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

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. 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 agreement. (Pub. L. 96–101, § 13, Nov. 4, 1979, 93 Stat. 743.) Editorial Notes REFERENCES IN TEXT Section 909 of this title, referred to in text, was in the original ‘‘section 10’’, meaning section 10 of Pub. L. 96–101, Nov. 4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are classified to section 909 of this title. Sub- sec. (h) of section 10 amended section 231f(b)(7) of this title. The Bankruptcy Act, referred to in text, is act July 1, 1898, ch. 541, 30 Stat. 544, which was classified gen- erally to former Title 11, Bankruptcy. The Act was re- pealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which en- acted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11. § 913. Authorization of appropriations (a) There is authorized to be appropriated to provide supplementary unemployment insurance under section 909 of this title not to exceed $5,000,000. (b) There is authorized to be appropriated for new career training assistance under section 911 of this title not to exceed $1,500,000. (c) There is authorized to be appropriated to the Board to carry out its administrative ex- penses under this chapter and the Rock Island Railroad Transition and Employee Assistance Act [45 U.S.C. 1001 et seq.] not to exceed $750,000. Effective October 1, 1980, there is authorized to be appropriated to the Board an additional $1,000,000 to carry out its administrative ex- penses under this chapter and the Rock Island Railroad Transition and Employee Assistance Act [45 U.S.C. 1001 et seq.]. (d) There are authorized to be appropriated $15,000,000 for purposes of providing transaction assistance in accordance with section 825(h)(1)(A) and (B) of this title. (e) Amounts appropriated under this section are authorized to remain available until ex- pended. (Pub. L. 96–101, § 14, Nov. 4, 1979, 93 Stat. 743; Pub. L. 96–254, title I, § 109, May 30, 1980, 94 Stat. 403; Pub. L. 96–448, title VII, § 701(c)(2), Oct. 14, 1980, 94 Stat. 1961; Pub. L. 97–468, title II, § 234(b), Jan. 14, 1983, 96 Stat. 2547.) Editorial Notes REFERENCES IN TEXT Section 909 of this title, referred to in subsec. (a), was in the original ‘‘section 10’’, meaning section 10 of Pub. L. 96–101, Nov. 4, 1979, 93 Stat. 741. Subsecs. (a) to (g) of section 10 are classified to section 909 of this title. Sub- sec. (h) of section 10 amended section 231f(b)(7) of this title. The Rock Island Railroad Transition and Employee Assistance Act, referred to in subsec. (c), is title I of Pub. L. 96–254, May 30, 1980, 94 Stat. 399, which is classi- fied principally to chapter 19 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. Section 825 of this title, referred to in subsec. (d), was repealed by Pub. L. 105–178, title VII, § 7203(a)(2), June 9, 1998, 112 Stat. 477. AMENDMENTS 1983—Subsec. (b). Pub. L. 97–468 struck out provision that, effective Oct. 1, 1980, there was authorized to be appropriated an additional $1,500,000 for new career training assistance under section 911 of this title and section 1014 of this title. 1980—Subsec. (b). Pub. L. 96–254, § 109(b), inserted pro- visions authorizing an appropriation of an additional $1,500,000, effective Oct. 1, 1980, for career training as- sistance under section 911 of this title and section 1014 of this title. Subsec. (c). Pub. L. 96–254, § 109(a), inserted provisions authorizing the use of previously appropriated funds to carry out administrative expenses under the Rock Is- land Railroad Transition and Employee Assistance Act and authorizing an appropriation of an additional $1,000,000, effective Oct. 1, 1980, to carry out administra- tive expenses under this chapter and the Rock Island Railroad Transition and Employee Assistance Act. Subsecs. (d), (e). Pub. L. 96–448 added subsec. (d) and redesignated former subsec. (d) as (e). 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.