
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1007]

 
                           TITLE 45--RAILROADS
 
          CHAPTER 19--ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE
 
Sec. 1007. Election


(a) 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 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).

(b) 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.

(c) 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.

(d) 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--
        (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.

(Pub. L. 96-254, title I, Sec. 108, May 30, 1980, 94 Stat. 402; Pub. L. 
96-448, title VII, Sec. 701(b)(2), Oct. 14, 1980, 94 Stat. 1960; Pub. L. 
97-468, title II, Sec. 232, Jan. 14, 1983, 96 Stat. 2547.)

                       References in Text

    The Bankruptcy Act, referred to in subsecs. (a) and (b), is act July 
1, 1898, ch. 541, 30 Stat. 544, as amended, which was classified 
generally to former Title 11, Bankruptcy. The Act was repealed effective 
Oct. 1, 1979, by Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92 
Stat. 2682, section 101 of which enacted revised Title 11. For current 
provisions relating to railroad reorganization, see subchapter IV 
(Sec. 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 (Sec. 101 et seq.) of Pub. L. 
96-254, May 30, 1980, 94 Stat. 399, as amended, 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.


                               Amendments

    1983--Subsec. (a). Pub. L. 97-468, Sec. 232(1), substituted 
``entered into or benefit schedule prescribed'' for ``or arrangement 
entered into''.
    Subsec. (b). Pub. L. 97-468, Sec. 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''.
    Subsec. (d). Pub. L. 97-468, Sec. 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 Mar. 4, 1980, and included the 
title of the agreement.


                    Effective Date of 1980 Amendment

    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1012 of this title.
