 
    that may be claimed upon the DC-1.
        (d) False reports. If a fraudulent contribution report is made, a 
    penalty equal to 50 percent of the amount of any underpayment shall be 
    imposed on the employer.
    
    
    Sec. 345.124  Right to appeal.
    
        (a) Except as otherwise provided, an employer may seek 
    administrative review of any determination with respect to any 
    contribution, interest, or penalty made under this part by filing a 
    request for reconsideration with the Chief Financial Officer within 30 
    days after the mailing of notice of such determination. An employer 
    shall have a right to appeal to the Board from any reconsideration 
    decision under this section by filing notice of appeal to the Secretary 
    to the Board within 14 days after the mailing of the decision on 
    reconsideration. Upon receipt of a notice of an appeal the Board may 
    designate one of its officers or employees to receive evidence and 
    report to the Board under the procedures set forth in part 319 of this 
    chapter.
        (b) Request for reconsideration. Any appeal filed under this part 
    shall not relieve the employer from filing any reports or paying any 
    contribution required under this part nor stay the collection thereof. 
    Upon the request of an employer, the Board may relieve the employer of 
    any obligation required under this part pending an appeal. Unless 
    specifically provided by the Board, such relief shall not stay the 
    accrual of interest on any disputed amount as provided for in 
    Sec. 345.122 of this part.
    
    
    Sec. 345.125  Records.
    
        Every employer subject to the payment of contributions for any 
    calendar quarter shall, with respect to each such quarter, keep such 
    permanent records as are necessary to establish the total amount of 
    compensation payable to its employees, for a period of at least five 
    calendar years after the date the contribution report to which the 
    compensation relates was required to be filed, or the date the 
    contribution is paid, whichever is later. The record should be in such 
    form as to contain the information required to be shown on the 
    quarterly contribution report. All records required by the regulations 
    in this part shall be kept at a safe and convenient location accessible 
    to inspection by the Board or any of its officers or employees, or by 
    the Inspector General of the Railroad Retirement Board. Such records 
    shall be at all times open for inspection by such officers or 
    employees.
    
    (Approved by the Office of Management and Budget under control 
    number 3220-0012)
    
    
    Sec. 345.126  Liens.
    
        If any employer, after demand, neglects or refuses to pay a 
    contribution required under this part, the amount of such contribution 
    (including any interest, penalties, additional amount, or additions to 
    such contribution, together with any costs that may accrue in addition 
    thereto) shall be a lien in favor of the United States upon all 
    property and rights to property, whether real or personal, belonging to 
    such employer.
    
    Subpart C--Individual Employer Records
    
    
    Sec. 345.201  Individual employer record defined.
    
        Effective January 1, 1990, the Board will establish and maintain a 
    record, hereinafter known as an Individual Employer Record, for each 
    employer subject to this part. As used in this subpart, ``Individual 
    Employer Record'' means a record of each employer's benefit ratio; 
    reserve ratio; 1-year compensation base; 3-year compensation base; 
    unallocated charge; reserve balance; net cumulative contribution 
    balance; and cumulative benefit balance. See Sec. 345.302 of this part 
    for a definition of these terms. Whenever a new employer begins paying 
    compensation with respect to which contributions are payable under this 
    part, the Board will establish and maintain an individual employer 
    record for such employer.
    
    
    Sec. 345.202  Consolidated employer records.
    
        (a) Establishing a consolidated employer record. Two or more 
    employers that are under common ownership or control may request the 
    Board to consolidate their individual employer records into a joint 
    individual employer record. Such joint individual employer record shall 
    be treated as though it were a single employer record. A request for 
    such consolidation shall be made to the Director of Unemployment and 
    Sickness Insurance, and such consolidation shall be effective 
    commencing with the calendar year following the year of the request.
        (b) Discontinuance of a consolidated employer record. Two or more 
    employers that have established and maintained a consolidated employer 
    record will be permitted to discontinue such consolidated record only 
    if the
    
    [[Page 20077]]
    
    individual employers agree to an allocation of the consolidated 
    employer record and such allocation is approved by the Director of 
    Unemployment and Sickness Insurance.
    
    
    Sec. 345.203  Merger or combination of employers.
    
        In the event of a merger or combination of two or more employers, 
    or an employer and non-employer, the individual employer record of the 
    employer surviving the merger (or any person that becomes an employer 
    as the result of the merger or combination) shall consist of the 
    combination of the individual employer records of the entities 
    participating in the merger.
    
    
    Sec. 345.204  Sale or transfer of assets.
    
