
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: 45USC797d]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
                 SUBCHAPTER VII--PROTECTION OF EMPLOYEES
 
Sec. 797d. Election and treatment of benefits


(a) Election

    (1) Any employee who accepts any benefits under an agreement entered 
into under section 797 \1\ of this title or a termination allowance 
under section 797a of this title, shall, except as provided in paragraph 
(2) of this subsection, be deemed to waive any employee protection 
benefits otherwise available under any other provision of law or any 
contract or agreement in effect on August 13, 1981, except benefits 
under sections 797b and 797c of this title, and shall be deemed to waive 
any cause of action for any alleged loss of benefits resulting from the 
provisions of or the amendments made by the Northeast Rail Service Act 
of 1981.
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    \1\ See References in Text note below.
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    (2) Nothing in paragraph (1) of this subsection shall affect the 
right of any employee described in such paragraph to benefits under the 
Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.] or the Railroad 
Unemployment Insurance Act [45 U.S.C. 351 et seq.].

(b) Treatment of benefits

    Any benefits received by an employee under an agreement entered into 
pursuant to section 797 \1\ of this title and any termination allowance 
received under section 797a of this title shall be considered 
compensation solely for purposes of--
        (1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); 
    and
        (2) determining the compensation received by such employee in 
    any base year under the Railroad Unemployment Insurance Act (45 
    U.S.C. 351 et seq.).

(Pub. L. 93-236, title VII, Sec. 705, as added Pub. L. 97-35, title XI, 
Sec. 1143(a), Aug. 13, 1981, 95 Stat. 664.)

                       References in Text

    Section 797 of this title, referred to in subsecs. (a)(1) and (b), 
was repealed by Pub. L. 99-509, title IV, Sec. 4024(c), Oct. 21, 1986, 
100 Stat. 1904, effective on the sale date (Apr. 2, 1987).
    The Northeast Rail Service Act of 1981, referred to in subsec. 
(a)(1), is subtitle E (Secs. 1131-1169) of title XI of Pub. L. 97-35, 
Aug. 13, 1981, 95 Stat. 643, as amended. For complete classification of 
this Act to the Code, see Short Title note set out under section 1101 of 
this title and Tables.
    The Railroad Retirement Act of 1974, referred to in subsecs. (a)(2) 
and (b)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. 
L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is 
classified generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of 
this title. For further details and complete classification of this Act 
to the Code, see Codification note set out preceding section 231 of this 
title, section 231t of this title, and Tables.
    The Railroad Unemployment Insurance Act, referred to in subsecs. 
(a)(2) and (b)(2), is act June 25, 1938, ch. 680, 52 Stat. 1094, as 
amended, which is classified principally to chapter 11 (Sec. 351 et 
seq.) of this title. For complete classification of this Act to the 
Code, see section 367 of this title and Tables.
