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45 U.S.C. § 912 — Election

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

45 U.S.C. § 912 — Election

Any employee who receives any assistance under section 909 or [section 911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section911&num=0&edition=prelim) or under an employee protection agreement entered into under [section 908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section908&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.

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Source location: Title 45, Chapter 18, § 912; chapter-018-milwaukee-railroad-restructuring.md

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

45 U.S.C. § 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 compensat

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

45 U.S.C. § 908 — Employee protection agreements

**(a) Agreement between Milwaukee Railroad and labor organizations** The Milwaukee Railroad and labor organizations representing the employees of such railroad may, not later than 20 days after November 4, 1979, enter into an agreement providing protection for employees of such railroad who are adversely affected as a result of a reduction in service by such railroad or a restructuring transaction carried out by such railroad. Such employee protection may include, but need not be limited to, interim employee assistance, moving expenses, employee relocation incentive compensation, and separation allowances. **(b) Submission of matter to National Mediation Board** If the Milwaukee Railroad and the labor organizations representing the employees of such railroad are unable to enter into an employee protection agreement under subsection (a) of this section within 20 days after November 4, 1979, the parties shall immediately submit the matter to the National Mediation Board. The National Mediation Board shall attempt, by mediation, to bring the parties to an agreement with respect to employee protection no later than 40 days after November 4, 1979. **(c) Fair and equitable agreements** (1) If the National Mediation Board is unable to bring the parties to an agreement under subsection (b) of this section within 40 days after November 4, 1979, the Milwaukee Railroad and the labor organizations representing the employees of such railroad shall immediately enter into an employee protection agreement that is fair and equitable. (2) If an employee protection agreement is entered into under this subsection, any claim of an employee for benefits and allowances under such agreement shall be filed with the Board in such time and manner as the Board by regulation shall prescribe. Th

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

45 U.S.C. § 911 — New career training assistance

**(a) Eligible employees** Any employee who elects to receive a separation allowance from the Milwaukee Railroad under an employee protection agreement entered into under [section 908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section908&num=0&edition=prelim) shall be entitled to receive from the Board expenses for training in qualified institutions for new career opportunities. **(b) Commencement of training as condition** To be entitled for assistance under this section, an employee must begin his course of training within two years following the date of his separation from employment with the Milwaukee Railroad. **(c) Filing of application; Board determination** Entitlement to 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 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 two years.

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

45 U.S.C. § 912 — Election

Page 230 TITLE 45—RAILROADS § 912 (c) Filing of application; Board determination Entitlement to 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 sec- tion after April 1, 1984. (e) Definitions As used in this section— (1) the term ‘‘expenses’’ means actual ex- penses paid for room, board, tuition, fees, or educational material in an amount not to ex- ceed $3,000; and (2) the term ‘‘qualified institution’’ means an educational institution accredited for pay- ment by the Veterans’ Administration under chapter 36 of title 38, or a State-accredited in- stitution which has been in existence for not less than two years. (Pub. L. 96–101, § 12, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96–254, title I, § 119(f), May 30, 1980, 94 Stat. 408.) Editorial Notes AMENDMENTS 1980—Subsec. (e)(2). Pub. L. 96–254 inserted reference to State-accredited institutions which have been in ex- istence for not less than two years. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Veterans’ Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits. § 912. Election Any employee who receives any assistance under section 909 or section 911 of this title or under an employee protection agreement en- tered into under section 908 of this title shall be deemed to waive any employee protection bene- fits otherwise available to such employee under the Bankruptcy Act, subtitle IV of title 49, or any applicable contract or agree

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