        (a) In the event property of an employer is sold or transferred to 
    another employer (or to a person that becomes an employer as the result 
    of the sale or transfer) or is partitioned among two or more employers 
    or persons, the individual employer record of such employer shall be 
    prorated among the employer or employers that receive the property 
    (including any person that becomes an employer by reason of such 
    transaction or partition), in accordance with any agreement among the 
    respective parties (including an agreement that there shall be no 
    proration of the employer record). Such agreement shall be subject to 
    the approval of the Board.
        (b) There shall be no transfer of the employer record where an 
    employer abandons a line of track in accordance with the provisions of 
    the Interstate Commerce Act and the applicable regulations thereunder, 
    and a new entity, found by the Board to be an ``employer'' under part 
    301 of this chapter, is formed to operate or continue service over such 
    line; the Board will assign to such entity a new-employer contribution 
    rate in accordance with section 8(a)(1)(D) of the RUIA and Sec. 345.304 
    of this part.
    
    
    Sec. 345.205  Reincorporation.
    
        The cumulative benefit balance, net cumulative contribution 
    balance, 1-year compensation base, and 3-year compensation base of an 
    employer that reincorporates or otherwise alters its corporate identity 
    in a transaction not involving a merger, consolidation, or unification 
    will attach to the reincorporated or altered identity.
    
    
    Sec. 345.206  Abandonment.
    
        If an employer abandons property or discontinues service but 
    continues to operate as an employer, the employer's individual employer 
    record shall continue to be calculated as provided in this subpart 
    without retroactive adjustment.
    
    
    Sec. 345.207  Defunct employer.
    
        If the Board determines that an employer has permanently ceased to 
    pay compensation with respect to which contributions are payable under 
    this part, the Board will, on the date of such determination, transfer 
    the employer's net cumulative contribution balance as a subtraction 
    from, and the cumulative benefit balance as an addition to, the system 
    unallocated charge balance and will cancel all other accumulations of 
    the employer. The Board's determination that an employer is defunct 
    will be based on evidence indicating that the employer has ceased all 
    operations as an employer and has terminated its status as an employer. 
    In making its determination, the Board will consider evidence as 
    described in part 202 of this chapter with respect to termination of 
    employer status under the Railroad Retirement Act. Mere failure of an 
    employer to pay contributions due under this part does not indicate 
    that such employer is defunct.
    
    
    Sec. 345.208  System records.
    
        Effective January 1, 1990, the Board will establish and maintain 
    records necessary to determine pooled charges, pooled credits, and 
    unallocated charges for the experience rating system and will publish a 
    notice with respect thereto no later than October 15 of each year. See 
    Sec. 345.302 of this part for the definition of these terms.
    
    Subpart D--Contribution Rates
    
    
    Sec. 345.301  Introduction.
    
        (a) General. Effective January 1, 1993, each employer that is 
    subject to this part will have an experience-rated rate of contribution 
    computed as set forth in Sec. 345.303 of this part. A transitional rate 
    of contribution applies to each such employer for 1991 and 1992, in 
    accordance with section 8(a)(1)(B) of the RUIA. An employer that first 
    becomes subject to section 8 of the RUIA after December 31, 1989 will 
    have a ``new-employer'' contribution rate as computed in Sec. 345.304 
    of this part. An employer's experience-rated contribution rate will be 
    not less than 0.65 percent nor more than 12.5 percent. Not later than 
    October 15 of each year, the Board will notify each employer of its 
    experience-rated contribution rate for the following calendar year.
        (b) Components of an experience-rated contribution rate. An 
    employer's experience-rated contribution rate for each calendar year 
    beginning with 1993 will be based upon the following charges:
        (1) An allocated charge based upon the amount of benefits paid to 
    employees of such employer; this charge is explained in subpart E of 
    this part;
        (2) An unallocated charge based upon a proportionate share of the 
    system unallocated charge balance, the computation of which is 
    explained in Sec. 345.302(p) of this part;
        (3) A pooled charge, also referred to as risk-sharing, to cover the 
    cost of benefit payments that are chargeable to a base year employer 
    but are not captured by the contribution rate assigned to such employer 
    because it is paying contributions at the maximum rate of contribution; 
    the formula for computing the pooled charge is set forth in 
    Sec. 345.302(j) of this part;
        (4) A surcharge of 1.5, 2.5, or 3.5 percent, or a pooled credit, 
    depending on the balance to the credit of the Account as of June 30 of 
    a given year; and
        (5) An addition of 0.65 percent to the rate of contribution to 
    cover the expenses incurred by the Board in administering the RUIA.
        (c) Maximum rate of contribution. Notwithstanding any provision of 
    this part, an employer's contribution rate for any calendar year shall 
    be limited to 12 percent, except when a surcharge of 3.5 percent is in 
    effect with respect to that calendar year. If a 3.5 percent surcharge 
    is in effect, the maximum contribution limit with respect to that 
    calendar year is 12.5 percent. The surcharge rate for a calendar year 
    will be 3.5 percent when the balance to the credit of the Account is 
    less than zero. The Board will compute the surcharge rate in accordance 
    with Sec. 345.302(n) of this part.
    
