A new benefit year under the Railroad
Unemployment Insurance Act began July 1, 2001. Administered by the
U.S. Railroad Retirement Board, this Act provides two kinds of
benefits for qualified railroaders: unemployment benefits for those
who become unemployed but are ready, willing and able to work; and
sickness benefits for those who are unable to work because of sickness
or injury. Sickness benefits are also payable to female rail workers
for periods of time when they are not able to work because of
pregnancy and childbirth.
The following questions and answers describe these benefits, their
eligibility requirements, and how to claim them.
What is the daily benefit rate payable in the new benefit year
beginning July 1, 2001?
Almost all employees will qualify for the new maximum daily benefit
rate of $50, which increased from $48 under indexing provisions
reflecting the growth in average national wages. Benefits are
generally payable for days of unemployment or sickness in excess of
four in biweekly claim periods, which yields $500 for each two full
weeks of unemployment or sickness. However, sickness benefits
resulting from other than on-the-job injuries are subject to tier I
railroad retirement payroll taxes for the first six months after the
employee last worked.
What are the eligibility requirements for railroad unemployment and
sickness benefits in the new benefit year?
To qualify for normal railroad unemployment or sickness benefits,
an employee must have had railroad earnings of at least $2,512.50 in
calendar year 2000, not counting more than $1,005 for any month. Those
who were first employed in the rail industry in 2000 must also have at
least five months of creditable railroad service in 2000.
Under certain conditions, employees with 120 or more months of
railroad service who do not qualify on the basis of their 2000
earnings may still be able to receive benefits in the new benefit
year. Employees with 120 or more months of service who received normal
benefits in the benefit year ending June 30, 2001, may be eligible for
extended benefits, and employees with 120 or more months of service
might qualify for accelerated benefits if they have rail earnings of
at least $2,625 in 2001 not counting earnings of more than $1,050 a
month.
How long are these benefits payable?
Normal unemployment or sickness benefits are each payable for up to
130 days (26 weeks) in a benefit year. The total amount of each kind
of benefit which may be paid in the new benefit year cannot exceed the
employee's railroad earnings in calendar year 2000, not counting
earnings of more than $1,298 per month.
If normal benefits are exhausted, extended benefits are payable for
up to 65 days (13 consecutive weeks) to employees with 10 or more
years of service.
What is the waiting-period requirement for unemployment and
sickness benefits?
Benefits are normally paid for the number of days of unemployment
or sickness over four in 14-day claim periods. However, during the
first 14-day claim period in a benefit year, benefits are only payable
for each day of unemployment or sickness in excess of seven which, in
effect, provides a one-week waiting period. Separate waiting periods
are required for unemployment and sickness benefits. However, only one
seven-day waiting period is generally required during any period of
continuing unemployment or sickness, even if that period continues
into a subsequent benefit year. Initial sickness claims must also
begin with four consecutive days of sickness.
Are there special waiting-period requirements if unemployment is
due to a strike?
If a worker is unemployed because of a strike conducted in
accordance with the Railway Labor Act, benefits are payable for days
of unemployment during 14-day claim periods after the first claim
period, but no benefits are payable for days of unemployment during
the first 14 days of the strike. If a strike is in violation of the
Railway Labor Act, unemployment benefits are not payable to employees
participating in the strike. However, employees not among those
participating in such an illegal strike, but who are unemployed on
account of the strike, may receive benefits after the first two weeks
of the strike.
While a benefit year waiting period cannot count toward a strike
waiting period, the 14-day strike waiting period may count as the
benefit year waiting period if a worker subsequently becomes
unemployed for reasons other than a strike later in the benefit year.
Can employees in train-and-engine service receive unemployment
benefits for days when they are standing by or laying over between
scheduled runs?
No, not if they are standing by or laying over between regularly
assigned trips or they missed a turn in pool service.
Can extra-board employees receive unemployment benefits between
jobs?
Yes, but only if the miles and/or hours they actually worked were
less than the equivalent of normal full-time work in their class of
service during the 14-day claim period. Entitlement to benefits would
also depend on the employee's earnings.
How would an employee's earnings in a claim period affect his or
her eligibility for unemployment benefits?
If a claimant's earnings for days worked, and/or days of vacation
or paid leave, in a 14-day claim period are more than a certain
indexed amount, no benefits are payable for any days of unemployment
in that period. That claim, however, can be used to satisfy the
waiting period. Earnings include pay from railroad and nonrailroad
work, as well as part-time work and self-employment. Earnings also
include pay that an employee would have earned except for a failure to
mark up or report for duty on time, or because he or she missed a turn
in pool service or was otherwise not ready or willing to work. For the
benefit year that begins July 2001 the test amount is $1,005, which
corresponds to the base year monthly compensation amount used in
determining eligibility for benefits in the new benefit year.
How does a person claim unemployment benefits?
