[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 553]

 

                      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]