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§ 3322. —  Definitions.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 26USC3322]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                      Subtitle C--Employment Taxes
 
            CHAPTER 23A--RAILROAD UNEMPLOYMENT REPAYMENT TAX
 
Sec. 3322. Definitions


(a) Rail employer

    For purposes of this chapter, the term ``rail employer'' means any 
person who is an employer as defined in section 1 of the Railroad 
Unemployment Insurance Act.

(b) Rail wages

    For purposes of this chapter, the term ``rail wages'' means, with 
respect to any calendar month, so much of the remuneration paid during 
such month which is subject to contributions under section 8(a) of the 
Railroad Unemployment Insurance Act.

(c) Employee representative

    For purposes of this chapter, the term ``employee representative'' 
has the meaning given such term by section 1 of the Railroad 
Unemployment Insurance Act.

(d) Certain rules made applicable

    For purposes of this chapter, rules similar to the rules of section 
3307 and 3308 shall apply.

(Added Pub. L. 98-76, title II, Sec. 231(a), Aug. 12, 1983, 97 Stat. 
427; amended Pub. L. 99-272, title XIII, Sec. 13301(d), Apr. 7, 1986, 
100 Stat. 327; Pub. L. 100-647, title VII, Sec. 7106(a), Nov. 10, 1988, 
102 Stat. 3773.)

                       References in Text

    Section 1 of the Railroad Unemployment Insurance Act, referred to in 
subsecs. (a) and (c), is classified to section 351 of Title 45, 
Railroads.
    Section 8(a) of the Railroad Unemployment Insurance Act, referred to 
in subsec. (b), is classified to section 358(a) of Title 45.


                               Amendments

    1988--Pub. L. 100-647 amended section generally, substituting 
present provisions for former provisions relating to taxable period, 
which had provided, in subsec. (a), for a general rule and, in subsec. 
(b), for earlier termination if loans to rail unemployment fund repaid.
    1986--Subsec. (a)(2), (3). Pub. L. 99-272, Sec. 13301(d)(1), struck 
out ``and before 1990, and'' after ``1986'' in par. (2) and struck out 
par. (3) relating to the period beginning on Jan. 1, 1990, and ending on 
Sept. 30, 1990.
    Subsec. (b). Pub. L. 99-272, Sec. 13301(d)(2), substituted ``The 
basic rate under section 3321(c)(1)(A) of the tax imposed by section 
3321 shall not apply'' for ``The tax imposed by this chapter shall not 
apply'' in introductory provision, and inserted ``made before October 1, 
1985,'' in par. (1).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-647 applicable to remuneration paid after 
Dec. 31, 1988, see section 7106(d) of Pub. L. 100-647, set out as a note 
under section 3321 of this title.


Exclusion From Wages and Compensation of Refunds Required From Employers 
   To Compensate for Duplication of Medicare Benefits by Health Care 
                     Benefits Provided by Employers

    For purposes of this chapter, the term ``rail wages'' shall not 
include the amount of any refund required under section 421 of Pub. L. 
100-360, 42 U.S.C. 1395b note, see section 10202 of Pub. L. 101-239, set 
out as a note under section 1395b of Title 42, The Public Health and 
Welfare.



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