cfr_sections
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82 rows where part_number = 345 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 20:20:1.0.2.9.57.1.155.1 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | A | Subpart A—General Provisions and Definitions | § 345.101 Requirement for contribution. | SSA | Every employer, as defined in part 301 of this chapter, shall pay to the Railroad Retirement Board a contribution with respect to the compensation paid to an employee in any calendar month for service by such employee (except for service to a local lodge or division of a railway labor organization). For the purposes of this part, the term “compensation” is defined in part 302 of this chapter. The compensation subject to contribution is the gross amount of compensation paid to an employee for service in any month, not to exceed the amount of the monthly compensation base (MCB), as defined in part 302 of this chapter. The amount of contribution payable by each employer is to be computed and paid pursuant to the provisions of this part. | ||||
| 20:20:1.0.2.9.57.1.155.2 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | A | Subpart A—General Provisions and Definitions | § 345.102 Multiple employer limitation. | SSA | (a) The contributions required by this part shall not apply to any amount of the aggregate compensation paid to such employee by all such employers in such calendar month which is in excess of the MCB; and (b) Each employer (other than a subordinate unit of a national-railway-labor-organization employer) shall be liable for that portion of the contribution with respect to such compensation paid by all such employers which the compensation paid by the employer to such employee bears to the total compensation paid in such month by all such employers to such employee. (c) In the event that the compensation paid by such employers to the employee in such month is less than the MCB, each subordinate unit of a national-railway-labor-organization employer shall be liable for such portion of any additional contribution as the compensation paid by such employer to such employee in such month bears to the total compensation paid by all national-railway-labor-organization employers to such employee in such month. | ||||
| 20:20:1.0.2.9.57.1.155.3 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | A | Subpart A—General Provisions and Definitions | § 345.103 Rate of contribution. | SSA | (a) Each employer will have an experience-rated rate of contribution computed by the Board under the provisions of section 8(a)(1)(C) of the Railroad Unemployment Insurance Act. See subpart D of this part. (b) Notwithstanding paragraph (a) of this section the rate of contribution applicable to an employer that first becomes subject to this part after December 31, 1989, will be computed by the Board in accordance with section 8(a)(1)(D) of the Railroad Unemployment Insurance Act. See subpart D of this part. | ||||
| 20:20:1.0.2.9.57.1.155.4 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | A | Subpart A—General Provisions and Definitions | § 345.104 Employees and employee representatives not liable. | SSA | The amount of contributions for which an employer is liable under this part shall not be deducted from an employee's compensation, and the Board will not recognize any agreement under which an employee assumes liability for such contributions. Employee representatives under part 205 of this chapter are not employees for purposes of the Railroad Unemployment Insurance Act and are not liable for payment of contributions under this part. | ||||
| 20:20:1.0.2.9.57.1.155.5 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | A | Subpart A—General Provisions and Definitions | § 345.105 Definitions. | SSA | (a) Chief Financial Officer. References in this part to the Board's Chief Financial Officer mean the Chief Financial Officer, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611. The Chief Financial Officer shall be responsible for assessing, collecting, and depositing contributions due from employers under this part. (b) Monthly compensation base. For the purposes of this part, the monthly compensation base (MCB) is the maximum monthly amount of compensation per employee that is subject to contribution pursuant to this part. On or before December 1 of each year, the Board will compute the amount of the MCB in accordance with section 1(i) of the Railroad Unemployment Insurance Act and part 302 of this chapter, and will publish notice of the amount so computed in the Federal Register within 10 days after such computation has been made. Information as to the amount of the MCB should be requested from the Board's Chief Financial Officer. (c) Month defined. (1) For the purposes of this part, if the date prescribed for filing a report or paying a contribution is the last day of a calendar month, each succeeding calendar month or fraction thereof during which the failure to file or pay the contribution continues shall constitute a month. (2) If the date prescribed for filing the report or paying the contribution is a date other than the last day of a calendar month, the period that terminates with the date numerically corresponding thereto in the succeeding calendar month and each such successive period shall constitute a month. If, in the month of February, there is no date corresponding to the date prescribed for filing the report or paying, the period from such date in January through the last day of February shall constitute a month. Thus, if a report is due on January 30, the first month shall end on February 28 (or 29 if a leap year), and the succeeding months shall end on March 30, April 30, etc. (3) If a report is not timely filed or a contribution is not timely paid, the fact … | ||||
| 20:20:1.0.2.9.57.2.155.1 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.110 Reports of compensation of employees. | SSA | The provisions of part 209 of this chapter shall be applicable to the reporting of compensation under the Railroad Unemployment Insurance Act to the same extent and in the same manner as they are applicable to the reporting of compensation under the Railroad Retirement Act. | ||||
| 20:20:1.0.2.9.57.2.155.10 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.119 Refunds. | SSA | (a) In general. If more than the correct amount of the employer's contribution is paid with respect to any compensation and the overpayment may not be adjusted in accordance with § 345.118 of this part, the amount of the overpayment shall be refunded in accordance with this section. (b) When permitted. A claim for refund may be made only when the overpayment cannot be adjusted in accordance with the procedure set forth in § 345.118. (c) Form of claim. A claim for refund shall be directed to the Chief Financial Officer and shall set forth all grounds in detail and all facts alleged in support of the claim, including the amount and date of each payment to the Board of the contribution to the Board, and the period covered by the contribution report on which such contribution was reported. (d) Claim by fiduciary. If an executor, administrator, guardian, trustee, or receiver files a claim for refund, evidence to establish the legal authority of the fiduciary shall be annexed to the claim filed by such fiduciary under this section. (e) Time limit. No refund shall be allowed after the expiration of three years from the time the contribution report was required to be filed or two years from the time the contribution was paid, whichever of such periods expires the later, or if no contribution report was filed, two years from the time the contribution was paid. (f) Interest. Interest shall be payable on any contribution refunded at the overpayment rate provided for in section 6621 of the Internal Revenue Code of 1986 from the date of the overpayment to a date preceding the date of the refund check by not more than 30 days. (g) Refunds reduced by underpayments. Any overpayment claimed or a refund under this section shall be reduced by the amount of any amount of any contributions previously assessed under § 345.120 of this part, which has not already been collected. | ||||
| 20:20:1.0.2.9.57.2.155.11 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.120 Assessment and collection of contributions or underpayments of contributions. | SSA | (a) If any employer's contribution is not paid to the Board when due or is not paid in full when due, the Board may, as the circumstances warrant, assess the contribution or the deficiency and any interest or penalty applicable under this part (whether or not the deficiency is adjustable as an underpayment under § 345.118 of this part). (b) The amount of any such assessment will be collected in accordance with the applicable provisions of law. If any employer liable to pay any contribution neglects or refuses to pay the same within ten days after notice and demand, the Board may collect such contribution with such interest and other additional amounts as are required by law, by levy, by administrative offset as authorized by 31 U.S.C. 3716 and in accordance with the procedures set forth in part 367 of this chapter, or by a proceeding in court, but only if the levy is made or proceeding begun: (1) Within 10 years after assessment of the contribution; or (2) Prior to the expiration of any period, including extension thereof, for collection agreed upon by the Chief Financial Officer and the employer. (c) All provisions of law, including penalties, applicable with respect to any tax imposed by the provisions of the Railroad Retirement Tax Act and the regulations thereunder, insofar as not inconsistent with the provisions in this part, shall be applicable with respect to the assessment and collection of contributions under this part. | ||||
| 20:20:1.0.2.9.57.2.155.12 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.121 Jeopardy assessment. | SSA | (a) Whenever in the opinion of the Board it becomes necessary to protect the interests of the Government by effecting an immediate reporting and collection of an employer's contribution, the Board will assess the contribution whether or not the time otherwise prescribed by law for filing the contribution report and paying such contribution has expired, together with all penalties and interest thereon. Upon assessment, such contribution, and any penalty, and interest provided for under this part shall be immediately due and payable, and the Board shall thereupon issue immediately a notice and demand for payment of the contribution, penalty, and interest. (b) The collection of the whole or any part of the amount of the jeopardy assessment may be stayed by filing with the Board a bond in an amount equal to the amount with respect to which the stay is desired, and with such sureties as the Board may deem necessary. Such bond shall be conditioned upon the payment of the amount (together with interest and any penalties thereon) the collection of which is stayed, at the time at which, but for the jeopardy assessment, such amount would be due. In lieu of surety or sureties the employer may deposit with the Board bonds or notes of the United States, or bonds or notes fully guaranteed by the United States as to principal and interest, having a par value not less than the amount of the bond required to be furnished, together with an agreement authorizing the Board in case of default to collect or sell such bonds or notes so deposited. | ||||