    
    Sec. 345.302  Definition of terms and phrases used in experience-
    rating.
    
        (a) Account. The Railroad Unemployment Insurance Account 
    established by section 10 of the Railroad Unemployment Insurance Act 
    (RUIA) and maintained by the Secretary of the Treasury in the 
    unemployment trust fund established pursuant to section 904 of the 
    Social Security Act. Benefits paid under the RUIA for an employee's 
    days of unemployment or days of sickness are paid from this Account.
        (b) Benefit ratio. This ratio is computed for each employer as of 
    any given June 30 by dividing all benefits charged to the employer 
    under subpart E of this part during the 12 calendar quarters ending on 
    such June 30 by the employer's three-year compensation base as of such 
    June 30, as computed under paragraph (q) of this section. The
    
    [[Page 20078]]
    
    ratio is computed to four decimal places.
        (c) Benefits. Benefits are money payments paid or payable by the 
    Board to a qualified employee with respect to his or her days of 
    unemployment or days of sickness, as provided by the RUIA.
        (d) Compensation. This term has the meaning given in part 302 of 
    this chapter.
        (e) Contributions. Contributions are the money payments paid or 
    payable by an employer subject to this part with respect to the 
    compensation paid or payable to employees of such employer.
        (f) Cumulative benefit balance. An employer's cumulative benefit 
    balance as of any given June 30 is determined by adding:
        (1) The net amount of the benefits charged to the employer under 
    subpart E on or after January 1, 1990, and
        (2) The cumulative amount of the employer's unallocated charges on 
    and after January 1, 1990, as computed under paragraph (r) of this 
    section.
        (g) Fund. The Railroad Unemployment Insurance Administration Fund 
    established by section 11 of the RUIA and maintained by the Secretary 
    of the Treasury in the unemployment trust fund established pursuant to 
    section 904 of the Social Security Act. The costs incurred by the Board 
    in administering the RUIA are paid from the Fund.
        (h) Net cumulative contribution balance. The Board will determine 
    an employer's net cumulative contribution balance as of any given June 
    30, as follows:
        (1) Step 1. Compute the sum of all contributions paid by the 
    employer pursuant to this part after December 31, 1989; add that 
    portion of the tax, if any, imposed under 26 U.S.C. 3321(a) that is 
    attributable to the surtax rate under section 7106(b) of the Railroad 
    Unemployment Insurance and Retirement Improvement Act of 1988 (Pub. L. 
    100-647) and any repayment taxes paid by the employer pursuant to 26 
    U.S.C. 3321(a) after the outstanding balance of loans made under 
    section 10(d) of the RUIA before October 1, 1985, plus interest, has 
    been paid;
        (2) Step 2. Subtract an amount equal to the amount of such 
    contributions deposited, pursuant to section 8(i) of the RUIA, to the 
    credit of the Fund; and
        (3) Step 3. Add an amount equal to the aggregate amount by which 
    such contributions were reduced in prior calendar years as a result of 
    pooled credits, if any, under paragraph (k) of this section.
        (i) One-year compensation base. An employer's one-year compensation 
    base is the aggregate amount of compensation with respect to which the 
    employer is liable for contributions under this part in the four 
    calendar quarters ending on such June 30.
        (j) Pooled charge ratio. The pooled charge ratio, when applicable, 
    is a pro-rata increase in the rate of contribution assigned to each 
    employer that is not already paying contributions at the maximum rate. 
    A pooled charge will become applicable to each such employer during a 
    calendar year when the Account loses income because one or more other 
    employers are paying contributions at the maximum rate (12 or 12.5 
    percent) rather than at the higher experience-based rate that their 
    benefit charges would otherwise require. The pooled charge ratio thus 
    picks up the cost of benefits paid to employees of employers whose rate 
    of contribution is capped at the maximum rate. The pooled charge ratio 
    for a calendar year is the same for all employers whose rate is less 
