45 U.S.C. § 1206 — Employees of Alaska Railroad

Page 255 TITLE 45—RAILROADS § 1206 title for damage resulting from use by the State of the land under such license in a manner not authorized by such license. (Pub. L. 97–468, title VI, § 606(a)–(c), (e), Jan. 14, 1983, 96 Stat. 2564–2566, 2571; Pub. L. 98–620, title IV, § 402(52), Nov. 8, 1984, 98 Stat. 3361.) Editorial Notes REFERENCES IN TEXT Section 12 of the Act of January 2, 1976, as amended, referred to in subsecs. (a)(1), (4) and (b)(3), is section 12 of Pub. L. 94–204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note under section 1611 of Title 43, Public Lands. Section 12(b)(8)(i)(D) of such Act as amended by subsection (d)(5) of this section is the amendment of subsection (b)(8)(i)(D) of section 12 of Pub. L. 94–204 by section 606(d)(5) of Pub. L. 97–468, title VI, Jan. 14, 1983, 96 Stat. 2566. The Alaska National Interest Lands Conservation Act, referred to in subsecs. (a)(2) and (c), is Pub. L. 96–497, Dec. 2, 1980, 94 Stat. 2371. Sections 1425, 1429, and 1430 of the Act (94 Stat. 2515, 2531) were not classified to the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables. CODIFICATION Section is comprised of subsecs. (a)–(c) and (e) of sec- tion 606 of Pub. L. 97–468. Subsec. (d) of section 606 of Pub. L. 97–468 amended section 12 of Pub. L. 94–204, which is set out as a note under section 1611 of Title 43, Public Lands. AMENDMENTS 1984—Subsec. (c)(1). Pub. L. 98–620 struck out provi- sion that required review of agency action pursuant to this chapter to be expedited to same extent as expe- dited review provided by section 1108 of the Alaska Na- tional Interest Lands Conservation Act (16 U.S.C. 3168). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judici- ary and Judicial Procedure. § 1206. Employees of Alaska Railroad (a) Coverage under Federal civil service retire- ment laws; election, funding, nature of bene- fits, etc., for employees transferring to State- owned railroad; voluntary separation incen- tives (1) Any employees who elect to transfer to the State-owned railroad and who on the day before the date of transfer are subject to the civil serv- ice retirement law (subchapter III of chapter 83 of title 5) shall, so long as continually employed by the State-owned railroad without a break in service, continue to be subject to such law, ex- cept that the State-owned railroad shall have the option of providing benefits in accordance with the provisions of paragraph (2) of this sub- section. Employment by the State-owned rail- road without a break in continuity of service shall be considered to be employment by the United States Government for purposes of sub- chapter III of chapter 83 of title 5. The State- owned railroad shall be the employing agency for purposes of section 8334(a) of title 5 and shall contribute to the Civil Service Retirement and Disability Fund a sum as provided by such sec- tion, except that such sum shall be determined by applying to the total basic pay (as defined in section 8331(3) of title 5) paid to the employees of the State-owned railroad who are covered by the civil service retirement law, the per centum rate determined annually by the Director of the Office of Personnel Management to be the excess of the total normal cost per centum rate of the civil service retirement system over the em- ployee deduction rate specified in section 8334(a) of title 5. The State-owned railroad shall pay into the Federal Civil Service Retirement and Disability Fund that portion of the cost of ad- ministration of such Fund which is dem- onstrated by the Director of the Office of Per- sonnel Management to be attributable to its em- ployees. (2) At any time during the two-year period commencing on the date of transfer, the State- owned railroad shall have the option of pro- viding to transferred employees retirement ben- efits, reflecting prior Federal service, in or sub- stantially equivalent to benefits under the re- tirement program maintained by the State for State employees. If the State decides to provide benefits under this paragraph, the State shall provide such benefits to all transferred employ- ees, except those employees who will meet the age and service requirements for retirement under section 8336(a), (b), (c) or (f) of title 5 within five years after the date of transfer and who elect to remain participants in the Federal retirement program. (3) If the State provides benefits under para- graph (2) of this subsection— (A) the provisions of paragraph (1) of this subsection regarding payments into the Civil Service Retirement and Disability Fund for those employees who are transferred to the State program shall have no further force and effect (other than for employees who will meet the age and service requirements for retire- ment under section 8336(a), (b), (c) or (f) of title 5 within five years after the date of transfer and who elect to remain participants in the Federal retirement program); and (B) all of the accrued employee and em- ployer contributions and accrued interest on such contributions made by and on behalf of the transferred employees during their prior Federal service (other than amounts for em- ployees who will meet the age and service re- quirements for retirement under section 8336(a), (b), (c) or (f) of title 5 within five years after the date of transfer and who elect to re- main participants in the Federal retirement program) shall be withdrawn from the Federal Civil Service Retirement and Disability Fund and shall be paid into the retirement fund uti- lized by the State-owned railroad for the transferred employees, in accordance with the provisions of paragraph (2) of this subsection. Upon such payment, credit for prior Federal service under the Federal civil service retire- ment system shall be forever barred, notwith- standing the provisions of section 8334 of title 5. (4)(A) The State-owned railroad