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45 U.S.C. § 1007 — Election

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

45 U.S.C. § 1007 — Election

**(a) Assistance received under employee protection agreement; waiver of other employee protection benefits; exception** Any employee who receives any assistance under an employee protection agreement entered into or benefit schedule prescribed under [section 1005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005&num=0&edition=prelim) or any new career training assistance under [section 1014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1014&num=0&edition=prelim) 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 March 4, 1980, 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”). **(b) Filing of statement** Any 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 [section 1005(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005/a&num=0&edition=prelim) or of any benefit schedule prescribed under [section 1005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005/b&num=0&edition=prelim), 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 prot

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Stable record: federal_law:legal_authorities:record_usc_cd986de3bb0d363616839a26
Source file: Laws/federal/codes/united-states-code/title-45/section-1007-election--503b60c3e6.md
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Passage SHA-256: b3420fd37a88af545a34fcf844a632c05c82ee0d1555aedfbf36c33b06273f5d

Source location: Title 45, Chapter 19, § 1007; chapter-019-rock-island-railroad-employee-assistance.md

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**(a) Assistance received under employee protection agreement; waiver of other employee protection benefits; exception** Any employee who receives any assistance under an employee protection agreement entered into or benefit schedule prescribed under [section 1005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005&num=0&edition=prelim) or any new career training assistance under [section 1014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1014&num=0&edition=prelim) 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 March 4, 1980, 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”). **(b) Filing of statement** Any 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 [section 1005(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005/a&num=0&edition=prelim) or of any benefit schedule prescribed under [section 1005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005/b&num=0&edition=prelim), 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. **(c) 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. **(d) Limitation on assistance eligibility** An employee shall not be eligible to receive any assistance (other than moving expenses) under an employee protection agreement entered into or benefit schedule prescribed under [section 1005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005&num=0&edition=prelim) or any new career training assistance under [section 1014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1014&num=0&edition=prelim)— (1) during any period in which such employee is employed by any rail carrier providing temporary service over any lines of the Rock Island Railroad; or (2) at any time after the date such employee receives an offer of employment, in his craft and for which such employee is qualified, from a rail carrier acquiring lines of the Rock Island Railroad.

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

45 U.S.C. § 1005 — Employee protection agreement

**(a) Authorization; time for agreement; use of funds** The Secretary and the representatives of the various classes and crafts of employees of the Rock Island Railroad shall, not later than 90 days after January 14, 1983, enter into an agreement providing protection for employees of the Rock Island Railroad who are adversely affected as a result of a reduction in service by such Railroad. Such agreement may provide for the use of funds described in subsection (c) of this section for the following purposes: (1) Subsistence allowances to employees. (2) Moving expenses for employees who must make a change in residence. (3) Retraining expenses for employees who are seeking employment in new areas. (4) Separation allowances for employees. (5) Health and welfare insurance premiums. (6) Such other purposes as may be agreed upon by the parties. **(b) Failure to reach agreement; benefit schedule** If the parties are unable to reach agreement within the time period specified in subsection (a) of this section, the Secretary shall, within 30 days after the expiration of such time period, prescribe a schedule of benefits for employee protection not inconsistent with the provisions of this chapter. **(c) Limitations on funds** Any agreement entered into under subsection (a) of this section, and any benefit schedule prescribed under subsection (b) of this section, shall not require the expenditure of funds in excess of amounts authorized to be appropriated under [section 727(f)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section727/f/1/C&num=0&edition=prelim), nor shall any individual employee receive benefits in excess of $20,000 under such agreement or benefit schedule. No benefits or assistance may be provided under any agreeme

