
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: 45USC909]

 
                           TITLE 45--RAILROADS
 
              CHAPTER 18--MILWAUKEE RAILROAD RESTRUCTURING
 
Sec. 909. Supplementary unemployment insurance


(a) Eligible employees

    Any employee of the Milwaukee Railroad--
        (1) who (A) is employed by the restructured Milwaukee Railroad, 
    and (B) is separated from that employment by reason of any reduction 
    in service by such railroad prior to April 1, 1984; or
        (2) who (A) is separated from his employment with the Milwaukee 
    Railroad in connection with a restructuring transaction carried out 
    by such railroad, and obtains employment, prior to April 1, 1981, 
    with another rail carrier, and (B) is separated from employment with 
    such other carrier prior to April 1, 1984,

shall be entitled to receive monthly supplementary unemployment 
insurance in accordance with the provisions of this section.

(b) Period of payment

    Each employee described in subsection (a) of this section shall be 
entitled to receive supplementary unemployment insurance during each 
month in which such employee is not employed, for all or a portion of 
such month, by the Milwaukee Railroad or another rail carrier. Each such 
employee shall be entitled to receive such insurance for a total of not 
more than 36 months, except that--
        (1) the period of entitlement for assistance under this section 
    shall not exceed the employee's total months of service with the 
    Milwaukee Railroad; and
        (2) no compensation shall be provided under this section after 
    April 1, 1984, unless it is necessary in order to provide an 
    employee with at least 8 months of such insurance, but after such 
    date, such employee only shall receive such 8-month minimum if such 
    employee is not employed continuously after such date.

(c) Amount of payment

    Supplementary unemployment insurance under this section shall be 
payable to an employee on a monthly basis in an amount equal to--
        (1) eighty percent of such employee's average monthly normal 
    compensation from employment with the Milwaukee Railroad during the 
    period beginning June 1, 1977, and ending on November 4, 1979, less
        (2) the sum of (A) the amount of any benefits payable to such 
    employee for such month under the Railroad Unemployment Insurance 
    Act [45 U.S.C. 351 et seq.] or under any State unemployment 
    insurance program, and (B) the amount of any earnings of such 
    employee for such month from employment or self-employment of any 
    kind.

(d) Filing of application

    An application for supplementary unemployment insurance shall be 
filed with the Board in such time and manner as the Board by regulation 
shall prescribe.

(e) Insurance as compensation

    Any supplementary unemployment insurance received by any employee 
pursuant to this section shall be considered to be compensation solely--
        (1) for purposes of the Railroad Retirement Act of 1974 (45 
    U.S.C. 231 et seq.); and
        (2) for purposes of determining the compensation received by 
    such employee in any base year under the Railroad Unemployment 
    Insurance Act [45 U.S.C. 351 et seq.].

(f) Employees not covered

    (1) The provisions of this section shall not apply to an employee in 
the event of his resignation, retirement, or discharge for cause from 
the employment of any rail carrier.
    (2) An employee shall not be entitled to receive supplementary 
unemployment insurance under this section if he has failed to exhaust 
all seniority rights or other employment rights under applicable 
collective bargaining agreements.
    (3) An employee shall not be entitled to receive supplementary 
unemployment insurance under this section for any month or portion of a 
month in which such employee is unemployed due to normal seasonal 
unemployment patterns in the railroad industry.

(g) Furloughed employees

    For purposes of this section, any employee of the Milwaukee Railroad 
who is furloughed shall be considered to be separated from his 
employment.

(Pub. L. 96-101, Sec. 10(a)-(g), Nov. 4, 1979, 93 Stat. 741, 742.)

                       References in Text

    The Railroad Unemployment Insurance Act, referred to in subsecs. 
(c)(2) and (e)(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.
    The Railroad Retirement Act of 1974, referred to in subsec. (e)(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.

                          Codification

    Section is comprised of subsecs. (a) to (g) of section 10 of Pub. L. 
96-101. Subsec. (h) of section 10 amended section 231f(b)(7) of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 912, 913, 919 of this title.
