Page:United States Statutes at Large Volume 89.djvu/523

 PUBLIC LAW 94-92—AUG. 9, 1975

89 STAT. 463

employee's extended benefit period determined pursuant to the provisions of this subsection. "(2) For purposes of subdivision (1) of this subsection, a 'period Period of high of high unemployment' shall begin with the twentieth day after which- unemployment. ever of the following first occurs: (A) there is a national 'on' indicator as defined in section 203(d) of Public Law 91-373, as amended, or 26 USC 3304. (B) a period of three consecutive calendar months in which, for each note. month included in such period, the rate of railroad unemployment (seasonally adjusted) equalled or exceeded the lowest applicable unemployment rate specified for the national 'on' indicator in section 203(d) of Public Law 91-373, as amended, and shall end with the twentieth day after both of the following occur: (A) there is a national 'off' indicator as defined in section 203(d) of Public Law 91-373, as amended, and (B) a period of three consecutive calendar months, in which, for each month included in such period, the rate of railroad unemployment (seasonally adjusted) was less than the lowest applicable unemployment rate specified for the national 'off' indicator in section 203(d) of Public Law 91-373, as amended. "(3) For purposes of subdivision (2) of this subsection, the term "Rate of railroad 'rate of railroad unemployment' for a month means the percentage unemployment." arrived at by dividing (A) the average weekly number of individuals who filed bona fide claims for benefits for days of unemployment in such month, excluding from such number those individuals whose unemployment was due to a stoppage of work because of a strike, lockout, or other labor dispute, by (B) the average midmonth count of employees of class I railroads and class I switching and terminal companies, as reported to the Interstate Commerce Commission, adjusted, as determined by the Board, to include all employees covered by this Act for the twelve months ending with the second calendar quarter preceding such n\onth. "(4) Determinations under this subsection shall be made by the Board in accordance with regulations prescribed by it. When a deter- Publication in mination has been made that a 'period of high unemployment' is Federal Register. beginning or ending, the Board shall cause notice of such determination to be published in the Federal Register. The Board shall also cause Publication in to be published in the Federal Register the formula which it uses to Federal Register. adjust the mid-month count of employees of class I railroads and class T switching and terminal companies to include all employees covered by this Act, and the formula it uses to make seasonal adjustments in the rate of railroad unemployment.". (f) Section 3 of such Act is amended by striking out "seven" and 45 USC 353. inserting in lieu thereof "five". (g) Section 8(a) of such Act is amended by striking out the last Employers' five lines in the table contained therein and inserting in lieu thereof contributions. 45 USC 358. the following: "$300,000,000 or more $200,000,000 or more but less than $300.000,000 .$100,000,000 or more but less than $200.000,000 .$50,000,000 or more but less than $100,000,000 Less than $50,000,000

0. 5 4.0 5. 5 7. 0 8.0".

(h) Section 8(b) of such Act is amended by striking out the first sentence thereof and inserting in lieu thereof the following: "Each employee representative shall pay a contribution with respect to so much of the compensation paid to him for services performed as an employee representative during any month after December 1975 as is not, for any such calendar month, in excess of $400, at the rate applicable to employers in accordance with subsection (a) of this section.".

Employee representatives' contributions,

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