    than the maximum and is computed as follows:
        (1) Step 1. For each employer paying contributions at the maximum 
    contribution limit under Sec. 345.301(c) of this part, compute the 
    amount of contributions that such employer would have paid if its 
    experience-based rate were applied to its one-year compensation base as 
    of the preceding June 30 and by then deducting from such amount the 
    amount derived by applying the maximum contribution rate to the same 
    one-year compensation base. For the purposes of this computation, the 
    experience-based rate is the rate computed for such employer under 
    Sec. 345.303 of this part.
        (2) Step 2. After the amount is computed for each employer in 
    accordance with Step 1 of this paragraph (j), add the amounts for all 
    such employers. The aggregate amount so computed represents the amount 
    of contributions not collected by the Account because of the maximum 
    contribution limit.
        (3) Step 3. For each employer whose experience-based rate of 
    contribution, as computed at Step 3 of Sec. 345.303(a) of this part, is 
    less than zero, the percentage rate by which the employer's rate was 
    raised in order to bring that rate to the minimum rate of zero is 
    multiplied by the employer's 1-year compensation base. The total of the 
    amounts so computed is subtracted from the aggregate amount computed in 
    Step 2 of this paragraph (j).
        (4) Step 4. Divide the net aggregate amount computed at Step 3 of 
    this paragraph (j) by the system compensation base as of the preceding 
    June 30, excluding from such base the one-year compensation base of 
    each employer whose experience-based contribution rate, computed at 
    Step 6 of Sec. 345.303(a) of this part, exceeds the maximum 
    contribution limit. The result is the pooled charge ratio for the 
    current calendar year. This ratio is computed to four decimal places.
        (k) Pooled credit ratio. Effective January 1, 1991, and on the 
    first of each subsequent calendar year, the Board will reduce each 
    employer's rate of contribution, as computed under Sec. 345.303 of this 
    part, by the amount of the pooled credit ratio, if any, applicable to 
    such calendar year. This ratio is computed by reference to the accrual 
    balance to the credit of the Account as of the preceding June 30. The 
    Board will determine the amount of the pooled credit ratio, as follows:
        (1) Step 1. First, the Board computes the accrual balance to the 
    credit of the Account as of the close of business on the preceding June 
    30 in the same manner as under Step 1 of paragraph (n) of this section. 
    There will be a pooled credit ratio for the calendar year if that 
    balance is in excess of the greater of $250 million or of the amount 
    that bears the same ratio to $250 million as the system compensation 
    base as of that June 30 bears to the system compensation base as of 
    June 30, 1991, as computed in accordance with paragraph (o) of this 
    section.
        (2) Step 2. If there is such an excess amount, divide that excess 
    amount by the system compensation base as of the June 30 preceding the 
    calendar year. The result is the pooled credit ratio applicable to each 
    employer for the calendar year involved in the computation. This ratio 
    is computed to four decimal places.
        (l) Reserve balance. An employer's reserve balance is computed as 
    of any given June 30 by subtracting its cumulative benefit balance as 
    of such June 30 from its net cumulative contribution balance as of such 
    June 30. An employer's net cumulative benefit balance is computed under 
    paragraph (f) of this section and its net cumulative contribution 
    balance under paragraph (h) of this section. An employer's reserve 
    balance may be either positive or negative, depending upon whether its 
    net cumulative contribution balance exceeds its cumulative benefit 
    balance.
        (m) Reserve ratio. This ratio is computed for each employer as of 
    any given June 30 by dividing its reserve balance as of June 30 by its 
    one-year compensation base as of such June 30. An employer's reserve 
    balance is computed under paragraph (l) of this section and its one-
    year compensation base under paragraph (i) of this section.
    
