45 U.S.C. § 1007 — Election

(a) Assistance and waiver of other benefits. An employee who receives assistance under an employee-protection agreement or benefit schedule under section 1005, or new-career training assistance under section 1014, is treated as waiving any employee-protection benefits otherwise available under the Bankruptcy Act, subtitle IV of title 49, or an applicable contract or agreement. The exception is the agreement made in Washington, District of Columbia, on March 4, 1980, titled “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 a statement. A Rock Island Railroad^* employee entitled to assistance under this chapter must, no later than 120 days after the effective date of an agreement under section 1005(a) or a benefit schedule under section 1005(b), as applicable, file a statement with the Board saying whether the employee chooses—(1) assistance under this chapter; or (2) employee-protection benefits otherwise available under the Bankruptcy Act, subtitle IV of title 49, or an applicable contract or agreement.

(c) Priority and payment of protection benefits. For an employee choosing benefits under subsection (b)(2), nothing in this chapter determines or otherwise changes the priority, status, timing of payment, or liability for an employee-protection claim that might have existed without this chapter.

(d) Limit on eligibility for assistance. An employee may not receive any assistance, other than moving expenses, under an agreement or benefit schedule under section 1005, or new-career training assistance under section 1014—(1) while employed by a rail carrier providing temporary service over a Rock Island Railroad line; or (2) at any time after the employee receives an offer from a rail carrier acquiring Rock Island Railroad lines for employment in the employee’s craft for which the employee is qualified.