[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 562]

 

                      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.