    [[Page 20079]]
    
    This ratio is computed to four decimal places; it may be either a 
    positive or negative figure, depending on whether the employer's 
    reserve balance is a positive or negative figure.
        (n) Surcharge rate. Effective January 1, 1991, and on the first of 
    each subsequent calendar year, the Board will add to each employer's 
    rate of contribution, as computed under Sec. 345.303 of this part, a 
    surcharge rate of 1.5, 2.5, or 3.5 percent if the accrual balance to 
    the credit of the Account, as of the preceding June 30, falls within 
    the range of balances set forth in Steps 1 and 2 of this paragraph (n). 
    The Board will determine which surcharge rate, if any, is in effect for 
    a calendar year by means of the following computation:
        (1) Step 1. First, the Board computes the accrual balance to the 
    credit of the Account as of the close of business on the preceding June 
    30. Such balance will include any amounts in the Account attributable 
    to loans made under section 10(d) of the Act before October 1, 1985, 
    but not the obligation of the Account to repay such loans with 
    interest. For this purpose, the Account will be deemed to include any 
    balance to the credit of the Fund that exceeds $6 million. The 
    surcharge rate, as specified in Step 2 of this paragraph (n), will 
    apply if that balance is less than the greater of $100 million or of 
    the amount that bears the same ratio to $100 million as the system 
    compensation base as of that June 30 bears to the system compensation 
    base as of June 30, 1991, as computed in accordance with paragraph (o) 
    of this section.
        (2) Step 2. If the balance to the credit of the Account is less 
    than the greater of the amounts referred to in the last sentence of 
    Step 1 of this paragraph (n), but is equal to or more than the greater 
    of $50 million or of the amount that bears the same ratio to $50 
    million as the system compensation base as of that June 30 bears to the 
    system compensation base as of June 30, 1991, then the surcharge rate 
    for the calendar year shall be 1.5 percent. If the balance to the 
    credit of the Account is less than the greater of the amounts referred 
    to in this Step 2, but greater than or equal to zero, then the 
    surcharge rate for the calendar year shall be 2.5 percent. If the 
    balance to the credit of the Account is less than zero, the surcharge 
    rate for the calendar year shall be 3.5 percent.
        (o) System compensation base. The system compensation base as of 
    June 30 of each year is the total of the amounts of the one-year 
    compensation bases of all base year employers, computed in accordance 
    with paragraph (i) of this section. Not later than October 15 of each 
    year, the Board will compute the amount of the system compensation base 
    and will publish notice of such amount in the Federal Register as soon 
    as practicable thereafter.
        (p) System unallocated charge balance. This balance, as computed 
    initially for the period January 1 through June 30, 1990 and updated as 
    of June 30 of each subsequent calendar year, represents the net amount 
    of expenditures from, and income to, the Account that cannot be 
    allocated as benefit charges, or adjustments, to the cumulative benefit 
    balances of individual base year employers. The Board computes this 
    balance, as of June 30 of each year, as follows:
        (1) Step 1. Compute the aggregate amount of all interest paid by 
    the Account on loans from the Railroad Retirement Account after 
    September 30, 1985, pursuant to section 10(d) of the RUIA, during the 
    12-month period ending on June 30;
        (2) Step 2. Add the amount of unemployment benefits paid by reason 
    of strikes or work stoppages growing out of labor disputes and the 
    cumulative benefit balance of any defunct employer;
        (3) Step 3. Add the aggregate amount of any other benefit payment 
    that is not chargeable to a base year employer pursuant to subpart E of 
    this part and any other expenditure not chargeable to the Fund;
        (4) Step 4. Subtract the aggregate amount of income to the Account 
    received as a proportionate part of the earnings of the unemployment 
    trust fund, computed in accordance with section 904(e) of the Social 
    Security Act, and all income to the Account received as fines or 
    penalties collected under the RUIA;
        (5) Step 5. Subtract the aggregate amount of all transfers from the 
    Fund to the Account pursuant to section 11(d) of the RUIA;
        (6) Step 6. Subtract the aggregate amount of any other cash receipt 
    to the Account that cannot be treated as an adjustment to the benefit 
    charges of a base year employer;
        (7) Step 7. Subtract the net cumulative contribution balance of any 
    defunct employer, calculated as of the date on which the Board 
    determines that such employer is defunct. After the Board has computed 
    the amount of the system unallocated charge balance as of June 30 of 
    each year, the Board will publish notice of such amount in the Federal 
    Register on or before October 15 of such year.
        (q) Three-year compensation base. An employer's three-year 
    compensation base as of any given June 30 is the aggregate amount of 
    compensation with respect to which the employer is liable for 
    contributions under this part in the 12 calendar quarters ending on 
    such June 30.
        (r) Unallocated charge. An employer's unallocated charge as of any 
    given June 30 is the amount that, as of such June 30, bears the same 
    ratio to the system unallocated charge balance as the employer's 1-year 
    compensation base bears to the system compensation base. The system 
    unallocated charge balance is computed under paragraph (p) of this 
    section and the system compensation base under paragraph (o) of this 
    section.
    
    
    Sec. 345.303  Computation of rate.
    
        (a) With respect to compensation in a calendar year that begins 
    after December 31, 1992, the Board will compute, by October 15, 1992, 
    and by October 15 of each subsequent year, a contribution rate for each 
    employer (other than a new employer) in accordance with the following 
    8-step process:
        (1) Step 1. Compute the employer's benefit ratio as of the 
    preceding June 30;
        (2) Step 2. Compute the employer's reserve ratio as of the 
    preceding June 30 and subtract it from the benefit ratio;
        (3) Step 3. Subtract the pooled credit ratio (if any) for the 
    calendar year;
        (4) Step 4. Multiply the Step 3 result by 100, in order to obtain a 
    percentage rate, and then round such rate to the nearest 100th of one 
    percent. If the rate so computed is zero or less than zero, the 
    percentage rate will be deemed zero at this point;
        (5) Step 5. Add 0.65 (the administrative charge) to the percentage 
    rate computed through Step 4.
        (6) Step 6. Add the surcharge rate (if any) for the calendar year;
        (7) Step 7. Add the pooled charge ratio (if any) for the calendar 
    year, as computed to four decimal places and multiplied by 100;
        (8) Step 8. If the rate computed through Step 7 is greater than 12 
    percent (or 12.5 percent if a surcharge of 3.5 percent is in effect for 
    the calendar year), reduce the percentage rate so computed to 12 
    percent or 12.5 percent, if appropriate.
        (b) The percentage rate computed under paragraph (a) of this 
    section is the employer's rate of contribution for the calendar year in 
    question.
        (c)(1) Any computation that is to be made under this section on the 
    basis of a 12-quarter period ending on a given June 30 shall be made on 
    the basis of a period beginning on January 1, 1990, or on the first day 
    of the first calendar quarter that begins after the date on which the 
    employer first began to pay compensation subject to this part, or on 
    July 1 of the third calendar year
    
    [[Page 20080]]
    
    preceding that June 30, whichever date is later, and ending on that 
    June 30.
        (2) The amount computed under paragraph (c)(1) of this section 
    shall be increased to an amount that bears the same ratio to the amount 
    so computed as 12 bears to the number of calendar quarters on which the 
    computation is based.
    
