45 U.S.C. § 909 : US Code - Section 909: Supplementary unemployment insurance

Search 45 U.S.C. § 909 : US Code - Section 909: Supplementary unemployment insurance

(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.