45 U.S.C. § 353 Qualifying Condition

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 45 U.S.C. § 353

An employee shall be a "qualified employee" if the Board finds that his compensation with respect to the base year will have been not less than 2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title, and, if such employee has had no compensation prior to such year, that he will have had compensation with respect to each of not less than five months in such year.

Cite as 45 U.S.C. § 353

Source: June 25, 1938, ch. 680, §3, 52 Stat. 1097; June 20, 1939, ch. 227, §10, 53 Stat. 845; Oct. 10, 1940, ch. 842, §13, 54 Stat. 1097; July 31, 1946, ch. 709, §308, 60 Stat. 737; May 15, 1952, ch. 290, §2, 66 Stat. 73; Aug. 31, 1954, ch. 1164, pt. III, §303, 68 Stat. 1041; Pub. L. 86-28 pt. III, §304, May 19, 1959, 73 Stat. 31; Pub. L. 88-133, title III, §301(a), Oct. 5, 1963, 77 Stat. 222; Pub. L. 90-257, title II, §203, Feb. 15, 1968, 82 Stat. 24; Pub. L. 94-92, title I, §1(f), Aug. 9, 1975, 89 Stat. 463; Pub. L. 98-76, title IV, §411(a)(2), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100-647, title VII, §7202(a), Nov. 10, 1988, 102 Stat. 3776.

Notes from the Office of Law Revision Counsel

current through 3/2/2023

EDITORIAL NOTES

AMENDMENTS

1988-Pub. L. 100-647 inserted "with respect to the base year" after "his compensation" and substituted "2.5 times the monthly compensation base for months in such base year as computed under section 351(i) of this title" for "$1,500 with respect to the base year".

1983- Pub. L. 98-76 substituted "$1,500" for "$1,000".

1975- Pub. L. 94-92 substituted "five" for "seven" months.

1968- Pub. L. 90-257 substituted "$1,000" for "$750".

1963- Pub. L. 88-133 increased from $500 to $750 the amount of compensation in a base year required to qualify for benefits and provided that if employee has had no compensation prior to such year he will have had compensation with respect to each of not less than 7 months in such year.

1959- Pub. L. 86-28 substituted "$500" for "$400".

1954-Act Aug. 31, 1954, substituted "$400" for "$300".

1952-Act May 15, 1952, substituted "$300" for "$150" to conform to the new table of daily benefit rates as set out in section 352 of this title.

1946-Act July 31, 1946, changed section to relate to compensation paid instead of compensation earned during a year.

1940-Act Oct. 10, 1940, reorganized structure by striking out designations for subsecs. "(a)" and "(b)" and, as so restructured, provisions of former subsec. (a) became entire section and defined "qualified employee" and provisions of former subsec. (b), which related to the employee's waiting period, were omitted.