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45 U.S.C. § 797d — Election and treatment of benefits

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 797d — Election and treatment of benefits

**(a) Election** (1) Any employee who accepts any benefits under an agreement entered into under section 797 11 See References in Text note below. of this title or a termination allowance under [section 797a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797a&num=0&edition=prelim), 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. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231&num=0&edition=prelim) et seq.] or the Railroad Unemployment Insurance Act [[45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797a&num=0&edition=prelim) shall be considered compensation solely for purposes of— (1) the Railroad Retirement Act of 1974 ([45 U.S.C. 231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231&num=0&edition=prelim)

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Source location: Title 45, Chapter 16, § 797d; chapter-016-regional-rail-reorganization.md

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 351 — Definitions

For the purposes of this chapter, except when used in amending the provisions of other Acts— **(a)** The term “employer” means any carrier (as defined in subsection (b) of this section), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any such employer: Provided, however, That the term “employer” shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Surface Transportation Board is hereby authorized and directed upon request of the Railroad Retirement Board, or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the terms of this proviso. The term “employer” shall also include railroad associations, traffic associations, tariff bureaus, demurrage bureaus, weighing and inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or mor

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45 U.S.C. § 1101 — Congressional findings and declarations

The Congress finds and declares that— (1) the processes set in motion by the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.] have failed to create a self-sustaining railroad system in the Northeast region of the United States and have cost United States taxpayers many billions of dollars over original estimates; (2) current arrangements for the provision of rail freight and commuter service in the Northeast and Midwest regions of the United States are inadequate to meet the transportation needs of the public and the needs of national security; (3) although the Federal Government has provided billions of dollars in assistance for Conrail and its employees, the Federal interest in ensuring the flow of interstate commerce through rail service in the private sector has not been achieved, and the protection of interstate commerce requires Federal intervention to preserve essential rail service in the private sector; (4) the provisions for protection of employees of bankrupt railroads contained in the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.] have resulted in the payment of benefits far in excess of levels anticipated at the time of enactment, have imposed an excessive fiscal burden on the Federal taxpayer, and are now an obstacle to the establishment of improved rail service and continued rail employment in the Northeast region of the United States; and (5) since holding Conrail liable for employee protection payments would destroy its prospects of becoming a profitable carrier and further injure its employees, an alternative

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45 U.S.C. § 231t — Short title

This subchapter may be cited as the “Railroad Retirement Act of 1974”.

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45 U.S.C. § 797 — Repealed. Pub. L. 99–509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904

### Statutory Notes Section, Pub. L. 93–236, title VII, § 701, as added Pub. L. 97–35, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 661; Pub. L. 99–509, title IV, § 4024(a), (b), Oct. 21, 1986, 100 Stat. 1903, related to employee protection agreement. #### Repeal of Section; Continuing Responsibilities of Consolidated Rail Corporation After Sale Date Pub. L. 99–509, title IV, § 4024(c)–(f), Oct. 21, 1986, 100 Stat. 1904, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(c) Repeal of Section 701.—Section 701 of the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 797](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section797&num=0&edition=prelim)] is repealed effective on the sale date [Apr. 2, 1987, see [45 U.S.C. 702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section702&num=0&edition=prelim)(17A)]. Notwithstanding this repeal—“(1) any dispute or controversy regarding benefits under section 701 shall be determined under the terms of the law in effect prior to such repeal; and “(2) the Railroad Retirement Board shall take such actions as may be necessary to complete administration and closeout of the section 701 program and the Board is authorized to receive and apply Corporation funds for this purpose. “(d) Continuing Responsibilities.—(1) On and after the sale date, the Corporation shall provide the protection for its employees described in ‘Part III, Article III, Employee Protection’, of the ‘Definitive Agreement of September 17, 1985, By and Between Conrail and the Undersigned Representatives of Conrail’s Agreement Employees’ and Appendix 3 thereto, together with any amendments thereto, or under any other terms and conditions as shall be agreed between the Corporation and the repr

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45 U.S.C. § 231 — Definitions

For the purposes of this subchapter— **(a)** (1) The term “employer” shall include— (i) any carrier by railroad subject to the jurisdiction of the Surface Transportation Board under part A of subtitle IV of title 49; (ii) any company which is directly or indirectly owned or controlled by, or under common control with, one or more employers as defined in paragraph (i) of this subdivision, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad; (iii) any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any employer as defined in paragraph (i) or (ii) of this subdivision; (iv) any railroad association, traffic association, tariff bureau, demurrage bureau, weighing and inspection bureau, collection agency and any other association, bureau, agency, or organization which is controlled and maintained wholly or principally by two or more employers as defined in paragraph (i), (ii), or (iii) of this subdivision and which is engaged in the performance of services in connection with or incidental to railroad transportation; and (v) any railway labor organization, national in scope, which has been or may be organized in accordance with the provisions of the Railway Labor Act, as amended [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], and its State and National

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 797a — Termination allowance

**(a) General** The Corporation may terminate the employment of certain employees, in accordance with this section, upon the payment of an allowance of $350 for each month of active service with the Corporation or with a railroad in reorganization, but in no event may any such termination allowance exceed $25,000. **(b) Employment needs** Within 90 days after August 13, 1981, the Corporation shall determine, for each location, the number of employees that the Corporation intends to separate under subsection (a) of this section. **(c) Notification and separation procedure** (1) Within 90 days after August 13, 1981, the Corporation shall notify its employees of their rights and responsibilities under this section. (2) Within 90 days after August 13, 1981, the Corporation shall notify each train and engine service employee eligible to be separated under paragraph (3) that such employee may be entitled to receive a separation payment under this section if such employee files a written request to be separated. Such notice may be revised from time to time. (3) If the number of employees who request to be separated pursuant to paragraph (2) of this subsection is greater, in engine service at any location, than the number of excess firemen at the location, and in train service at the location than the number of excess second and third brakemen, as determined by the Corporation, the Corporation shall separate the employees described in paragraph (2) of this subsection in order of seniority beginning with the most senior employee, until the excess firemen and second and third brakemen positions at that location, as determined by the Corporation, have been eliminated. **(d) Designated separations** If the number of employees who are separated pursuant to subsection (c)(3) is

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45 U.S.C. § 367 — Short title

This chapter may be cited as the “Railroad Unemployment Insurance Act”.

