Page:United States Statutes at Large Volume 102 Part 4.djvu/803

 PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3773

"(c) TERMINATION IF LOANS TO RAILROAD UNEMPLOYMENT F U N D

REPAID.—The tax imposed by this section shall not apply to rail wages psiid on or after the 1st day of any calendar month if, as of such 1st day, there is— "(1) no balance of transfers made before October 1, 1985, to the railroad unemplo5ment insurance account under section 10(d) of the Railroad Unemployment Insurance Act, and "(2) no unpaid interest on such transfers. "SEC. 3322. DEFINITIONS.

"(a) RAIL EMPLOYER.—For purposes of this chapter, the term 'rail employer' means any person who is an employer as defined in section 1 of the Railroad Unemployment Insurance Act. "(b) RAIL WAGES.—For purposes of this chapter, the term 'rail wages* means, with respect to any calendar month, so much of the remuneration paid during such month which is subject to contributions under section 8(a) of the Railroad Unemployment Insurance Act. "(c) EMPLOYEE REPRESENTATIVE.—For purposes of this chapter, the term 'employee representative* has the meaning given such term by section 1 of the Railroad Unemployment Insurance Act. "(d) CERTAIN RULES MADE APPLICABLE.—For purposes of this chapter, rules similar to the rules of section 3307 and 3308 shall apply." (b) CONTINUATION OF SURTAX RATE THROUGH 1990.— 26 USC 3321 (1) IN GENERAL.—In the case of any calendar month beginning note. before January 1, 1991— (A) there shall be substituted for "4 percent" in subsections (a) and (b) of section 3321 of the 1986 Code the percentage equal to the sum of— (i) 4 percent, plus (ii) the surtax rate (if any) for such calendar month, and (B) subsection (c) of such section shall not apply to so much of the tax imposed by such section as is attributable to the surtax rate. (2) SURTAX RATE.—For purposes of paragraph (1), the surtax rate shall be— (A) 3.5 percent for each month during a calendar year if, as of September 30, of the preceding calendar year, there was a balance of transfers (or unpaid interest thereon) made after September 30, 1985, to the railroad unemployment insurance account under section 10(d) of the Railroad Unemployment Insuremce Act, and (B) zero for any other calendar month. (c) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) Subsection (d) of section 6157 of the 1986 Code (relating to quarterly payment of railroad unemployment repayment tax) is hereby repealed. (2) Paragraph (2) of section 6201(b) of the 1986 Code (relating to amount not to be assessed) is amended by striking out "or tax imposed by section 3321'*. (3) Section 6317 of the 1986 Code (relating to pa5niients of Federal unemployment tax for calendar quarter) is amended— (A) by striking out "or tax imposed by section 3321", and (B) by striking out "and 23A, as the case may be,**.

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