Page:United States Statutes at Large Volume 56 Part 1.djvu/238

 PUBLIC LAWS-CH. 227-APR. 8, 1942 In service of local lodge or division. In service of general committee. 50 Stat. 308. 45U. S.C.§228a (e). Retroactive provi- sion. 53 Stat. 1. 26U.8.C. 1. 45 U. S. C.0. 261- 273. Proviso. Interest or penal- ties. 53 Stat. 179, 180. 26U.S.C. §1500, 1520. 50 Stat. 437. 45U.8.C.H262, 263. Railroad Unem- ployment Insurance Act, amendment. 52 Stat. 1095; 53 Stat. 846. 45U.S.C. 351(e). Proreo. Individual deemed to be in service of employer. In service of local lodge or division. in the United States; and an individual shall be deemed to be in the service of such a local lodge or division only if (1) all, or substantially all, the individuals constituting its membership are employees of an employer conducting the principal part of its business in the United States; or (2) the headquarters of such local lodge or division is located in the United States; and an individual shall be deemed to be in the service of such a general committee only if (1) he is repre- senting a local lodge or division described in clauses (1) or (2) imme- diately above; or (2) all, or substantially all, the individuals repre- sented by it are employees of an employer conducting the principal part of its business in the United States; or (3) he acts in the capacity of a general chairman or an assistant general chairman of a general committee which represents individuals rendering service in the United States to an employer, but in such case if his office or head- quarters is not located in the United States and the individuals rep- resented by such general committee are employees of an employer not conducting the principal part of its business in the United States, only such proportion of the remuneration for such service shall be regarded as compensation as the proportion which the mileage in the United States under the jurisdiction of such general committee bears to the total mileage under its jurisdiction, unless such mileage for- mula is inapplicable, in which case such other formula as the Railroad Retirement Board may have prescribed pursuant to subsection (c) of section 1 of the Railroad Retirement Act of 1937 shall be applicable :". The amendment in this section shall operate in the same manner and have the same effect as if it had been part of the Internal Reve- nue Code when that code was enacted on February 10, 1939, and as if it had been part of the Carriers Taxing Act of 1937 (50 Stat. 435) when that Act was enacted on June 29, 1937: Provided, however, That no interest or penalties shall accrue or be deemed to have accrued for the failure to make returns under, or pay taxes levied by, sections 1500 and 1520, respectively, of said Internal Revenue Code and sec- tions 2 and 3, respectively, of said Carriers Taxing Act of 1937 with respect to the compensation of employees of any local lodge or divi- sion or of any general committee of a railway-labor-organization employer earned prior to the enactment of this amendment, if (1) the headquarters of such a local lodge or division was not located in the United States, or (2) all, or substantially all, the individuals constituting the membership of such a local lodge or division were employees of an employer not conducting the principal part of its business in the United States, or (3) the individuals represented by such a general committee were employees of an employer not con- ducting the principal part of its business in the United States, or (4) the service to such a general committee was rendered outside the United States, or (5) the office or headquarters of the individual ren- dering service to such a general committee was not located in the United States and if such returns are made and such taxes are paid within the time allowed for making returns and paying taxes with respect to the first calendar quarter beginning after the enactment of this amendment. SEC. 15. The first proviso in subsection (e) of section 1 of the Railroad Unemployment Insurance Act, approved June 25, 1938, as amended, is hereby amended to read as follows: "Provided, how- ever, That an individual shall be deemed to be in the service of an employer, other than a local lodge or division or a general committee of a railway-labor-organization employer, not conducting the principal part of its business in the United States only when he is rendering service to it in the United States; and an individual shall be deemed to be in the service of such a local lodge or division only if (1) all, [56 STAT.

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