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1005

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

45 U.S.C. § 1014 — New career training assistance

**(a) Eligible employees** An employee who elects to receive a separation allowance under an employee protection agreement entered into or a benefit schedule prescribed under [section 1005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1005&num=0&edition=prelim) may, if so provided under such agreement or benefit schedule, receive from the Board reasonable expenses for training in qualified institutions for new career opportunities. **(b) Conditions for assistance** To be eligible for assistance under this section, an employee— (1) must first exhaust any Federal educational benefits available to such employee under any existing program; and (2) must begin his course of training within 2 years following the date of such employee’s separation from employment with the Rock Island Railroad. **(c) Determination of reasonable expenses by Board** Reasonable expenses for assistance under this section shall be determined by the Board on the basis of an application therefor filed by an employee with the Board. **(d) Assistance prohibited after April 1, 1984** No assistance may be provided under this section after April 1, 1984. **(e) Definitions** As used in this section— (1) the term “expenses” means actual, reasonable expenses paid for room, board, tuition, fees, or educational material in an amount not to exceed $3,000; and (2) the term “qualified institution” means an educational institution accredited for payment by the Veterans’ Administration under chapter 36 of title 38, or a State-accredited institution which has been in existence for not less than 2 years.

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1014

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

45 U.S.C. § 1001 — Congressional findings

Congress hereby finds that— (1) uninterrupted continuation of services over Rock Island lines is dependent on adequate employee protection provisions covering Rock Island Railroad employees who are not hired by other railroads; (2) for those Rock Island Railroad employees not hired by other rail carriers, there is no other practicable means of obtaining funds to meet the necessary costs of such employee protection that are assumed by the Rock Island Railroad; (3) a cessation of necessary operations of the Rock Island Railroad would have serious repercussions on the economies of the States in which such railroad principally operates; and (4) premature cessation of services over lines which are the subject of pending purchase application would result in harm to the shipping public and could imperil continuation of vital commuter service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 1001

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

11 U.S.C. § 1170 — Abandonment of railroad line

**(a)** The court, after notice and a hearing, may authorize the abandonment of all or a portion of a railroad line if such abandonment is— (1) (A) in the best interest of the estate; or (B) essential to the formulation of a plan; and (2) consistent with the public interest. **(b)** If, except for the pendency of the case under this chapter, such abandonment would require approval by the Board under a law of the United States, the trustee shall initiate an appropriate application for such abandonment with the Board. The court may fix a time within which the Board shall report to the court on such application. **(c)** After the court receives the report of the Board, or the expiration of the time fixed under subsection (b) of this section, whichever occurs first, the court may authorize such abandonment, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. **(d)** (1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final. (2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension of service on a line or a portion of a line pending the determination of such appeal, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such suspension by the giving of a supersede

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

45 U.S.C. § 1007 — Election

Page 237 TITLE 45—RAILROADS § 1007 visions relating to imposition of agreement by the Interstate Commerce Commission if none was reached between the Rock Island Railroad and the employees. Subsec. (c). Pub. L. 97–468 added subsec. (c). Former subsec. (c), which related to direction to the bank- ruptcy trustee to carry out the agreement between the Rock Island Railroad and the employees, was struck out. Subsec. (d). Pub. L. 97–468 added subsec. (d). Former subsec. (d), which prescribed conditions for appeals from orders of the Commission or bankruptcy court, limiting them to the Seventh Circuit Court of Appeals, was struck out. Subsec. (e). Pub. L. 97–468 struck out subsec. (e) which related to prescription of regulations by the Board for the filing and payment of benefits and allowances. 1980—Subsec. (a). Pub. L. 96–448 substituted ‘‘5 days after October 14, 1980’’ for ‘‘10 days after May 30, 1980’’. Subsec. (b). Pub. L. 96–448 substituted ‘‘5 days after October 14, 1980’’ for ‘‘10 days after May 30, 1980’’ and ‘‘15 days after October 14, 1980’’ for ‘‘30 days after May 30, 1980’’. Subsec. (c). Pub. L. 96–448 reenacted subsec. (c) with- out change. Subsec. (d). Pub. L. 96–448 substituted provision that any order of the Commission or bankruptcy court be appealed only to the United States Court of Appeals for the Seventh Circuit for provision that an order of the Commission not be stayed by the Commission or any other court, an order by the bankruptcy court not be stayed by any other court, appeals of Commission or bankruptcy court orders only be made to the court of appeals of the United States having jurisdiction to re- view decisions and orders of the bankruptcy court, and no determinations of the court of appeals be review in any other c

Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 1007

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