In order to receive unemployment benefits, claimants must obtain an
application from their labor organization, employer, local Railroad
Retirement Board office or the Board's Web site at www.rrb.gov. The
completed application should be mailed to the local Board office as
soon as possible and, in any case, must be filed within 30 days of the
date on which the claimant became unemployed or the first day for
which he or she wishes to claim benefits. Benefits may be lost if the
application is filed late.
The local Board office reviews the completed application and
notifies the claimant's current railroad employer, and base-year
employer if different. The employer has the opportunity to provide
information about the benefit application. After the Board office
processes the application, biweekly claim forms are mailed to the
claimant as long as he or she remains unemployed and eligible for
benefits. Claim forms should be signed and mailed on or after the last
day of the claim. The completed claims must be received by a Board
office within 15 days of the end of the claim or the date the claim
was mailed to the claimant, whichever is later.
Only one application need be filed during a benefit year even if a
claimant becomes unemployed more than once. However, a claimant must,
in such a case, request biweekly claim forms from a Board field office
within 30 days of the first day for which he or she wants to resume
claiming benefits.
How does a person claim sickness benefits?
An application for sickness benefits can be obtained from railroad
labor organizations, railroad employers, any Board office or the
Board's Web site. An application and a doctor's statement of sickness
are required at the beginning of each period of continuing sickness
for which benefits are claimed.
The Board suggests that employees keep an application on hand for
use in claiming sickness benefits, and that family members know where
the form is kept and how to use it. If an employee becomes unable to
work because of sickness or injury, the employee should complete the
application and take or send it to his or her doctor for completion of
the statement of sickness. If the employee is too sick to complete the
application, someone else may do so. In such cases, a family member
should also complete the "Statement of Authority to Act for
Employee," which accompanies the statement of sickness. After
completion, the forms should be mailed to the Board's headquarters in
Chicago by the seventh day of the illness or injury for which benefits
are claimed. After the Board receives the application and statement of
sickness and determines eligibility, biweekly claim forms are mailed
to the claimant for completion and return to a Board field office for
processing. The claim forms must be received at the Board within 30
days of the last day of the claim period, or within 30 days of the
date the claim form was mailed to the claimant, whichever is later.
Benefits may be lost if an application or claim is filed late.
Is a claimant's employer notified each time a biweekly claim for
unemployment or sickness benefits is filed?
The Railroad Unemployment Insurance Act requires the Board to
notify the claimant's base year employer each time a claim for
benefits is filed, and to give that employer an opportunity to submit
information relevant to the claim before the Board makes an initial
determination on the claim. In addition, the claimant's current
employer is also notified. The Board must also notify the claimant's
base-year employer each time benefits are paid to a claimant. The
base-year employer may appeal the decision to pay benefits. The appeal
does not prevent the timely payment of benefits. However, a claimant
may be required to repay benefits if the appeal is successful. The
Board also checks with other federal agencies and all 50 States to
detect fraudulent benefit claims; and it checks with physicians to
verify the accuracy of medical statements supporting sickness benefit
claims.
How long does it take to receive payment?
Persons who file an application for benefits may expect to receive
a claim form, or a decision on their application, within 15 days of
the date they filed their application. When they file biweekly claims,
they may expect to receive a payment, or a decision on a claim, within
15 days of the date a Board office receives the claim form. However,
claims for some benefits may take longer to handle than others if they
are more complex, or if a Board office has to get information from
other people or organizations. If this happens, claimants may expect
an explanation and an estimate of the time required to make a
decision.
Claimants who think a Board office made the wrong decision about
their benefits have the right to ask for review and to appeal. They
will be notified of these rights each time an unfavorable decision is
made on their claims.
How are payments made?
Railroad unemployment and sickness insurance benefits are paid by
Direct Deposit. With Direct Deposit, benefit payments are made
electronically to an employee's bank, savings and loan, credit union
or other financial institution. New applicants for unemployment and
sickness benefits will be asked to provide information needed for
Direct Deposit enrollment. Waivers are available to individuals who
determine that Direct Deposit would cause a hardship, and to
individuals without bank accounts.
How can claimants receive more information on railroad unemployment
or sickness benefits?
Claimants with questions about unemployment or sickness benefits
should contact the nearest Board office. Most Board offices are open
to the public from 9:00 a.m. to 3:30 p.m., Monday through Friday.
Claimants can find the address and phone number of the Board office
serving their area, and also get information about their claims and
benefit payments by calling the toll-free RRB Help Line at
1-800-808-0772. The RRB Help Line is an automated telephone service
available 24 hours a day, 7 days a week. Callers to the RRB Help Line
who want information about their unemployment or sickness claims and
benefit payments need a Personal Identification Number (PIN), which is
printed on the back of each claim form. In addition, information on
benefit requirements, customer service standards, field office
locations, and other topics can be found on the Board's Web site at www.rrb.gov. |