[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR322.3]

[Page 534]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 322_REMUNERATION--Table of Contents
 
Sec. 322.3  Determining the days with respect to which remuneration 
is payable or accrues.

    (a) Payable or accrues. In determining whether remuneration is 
``payable'' or ``accrues'' to an employee with respect to a claimed day 
or days, consideration shall be given to such factors as
    (1) The intention of the parties with respect to the remuneration as 
indicated in employment contracts, in any expressed or implied 
agreements between the parties, and by the actions of the parties;
    (2) Any evidence, such as vouchers or agreement of the parties, 
relating the remuneration to a particular period of time or indicating 
that the remuneration accrued or became payable without reference to any 
particular period of time;
    (3) The measure by which the amount of remuneration was determined;
    (4) Whether the amount of the remuneration is proportionate to the 
length of time needed to render the service for which it is payment;
    (5) Whether the service for which the remuneration accrues is 
required to be rendered on any particular day or particular days; and
    (6) Whether a specified amount of the remuneration is contingent 
upon a result accomplished on a particular day or particular days.
    (b) Layover days. Remuneration shall not be regarded as payable or 
accruing to an employee with respect to his or her ``layover'' days 
between regular assignments in train and engine service solely because 
they are termed ``layover'' days. But no such ``layover'' day may be 
considered as a day of unemployment or sickness. See Sec. 332.6 of this 
chapter.
    (c) Guaranteed earnings. A payment under a plan which guarantees an 
amount of earnings or mileage in a specified period is remuneration with 
respect to each day in the specified period.
    (d) Equivalent of full-time work. An employee who works fewer than 
five days each week under a compressed work schedule that provides the 
equivalent of full-time employment does not earn remuneration with 
respect to his or her additional rest days resulting from such work 
schedule, but such employee will not be considered to be available for 
work on such rest days. See Sec. 327.10(d) of this chapter.

[Board Order 59-73, 24 FR 2487, Mar. 31, 1959, as amended at 65 FR 
14460, Mar. 17, 2000]