| 20:20:1.0.2.9.57.2.155.13 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.122 Interest. | SSA | (a) Rate. If the employer's contribution is not paid to the Board when due and is not adjusted under § 345.118 of this part, interest accrues at the rate of 1 percent per month, or fraction of a month. Interest on past due contributions from the due date thereof until the date paid will be assessed after payment of the contributions, and notice and demand made upon the employer for payment thereof, in any case in which payment of the contribution is made before assessment under § 345.120. (b) Waiver of interest. The Chief Financial Officer may waive, in whole or in part, any interest imposed by paragraph (a) of this section if in his or her judgment— (1) There was a reasonable cause and not willful neglect for the late filing, late payment or underpayment, such as: the serious illness or death of an individual with the sole authority to execute the return and payment; fire, casualty, or natural disaster at the place where the railroad unemployment insurance records are kept; or reasons outside the employer's control, such as, the failure of the employer's bank to comply with the employer's filing and payment instructions; (2) The amount of interest attributed to the delinquency is totally disproportionate to the period of the delay and the amount of contributions paid; and (3) The employer's past record for timely compliance with railroad unemployment insurance reporting and payment requirements warrants such action considering such factors as the number and extent of delays associated with late reports, payments, and underpayments. | ||||
| 20:20:1.0.2.9.57.2.155.14 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.123 Penalty for delinquent or false contribution reports. | SSA | (a) Delinquent reports. Unless waived under paragraph (b) of this section, the failure to file a contribution report on or before the due date shall cause a penalty to accrue of five percent of the amount of such contribution if the failure is for not more than one month, with an additional five percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate. (b) Waiver of penalty. The Chief Financial Officer may waive all or a portion of the penalty imposed under paragraph (a) of this section consistent with the criteria applicable to waiver of interest as provided for in § 345.122(b) of this part. (c) Penalty on net amount. For the purpose of paragraph (a) of this section the amount of contribution required to be shown on Form DC-1 shall be reduced by the amount of any part of the contribution that is paid on or before the date prescribed for the payment of the contribution and by the amount of any credit against the contribution that may be claimed upon the DC-1. (d) False reports. If a fraudulent contribution report is made, a penalty equal to 50 percent of the amount of any underpayment shall be imposed on the employer. | ||||
| 20:20:1.0.2.9.57.2.155.15 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.124 Right to appeal the amount of a contribution, interest, or penalty. | SSA | [67 FR 13568, Mar. 25, 2002] | (a) Except as otherwise provided, an employer may seek administrative review of any determination with respect to any contribution, interest, or penalty made under this part by filing a request for reconsideration with the Chief Financial Officer within 30 days after the mailing of notice of such determination. An employer shall have a right to appeal to the Board from any reconsideration decision under this section by filing notice of appeal to the Secretary to the Board within 14 days after the mailing of the decision on reconsideration. Upon receipt of a notice of an appeal, the Board may designate one of its officers or employees to receive evidence and report to the Board under the procedures set forth in part 319 of this chapter. An appeal of the contribution rate is made under § 345.307 of this part. (b) Any appeal filed under this part shall not relieve the employer from filing any reports or paying any contribution required under this part nor stay the collection thereof. Upon the request of an employer, the Board may relieve the employer of any obligation required under this part pending an appeal. Unless specifically provided by the Board, such relief shall not stay the accrual of interest on any disputed amount as provided for in § 345.122 of this part. | |||
| 20:20:1.0.2.9.57.2.155.16 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.125 Records. | SSA | Every employer subject to the payment of contributions for any calendar quarter shall, with respect to each such quarter, keep such permanent records as are necessary to establish the total amount of compensation payable to its employees, for a period of at least five calendar years after the date the contribution report to which the compensation relates was required to be filed, or the date the contribution is paid, whichever is later. The record should be in such form as to contain the information required to be shown on the quarterly contribution report. All records required by the regulations in this part shall be kept at a safe and convenient location accessible to inspection by the Board or any of its officers or employees, or by the Inspector General of the Railroad Retirement Board. Such records shall be at all times open for inspection by such officers or employees. | ||||
| 20:20:1.0.2.9.57.2.155.17 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.126 Liens. | SSA | If any employer, after demand, neglects or refuses to pay a contribution required under this part, the amount of such contribution (including any interest, penalties, additional amount, or additions to such contribution, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such employer. | ||||
| 20:20:1.0.2.9.57.2.155.2 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.111 Contribution reports. | SSA | [67 FR 13567, Mar. 25, 2002] | (a) General. (1) Except as provided in paragraph (a)(2) of this section, every employer shall, for each calendar quarter of each year, prepare a contribution report, in duplicate, on Form DC-1. If the Form DC-1 is filed electronically, no duplicate submission is required. (2) Contribution reports of employers who are required by State law to pay compensation on a weekly basis shall include with respect to such compensation all payroll weeks in which all or the major part of the compensation falls within the period for which the reports are required. (b) Compensation to be reported on Form DC-1. Employers shall enter on the employer's quarterly contribution report, prior to any additions or subtractions, the amount of creditable compensation appearing on payrolls or other disbursement documents for the corresponding quarter as the amount of creditable compensation from which the contribution payable for that quarter is to be computed. | |||
| 20:20:1.0.2.9.57.2.155.3 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.112 Final contribution reports. | SSA | Upon termination of employer status, as determined under part 301 of this chapter, the last contribution report of the employer shall be so indicated by checking the box on the Form DC-1 entitled “Final Report”. Such contribution report shall be filed with the Board on or before the sixtieth day after the final date for which there is payable compensation with respect to which contribution is required. The period covered by each such contribution report shall be plainly written thereon, indicating the final date for which compensation is payable. There shall be executed as part of each such final contribution report a statement giving the address at which compensation records will be kept and the name of the person keeping the records. | ||||
| 20:20:1.0.2.9.57.2.155.4 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.113 Execution of contribution reports. | SSA | [67 FR 13567, Mar. 25, 2002] | (a) Each contribution report on Form DC-1 shall be signed by hand by: (1) The individual, if the employer is an individual; (2) The president, vice president, or other duly authorized officer, if the employer is a corporation; or (3) A responsible and duly authorized member or officer having knowledge of its affairs if the employer is a partnership or other unincorporated organization. (b) The Form DC-1 may be filed electronically through the Board's authorized agent. If filed electronically, no further authentication is required. | |||
| 20:20:1.0.2.9.57.2.155.5 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.114 Prescribed forms for contribution reports. | SSA | [67 FR 13568, Mar. 25, 2002] | Each employer's contribution report, together with any prescribed copies and supporting data, shall be filled out in accordance with the instructions and regulations applicable thereto. The prescribed forms may be obtained from or accessed by contacting the Board. An employer will not be excused from making a contribution report for the reason that no form has been furnished to such employer. Application should be made to the Board for the prescribed forms in ample time to have the contribution report prepared, verified, and filed with the Board on or before the due date. Contribution reports that have not been so prepared will not be accepted and shall not be considered filed for purposes of § 345.115 of this part. In case the prescribed form has not been obtained, a statement made by the employer disclosing the period covered and the amount of compensation with respect to which the contribution is required may be accepted as a tentative contribution report if accompanied by the amount of contribution due. If filed within the prescribed time, the statements so made will relieve the employer from liability for any penalty imposed under this part for the delinquent filing of the contribution report provided that the failure to file a contribution report on the prescribed form was due to reasonable cause and not due to willful neglect, and provided further, that within 30 days after receipt of the tentative report, such tentative report is supplemented by a contribution report made on the proper form. | |||
| 20:20:1.0.2.9.57.2.155.6 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.115 Place and time for filing contribution reports. | SSA | [67 FR 13568, Mar. 25, 2002] | Each employer shall file its contribution report with the Chief Financial Officer, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois, 60611-2092, or the Chief Financial Officer's designee. The employer's contribution report for each quarterly period shall be filed on or before the last day of the calendar month following the period for which it is made. If such last day falls on Saturday, Sunday, or a national legal holiday, the report may be filed on the next following business day. If mailed, reports must be postmarked on or before the date on which the report is required to be filed. | |||
| 20:20:1.0.2.9.57.2.155.7 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.116 Payment of contributions. | SSA | (a) The contribution required to be reported on an employer's contribution report is due and payable to the Board without assessment or notice, at the time fixed for filing the contribution report as provided for in § 345.115 of this part. (b) An employer shall deposit the contributions required under this part in accord with instructions issued by the Railroad Retirement Board. At the direction of the Board, the Secretary of the Treasury shall credit such contributions to the Railroad Unemployment Insurance Account in accord with section 10 of the Railroad Unemployment Insurance Act and to the Railroad Unemployment Insurance Administration Fund in accord with section 11 of the Railroad Unemployment Insurance Act. | ||||
| 20:20:1.0.2.9.57.2.155.8 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.117 When fractional part of cent may be disregarded. | SSA | In the payment of employers' contributions to the Board a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent. | ||||
