45 U.S.C. § 1006 — Repealed. Pub. L. 97–35, title XI, § 1144(b),

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 court. Subsec. (e). Pub. L. 96–448 reenacted subsec. (e) with- out change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–448 effective Oct. 14, 1980, see section 710(d) of Pub. L. 96–448, set out as a note under section 1170 of Title 11, Bankruptcy. § 1006. Repealed. Pub. L. 97–35, title XI, § 1144(b), Aug. 13, 1981, 95 Stat. 669 Section, Pub. L. 96–254, title I, § 107, May 30, 1980, 94 Stat. 402, set forth provisions respecting employment of Rock Island Railroad employees. See section 797c of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as an Effective Date note under section 1101 of this title. § 1007. Election (a) Assistance received under employee protec- tion agreement; waiver of other employee protection benefits; exception Any employee who receives any assistance under an employee protection agreement en- tered into or benefit schedule prescribed under section 1005 of this title or any new career train- ing assistance under section 1014 of this title shall be deemed to waive any employee protec- tion benefits otherwise available to such em- ployee under the Bankruptcy Act, subtitle IV of title 49 or any applicable contract or agreement (other than as provided in the agreement en- tered into in Washington, District of Columbia, on March 4, 1980, entitled ‘‘Labor Protective Agreement Between Railroads Parties Hereto Involved in Midwest Rail Restructuring and Em- ployees 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 ef- fective date of any agreement entered into under section 1005(a) of this title or of any ben- efit schedule prescribed under section 1005(b) of this title, as the case may be, file a statement with the Board indicating whether such em- ployee 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 bene- fits under subsection (b)(2) of this section, noth- ing in this chapter shall be deemed to determine or otherwise affect the priority, status, or tim- ing of payment of, or the liability for any claim for, employee protection which might have ex- isted 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 en- tered into or benefit schedule prescribed under section 1005 of this title or any new career train- ing assistance under section 1014 of this title— (1) during any period in which such em- ployee is employed by any rail carrier pro- viding 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 Is- land Railroad. (Pub. L. 96–254, title I, § 108, May 30, 1980, 94 Stat. 402; Pub. L. 96–448, title VII, § 701(b)(2), Oct. 14, 1980, 94 Stat. 1960; Pub. L. 97–468, title II, § 232, Jan. 14, 1983, 96 Stat. 2547.) Editorial Notes REFERENCES IN TEXT The Bankruptcy Act, referred to in subsecs. (a) and (b), is act July 1, 1898, ch. 541, 30 Stat. 544, which was classified generally to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, 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. This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this title’’, meaning title I (§ 101 et seq.) of Pub. L. 96–254, May 30, 1980, 94 Stat. 399, 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 section 1001 of this title and Tables.