[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: 20CFR325.4]



[Page 562-563]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 325_REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS--Table of 

Contents

 

Sec.  325.4  Claim for unemployment benefits.



    (a) Requirement. After an unemployed employee has applied for 

unemployment benefits in accordance with Sec.  325.3, he or she shall 

claim a day as a day of unemployment by registering with respect to such 

day. Registration shall be made on the claim form provided by the Board 

to the employee.

    (b) Claim. A claim for unemployment benefits shall cover a period of 

14 consecutive calendar days. Each such 14-day period shall be a 

registration period. An employee shall provide the information called 

for by the claim form and shall file his or her claim in accordance with 

paragraph (c) of this section.

    (c) Time for filing. A claim for unemployment benefits shall be 

filed at any Board office no later than 15 calendar days after the last 

day of the claim period, as defined in paragraph (b) of this section, or 

15 calendar days after the date on which the claim form was mailed to 

the employee, whichever is later. In determining whether the time



[[Page 563]]



for filing the claim may be extended, the standards set forth in Sec.  

325.3(d) shall be applied. None of the days included in a claim that is 

not timely filed shall be considered a day of unemployment.

    (d) Claim for new period of unemployment. An employee who has 

complied with the application requirement under Sec.  325.3 with respect 

to a period of unemployment in a benefit year, and who again becomes 

unemployed in the same benefit year, need not file a new application but 

may initiate a claim for benefits for days in such subsequent period by 

calling or visiting the nearest district office of the Board to request 

a claim form. Such request shall be made no later than 30 calendar days 

after the first day for which the employee wishes to claim benefits. 

Upon receipt of a request under this paragraph, the district office 

shall provide the employee with a claim form which shall show the 

beginning and ending dates of the registration period covered by the 

claim form, with the first day shown on the claim form being no earlier 

than the 30th day before the date on which the employee requested the 

claim form, unless the delay may be excused by applying the standards 

set forth in Sec.  325.3(d).

    (e) Delayed claims. If an employee makes an initial application and 

claim for benefits in accordance with this part but does not continue to 

file ongoing claims because he or she receives an initial determination 

denying his or her application or claim for benefits and if, upon 

review, the denial is reversed by an appeals referee or other authorized 

reviewing official, the employee shall have 30 days from the date of the 

notice of the reversal in which to file a claim or claims for benefits 

for the days that he or she would have claimed as days of unemployment 

but for the initial determination denying benefits. The appeals referee 

or other reviewing official, as appropriate, shall notify the employee 

of the 30-day time limit imposed by this paragraph. An employee whose 

claim for benefits has been denied may continue to claim any additional 

day or days for which he or she believes that he or she is eligible for 

benefits.

    (f) Claim required for waiting period. The requirement to file a 

claim for unemployment benefits includes a requirement to file a claim 

for the non-compensable waiting period described in Sec.  325.1(d), 

except that the Director of Unemployment and Sickness Insurance may 

waive such requirement in connection with unemployment resulting from a 

work stoppage or other labor dispute.

    (g) Withdrawal of claim. An employee may withdraw his or her claim 

for unemployment benefits by submitting a written statement to that 

effect and by repaying any benefits paid on the claim, unless the 

employee's claim was intentionally false or fraudulent.



[54 FR 24551, June 8, 1989, as amended at 58 FR 45841, Aug. 31, 1993]