| 20:20:1.0.2.9.57.2.155.9 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | B | Subpart B—Reporting and Collecting Contributions | § 345.118 Adjustments. | SSA | (a) In general. If more or less than the correct amount of an employer's contribution is paid with respect to any compensation, proper adjustments with respect to the contributions shall be made, without interest, in subsequent contribution payments by the same employer, as provided for in this section. (b) Compensation adjustment. A compensation adjustment is the amount of any adjustment reported by an employer on Form BA-4. See part 209 of this chapter. (c) Adjustment of contributions. (1) All adjustments of contributions based on compensation adjustments shall be accounted for by the employer on the contribution report for the same quarter in which the Form BA-4 reflecting the compensation adjustments is filed with the Board. (2) If less than the correct amount of contributions is paid for any previous calendar quarter or calendar year because of an error that does not constitute a compensation adjustment as defined in paragraph (b) of this section, the employer shall adjust the error by— (i) Reporting the additional contribution on the next report filed after discovery of the error; and (ii) Paying the amount thereof to the Board at the time such report is filed. (3) If more than the correct amount of contributions is paid for any previous calendar quarter or calendar year because of an error that does not constitute a compensation adjustment as defined in paragraph (b) of this section, the employer shall adjust the error by applying the excess payment as a credit against the contribution due on the next report filed after discovery of the error. However, if the overpayment cannot be adjusted because the employer is no longer required to file a report or because the overpayment to be adjusted exceeds the amount of contribution due on the employer's next report, the employer may file for a refund of the amount which cannot be adjusted as provided for in this section. If the overpayment is the result of an incorrect contribution rate as determined by the Board, the employer may file for a refund of … | ||||
| 20:20:1.0.2.9.57.3.155.1 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | C | Subpart C—Individual Employer Records | § 345.201 Individual employer record defined. | SSA | Effective January 1, 1990, the Board will establish and maintain a record, hereinafter known as an Individual Employer Record, for each employer subject to this part. As used in this subpart, “Individual Employer Record” means a record of each employer's benefit ratio; reserve ratio; 1-year compensation base; 3-year compensation base; unallocated charge; reserve balance; net cumulative contribution balance; and cumulative benefit balance. See § 345.302 of this part for a definition of these terms. Whenever a new employer begins paying compensation with respect to which contributions are payable under this part, the Board will establish and maintain an individual employer record for such employer. | ||||
| 20:20:1.0.2.9.57.3.155.2 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | C | Subpart C—Individual Employer Records | § 345.202 Consolidated employer records. | SSA | [80 FR 13764, Mar. 17, 2015] | (a) Establishing a consolidated employer record. Two or more employers that are under common ownership or control may request the Board to consolidate their individual employer records into a joint individual employer record. Such joint individual employer record shall be treated as though it were a single employer record. A request for such consolidation shall be made to the Director of Policy and Systems, and such consolidation shall be effective commencing with the calendar year following the year of the request. (b) Discontinuance of a consolidated employer record. Two or more employers that have established and maintained a consolidated employer record will be permitted to discontinue such consolidated record only if the individual employers agree to an allocation of the consolidated employer record and such allocation is approved by the Director of Policy and Systems. The discontinuance of the consolidated record shall be effective commencing with the calendar year following the year of the Director of Policy and Systems' approval. | |||
| 20:20:1.0.2.9.57.3.155.3 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | C | Subpart C—Individual Employer Records | § 345.203 Merger or combination of employers. | SSA | [70 FR 42489, July 25, 2005] | In the event of a merger or combination of two or more employers, or an employer and non-employer, the individual employer record of the employer surviving the merger (or any person that becomes an employer as the result of the merger or combination) shall consist of the combination of the individual employer records of the entities participating in the merger. Where the person surviving the merger is an existing employer under part 202 of this chapter, the individual employer record for the surviving employer will not be updated to reflect the combined record until the calendar year following the year of the Board's determination. Where the entity surviving the merger becomes an employer under part 202 of this chapter by virtue of the merger, the individual employer record shall consist of the combined record effective with its employer effective date. | |||
| 20:20:1.0.2.9.57.3.155.4 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | C | Subpart C—Individual Employer Records | § 345.204 Sale or transfer of assets. | SSA | [61 FR 20072, May 3, 1996, as amended at 70 FR 42489, July 25, 2005] | (a) In the event property of an employer is sold or transferred to another employer (or to a person that becomes an employer as the result of the sale or transfer) or is partitioned among two or more employers or persons, the individual employer record of such employer shall be prorated among the employer or employers that receive the property (including any person that becomes an employer by reason of such transaction or partition), in accordance with any agreement among the respective parties (including an agreement that there shall be no proration of the employer record). Such agreement shall be subject to the approval of the Board. Where the employer acquiring the assets is an existing employer under part 202 of this chapter, that employer's individual employer record will take into consideration the acquired assets no earlier than the calendar year following the year of the Board's determination, unless an agreement among the respective parties provides otherwise. Where the employer acquiring the assets becomes an employer under part 202 of this chapter by virtue of such acquisition, the individual employer record for such employer shall consider the acquired assets as of such person's employer effective date, subject to any agreement between the respective parties and the provisions of paragraph (b) of this section. (b) There shall be no transfer of the employer record where an employer abandons a line of track in accordance with the provisions of the Interstate Commerce Act and the applicable regulations thereunder, and a new entity, found by the Board to be an “employer” under part 301 of this chapter, is formed to operate or continue service over such line; the Board will assign to such entity a new-employer contribution rate in accordance with section 8(a)(1)(D) of the RUIA and § 345.304 of this part. | |||
| 20:20:1.0.2.9.57.3.155.5 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | C | Subpart C—Individual Employer Records | § 345.205 Reincorporation. | SSA | The cumulative benefit balance, net cumulative contribution balance, 1-year compensation base, and 3-year compensation base of an employer that reincorporates or otherwise alters its corporate identity in a transaction not involving a merger, consolidation, or unification will attach to the reincorporated or altered identity. | ||||
| 20:20:1.0.2.9.57.3.155.6 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | C | Subpart C—Individual Employer Records | § 345.206 Abandonment. | SSA | If an employer abandons property or discontinues service but continues to operate as an employer, the employer's individual employer record shall continue to be calculated as provided in this subpart without retroactive adjustment. | ||||
| 20:20:1.0.2.9.57.3.155.7 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | C | Subpart C—Individual Employer Records | § 345.207 Defunct employer. | SSA | If the Board determines that an employer has permanently ceased to pay compensation with respect to which contributions are payable under this part, the Board will, on the date of such determination, transfer the employer's net cumulative contribution balance as a subtraction from, and the cumulative benefit balance as an addition to, the system unallocated charge balance and will cancel all other accumulations of the employer. The Board's determination that an employer is defunct will be based on evidence indicating that the employer has ceased all operations as an employer and has terminated its status as an employer. In making its determination, the Board will consider evidence as described in part 202 of this chapter with respect to termination of employer status under the Railroad Retirement Act. Mere failure of an employer to pay contributions due under this part does not indicate that such employer is defunct. | ||||
| 20:20:1.0.2.9.57.3.155.8 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | C | Subpart C—Individual Employer Records | § 345.208 System records. | SSA | Effective January 1, 1990, the Board will establish and maintain records necessary to determine pooled charges, pooled credits, and unallocated charges for the experience rating system and will publish a notice with respect thereto no later than October 15 of each year. See § 345.302 of this part for the definition of these terms. | ||||
| 20:20:1.0.2.9.57.4.155.1 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | D | Subpart D—Contribution Rates | § 345.301 Introduction. | SSA | (a) General. Effective January 1, 1993, each employer that is subject to this part will have an experience-rated rate of contribution computed as set forth in § 345.303 of this part. A transitional rate of contribution applies to each such employer for 1991 and 1992, in accordance with section 8(a)(1)(B) of the RUIA. An employer that first becomes subject to section 8 of the RUIA after December 31, 1989 will have a “new-employer” contribution rate as computed in § 345.304 of this part. An employer's experience-rated contribution rate will be not less than 0.65 percent nor more than 12.5 percent. Not later than October 15 of each year, the Board will notify each employer of its experience-rated contribution rate for the following calendar year. (b) Components of an experience-rated contribution rate. An employer's experience-rated contribution rate for each calendar year beginning with 1993 will be based upon the following charges: (1) An allocated charge based upon the amount of benefits paid to employees of such employer; this charge is explained in subpart E of this part; (2) An unallocated charge based upon a proportionate share of the system unallocated charge balance, the computation of which is explained in § 345.302(p) of this part; (3) A pooled charge, also referred to as risk-sharing, to cover the cost of benefit payments that are chargeable to a base year employer but are not captured by the contribution rate assigned to such employer because it is paying contributions at the maximum rate of contribution; the formula for computing the pooled charge is set forth in § 345.302(j) of this part; (4) A surcharge of 1.5, 2.5, or 3.5 percent, or a pooled credit, depending on the balance to the credit of the Account as of June 30 of a given year; and (5) An addition of 0.65 percent to the rate of contribution to cover the expenses incurred by the Board in administering the RUIA. (c) Maximum rate of contribution. Notwithstanding any provision of this part, an employer's contribution rate for any cale… | ||||
