[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: 20CFR325.3]

[Page 543]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 325_REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS--Table of 
Contents
 
Sec. 325.3  Application for unemployment benefits and employment service.

    (a) Requirement. An unemployed employee who wishes to claim 
unemployment benefits shall apply for such benefits by completing the 
form prescribed by the Board for that purpose. Such form shall also 
constitute an application for employment service. An application will be 
required at the beginning of each period of unemployment in a benefit 
year unless:
    (1) The employee filed an application for an initial period of 
unemployment in a benefit year and has a subsequent period of 
unemployment within the same benefit year; or
    (2) The employee had filed an application for benefits for a period 
of unemployment that began in the preceding benefit year and the period 
of unemployment continued into the next ensuing benefit year.

In either of these circumstances, the initial application will be 
treated as an application for days in the subsequent period of 
unemployment or as an application for days in the next ensuing benefit 
year, as the case may be.
    (b) Purpose of application. An application for unemployment benefits 
and employment service is a document that serves three purposes. First, 
it identifies an employee who has become unemployed and wishes to begin 
receiving unemployment benefits. Second, it assists the Board in 
determining whether the applicant is a qualified employee and if so, 
whether any of the information reported on the application affects his 
or her eligibility for payment of benefits. Third, it assists the Board 
in placing the employee in any suitable employment that may be 
available.
    (c) Time for filing application. An employee may deliver or mail his 
or her application to any Board office, but such application must be 
received at a Board office within 30 calendar days of the first day that 
the employee intends to claim as a day of unemployment. For example, if 
an employee becomes unemployed on October 31 and intends to claim 
unemployment benefits for days starting November 1, the application must 
reach a Board office no later than November 30. If the application is 
received December 1, the employee may not be paid unemployment benefits 
for November 1 as such day would not be considered as a ``day of 
unemployment''. If an employee returns to work and then becomes 
unemployed again within the same benefit year, he or she is not required 
to file a new application for benefits and employment service but need 
only contact the nearest Board office to obtain a claim form and file 
such form as described in Sec. 325.4.
    (d) Extension of time for filing. Notwithstanding paragraph (c) of 
this section, the Board will consider an application for unemployment 
benefits as timely filed if:
    (1) The employee can show that he or she made a reasonable effort to 
file the form on time but was prevented from doing so by circumstances 
beyond his or her control; provided, however, that lack of diligence, 
forgetfulness or lack of knowledge of the time limit for applying shall 
not be considered to be a circumstance beyond the employee's control; 
and
    (2) The employee files an application within one year of the day or 
days that he or she claims as a day or days of unemployment.