US Code

Public Law 119-83 (04/13/2026)

45 U.S.C. § 797d

Election and treatment of benefits

(a)

Election

(1)
1
1 See References in Text note below.
section 797a of this title Any employee who accepts any benefits under an agreement entered into under section 797  of this title or a termination allowance under , 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 , 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.
(2)
45 U.S.C. 23145 U.S.C. 351 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 [ et seq.] or the Railroad Unemployment Insurance Act [ et seq.].
(b)

Treatment of benefits

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

Pub. L. 93–236, title VII, § 705Pub. L. 97–35, title XI, § 1143(a)95 Stat. 664 (, as added , , .)

Editorial Notes

References in Text

Section 797 of this titlePub. L. 99–509, title IV, § 4024(c)100 Stat. 1904 , referred to in subsecs. (a)(1) and (b), was repealed by , , , effective on the sale date ().

Pub. L. 97–3595 Stat. 643 section 1101 of this titleThe Northeast Rail Service Act of 1981, referred to in subsec. (a)(1), is subtitle E (§§ 1131–1169) of title XI of , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 29, 1935, ch. 812 Pub. L. 93–445, title I, § 10188 Stat. 1305 section 231 of this titlesection 231t of this titleThe Railroad Retirement Act of 1974, referred to in subsecs. (a)(2) and (b)(1), is , as amended generally by , , , which is classified generally to subchapter IV (§ 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 , , and Tables.

act June 25, 1938, ch. 680 52 Stat. 1094 section 367 of this titleThe Railroad Unemployment Insurance Act, referred to in subsecs. (a)(2) and (b)(2), is , , which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.