| 20:20:1.0.2.9.57.4.155.2 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | D | Subpart D—Contribution Rates | § 345.302 Definition of terms and phrases used in experience-rating. | SSA | (a) Account. The Railroad Unemployment Insurance Account established by section 10 of the Railroad Unemployment Insurance Act (RUIA) and maintained by the Secretary of the Treasury in the unemployment trust fund established pursuant to section 904 of the Social Security Act. Benefits paid under the RUIA for an employee's days of unemployment or days of sickness are paid from this Account. (b) Benefit ratio. This ratio is computed for each employer as of any given June 30 by dividing all benefits charged to the employer under subpart E of this part during the 12 calendar quarters ending on such June 30 by the employer's three-year compensation base as of such June 30, as computed under paragraph (q) of this section. The ratio is computed to four decimal places. (c) Benefits. Benefits are money payments paid or payable by the Board to a qualified employee with respect to his or her days of unemployment or days of sickness, as provided by the RUIA. (d) Compensation. This term has the meaning given in part 302 of this chapter. (e) Contributions. Contributions are the money payments paid or payable by an employer subject to this part with respect to the compensation paid or payable to employees of such employer. (f) Cumulative benefit balance. An employer's cumulative benefit balance as of any given June 30 is determined by adding: (1) The net amount of the benefits charged to the employer under subpart E on or after January 1, 1990, and (2) The cumulative amount of the employer's unallocated charges on and after January 1, 1990, as computed under paragraph (r) of this section. (g) Fund. The Railroad Unemployment Insurance Administration Fund established by section 11 of the RUIA and maintained by the Secretary of the Treasury in the unemployment trust fund established pursuant to section 904 of the Social Security Act. The costs incurred by the Board in administering the RUIA are paid from the Fund. (h) Net cumulative contribution balance. The Board will determine an employer's net cumulative… | ||||
| 20:20:1.0.2.9.57.4.155.3 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | D | Subpart D—Contribution Rates | § 345.303 Computation of rate. | SSA | (a) With respect to compensation in a calendar year that begins after December 31, 1992, the Board will compute, by October 15, 1992, and by October 15 of each subsequent year, a contribution rate for each employer (other than a new employer) in accordance with the following 8-step process: (1) Step 1. Compute the employer's benefit ratio as of the preceding June 30; (2) Step 2. Compute the employer's reserve ratio as of the preceding June 30 and subtract it from the benefit ratio; (3) Step 3. Subtract the pooled credit ratio (if any) for the calendar year; (4) Step 4. Multiply the Step 3 result by 100, in order to obtain a percentage rate, and then round such rate to the nearest 100th of one percent. If the rate so computed is zero or less than zero, the percentage rate will be deemed zero at this point; (5) Step 5. Add 0.65 (the administrative charge) to the percentage rate computed through Step 4. (6) Step 6. Add the surcharge rate (if any) for the calendar year; (7) Step 7. Add the pooled charge ratio (if any) for the calendar year, as computed to four decimal places and multiplied by 100; (8) Step 8. If the rate computed through Step 7 is greater than 12 percent (or 12.5 percent if a surcharge of 3.5 percent is in effect for the calendar year), reduce the percentage rate so computed to 12 percent or 12.5 percent, if appropriate. (b) The percentage rate computed under paragraph (a) of this section is the employer's rate of contribution for the calendar year in question. (c)(1) Any computation that is to be made under this section on the basis of a 12-quarter period ending on a given June 30 shall be made on the basis of a period beginning on January 1, 1990, or on the first day of the first calendar quarter that begins after the date on which the employer first began to pay compensation subject to this part, or on July 1 of the third calendar year preceding that June 30, whichever date is later, and ending on that June 30. (2) The amount computed under paragraph (c)(1) of… | ||||
| 20:20:1.0.2.9.57.4.155.4 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | D | Subpart D—Contribution Rates | § 345.304 New-employer contribution rates. | SSA | (a) An employer whose coverage under the RUIA becomes effective after December 31, 1989, is considered a “new employer” for the purposes of this part and will be assigned a contribution rate as computed under this section. The Board shall determine where an employer is a new employer and, if so, the effective date of its coverage under the RUIA and its rate of contribution with respect to compensation paid to employees on and after such effective date. (b) Initial contribution rate. The rate of contribution with respect to compensation paid in calendar months before the end of the first full calendar year that the employer is subject to this section shall be the average contribution rate paid by all employers during the three calendar years preceding the calendar year before the calendar year in which the compensation is paid. The Board will compute the average contribution rate by dividing the aggregate contributions paid by all employers during those three calendar years by the aggregate compensation with respect to which such contributions were paid and by then multiplying the resulting ratio, as computed to four decimal points, by 100. (c) Second contribution rate. The rate of contribution with respect to compensation paid in months in the second full calendar year shall be the smaller of the maximum contribution limit under the RUIA or the percentage rate computed as follows: (d) Third contribution rate. The rate of contribution with respect to compensation paid in months in the third full calendar year shall be the smaller of the maximum contribution limit under the RUIA or the percentage rate computed as follows: (e) Subsequent calendar years. The rate of contribution with respect to months after the third full calendar year shall be determined under § 345.303 of this part. (f) Meaning of symbols. For the purpose of the formulas in paragraphs (c) and (d) of this section, “R” is the applicable contribution rate being computed; “A2” is the contribution rate that would have been determined unde… | ||||
| 20:20:1.0.2.9.57.4.155.5 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | D | Subpart D—Contribution Rates | § 345.305 Notification and proclamations. | SSA | (a) Quarterly notifications to employers. Not later than the last day of any calendar quarter that begins after March 31, 1990, the Board will notify each employer of its cumulative benefit balance and its net cumulative contribution balance as of the end of the preceding calendar quarter, as computed in accordance with § 345.302(f) and (h) of this part as of the last day of such preceding calendar quarter rather than as of a given June 30 if such last day is not a June 30. (b) Annual notifications to employers. Not later than October 15, 1990, and October 15 of each year thereafter, the Board will notify each employer of its benefit ratio, reserve ratio, one-year compensation base, three-year compensation base, unallocated charge, and reserve balance as of the preceding June 30, as computed in accordance with this part, and of the contribution rate applicable to the employer for the following calendar year as computed under the applicable section of this part. (c) Proclamations. Not later than October 15, 1990, and October 15 of each year thereafter, the Board shall proclaim— (1) The balance to the credit of the Account as of the preceding June 30 for purposes of computing the pooled credit ratio and the surcharge rate of contribution; (2) The balance of any advances to the Account under section 10(d) of the RUIA after September 30, 1985, that has not been repaid with interest as provided in such section as of September 30 of that year; (3) The system compensation base as of that June 30; (4) The system unallocated charge balance as of that June 30; and (5) The pooled credit ratio, the pooled charge ratio, and the surcharge rate of contribution, if any, applicable in the following calendar year. (d) Publication and notice. As soon as practical after the Board has determined and proclaimed the amounts specified in paragraph (c) of this section, the Board will publish notice of such amounts in the Federal Register. The notifications to employers under paragraphs (a) and (b) of this section will b… | ||||
| 20:20:1.0.2.9.57.4.155.6 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | D | Subpart D—Contribution Rates | § 345.306 Availability of information. | SSA | Upon request of an employer subject to this part, the Board will make available to such employer any information that is necessary to verify the accuracy of its rate of contribution, as determined by the Board, including information necessary to verify the accuracy of the data maintained by the Board in the employer's individual employer record. | ||||
| 20:20:1.0.2.9.57.4.155.7 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | D | Subpart D—Contribution Rates | § 345.307 Rate protest. | SSA | [67 FR 13568, Mar. 25, 2002, as amended at 80 FR 13764, Mar. 17, 2015] | (a) Request for reconsideration. An employer may appeal a determination of a contribution rate computed under this part by filing a request for reconsideration with the Director of Policy and Systems within 90 days after the date on which the Board notified the employer of its rate of contribution for the next ensuing calendar year. Within 45 days of the receipt of a request for reconsideration, the Director shall issue a decision on the protest. (b) Appeal to the Board. An employer aggrieved by the decision of the Director of Policy and Systems under paragraph (a) of this section may appeal to the Board. Such appeal shall be filed with the Secretary to the Board within 30 days after the date on which the Director notified the employer of the decision on reconsideration. The Board may decide such appeal without a hearing or, in its discretion, may refer the matter to a hearings officer pursuant to part 319 of this chapter. (c) Decision of the Board final. Subject to judicial review provided for in section 5(f) of the RUIA, the decision of the Board under paragraph (b) of this section is final with respect to all issues determined therein. (d) Waiver of time limits. A request for reconsideration or appeal under this section shall be forfeited if the request or appeal is not filed within the time prescribed, unless reasonable cause, as defined in this part, for failure to file timely is shown. (e) Rate pending review. Pending review of the protested rate, the employer shall continue to pay contributions at such rate. Any adjustment in the contributions paid at such rate as the result of an appeal shall be in accordance with § 345.118 of this part. (f) The amount of a contribution, interest, or penalty may be protested in accord with § 345.124 of this part. | |||