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45 U.S.C. § 231 — Definitions

Page 33 TITLE 45—RAILROADS § 231 Pub. L. 92–46, § 5, July 2, 1971, 85 Stat. 101, provided for 10 per cent increases in pensions under section 228f of this title, annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities. Pub. L. 91–377, § 4(b)(1), Aug. 12, 1970, 84 Stat. 792, pro- vided for 15 per cent increases in pensions under section 228f of this title, annuities under subchapter II of this chapter, certain survivor annuities, and certain wid- ows’ and widowers’ insurance annuities, provided that there would be a reduction in the amount of the in- crease where the recipient was also a recipient of cer- tain social security benefits. Pub. L. 90–257, § 107, Feb. 15, 1968, 82 Stat. 22, provided for certain increases in pensions under section 228f of this title, annuities under subchapter II of this chapter, survivor annuities and widows’ and widowers’ insur- ance annuities, provided that there would be a reduc- tion in the amount of the increase where the recipient was also a recipient of certain social security benefits. Pub. L. 89–699, § 201(g), Oct. 30, 1966, 80 Stat. 1077, pro- vided for 7 per cent increases in pensions under section 228f of this title, annuities under subchapter II of this chapter, certain survivor annuities, and certain wid- ows’ and widowers’ insurance annuities, provided that there would be a reduction in the amount of the in- crease where the recipient was also a recipient of cer- tain social security benefits. PERMANENCY OF INCREASES IN CERTAIN PENSIONS AND ANNUITIES Pub. L. 92–460, § 6, Sept. 4, 1972, 86 Stat. 767, provided that it was the policy of Congress that the 20 per cent increase in pension and annuity benefits provided by section 2 of Pub.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 351 — Definitions

Page 99 TITLE 45—RAILROADS § 351 Omitted sections I.R.C. 1939 I.R.C. 1986 270 .............................. 3802 ....................... 7511. 271 .............................. 272 .............................. 1535 ....................... 7805(a), (c). 273 .............................. Statutory Notes and Related Subsidiaries COMPENSATION FROM LOCAL DIVISION OF RAILWAY- LABOR-ORGANIZATION EMPLOYER TAX—UNPAID BE- FORE JULY 1, 1940 Act Oct. 10, 1940, ch. 842, § 27(b), 54 Stat. 1101, provided that, for the purpose of determining the amount of taxes under sections 262(a) and 263(a) of this title, com- pensation earned in the service of a local lodge or divi- sion of a railway-labor-organization employer shall be disregarded with respect to any calendar month if the amount thereof is less than $3 and the taxes thereon under such sections are not paid before July 1, 1940. CHAPTER 11—RAILROAD UNEMPLOYMENT INSURANCE Sec. 351. Definitions. 352. Benefits. 353. Qualifying condition. 354. Disqualifying conditions. 355. Claims for benefits. 355a. Acceptance of claims for benefits. 356. Returns of compensation; conclusiveness; failure to make. 357. Free transportation. 358. Contributions. 359. Penalties. 360. Railroad unemployment insurance account. 361. Railroad unemployment insurance adminis- tration fund. 362. Duties and powers of Board. 363. Exclusiveness of provisions; transfers from State unemployment compensation ac- counts to railroad unemployment insurance account. 363a. Refunds of State unemployment contribu- tions by employees; amount; application pe- riod; definitions. 364. District of Columbia account, transfer of funds to railroad unemployment insurance account. 365. Omitted. 366. Separability. 366a. Effec

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 797d — Election and treatment of benefits

Page 217 TITLE 45—RAILROADS § 797f 1 See References in Text note below. 1 See References in Text note below. Editorial Notes AMENDMENTS 1986—Subsec. (c). Pub. L. 99–272, § 4011(a), designated existing provisions as par. (1) and added par. (2). Subsec. (f). Pub. L. 99–272, § 4011(b), substituted ‘‘6- year’’ for ‘‘4-year’’. 1983—Subsec. (f). Pub. L. 97–468, § 235(a), substituted ‘‘4-year’’ for ‘‘3-year’’. Subsec. (g). Pub. L. 97–468, § 235(b), substituted ‘‘this section, section 797b of this title, section 907 of this title, or section 1004 of this title’’ for ‘‘this section or section 797b of this title’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–272, title IV, § 4011(d), Apr. 7, 1986, 100 Stat. 109, provided that: ‘‘The amendments made by sub- sections (a) and (c) [amending this section and enacting provisions set out as a note under section 797b of this title] shall take effect on the date of enactment of this Act [Apr. 7, 1986], and the amendment made by sub- section (b) [amending this section] shall be effective as of August 1, 1985.’’ § 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 bene- fits otherwise available under any other provi- sion of law or any contract or agreement in ef- fect 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 al- leged loss of benefits resulting from the provi- sions of or the amendment

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