Title 45 — Railroads
Chapter 19 — Rock Island Railroad Employee Assistance
§ 1007. Election
Statutory text
Assistance received under employee protection agreement; waiver of other employee protection benefits; exception
Any employee who receives any assistance under an employee protection agreement entered into or benefit schedule prescribed under section 1005 of this title or any new career training assistance under section 1014 of this title shall be deemed to waive any employee protection benefits otherwise available to such employee under the Bankruptcy Act, subtitle IV of title 49 or any applicable contract or agreement (other than as provided in the agreement entered into in Washington, District of Columbia, on , entitled “Labor Protective Agreement Between Railroads Parties Hereto Involved in Midwest Rail Restructuring and Employees of Such Railroads Represented by the Rail Labor Organizations Operating Through the Railway Labor Executives’ Association”).
Filing of statement
Any employee of the Rock Island Railroad who is entitled to receive assistance under this chapter shall, no later than 120 days after the effective date of any agreement entered into under section 1005(a) of this title or of any benefit schedule prescribed under section 1005(b) of this title, as the case may be, file a statement with the Board indicating whether such employee elects to receive (1) assistance under this chapter; or (2) any employee protection benefits otherwise available to such employee under the Bankruptcy Act, subtitle IV of title 49, or any applicable contract or agreement.
Effect on priority, timing, etc., of employee protection payments
With regard to any employee who elects benefits under subsection (b)(2) of this section, nothing in this chapter shall be deemed to determine or otherwise affect the priority, status, or timing of payment of, or the liability for any claim for, employee protection which might have existed in the absence of this chapter.
Limitation on assistance eligibility
An employee shall not be eligible to receive any assistance (other than moving expenses) under an employee protection agreement entered into or benefit schedule prescribed under section 1005 of this title or any new career training assistance under section 1014 of this title—
during any period in which such employee is employed by any rail carrier providing temporary service over any lines of the Rock Island Railroad; or
at any time after the date such employee receives an offer of employment, in his craft and for which such employee is qualified, from a rail carrier acquiring lines of the Rock Island Railroad.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Rock Island Railroad Transition and Employee Assistance Act
Pub. L. 96–254 title I § 108 · 94 Stat. 399
Enacted · 45 U.S.C. § 1007
Pub. L. 96–254, title I, § 108, May 30, 1980, 94 Stat. 402
Source evidence
Code source credit
Pub. L. 96–254, title I, § 108, May 30, 1980, 94 Stat. 402Enacted provision · exact public law section
Sec. 108. election (a) Any employee who receives any assistance under an employee protection agreement or arrangement entered into under section 106 of this title or any new career training assistance under section 119 of this title shall be deemed to waive any employee protection benefits otherwise available to such employee under the 11 USC 101. 49 USC 10101. Bankruptcy Act, title 11 of the United States Code, subtitle IV of title 49 of the United States Code, or any applicable contract or agreement. (b) Any employee of the Rock Island Railroad who is entitled to receive assistance under this title shall, no later than April 1, 1981, file a statement with the Board indicating whether such employee elects to receive (1) assistance under this title; or (2) any employee protection benefits otherwise available to such employee under the Bankruptcy Act, title 11, United States Code, subtitle IV of title 49, United States Code, or any applicable contract or agreement. (c) With regard to any employee who elects benefits under subsection (b)(2) of this section, nothing in this title shall be deemed to determine or otherwise affect the priority, status, or timing of payment of, or the liability for any claim for, employee protection which might have existed in the absence of this title. (d) An empolyee shall not be eligible to receive any assistance Assistance limitations. (other than moving expenses) under an employee protection agreement or arrangement entered into under section 106 of this title or any new career training assistance under section 119 of this title— (1) during any period in which such employee is employed by any rail carrier providing temporary service over any lines of the Rock Island Railroad; or (2) at any time after the date such employee receives an offer of employment, in his craft and for which such employee is qualified, from a rail carrier acquiring lines of the Rock Island Railroad.Staggers Rail Act of 1980
Pub. L. 96–448 title VII § 701(b)(2) · 94 Stat. 1895
Inserted · 45 U.S.C. § 1007(a)