| 20:20:1.0.2.9.57.5.155.1 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | E | Subpart E—Benefit Charging | § 345.401 General rule. | SSA | Effective January 1, 1990, all benefits paid to an employee for his or her days of unemployment or days of sickness will be charged to the base year employer of such employee, except as hereinafter provided in this part. The Board will make the charge by adding the gross amount of the benefits payable to an employee on the basis of a claim for benefits to that employee's base year employer's cumulative benefit balance. The benefit charge does not depend on whether the employee receiving the benefit payment is a current employee of the base year employer. | ||||
| 20:20:1.0.2.9.57.5.155.2 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | E | Subpart E—Benefit Charging | § 345.402 Strikes or work stoppages. | SSA | If benefits are payable to an employee for days of unemployment resulting from a strike or work stoppage growing out of a labor dispute, the Board will charge the benefit payment to the system unallocated charge balance, not to the cumulative benefit balance of the employee's base year employer. For the purposes of this section, the phrase “strike or work stoppage growing out of a labor dispute” does not include an employee's protected refusal to work under section 212(b) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441(b)). | ||||
| 20:20:1.0.2.9.57.5.155.3 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | E | Subpart E—Benefit Charging | § 345.403 Multiple base year employers. | SSA | (a) General rules for benefit charging. All benefits paid to an employee who had more than one base year employer shall be charged to the cumulative benefit balances of such employers, as follows: (1) If the employer at the time of the claim is the same as the last employer in the base year, benefits will be charged in reverse chronological order, but the amount charged to each base year employer shall not exceed the amount of compensation paid by such employer to the employee in the base year; (2) In all other cases, benefits will be charged in the same ratio as the compensation paid to such employee by the employer bears to the total of such compensation paid to such employee by all such employers in the base year; benefit charging in accordance with this method shall apply whether the base year employment was with successive employers or with concurrent employers. (b) Excess benefit payments. If, in applying the rule in paragraph (a)(1) of this section, there remain benefit payments, in whole or in part, that cannot be charged to any base year employer, the amount of benefits paid in excess of those chargeable under paragraph (a)(1) shall be charged to the system unallocated charge balance. (c) Board records as basis for charging multiple base year employers. Where an employee has more than one base year employer, the Board will use records compiled on the basis of employer reports filed under § 345.110 of this part for the purpose of determining whether the employer at the time of the claim for benefits is the last employer in the base year and for other purposes related to benefit charging under this subpart. If, in a particular case, such records do not contain all the data necessary to determine the charge, the Board will request the necessary data from the base year employers who may be liable for the charge. | ||||
| 20:20:1.0.2.9.57.5.155.4 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | E | Subpart E—Benefit Charging | § 345.404 Adjustments. | SSA | (a) Recovery of benefits charged to base year employer. Where the Board recovers a benefit payment that it had previously charged, in whole or in part, to one or more base year employers, the Board will subtract the amount of the recovery from the cumulative benefit balances of the employers of the employee to whom such amount was paid as a benefit in proportion to the amount by which each such employer's cumulative benefit balance was increased as a result of the payment of the benefit. (b) Recovery of other benefit payments. Where the Board recovers a benefit payment that was not charged, in whole or in part, to any base year employer, or was made before January 1, 1990, the Board will treat the amount of the recovery as a subtraction from the system unallocated charge balance. (c) Payment of interest or other debt collection-related charges. The Board will not adjust a base year employer's cumulative benefit balance to reflect payment by a debtor of interest or other charges assessed by the Board under § 200.7 of this chapter with respect to the collection of a debt arising from a benefit payment charged to such employer and later found to be recoverable by the Board. (d) Limitations. The Board will adjust a base year employer's cumulative benefit balance only when the Board actually recovers, by cash payment or setoff, a debt that represents a benefit payment that was charged, in whole or in part, to such employer. No adjustment shall be made— (1) If the Board waives recovery of a debt in accordance with part 340 of this chapter, or (2) If the Board finds that a debt is uncollectible, or (3) To the extent of the amount not recovered by the Board by reason of a compromise settlement of a debt. | ||||
| 20:20:1.0.2.9.57.5.155.5 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | E | Subpart E—Benefit Charging | § 345.405 Notices to base year employers. | SSA | (a) Prepayment notification. When the Board receives an employee's claim for unemployment or sickness benefits, the Board will give the employee's base year employer notice of the claim and an opportunity to provide information to the Board with respect to the employee's eligibility for benefits for the period of time covered by the claim. (b) Notice of claim determination. After the base year employer has had an opportunity to provide information in accordance with the prepayment notification process described in paragraph (a) of this section, the office of the Board that is adjudicating the employee's claim for benefits will determine whether to pay or to deny benefits on the claim. Such office will send notice to the base year employer showing what determination was made on the claim. If benefits are found to be payable, the amount of the payment will be charged to the cumulative benefit balance of the base year employer in accordance with the provisions of this subpart. If the base year employer disagrees with the payment of benefits, it may request reconsideration in accordance with part 320 of this chapter. (c) Quarterly notice of benefit charges. As soon as practical following the end of each calendar quarter, the Board will send to each employer a report of its cumulative benefit balance computed as of the end of such quarter. The computation of such balance will reflect the following: (1) The total amount of unemployment and sickness benefit payments made after December 31, 1989, that have been charged to the employer as the base year employer of the employees who received the benefits; minus (2) The total amount realized in recovery of such benefits; plus (3) The total amount of the unallocated charges assigned to such base year employer after December 31, 1989; minus (4) The total amount realized in recovery of such unallocated charges. | ||||
| 20:20:1.0.2.9.57.5.155.6 | 20 | Employees' Benefits | II | C | 345 | PART 345—EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS | E | Subpart E—Benefit Charging | § 345.406 Defunct employer. | SSA | Whenever the Board determines, pursuant to § 345.207 of this part, that an employer is defunct, the Board will add the amount of such employer's benefit charges, as shown in its cumulative benefit balance, to the system unallocated charge balance. | ||||
| 28:28:2.0.2.1.4.1.119.1 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | A | Subpart A—Purpose and Scope | § 345.10 Purpose and scope. | BOP | It is the policy of the Bureau of Prisons to provide work to all inmates (including inmates with a disability who, with or without reasonable accommodations, can perform the essential tasks of the work assignment) confined in a federal institution. Federal Prison Industries, Inc. (FPI) was established as a program to provide meaningful work for inmates. This work is designed to allow inmates the opportunity to acquire the knowledge, skills, and work habits which will be useful when released from the institution. There is no statutory requirement that inmates be paid for work in an industrial assignment. 18 U.S.C. 4126, however, provides for discretionary compensation to inmates working in Industries. Under this authority, inmates of the same grade jobs, regardless of the basis of pay (hourly, group piece, or individual piece rates) shall receive approximately the same compensation. All pay rates under this part are established at the discretion of Federal Prison Industries, Inc. Any alteration or termination of the rates shall require the approval of the Federal Prison Industries' Board of Directors. While the Warden is responsible for the local administration of Inmate Industrial Payroll regulations, no pay system is initiated or changed without prior approval of the Assistant Director, Industries, Education and Vocational Training (Assistant Director). | |||||
| 28:28:2.0.2.1.4.2.119.1 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | B | Subpart B—Definitions | § 345.11 Definitions. | BOP | [60 FR 15827, Mar. 27, 1995, as amended at 61 FR 59168, Nov. 20, 1996; 64 FR 32169, June 15, 1999] | (a) Federal Prison Industries, Inc. (FPI) —A government corporation organizationally within the Bureau of Prisons whose mission is to provide work simulation programs and training opportunities for inmates confined in Federal correctional facilities. The commercial or “trade” name of Federal Prison Industries, Inc. is UNICOR. Most factories or shops of Federal Prison Industries, Inc. are commonly referred to as “UNICOR” or as “Industries”. Where these terms are used, they refer to FPI production locations and to the corporation as a whole. UNICOR, FPI, and Industries are used interchangeably in this manner. For these purposes, Federal Prison Industries, Inc. will hereinafter be referred to as FPI. (b) Superintendent of Industries (SOI) —The Superintendent of Industries, also referred to as Associate Warden/Industries and Education, is responsible for the efficient management and operation of an FPI factory. Hereinafter, referred to as SOI. (c) FPI work status —Assignment to an Industries work detail. (1) An inmate is in FPI work status if on the job, on sick call during the inmate's assigned hours, on furlough, on vacation, for the first thirty days on writ, for the first 30 days in administrative detention, or for the first 30 days on medical idle for FPI work-related injury so long as the injury did not result from an intentional violation by the inmate of work safety standards. (2) Full-time work status. A work schedule for an inmate consisting of 90% or more of the normal FPI factory work week. (3) Part-time work status. A work schedule of less than 90% of the normal FPI factory work week. (d) Unit Team —Bureau of Prisons staff responsible for the management of inmates and the delivery of programs and services. The Unit Team may consist of a unit manager, case manager, correctional counselor, unit secretary, unit officer, education representative, and psychologist. (e) Unit Discipline Committee (UDC) —The term Unit Discipline Committee refers to one or more institution staff members delegate… | ||||
