Assistance received under employee protection agreement; waiver of other employee protection benefits; exception
section 1005 of this titlesection 1014 of this titleAny employee who receives any assistance under an employee protection agreement entered into or benefit schedule prescribed under or any new career training assistance under 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
section 1005(a) of this titlesection 1005(b) of this titleAny 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 or of any benefit schedule prescribed under , 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
Pub. L. 96–254, title I, § 10894 Stat. 402Pub. L. 96–448, title VII, § 701(b)(2)94 Stat. 1960Pub. L. 97–468, title II, § 23296 Stat. 2547(, , ; , , ; , , .)
Editorial Notes
References in Text
act July 1, 1898, ch. 54130 Stat. 544Pub. L. 95–59892 Stat. 2682The Bankruptcy Act, referred to in subsecs. (a) and (b), is , , which was classified generally to former Title 11, Bankruptcy. The Act was repealed effective , by , §§ 401(a), 402(a), , , section 101 of which enacted revised Title 11.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.
Pub. L. 96–25494 Stat. 399section 1001 of this titleThis chapter, referred to in subsecs. (b) and (c), was in the original “this title”, meaning title I (§ 101 et seq.) of , , , 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 and Tables.
Amendments
Pub. L. 97–468, § 232(1)1983—Subsec. (a). , substituted “entered into or benefit schedule prescribed” for “or arrangement entered into”.
Pub. L. 97–468, § 232(2)section 1005(a) of this titlesection 1005(b) of this titleSubsec. (b). , substituted “120 days after the effective date of any agreement entered into under or of any benefit schedule prescribed under , as the case may be” for “”.
Pub. L. 97–468, § 232(1)Subsec. (d). , substituted “entered into or benefit schedule prescribed” for “or arrangement entered into”.
Pub. L. 96–4481980—Subsec. (a). 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
Pub. L. 96–448section 710(d) of Pub. L. 96–448section 1170 of Title 11Amendment by effective , see , set out as a note under , Bankruptcy.