shall be in- cluded in the definition of ‘‘agency’’ for purposes of section 3(a), (b), (c), and (e) of the Federal Page 256 TITLE 45—RAILROADS § 1207 Workforce Restructuring Act of 1994 and may elect to participate in the voluntary separation incentive program established under such Act. Any employee of the State-owned railroad who meets the qualifications as described under the first sentence of paragraph (1) shall be deemed an employee under such Act. (B) An employee who has received a voluntary separation incentive payment under this para- graph and accepts employment with the State- owned railroad within 5 years after the date of separation on which payment of the incentive is based shall be required to repay the entire amount of the incentive payment unless the head of the State-owned railroad determines that the individual involved possesses unique abilities and is the only qualified applicant available for the position. (b) Coverage for employees not transferring to State-owned railroad Employees of the Alaska Railroad who do not transfer to the State-owned railroad shall be en- titled to all of the rights and benefits available to them under Federal law for discontinued em- ployees. (c) Rights and benefits of transferred employees whose employment with State-owned rail- road is terminated Transferred employees whose employment with the State-owned railroad is terminated during the two-year period commencing on the date of transfer shall be entitled to all of the rights and benefits of discontinued employees that such employees would have had under Fed- eral law if their termination had occurred im- mediately before the date of the transfer, except that financial compensation paid to officers of the Alaska Railroad shall be limited to that compensation provided pursuant to section 1203(d)(3)(E) of this title. Such employees shall also be entitled to seniority and other benefits accrued under Federal law while they were em- ployed by the State-owned railroad on the same basis as if such employment had been Federal service. (d) Lump-sum payment for unused annual leave for employees transferring to State-owned railroad Any employee who transfers to the State- owned railroad under this chapter shall not be entitled to lump-sum payment for unused an- nual leave under section 5551 of title 5, but shall be credited by the State with the unused annual leave balance at the time of transfer. (e) Continued coverage for certain employees and annuitants in Federal health benefits plans and life insurance plans (1) Any person described under the provisions of paragraph (2) may elect life insurance cov- erage under chapter 87 of title 5 and enroll in a health benefits plan under chapter 89 of title 5 in accordance with the provisions of this sub- section. (2) The provisions of paragraph (1) shall apply to any person who— (A) on March 30, 1994, is an employee of the State-owned railroad; (B) has 20 years or more of service (in the civil service as a Federal employee or as an employee of the State-owned railroad, com- bined) on the date of retirement from the State-owned railroad; and (C)(i) was covered under a life insurance pol- icy pursuant to chapter 87 of title 5 on Janu- ary 4, 1985, for the purpose of electing life in- surance coverage under the provisions of para- graph (1); or (ii) was enrolled in a health benefits plan pursuant to chapter 89 of title 5 on January 4, 1985, for the purpose of enrolling in a health benefits plan under the provisions of para- graph (1). (3) For purposes of this section, any person de- scribed under the provisions of paragraph (2) shall be deemed to have been covered under a life insurance policy under chapter 87 of title 5 and to have been enrolled in a health benefits plan under chapter 89 of title 5 during the period beginning on January 5, 1985, through the date of retirement of any such person. (4) The provisions of paragraph (1) shall not apply to any person described under paragraph (2) until the date such person retires from the State-owned railroad. (Pub. L. 97–468, title VI, § 607, Jan. 14, 1983, 96 Stat. 2571; Pub. L. 100–238, title I, § 136(a), Jan. 8, 1988, 101 Stat. 1766; Pub. L. 103–226, § 10, Mar. 30, 1994, 108 Stat. 122.) Editorial Notes REFERENCES IN TEXT The Federal Workforce Restructuring Act of 1994, re- ferred to in subsec. (a)(4)(A), is Pub. L. 103–226, Mar. 30, 1994, 108 Stat. 111. Section 3 of the Act is set out as a note under section 5597 of Title 5, Government Organi- zation and Employees. For complete classification of this Act to the Code, see Short Title of 1994 Amend- ment note set out under section 2101 of Title 5 and Ta- bles. AMENDMENTS 1994—Subsec. (a)(4). Pub. L. 103–226, § 10(a), added par. (4). Subsec. (e). Pub. L. 103–226, § 10(b), added subsec. (e) and struck out former subsec. (e) which related to con- tinued coverage for certain employees and annuitants in Federal health benefits and life insurance plans. 1988—Subsec. (e). Pub. L. 100–238 added subsec. (e). Statutory Notes and Related Subsidiaries ADMINISTRATIVE PROVISION Pub. L. 100–238, title I, § 136(b), Jan. 8, 1988, 101 Stat. 1767, provided that: ‘‘Within 180 days after the date of enactment of this section [Jan. 8, 1988], the Director of the Office of Personnel Management shall notify any person described under the provisions of section 607(e)(2)(A) of such Act [45 U.S.C. 1206(e)(2)(A)], for the purpose of the election of a life insurance policy or the enrollment in a health benefits plan pursuant to the provisions of section 607(e)(1) of the Alaska Railroad Transfer Act of 1982 [45 U.S.C. 1206(e)(1)] (as amended by subsection (a) of this section).’’ § 1207. State operation (a) Laws, authorities, etc., applicable to State- owned railroad with status as rail carrier en- gaged in interstate and foreign commerce (1) After the date of transfer to the State pur- suant to section 1203 of this title, the State-