| 28:28:2.0.2.1.4.3.119.1 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | C | Subpart C—Position Classification | § 345.20 Position classification. | BOP | (a) Inmate worker positions must be assigned an appropriate level of pay. All inmate workers shall be informed of the objectives and principles of pay classification as a part of the routine orientation of new FPI inmate workers. (b) The Warden and SOI have the responsibility for position classification at each location. | |||||
| 28:28:2.0.2.1.4.4.119.1 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | D | Subpart D—Recruitment and Hiring Practices | § 345.31 Recruitment. | BOP | Inmate workers for FPI locations may be recruited through admission and orientation lectures or through direct recruiting. | |||||
| 28:28:2.0.2.1.4.4.119.2 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | D | Subpart D—Recruitment and Hiring Practices | § 345.32 Hiring. | BOP | (a) Inmate workers are ordinarily hired through waiting lists. Except as noted in § 345.33, inmates are to be placed on the waiting lists in order of receipt of applications for work with Industries, and are to be hired in the same sequence. (b) Waiting lists are to be maintained and kept available for scrutiny by auditors and other staff with a need to know. SOI's are encouraged to maintain a waiting list for each FPI factory. | |||||
| 28:28:2.0.2.1.4.4.119.3 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | D | Subpart D—Recruitment and Hiring Practices | § 345.33 Waiting list hiring exceptions. | BOP | (a) Needed skills. An inmate may be hired ahead of other inmates on the waiting list if the inmate possesses needed skills and the SOI documents the reasons for the action in the position classification files. (b) Prior FPI work assignment. An inmate with prior FPI work experience during the inmate's current commitment and with no break in custody will ordinarily be placed within the top ten percent of the waiting lists unless the inmate was transferred for disciplinary reasons, was placed in segregation, or voluntarily left the FPI work assignment for non-program reasons (i.e. for some reason other than formal education, vocational training, drug abuse or similar formal programs). For example, an inmate transferred administratively for nondisciplinary reasons, and who has documented credit as a prior worker, is covered under the provisions of this paragraph. (c) Industry closing and relocation. When an FPI factory closes in a location with two or more FPI factories, an inmate worker affected may be transferred to remaining FPI factories ahead of the top portion of the inmates on the waiting lists, so there is no break in active duty with FPI. Such actions are also in order where the work force of an industry is reduced to meet institution or FPI needs. An inmate transferred under the provisions of this part will have the same benefits as any intra-industry transfer. (d) Disciplinary transfers. An inmate who is a disciplinary transfer from the last institution designated and who wishes re-assignment in FPI at the receiving institution may be hired on a case-by-case basis at the discretion of the SOI, who should consider the security level and reasons for the misconduct. Such an inmate, despite prior experience, is not due special placement on the waiting list, is not given advance hiring preference, and does not receive consideration for accelerated promotion back to the grade held at time of transfer. (e) Special needs. For special needs, such as Inmate Financial Responsibility assignment to assist… | |||||
| 28:28:2.0.2.1.4.4.119.4 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | D | Subpart D—Recruitment and Hiring Practices | § 345.34 Refusal to employ. | BOP | (a) The SOI has authority to refuse an FPI assignment to an inmate who, in the judgment of the SOI, would constitute a serious threat to the orderly and safe operation of the FPI factory. A refusal to assign must be documented by a memorandum to the unit team listing reasons for the refusal, with a copy to the position classification files in FPI. Typically, the reasons should include other earlier (ordinarily within the past twelve months) documented violations of the FPI inmate worker standards or institution disciplinary regulations. (b) The refusal to assign is to be rescinded when, in the judgment of the SOI, the worker no longer constitutes a serious threat to the FPI industrial operation. | |||||
| 28:28:2.0.2.1.4.4.119.5 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | D | Subpart D—Recruitment and Hiring Practices | § 345.35 Assignments to FPI. | BOP | [60 FR 15827, Mar. 27, 1995, as amended at 64 FR 32169, June 15, 1999] | (a) An inmate or detainee may be considered for assignment with FPI unless the inmate is a pretrial inmate or is currently under an order of deportation, exclusion, or removal. However, an inmate or detainee who is currently under an order of deportation, exclusion, or removal may be considered for assignment with FPI if the Attorney General has determined that the inmate or detainee cannot be removed from the United States because the designated country of removal will not accept his/her return. Any request by an inmate for consideration must be made through the unit team. FPI does not discriminate on the bases of race, color, religion, ethnic origin, age, or disability. (b) The SOI ordinarily makes assignments based on the recommendation of the unit team. (1) New workers are ordinarily assigned at pay grade five. All first-time inmate workers shall enter at pay grade five and may be required to successfully complete a course in pre-industrial training or on-the-job training (as available) before promotion to pay grade four. (2) An inmate who has not successfully completed pre-industrial or on-the-job training remains at pay grade five for at least 30 days. (3) An inmate hired after having resigned voluntarily from FPI may be excused from pre-industrial training and may be hired at a pay grade based on previous training and experience. | ||||
| 28:28:2.0.2.1.4.5.119.1 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | E | Subpart E—Inmate Worker Standards and Performance Appraisal | § 345.40 General. | BOP | This subpart authorizes the establishment of minimum work standards for inmate workers assigned to the Industries program at all field locations. The SOI may reproduce these standards and may also develop additional local guidelines to augment these standards and to adapt them to local needs and conditions. Local Industries shall place these standards and any additional local guidelines on display at appropriate locations within the industrial sites. Inmates shall be provided with a copy of these standards and local guidelines, and shall sign receipts acknowledging they have received and understand them before beginning work in the Industries program. In the case of a disabled inmate, alternate media or means of communicating this information and indicating the inmate's receipt may be provided, if necessary as a reasonable accommodation. (a) At a minimum, each industrial location is to have work standards for each of the following areas: (1) Safety—ensuring the promotion of workplace safety and the avoidance of activities that could result in injury to self or others. (2) Quality assurance—ensuring that work is done as directed by the supervisor in an attentive manner so as to minimize the chance of error. (3) Personal conduct and hygiene—ensuring the promotion of harmony and sanitary conditions in the workplace through observation of good hygiene and full cooperation with other inmate workers, work supervisors, and training staff. (4) Punctuality and productivity—ensuring the productive and efficient use of time while the inmate is on work assignment or in training. (b) Compliance with work standards. Each inmate assigned to FPI shall comply with all work standards pertaining to his or her work assignment. Adherence to the standards should be considered in evaluating the inmate's work performance and documented in individual hiring, retention, and promotion/demotion situations. | |||||
| 28:28:2.0.2.1.4.5.119.2 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | E | Subpart E—Inmate Worker Standards and Performance Appraisal | § 345.41 Performance appraisal for inmate workers. | BOP | Work supervisors should complete a performance appraisal form for each inmate semi-annually, by March 31 and September 30, or upon termination or transfer from the industrial work assignment. Copies shall be sent to the unit team. Inmate workers should discuss their appraisals with their supervisors at a mutually agreeable time in order to improve their performance. Satisfactory and unsatisfactory performance ratings shall be based on the standards in § 345.40(a). (a) The SOI is to ensure that evaluations are done and are submitted to unit teams in a timely manner. (b) The SOI or a designee may promote an inmate to a higher grade level if an opening exists when the inmate's skills, abilities, qualifications, and work performance are sufficiently developed to enable the inmate to carry out a more complex FPI factory assignment successfully, when the inmate has met the institution's time-in-grade (unless waived by the SOI), and when the inmate has abided by the inmate worker standards. Conversely, the SOI or SOI designee may demote an inmate worker for failing to abide by the inmate worker standards. Such demotions shall be fully documented. | |||||
| 28:28:2.0.2.1.4.5.119.3 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | E | Subpart E—Inmate Worker Standards and Performance Appraisal | § 345.42 Inmate worker dismissal. | BOP | [60 FR 15827, Mar. 27, 1995, as amended at 64 FR 32170, June 15, 1999] | The SOI may remove an inmate from Industries work status in cooperation with the unit team. (a) The SOI may remove an inmate from FPI work status according to the conditions outlined in the pay and benefits section of this policy and in cooperation with the unit team. (b) An inmate may be removed from FPI work status for failure to comply with any court-mandated financial responsibility. (See 28 CFR 545.11(d)). (c) An inmate found to have committed a prohibited act (whether or not it is FPI related) resulting in segregation or disciplinary transfer is also to be dismissed from Industries based on an unsatisfactory performance rating for failure to be at work. (d) Any inmate or detainee who is a pretrial inmate or who is currently under an order of deportation, exclusion, or removal shall be removed from any FPI work assignment and reassigned to a non-FPI work assignment for which the inmate is eligible. However, an inmate or detainee who is currently under an order of deportation, exclusion, or removal may be retained in the FPI assignment if the Attorney General has determined that the inmate or detainee cannot be removed from the United States because the designated country of removal will not accept his/her return. | ||||
| 28:28:2.0.2.1.4.6.119.1 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.50 General. | BOP | Title 18 U. S. Code section 4126 authorizes FPI to compensate inmates under rules and regulations promulgated by the Attorney General. It is the policy of FPI to provide compensation to FPI inmate workers through various conditions of pay and benefits, except as otherwise provided in these regulations. | |||||
