PRIA, Government Policy, Made Personal

Summary

If an employee accepts benefits under a section 797 agreement or the termination payment under section 797a, the employee gives up other employee-protection benefits from any law or any contract that was in effect on August 13, 1981, except for benefits under sections 797b and 797c. The employee also gives up any legal claim saying those losses came from the changes made by the Northeast Rail Service Act of 1981. That waiver does not change the employee’s right to benefits under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) or the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). Benefits from a section 797 agreement or the section 797a termination payment count as “compensation” only for two purposes: the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) and for figuring the employee’s base‑year earnings under the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).

Title 45, §797d

Railroads, Source: USLM XML via OLRC

(a)Election

(1)Any employee who accepts any benefits under an agreement entered into under section 797 of this title or a termination allowance under section 797a of this title, shall, except as provided in paragraph (2) of this subsection, be deemed to waive any employee protection benefits otherwise available under any other provision of law or any contract or agreement in effect on August 13, 1981, except benefits under section 797b and 797c of this title, and shall be deemed to waive any cause of action for any alleged loss of benefits resulting from the provisions of or the amendments made by the Northeast Rail Service Act of 1981.

(2)Nothing in paragraph (1) of this subsection shall affect the right of any employee described in such paragraph to benefits under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.] or the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].

(b)Treatment of benefits

Any benefits received by an employee under an agreement entered into pursuant to section 797 1 of this title and any termination allowance received under section 797a of this title shall be considered compensation solely for purposes of— (1)

(2)determining the compensation received by such employee in any base year under the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 797 of this title, referred to in subsecs. (a)(1) and (b), was repealed by Pub. L. 99–509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 1987). The Northeast Rail Service Act of 1981, referred to in subsec. (a)(1), is subtitle E (§§ 1131–1169) of title XI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 643. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of this title and Tables. The Railroad Retirement Act of 1974, referred to in subsecs. (a)(2) and (b)(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. The Railroad Unemployment Insurance Act, referred to in subsecs. (a)(2) and (b)(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.

§797d Election and Treatment of Benefits