45 U.S.C. § 910 — Repealed. Pub. L. 97–35, title XI, § 1144(b),

Page 229 TITLE 45—RAILROADS § 911 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 supple- mentary 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 supple- mentary unemployment insurance during each month in which such employee is not employed, for all or a portion of such month, by the Mil- waukee 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 em- ployee’s total months of service with the Mil- waukee Railroad; and (2) no compensation shall be provided under this section after April 1, 1984, unless it is nec- essary 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 em- ployee on a monthly basis in an amount equal to— (1) eighty percent of such employee’s aver- age monthly normal compensation from em- ployment with the Milwaukee Railroad during the period beginning June 1, 1977, and ending on November 4, 1979, less (2) the sum of (A) the amount of any benefits payable to such employee for such month under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] or under any State unemployment insurance program, and (B) the amount of any earnings of such employee for such month from employment or self-employ- ment of any kind. (d) Filing of application An application for supplementary unemploy- ment insurance shall be filed with the Board in such time and manner as the Board by regula- tion shall prescribe. (e) Insurance as compensation Any supplementary unemployment insurance received by any employee pursuant to this sec- tion shall be considered to be compensation solely— (1) for purposes of the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); and (2) for purposes of determining the com- pensation received by such employee in any base year under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. (f) Employees not covered (1) The provisions of this section shall not apply to an employee in the event of his resigna- tion, retirement, or discharge for cause from the employment of any rail carrier. (2) An employee shall not be entitled to re- ceive supplementary unemployment insurance under this section if he has failed to exhaust all seniority rights or other employment rights under applicable collective bargaining agree- ments. (3) An employee shall not be entitled to re- ceive supplementary unemployment insurance under this section for any month or portion of a month in which such employee is unemployed due to normal seasonal unemployment patterns in the railroad industry. (g) Furloughed employees For purposes of this section, any employee of the Milwaukee Railroad who is furloughed shall be considered to be separated from his employ- ment. (Pub. L. 96–101, § 10(a)–(g), Nov. 4, 1979, 93 Stat. 741, 742.) Editorial Notes REFERENCES IN TEXT The Railroad Unemployment Insurance Act, referred to in subsecs. (c)(2) and (e)(2), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chap- ter 11 (§ 351 et seq.) of this title. For complete classi- fication of this Act to the Code, see section 367 of this title and Tables. The Railroad Retirement Act of 1974, referred to in subsec. (e)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, 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 section 231 of this title, section 231t of this title, and Tables. CODIFICATION Section is comprised of subsecs. (a) to (g) of section 10 of Pub. L. 96–101. Subsec. (h) of section 10 amended section 231f(b)(7) of this title. § 910. Repealed. Pub. L. 97–35, title XI, § 1144(b), Aug. 13, 1981, 95 Stat. 669 Section, Pub. L. 96–101, § 11, Nov. 4, 1979, 93 Stat. 742, set forth provisions respecting employment of Mil- waukee 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. § 911. New career training assistance (a) Eligible employees Any employee who elects to receive a separa- tion allowance from the Milwaukee Railroad under an employee protection agreement en- tered into under section 908 of this title 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 sec- tion, an employee must begin his course of training within two years following the date of his separation from employment with the Mil- waukee Railroad.