| 28:28:2.0.2.1.4.6.119.10 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.59 Inmate performance pay. | BOP | Inmate workers for FPI may also receive Inmate Performance Pay for participation in programs where this award is made. However, inmate workers may not receive both Industries Pay and Performance Pay for the same program activity. For example, an inmate assigned to a pre-industrial class may not receive FPI pay as well as inmate performance pay for participation in the class. | |||||
| 28:28:2.0.2.1.4.6.119.11 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.60 Training pay. | BOP | Inmates directed by the SOI to take a particular type of training in connection with a FPI job are to receive FPI pay if the training time occurs during routine FPI factory hours of operation. This does not include ABE/GED or pre-industrial training. | |||||
| 28:28:2.0.2.1.4.6.119.12 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.61 Inmate earnings statement. | BOP | Each inmate worker in FPI shall be given a monthly earnings statement while actively working for FPI. | |||||
| 28:28:2.0.2.1.4.6.119.13 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.62 Inmate accident compensation. | BOP | An inmate worker shall be paid lost-time wages while hospitalized or confined to quarters due to work-related injuries (including occupational disease or illnesses directly caused by the worker's job assignments) as specified by the Inmate Accident Compensation Program (28 CFR part 301). | |||||
| 28:28:2.0.2.1.4.6.119.14 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.63 Funds due deceased inmates. | BOP | Funds due a deceased inmate for work performed for FPI are payable to a legal representative of the inmate's estate or in accordance with the law of descent and distribution of the state of domicile. | |||||
| 28:28:2.0.2.1.4.6.119.15 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.64 Referral of releasable medical data to FPI staff. | BOP | The SOI is responsible for ensuring that appropriate releasable information pertaining to an inmate's medical limitation (e.g., back injury) is made available to the FPI staff member who directly supervises the assignment. | |||||
| 28:28:2.0.2.1.4.6.119.16 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.65 Inmate medical work limitation. | BOP | In addition to any prior illnesses or injuries, medical limitations also include any illness or injury sustained by an inmate which necessitates removing the ill worker from an FPI work assignment. If an inmate worker is injured more than once in a comparatively short time, and the circumstances of the injury suggest an awkwardness or ineptitude which in turn indicates that further danger exists, the inmate may be removed to another FPI detail or to a non-FPI detail. | |||||
| 28:28:2.0.2.1.4.6.119.17 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.66 Claims limitation. | BOP | Claims relating to pay and/or benefits must occur within one calendar year of the period of time for which the claim is made. Inmate claims submitted more than one year after the time in question require the approval of the Assistant Director before an inmate may receive such pay and/or benefit. | |||||
| 28:28:2.0.2.1.4.6.119.18 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.67 Retention of benefits. | BOP | (a) Job retention. Ordinarily, when an inmate is absent from the job for a significant period of time, the SOI will fill that position with another inmate, and the first inmate will have no entitlement to continued FPI employment. (1) For up to the first 30 days when an inmate is in medical idle status, that inmate will retain FPI pay grade status, with suspension of actual pay, and will be able to return to FPI when medically able, provided the absence was not because of a FPI work-related injury resulting from the inmate's violation of safety standards. If the medical idle lasts longer than 30 days, was not caused by a violation of safety standards, and the unit team approves the inmate's return to FPI, the SOI shall place that inmate within the top ten percent of the FPI waiting list. (2) Likewise, for up to the first 30 days when an inmate is in Administrative Detention, that inmate may retain FPI pay grade status, with actual pay suspended, and will be able to return to FPI, provided the inmate is not found to have committed a prohibited act. If Administrative Detention lasts longer than 30 days, and the inmate is not found to have committed a prohibited act, and the unit team approves the inmate's return to FPI, the SOI shall place that inmate within the top ten percent of the FPI waiting list. (3) An inmate in Administrative Detention, and found to have committed a prohibited act, may return to FPI work status at the discretion of the SOI. (4) If an inmate is injured and absent from the job because of a violation of FPI safety standards, the SOI may reassign the inmate within FPI or recommend that the unit team reassign the inmate to a non-FPI work assignment. (5) If an inmate is transferred from one institution to another for administrative (not disciplinary) reasons, and the unit team approves the inmate's return to FPI, the SOI shall place that inmate within the top ten percent of the FPI waiting list. (b) Longevity and vacation credit. Ordinarily, when an inmate's FPI employment is interrupte… | |||||
| 28:28:2.0.2.1.4.6.119.2 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.51 Inmate pay. | BOP | (a) Grade levels. Inmate workers in FPI locations receive pay at five levels ranging from 5th grade pay (lowest) to 1st grade pay (highest). (b) Eligibility. (1) An inmate shall accrue vacation time, longevity service credit, and shall receive holiday pay for the period of time the inmate is officially assigned to the Industries work detail. For limitations on claims, refer to § 345.66. (2) Inmate workers may be eligible for premium pay as specified in § 345.52. Eligibility for other pay and benefits are described separately in this subpart. (3) FPI pay and benefits are lost in cases of disciplinary transfer and segregation. (4) An inmate returned to the institution due to program failure at a Community Corrections Center or while on parole or escape is not entitled to credit for time spent in Industries prior to said program failure. This rule also applies to any other program failure which results in a break in confinement status. | |||||
| 28:28:2.0.2.1.4.6.119.3 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.52 Premium pay. | BOP | Payment of premium pay to selected inmates is authorized. The total number of qualifying inmates may not exceed 15% of first grade inmates at a location. (a) Eligibility. Inmates in first grade pay status may be considered for premium pay. (b) The selection process. Candidates for premium pay must be nominated by a foreman on the FPI staff, and recommended on the basis of specific posted criteria by a selection committee assigned by the SOI. (1) The SOI, as the chief selecting official, must sign approval for all premium pay inmate selections. This authority may not be delegated below the level of Acting SOI. (2) The selected candidate(s) are notified by the FPI Manager or by a posted list on the FPI bulletin board. A record of the selection and who was on the selection board is kept for documentation purposes. An inmate nominated to be a premium pay inmate may refuse the appointment without prejudice. (c) [Reserved] (d) Pay rate. Premium pay inmates receive a specified amount over and above all other pay and benefits to which they may be entitled (e.g., longevity pay, overtime, piecework rates, etc.). Premium pay is also paid for vacation, holiday, and administrative hours. (e) Duties of premium pay inmates. Premium pay is a means of recognizing the value of those traits supportive of morale and good institutional adjustment. It is not a form of bonus or incentive pay for highly productive inmates. (f) Transfer status of premium pay inmates. Premium pay status may not be transferred from institution to institution with the inmate worker. Premium pay status must be earned at each location. (g) Removals from premium pay status. Removal from premium pay status may occur for failure to demonstrate the premium pay selection traits or for failure to abide by the inmate worker standards set forth in this policy. All removals from premium pay status shall be documented on the inmate's evaluation form. The following conditions also may result in removal from premium pay status: (1) Any premium pay i… | |||||
| 28:28:2.0.2.1.4.6.119.4 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.53 Piecework rates. | BOP | Piecework rates are incentives for workers to strive for higher pay and production benefiting both the worker and FPI. Piecework rates may be of two major types: individual piecework (in which an individual's pay goes up or down depending upon his/her own output) or Group Wage Fund (in which all members of a group strive for higher rates or production output as a unit, and all share in a pool of funds distributed among work group members equally). | |||||
| 28:28:2.0.2.1.4.6.119.5 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.54 Overtime compensation. | BOP | An inmate worker is entitled to overtime pay at a rate of two times the hourly or unit rate for hourly, individual, and group piecework rate workers, when the total hours worked (including administrative pay) exceed the FPI factory's regularly scheduled workday. Hours worked on days other than the scheduled work week (e.g., Saturday) shall be compensated at the overtime rate. | |||||
| 28:28:2.0.2.1.4.6.119.6 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.55 Longevity pay. | BOP | (a) Except as provided in paragraph (b) of this section, an inmate earns longevity pay raises after 18 months spent in FPI work status regardless of whether or not the work was continuous. The service may have occurred in one or more FPI factories or shops. An inmate qualifies for longevity pay raises as provided in the table below: Length of Service With FPI After 18 months of service and payable in the 19th month After 30 months of service and payable in the 31st month After 42 months of service and payable in the 43rd month After 60 months of service and payable in the 61st month After 84 months of service (& more) and payable in the 85th month After 18 months of service and payable in the 19th month After 30 months of service and payable in the 31st month After 42 months of service and payable in the 43rd month After 60 months of service and payable in the 61st month After 84 months of service (& more) and payable in the 85th month Longevity pay allowances shall be added after the wages for each actual hour in pay status have been properly computed. (b) Exceptions. (1) FPI work status during service of a previous sentence with a subsequent break in custody may not be considered in determining longevity pay. (2) An inmate in segregation or who is given a disciplinary transfer loses any longevity status previously achieved. (3) An inmate who voluntarily transfers to a non-FPI work assignment loses any longevity status previously achieved. An inmate who leaves FPI to enter education, vocational training, or drug abuse treatment programs, however, generally retains longevity and pay grade status upon return to FPI, unless the inmate withdraws from those programs without a good faith effort to complete them. The decision on whether there was a good faith effort is to be made by the SOI in concert with the staff member in charge of the program. | |||||
