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45 U.S.C. § 909Supplementary unemployment insurance

submitted 47 years ago by Pub. L. 96-101 to r/title-45-RAILROADS · 598 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section provides supplementary unemployment insurance to certain Milwaukee Railroad employees separated because of restructuring or service reductions. It sets the payment period and amount, application rules, exclusions, and seasonal-unemployment and furlough rules.

(a) An employee qualifies if the employee works for the restructured Milwaukee Railroad and is separated because of a service reduction before April 1, 1984, or is separated from employment with the Milwaukee Railroad in connection with a restructuring transaction carried out by the railroad, obtains another rail-carrier job before April 1, 1981, and is separated from that job before April 1, 1984. (b) The employee receives monthly insurance for each month or part of a month not employed by the Milwaukee Railroad or another rail carrier, for no more than 36 months. Entitlement cannot exceed total Milwaukee Railroad service months. No payment is made after April 1, 1984, unless needed to provide at least eight months; after that date, the minimum applies only if the employee is not continuously employed. (c) Monthly insurance equals 80% of average monthly normal Milwaukee Railroad compensation from June 1, 1977, through November 4, 1979, minus Railroad Unemployment Insurance Act or State unemployment benefits and all employment or self-employment earnings for that month. (d) Applications must be filed with the Board as its regulations require. (e) Insurance counts as compensation only for the Railroad Retirement Act of 1974 and for calculating a base year under the Railroad Unemployment Insurance Act. (f) The section does not apply after resignation, retirement, or discharge for cause; no benefit is available until seniority and other collective-bargaining employment rights are exhausted; and no benefit is available for normal seasonal railroad unemployment. (g) A furloughed Milwaukee Railroad employee is treated as separated.
the actual law source: uscode.house.gov ↗public domain
(a) Eligible employees

Any employee of the Milwaukee Railroad

(1)

who (A) is employed by the restructured Milwaukee Railroad, and (B) is separated from that employment by reason of any reduction in service by such railroad prior to April 1, 1984; or

(2)

who (A) is separated from his employment with the Milwaukee Railroad in connection with a restructuring transaction carried 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 supplementary 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 supplementary unemployment insurance during each month in which such employee is not employed, for all or a portion of such month, by the Milwaukee 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 employee’s total months of service with the Milwaukee Railroad; and

(2)

no compensation shall be provided under this section after April 1, 1984, unless it is necessary 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 employee on a monthly basis in an amount equal to—

(1)

eighty percent of such employee’s average monthly normal compensation from employment 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-employment of any kind.

(d) Filing of application

An application for supplementary unemployment insurance shall be filed with the Board in such time and manner as the Board by regulation shall prescribe.

(e) Insurance as compensation

Any supplementary unemployment insurance received by any employee pursuant to this section 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 compensation 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 resignation, retirement, or discharge for cause from the employment of any rail carrier.

(2)

An employee shall not be entitled to receive supplementary unemployment insurance under this section if he has failed to exhaust all seniority rights or other employment rights under applicable collective bargaining agreements.

(3)

An employee shall not be entitled to receive 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 employment.

Source credit: (Pub. L. 96–101, § 10(a)–(g), Nov. 4, 1979, 93 Stat. 741, 742.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-101 · 93 Stat. 741, 742

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-101 on 1979-11-04.

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