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U.S. Code as of:
01/19/04
Section 1007. Election
(a) Assistance received under employee protection agreement; waiver
of other employee protection benefits; exception
Any employee who receives any assistance under an employee
protection agreement entered into or benefit schedule prescribed
under section 1005 of this title or any new career training
assistance under section 1014 of this title 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 (other than as provided in the
agreement entered into in Washington, District of Columbia, on
March 4, 1980, entitled "Labor Protective Agreement Between
Railroads Parties Hereto Involved in Midwest Rail Restructuring and
Employees 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 effective date of any agreement entered into under
section 1005(a) of this title or of any benefit schedule prescribed
under section 1005(b) of this title, as the case may be, file a
statement with the Board indicating whether such employee 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 benefits under subsection
(b)(2) of this section, nothing in this chapter shall be deemed to
determine or otherwise affect the priority, status, or timing of
payment of, or the liability for any claim for, employee protection
which might have existed 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
entered into or benefit schedule prescribed under section 1005 of
this title or any new career training assistance under section 1014
of this title -
(1) during any period in which such employee is employed by any
rail carrier providing 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 Island
Railroad.
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