| 28:28:2.0.2.1.4.6.119.7 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.56 Vacation pay. | BOP | Inmate workers are granted FPI vacation pay by the SOI when their continued good work performance justifies such pay, based on such criteria as quality of work, attendance and punctuality, attentiveness, and adherence to industry operating regulations. The inmate must submit a written request for vacation time, ordinarily two weeks in advance of the requested vacation time. The work supervisor must recommend to the SOI the vacation time to be taken or paid. Eligibility for vacation pay must be verified by the Business Office prior to approval by the SOI. The SOI may declare an inmate ineligible for vacation credit because of an inmate's unsatisfactory work performance during the month in which such credit was to occur. (a) An inmate may take accrued vacation time for visits, participation in institution programs or for other good reasons at the discretion of the SOI. Industrial managers should make every reasonable attempt to schedule an inmate worker's vacations so as not to conflict with the workforce requirements of FPI factory production schedules and Inmate Systems Management requirements. (b) An inmate temporarily assigned to the Industrial detail, e.g., on construction details, also earns vacation credit which he or she must take or be paid for at the end of the temporary assignment. (c) An inmate must take and/or be paid for vacation credit within sixty days after each annual eligibility date of the inmate's most recent date of assignment to FPI. An inmate who elects not to take vacation time must indicate this in writing. That inmate shall receive pay for the annual vacation credit in a lump sum on the regular monthly payroll. This amount is ordinarily paid within sixty days after the annual eligibility date of the inmate's most recent date of assignment to FPI. An inmate whose employment is terminated by release, reassignment, transfer, or other reasons, and who has unused vacation credit shall be paid for this credit on the monthly payroll. | |||||
| 28:28:2.0.2.1.4.6.119.8 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.57 Administrative pay. | BOP | An inmate excused from a job assignment may receive administrative pay for such circumstances as a general recall for an institution, power outages, blood donations, or other situations at the discretion of the SOI. Such pay may not exceed an aggregate of three hours per month. | |||||
| 28:28:2.0.2.1.4.6.119.9 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | F | Subpart F—Inmate Pay and Benefits | § 345.58 Holiday pay. | BOP | An inmate worker in FPI work status shall receive pay at the standard hourly rate, plus longevity where applicable, for all Federal holidays provided the inmate is in work status on the day before and the day after the holiday occurs. Full-time workers receive one full day's pay. Part-time workers receive one-half day's pay. | |||||
| 28:28:2.0.2.1.4.7.119.1 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | G | Subpart G—Awards Program | § 345.70 General. | BOP | FPI provides incentive awards of various types to inmate workers for special achievements in their work, scholarship, suggestions, for inventions which improve industry processes or safety or which conserve energy or materials consumed in FPI operations, and for outstanding levels of self-development. | |||||
| 28:28:2.0.2.1.4.7.119.2 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | G | Subpart G—Awards Program | § 345.71 Official commendations. | BOP | An inmate worker may receive an official written commendation for any suggestion or invention adopted by FPI, or for any special achievement, as determined by the SOI, related to the inmate's industrial work assignment. A copy of the commendation is to be placed in the inmate's central file. | |||||
| 28:28:2.0.2.1.4.7.119.3 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | G | Subpart G—Awards Program | § 345.72 Cash bonus or cash award. | BOP | An inmate worker may receive a cash bonus or cash award for any suggestion or invention which is adopted by FPI and produces a net savings to FPI of at least $250.00. Cash awards shall be one percent of the net estimated savings during the first year, with the minimum award being $25.00, and the maximum award being $1,000.00. | |||||
| 28:28:2.0.2.1.4.7.119.4 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | G | Subpart G—Awards Program | § 345.73 Procedures for granting awards for suggestions or inventions. | BOP | Inmate suggestions for improvements in operations or safety, or for conservation of energy or material, must be submitted in writing. (a) The inmate's immediate supervisor shall review the suggestion and forward it with comments and award recommendation to the SOI. (b) The SOI shall ensure that all inmate suggestions and/or inventions formally submitted are considered for incentive awards by a committee comprised of Industries personnel designated by the SOI. (1) The committee is authorized to award a cash award of up to $100.00 or an equivalent gift not to exceed $100.00 in value to an inmate whose suggestion has been adopted. A recommendation for an award in excess of $100.00 shall be forwarded to the Assistant Director for a final decision. (2) The committee shall forward all recommendations for awards for inventions through the SOI to the Warden. The Warden may choose to add his or her comments before forwarding to the Assistant Director for a final decision. (3) Incentive awards are the exclusive methods for recognizing inmates for suggestions or inventions. | |||||
| 28:28:2.0.2.1.4.7.119.5 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | G | Subpart G—Awards Program | § 345.74 Awards for special achievements for inmate workers. | BOP | While recognition of inmate worker special achievements may originate from any FPI staff member, the achievement ordinarily will be submitted in writing by the inmate's immediate supervisor. (a) The SOI shall appoint a local institution committee to consider inmates for special achievement awards. (b) The committee shall forward its recommendations to the SOI, who is authorized to approve individual awards (cash or gifts) not to exceed $100 in value. A recommendation for an award in excess of $100 (cash or gifts) shall be forwarded, with the Superintendent's recommendation and the justification for it, through the Warden to the Assistant Director. The Warden may submit comments on the recommendation. | |||||
| 28:28:2.0.2.1.4.8.119.1 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | H | Subpart H—FPI Inmate Training and Scholarship Programs | § 345.80 General. | BOP | As earnings permit, FPI provides appropriate training for inmates which is directly related to the inmate worker's job assignment. Additionally, FPI administers a scholarship program to provide inmates with an opportunity to begin, or to continue with business and industry courses or vocational training. (a) An applicant for FPI-funded training programs should be evaluated to determine sufficient interest and preparation to successfully complete the course content. The evaluation may be done by the Education Department, unit team, or other qualified personnel. (b) An inmate selected to participate in FPI-funded training programs ordinarily must have enough sentence time remaining to serve to complete the training. | |||||
| 28:28:2.0.2.1.4.8.119.2 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | H | Subpart H—FPI Inmate Training and Scholarship Programs | § 345.81 Pre-industrial training. | BOP | FPI encourages the development and use of pre-industrial training programs. Such training ordinarily provides benefits to the inmate and to the FPI factory. Pre-industrial training also provides an additional management tool for replacing inmate idleness with constructive activity. Accordingly, each FPI factory location may provide a pre-industrial training program. (a) Pre-industrial program trainees shall ordinarily begin at the entry level pay grade (grade 5). Positions for pre-industrial training programs are filled in the same manner as other grade five positions. (b) Pre-industrial training is not a prerequisite for work placement if the inmate already possesses the needed skill. (c) If pre-industrial training is available and the worker has not completed both the skill training and orientation phases of pre-industrial training, the inmate should be put into the first available training class. (d) When pre-industrial training is not available, new FPI assignees will receive on-the-job training in pre-industrial pay status for a period of at least 30 days before being promoted into available fourth grade jobs. | |||||
| 28:28:2.0.2.1.4.8.119.3 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | H | Subpart H—FPI Inmate Training and Scholarship Programs | § 345.82 Apprenticeship training. | BOP | FPI provides inmate workers with an opportunity to participate in apprenticeship training programs to the extent practicable. Such programs help prepare workers for post-release employment in a variety of trades. Apprentices are given related trades classroom instruction in addition to the skill training during work hours, where necessary. | |||||
| 28:28:2.0.2.1.4.8.119.4 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | H | Subpart H—FPI Inmate Training and Scholarship Programs | § 345.83 Job safety training. | BOP | FPI provides inmates with regular job safety training which is developed and scheduled in coordination with the institution Safety Manager. Participation in the training shall be documented in a safety training record signed by the inmate. | |||||
| 28:28:2.0.2.1.4.8.119.5 | 28 | Judicial Administration | III | 345 | PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS | H | Subpart H—FPI Inmate Training and Scholarship Programs | § 345.84 The FPI scholarship fund. | BOP | FPI shall award post-secondary school scholarships to selected, qualified inmate workers. These scholarships provide an inmate with the opportunity to begin or continue with business and industry courses or vocational training as approved and deemed appropriate by the Supervisor of Education. (a) Eligibility requirements. The SOI and the Supervisor of Education at each institution shall develop application procedures to include, at a minimum, the following criteria: (1) The inmate shall be a full-time FPI worker. (2) The inmate has a favorable recommendation for participation from his or her work supervisor. (3) The inmate meets all relevant institution requirements for participation (e.g. disciplinary record, custody level). (4) The inmate is accepted by the institution of higher learning offering the course or program which is requested. (5) The inmate must maintain a verifiable average of “C” or better to continue program eligibility. (6) Before beginning the course of study, the inmate must sign an agreement to provide the SOI with an unaltered, original copy of his or her grades. (b) Scholarship selection procedures. FPI scholarship awards shall be made by a three member Selection Committee comprised of the SOI, the Supervisor of Education, and one other person designated by the SOI. (c) Scholarship program operation. (1) Ordinarily, one scholarship may be awarded per school period for every fifty workers assigned. At least one scholarship may be awarded at each institution location, regardless of the number of inmates assigned. (2) Individual scholarships ordinarily should not exceed the cost of tuition and books for one course. Where several courses may be taken for the same cost as one, the inmate worker may be allowed to take more than one course. (3) Scholarship monies are to be paid only to the institution providing instruction, or to the Education Department for transfer of funds to the college, university, or technical institution providing instruction. (4) An inmate may not receive… |
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