[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: 20CFR203.5]



[Page 191]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 203_EMPLOYEES UNDER THE ACT--Table of Contents

 

Sec.  203.5  Service outside the United States.



    (a) An individual shall not be an employee by reason of rendition of 

service to 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 

except while engaged in performing service for it in the United States.

    (b) An individual shall not be an employee by reason of rendition of 

service to a local lodge or division, unless:

    (1) All, or substantially all the individuals constituting the 

membership of such local lodge or division 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.

    (c) An individual shall not be an employee by reason of rendition of 

service to a general committee of a railway-labor-organization employer, 

unless:

    (1) Such individual is representing a local lodge or division, all 

or substantially all of whose members are employees of an employer 

conducting the principal part of its business in the United States, or 

the headquarters of such local lodge or division is located in the 

United States; or

    (2) All or substantially all the individuals represented by such a 

general committee are employees of an employer conducting the principal 

part of its business in the United States; or

    (3) Such an individual 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; 

Provided, however, That if the office or headquarters of such general 

chairman or assistant general chairman is not located within the United 

States he will not be an employee unless 10 percent or more of his 

remuneration for service as general chairman or assistant general 

chairman is creditable as compensation, the creditable compensation to 

be computed according to the proportion which the mileage in the United 

States under the jurisdiction of such general committee bears to the 

total mileage under its jurisdiction, or according to a formula to be 

prescribed by the Board if the mileage formula is inapplicable.