Pub. L. 96–448 inserted reference to the agreement entered into in Washington on Mar. 4, 1980, and included the title of the agreement
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–448 inserted reference to the agreement entered into in Washington on Mar. 4, 1980, and included the title of the agreement.Enacted provision · exact public law section
(2) Section 108(a) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1007(a)) is amended by inserting immediately before the period at the end thereof the following: “(other than as provided in the agreement entered into in Washington, District of Columbia, on March 4, 1980, entitled ‘Labor Protective Agreement Between Railroads Parties Hereto Involved in Midwest Rail Restructuring and Employees of Such Railroads Represented by the Rail Labor Organizations Operating Through the Railway Labor Executives’ Association’)”.Effective date note
Amendment by Pub. L. 96–448 effective Oct. 14, 1980, see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy.Rail Safety and Service Improvement Act of 1982
Pub. L. 97–468 § 232(1) · 96 Stat. 2543
Substituted · 45 U.S.C. § 1007(a)
Pub. L. 97–468, § 232(1), substituted “entered into or benefit schedule prescribed” for “or arrangement entered into”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–468, § 232(1), substituted “entered into or benefit schedule prescribed” for “or arrangement entered into”.Enacted provision · exact public law section
(1) in subsections (a) and (d), by striking “or arrangement entered into” and inserting in lieu thereof “entered into or benefit schedule prescribed”, andRail Safety and Service Improvement Act of 1982
Pub. L. 97–468 § 232(2) · 96 Stat. 2543
Substituted · 45 U.S.C. § 1007(b)
Pub. L. 97–468, § 232(2), substituted “120 days after the effective date of any agreement entered into under section 1005(a) of this title or of any benefit schedule prescribed under section 1005(b) of this title, as the case may be” for “April 1, 1981”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–468, § 232(2), substituted “120 days after the effective date of any agreement entered into under section 1005(a) of this title or of any benefit schedule prescribed under section 1005(b) of this title, as the case may be” for “April 1, 1981”.Enacted provision · exact public law section
(2) in subsection (b), by striking “April 1, 1981” and inserting in lieu thereof “120 days after the effective date of any agreement entered into under section 106(a) of this title or of any benefit schedule prescribed under section 106(b) of this title, as the case may be”.Rail Safety and Service Improvement Act of 1982
Pub. L. 97–468 § 232(1) · 96 Stat. 2543
Substituted · 45 U.S.C. § 1007(d)
Pub. L. 97–468, § 232(1), substituted “entered into or benefit schedule prescribed” for “or arrangement entered into”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–468, § 232(1), substituted “entered into or benefit schedule prescribed” for “or arrangement entered into”.Enacted provision · exact public law section
(1) in subsections (a) and (d), by striking “or arrangement entered into” and inserting in lieu thereof “entered into or benefit schedule prescribed”, and
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
The Bankruptcy Act, referred to in subsecs. (a) and (b), is act July 1, 1898, ch. 541, 30 Stat. 544, which was classified generally to former Title 11, Bankruptcy. The Act was repealed effective , by Pub. L. 95–598, §§ 401(a), 402(a), , 92 Stat. 2682, section 101 of which enacted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11.
This chapter, referred to in subsecs. (b) and (c), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 96–254, , 94 Stat. 399, known as the Rock Island Railroad Transition and Employee Assistance Act, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 1001 of this title and Tables.
Amendments1980–1983 · 2 rounds
1983
Subsec. (a). Pub. L. 97–468, § 232(1), substituted “entered into or benefit schedule prescribed” for “or arrangement entered into”.
Subsec. (b). Pub. L. 97–468, § 232(2), substituted “120 days after the effective date of any agreement entered into under section 1005(a) of this title or of any benefit schedule prescribed under section 1005(b) of this title, as the case may be” for “”.
Subsec. (d). Pub. L. 97–468, § 232(1), substituted “entered into or benefit schedule prescribed” for “or arrangement entered into”.
1980
Subsec. (a). Pub. L. 96–448 inserted reference to the agreement entered into in Washington on , and included the title of the agreement.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–448 effective , see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy.
Credits
1980–1983 · 3 acts
- 1980Pub. L. 96–254, title I, § 108, , 94 Stat. 402
- 1980Pub. L. 96–448, title VII, § 701(b)(2), , 94 Stat. 1960
- 1983Pub. L. 97–468, title II, § 232, , 96 Stat. 2547.
Show as published
(Pub. L. 96–254, title I, § 108, , 94 Stat. 402; Pub. L. 96–448, title VII, § 701(b)(2), , 94 Stat. 1960; Pub. L. 97–468, title II, § 232, , 96 Stat. 2547.)