    
    Sec. 345.304  New-employer contribution rates.
    
        (a) An employer whose coverage under the RUIA becomes effective 
    after December 31, 1989, is considered a ``new employer'' for the 
    purposes of this part and will be assigned a contribution rate as 
    computed under this section. The Board shall determine where an 
    employer is a new employer and, if so, the effective date of its 
    coverage under the RUIA and its rate of contribution with respect to 
    compensation paid to employees on and after such effective date.
        (b) Initial contribution rate. The rate of contribution with 
    respect to compensation paid in calendar months before the end of the 
    first full calendar year that the employer is subject to this section 
    shall be the average contribution rate paid by all employers during the 
    three calendar years preceding the calendar year before the calendar 
    year in which the compensation is paid. The Board will compute the 
    average contribution rate by dividing the aggregate contributions paid 
    by all employers during those three calendar years by the aggregate 
    compensation with respect to which such contributions were paid and by 
    then multiplying the resulting ratio, as computed to four decimal 
    points, by 100.
        (c) Second contribution rate. The rate of contribution with respect 
    to compensation paid in months in the second full calendar year shall 
    be the smaller of the maximum contribution limit under the RUIA or the 
    percentage rate computed as follows:
    [GRAPHIC] [TIFF OMITTED] TR03MY96.047
    
        (d) Third contribution rate. The rate of contribution with respect 
    to compensation paid in months in the third full calendar year shall be 
    the smaller of the maximum contribution limit under the RUIA or the 
    percentage rate computed as follows:
    [GRAPHIC] [TIFF OMITTED] TR03MY96.048
    
        (e) Subsequent calendar years. The rate of contribution with 
    respect to months after the third full calendar year shall be 
    determined under Sec. 345.303 of this part.
        (f) Meaning of symbols. For the purpose of the formulas in 
    paragraphs (c) and (d) of this section, ``R'' is the applicable 
    contribution rate being computed; ``A2'' is the contribution rate that 
    would have been determined under paragraph (b) of this section if the 
    employer's second calendar year had been its first full calendar year; 
    ``A3'' is the contribution rate that would have been determined under 
    paragraph (b) of this section, if the employer's third calendar year 
    had been such employer's first full calendar year; ``B'' is the 
    contribution rate for the employer as determined under Sec. 345.303 of 
    this part for the employer's second full calendar year; and ``C'' is 
    the contribution rate for the employer as determined under Sec. 345.303 
    of this part for the employer's third full calendar year.
        (g) Special rule for certain computations. For purposes of 
    computing ``B'' and ``C'' in the formulas in this section, the 
    percentage rate computed under Sec. 345.303 shall not be reduced under 
    Step 8 of that section; and any computations that, under Sec. 345.303, 
    are to be made on the basis of a 4-quarter or 12-quarter period ending 
    on a given June 30 shall be made on the basis of a period commencing 
    with the first day of the first calendar quarter that begins after the 
    date on which the employer first began paying compensation subject to 
    this part and ending on that June 30, and the amount so computed shall 
    be increased to an amount that bears the same ratio to the amount so 
    computed as four or twelve, as appropriate, bears to the number of 
    calendar quarters in the period on which the computation was based.
    
    
    Sec. 345.305  Notification and proclamations.
    
        (a) Quarterly notifications to employers. Not later than the last 
    day of any calendar quarter that begins after March 31, 1990, the Board 
    will notify each employer of its cumulative benefit balance and its net 
    cumulative contribution balance as of the end of the preceding calendar 
    quarter, as computed in accordance with Sec. 345.302(f) and (h) of this 
    part as of the last day of such preceding calendar quarter rather than 
    as of a given June 30 if such last day is not a June 30.
        (b) Annual notifications to employers. Not later than October 15, 
    1990, and October 15 of each year thereafter, the Board will notify 
    each employer of its benefit ratio, reserve ratio, one-year 
    compensation base, three-year compensation base, unallocated charge, 
    and reserve balance as of the preceding June 30, as computed in 
    accordance with this part, and of the contribution rate applicable to 
    the employer for the following calendar year as computed under the 
    applicable section of this part.
        (c) Proclamations. Not later than October 15, 1990, and October 15 
    of each year thereafter, the Board shall proclaim--
        (1) The balance to the credit of the Account as of the preceding 
    June 30 for purposes of computing the pooled credit ratio and the 
    surcharge rate of contribution;
        (2) The balance of any advances to the Account under section 10(d) 
    of the RUIA after September 30, 1985, that has not been repaid with 
    interest as provided in such section as of September 30 of that year;
        (3) The system compensation base as of that June 30;
        (4) The system unallocated charge balance as of that June 30; and
        (5) The pooled credit ratio, the pooled charge ratio, and the 
    surcharge rate of contribution, if any, applicable in the following 
    calendar year.
        (d) Publication and notice. As soon as practical after the Board 
    has determined and proclaimed the amounts specified in paragraph (c) of 
    this section, the Board will publish notice of such amounts in the 
    Federal Register. The notifications to employers under paragraphs (a) 
    and (b) of this section will be sent to the employer official 
    designated to receive them.
    
