Title 45RailroadsRelease 119-73

§909 Supplementary unemployment insurance

Title 45 › Chapter CHAPTER 18— - MILWAUKEE RAILROAD RESTRUCTURING › § 909

Last updated Apr 6, 2026|Official source

Summary

Gives extra unemployment pay to certain Milwaukee Railroad workers who lose their jobs because of the railroad’s restructuring. To qualify, a worker must have been with the restructured Milwaukee Railroad and lost their job because service was cut before April 1, 1984, or must have been separated in a restructuring, taken a job with another rail carrier before April 1, 1981, and then been separated from that other carrier before April 1, 1984. A furlough counts as being separated. The pay is monthly while the worker is not employed by the Milwaukee Railroad or another rail carrier. The amount is 80% of the worker’s average monthly normal pay from June 1, 1977, to November 4, 1979, minus any Railroad Unemployment Insurance or state unemployment benefits and minus any earnings that month. A worker can get up to 36 months total, but not more months than they worked for the Milwaukee Railroad. No payments after April 1, 1984, unless needed to give the worker at least 8 months of benefits; after that date the 8-month minimum applies only if the worker is not employed continuously after that date. Workers who quit, retire, or are fired for cause are not eligible. A worker also loses eligibility if they did not use all seniority or other rights under collective bargaining or if the unemployment is due to normal railroad seasonal patterns. Applications must be filed with the Board in the time and way the Board requires. Payments count only as compensation for the Railroad Retirement Act and for base-year pay under the Railroad Unemployment Insurance Act.

Full Legal Text

Title 45, §909

Railroads — Source: USLM XML via OLRC

(a)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,
(b)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)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)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)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)(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)For purposes of this section, any employee of the Milwaukee Railroad who is furloughed shall be considered to be separated from his employment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Railroad Unemployment Insurance Act, referred to in subsecs. (c)(2) and (e)(2), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables. The Railroad Retirement Act of 1974, referred to in subsec. (e)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of this title. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of this title, section 231t of this title, and Tables. Codification Section is comprised of subsecs. (a) to (g) of section 10 of Pub. L. 96–101. Subsec. (h) of section 10 amended section 231f(b)(7) of this title.

Reference

Citations & Metadata

Citation

45 U.S.C. § 909

Title 45Railroads

Last Updated

Apr 6, 2026

Release point: 119-73