    
    Sec. 345.306  Availability of information.
    
        Upon request of an employer subject to this part, the Board will 
    make available to such employer any information that is necessary to 
    verify the accuracy of its rate of contribution, as determined by the 
    Board, including information necessary to verify the accuracy of the 
    data maintained by the Board in the employer's individual employer 
    record.
    
    
    Sec. 345.307  Rate protest.
    
        (a) Request for reconsideration. An employer may appeal a 
    determination of a contribution rate computed under this part by filing 
    a request for reconsideration with the Director of Unemployment and 
    Sickness Insurance within 90 days after the date on which the Board 
    notified the employer of its rate of contribution for the next ensuing 
    calendar year. Within 45 days of the receipt of a request for 
    reconsideration the Director shall issue a decision on the protest.
        (b) Appeal to the Board. An employer aggrieved by the decision of 
    the Director of Unemployment and Sickness Insurance under paragraph (a) 
    of this section may appeal to the Board. Such
    
    [[Page 20081]]
    
    appeal shall be filed with the Secretary to the Board within 30 days 
    after the date on which the Director notified the employer of the 
    decision on reconsideration. The Board may decide such appeal without a 
    hearing or, in its discretion, may refer the matter to a hearings 
    officer pursuant to part 319 of this chapter.
        (c) Decision of the Board final. Subject to judicial review 
    provided for in section 5(f) of the RUIA, the decision of the Board 
    under paragraph (b) of this section is final with respect to all issues 
    determined therein.
        (d) Waiver of time limits. A request for reconsideration or appeal 
    under this section shall be forfeited if the request or appeal is not 
    filed within the time prescribed, unless reasonable cause, as defined 
    in this part, for failure to file timely is shown.
        (e) Rate pending review. Pending review of the protested rate, the 
    employer shall continue to pay contributions at such rate. Any 
    adjustment in the contributions paid at such rate as the result of an 
    appeal shall be in accordance with Sec. 345.118 of this part.
    
    Subpart E--Benefit Charging
    
    
    Sec. 345.401   General rule.
    
        Effective January 1, 1990, all benefits paid to an employee for his 
    or her days of unemployment or days of sickness will be charged to the 
    base year employer of such employee, except as hereinafter provided in 
    this part. The Board will make the charge by adding the gross amount of 
    the benefits payable to an employee on the basis of a claim for 
    benefits to that employee's base year employer's cumulative benefit 
    balance. The benefit charge does not depend on whether the employee 
    receiving the benefit payment is a current employee of the base year 
    employer.
    
    
    Sec. 345.402   Strikes or work stoppages.
    
        If benefits are payable to an employee for days of unemployment 
    resulting from a strike or work stoppage growing out of a labor 
    dispute, the Board will charge the benefit payment to the system 
    unallocated charge balance, not to the cumulative benefit balance of 
    the employee's base year employer. For the purposes of this section, 
    the phrase ``strike or work stoppage growing out of a labor dispute'' 
    does not include an employee's protected refusal to work under section 
    212(b) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441(b)).
    
    
    Sec. 345.403   Multiple base year employers.
    
        (a) General rules for benefit charging. All benefits paid to an 
    employee who had more than one base year employer shall be charged to 
    the cumulative benefit balances of such employers, as follows:
        (1) If the employer at the time of the claim is the same as the 
    last employer in the base year, benefits will be charged in reverse 
    chronological order, but the amount charged to each base year employer 
    shall not exceed the amount of compensation paid by such employer to 
    the employee in the base year;
        (2) In all other cases, benefits will be charged in the same ratio 
    as the compensation paid to such employee by the employer bears to the 
    total of such compensation paid to such employee by all such employers 
    in the base year; benefit charging in accordance with this method shall 
    apply whether the base year employment was with successive employers or 
    with concurrent employers.
        (b) Excess benefit payments. If, in applying the rule in paragraph 
    (a)(1) of this section, there remain benefit payments, in whole or in 
    part, that cannot be charged to any base year employer, the amount of 
    benefits paid in excess of those chargeable under paragraph (a)(1) 
    shall be charged to the system unallocated charge balance.
        (c) Board records as basis for charging multiple base year 
    employers. Where an employee has more than one base year employer, the 
    Board will use records compiled on the basis of employer reports filed 
    under Sec. 345.110 of this part for the purpose of determining whether 
    the employer at the time of the claim for benefits is the last employer 
    in the base year and for other purposes related to benefit charging 
    under this subpart. If, in a particular case, such records do not 
    contain all the data necessary to determine the charge, the Board will 
    request the necessary data from the base year employers who may be 
    liable for the charge.
    
    
    Sec. 345.404   Adjustments.
    
        (a) Recovery of benefits charged to base year employer. Where the 
    Board recovers a benefit payment that it had previously charged, in 
    whole or in part, to one or more base year employers, the Board will 
    subtract the amount of the recovery from the cumulative benefit 
    balances of the employers of the employee to whom such amount was paid 
    as a benefit in proportion to the amount by which each such employer's 
    cumulative benefit balance was increased as a result of the payment of 
    the benefit.
        (b) Recovery of other benefit payments. Where the Board recovers a 
    benefit payment that was not charged, in whole or in part, to any base 
    year employer, or was made before January 1, 1990, the Board will treat 
    the amount of the recovery as a subtraction from the system unallocated 
    charge balance.
        (c) Payment of interest or other debt collection-related charges. 
    The Board will not adjust a base year employer's cumulative benefit 
    balance to reflect payment by a debtor of interest or other charges 
    assessed by the Board under Sec. 200.7 of this chapter with respect to 
    the collection of a debt arising from a benefit payment charged to such 
    employer and later found to be recoverable by the Board.
        (d) Limitations. The Board will adjust a base year employer's 
    cumulative benefit balance only when the Board actually recovers, by 
    cash payment or setoff, a debt that represents a benefit payment that 
    was charged, in whole or in part, to such employer. No adjustment shall 
    be made--
        (1) If the Board waives recovery of a debt in accordance with part 
    340 of this chapter, or
        (2) If the Board finds that a debt is uncollectible, or
        (3) To the extent of the amount not recovered by the Board by 
    reason of a compromise settlement of a debt.
    
    
    Sec. 345.405   Notices to base year employers.
    
        (a) Prepayment notification. When the Board receives an employee's 
    claim for unemployment or sickness benefits, the Board will give the 
    employee's base year employer notice of the claim and an opportunity to 
    provide information to the Board with respect to the employee's 
    eligibility for benefits for the period of time covered by the claim.
        (b) Notice of claim determination. After the base year employer has 
    had an opportunity to provide information in accordance with the 
    prepayment notification process described in paragraph (a) of this 
    section, the office of the Board that is adjudicating the employee's 
    claim for benefits will determine whether to pay or to deny benefits on 
    the claim. Such office will send notice to the base year employer 
    showing what determination was made on the claim. If benefits are found 
    to be payable, the amount of the payment will be charged to the 
    cumulative benefit balance of the base year employer in accordance with 
    the provisions of this subpart. If the base year employer disagrees 
    with the payment of benefits, it may request reconsideration in 
    accordance with part 320 of this chapter.
        (c) Quarterly notice of benefit charges. As soon as practical 
    following the end of each calendar quarter, the Board will send to each 
    employer a report of its cumulative benefit balance computed as
    
    [[Page 20082]]
    
    of the end of such quarter. The computation of such balance will 
    reflect the following:
        (1) The total amount of unemployment and sickness benefit payments 
    made after December 31, 1989, that have been charged to the employer as 
    the base year employer of the employees who received the benefits; 
    minus
        (2) The total amount realized in recovery of such benefits; plus
        (3) The total amount of the unallocated charges assigned to such 
    base year employer after December 31, 1989; minus
        (4) The total amount realized in recovery of such unallocated 
    charges.
    
    
    Sec. 345.406   Defunct employer.
    
        Whenever the Board determines, pursuant to Sec. 345.207 of this 
    part, that an employer is defunct, the Board will add the amount of 
    such employer's benefit charges, as shown in its cumulative benefit 
    balance, to the system unallocated charge balance.
    
        Dated: April 26, 1996.
    
        By Authority of the Board.
    
    For The Board.
    Beatrice Ezerski,
    Secretary to the Board.
    [FR Doc. 96-10983 Filed 5-2-96; 8:45 am]
    BILLING CODE 7905-01-P
    
    

Document Information

Effective Date:
5/3/1996
Published:
05/03/1996
Department:
Railroad Retirement Board
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-10983
Dates:
May 3, 1996.
Pages:
20070-20082 (13 pages)
RINs:
3220-AA79: Employers' Contributions and Contribution Reports
RIN Links:
https://www.federalregister.gov/regulations/3220-AA79/employers-contributions-and-contribution-reports
PDF File:
96-10983.pdf
CFR: (87)
20 CFR 345.302(j)
20 CFR 345.102
20 CFR 345.103
20 CFR 345.104
20 CFR 345.105
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