Page:United States Statutes at Large Volume 100 Part 3.djvu/95

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 1903

SEC. 4024. PROVISIONS FOR EMPLOYEES. (a) TRANSITIONAL EMPLOYEE PROTECTION.—Section 701(d)(2) of the

Regional Rail Reorganization Act of 1973 (45 U.S.C. 797(d)(2)) is amended to read as follows: "(2) Notwithstanding any other provision of law— ^ "(A) upon exhaustion of appropriated funds available for '' ' • " * ^ payment of benefits or expenses of administration of the Railroad Retirement Board (hereafter in this section referred to as the 'Board') under this section, or on the expiration of 60 days after the date of enactment of the Conrail Privatization Act, whichever first occurs, the United States shall have no further liability under this section, but the Corporation shall— "(i) as agent for the Board, pay benefits under this sec.. 'S'.' ^ *' . tion, without reimbursement, in such amounts and to such eligible employees as the Board shall designate, subject to the limitations prescribed in the benefit schedules issued under subsection (a); and "(ii) on a periodic basis determined by the Board, advance to the Board its necessary expenses of administration, including expenses reasonably required for close-out of the program of labor protection under this section and for f technical transition to the program of labor protection required by the Conrail Privatization Act, which advances shall be made without reimbursement. "(B) The Corporation shall promptly honor the Board's requests for advances under this paragraph as due and payable .sbiossll liquidated debts, subject to later adjustment after audit by the Inspector General of the Board. The Board is authorized to receive and apply Corporation funds advanced under this paragraph for administration of this section and to refund to the Corporation any excess administrative funds advanced by the Corporation. "(C) The Corporation shall be deemed subrogated to the right of the Board to recover any benefit paid by the Corporation as  -*S^I Si agent for the Board that was improvidently paid under this paragraph, and the Board shall cooperate with the Corporation in its effort to recover any such payment; but the Corporation shall have no claim against the Board for such payment, and the Board shall not be made a real party in interest to any i^.' lawsuit or to any proceeding with respect to recovery of such payment. "(D) Benefits provided by the Corporation, as agent for the Board, shall, for purposes of this title, be deemed to have been made available under section 713 of this title.". 45 USC 797/. (b) DISPUTE RESOLUTION.—Section 701 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797) is further amended by adding at the end thereof a new subsection as follows: "(e) DISPUTE RESOLUTION.—Any dispute or controversy regarding eligibility for benefits under this section shall be determined under such procedures as the Board may by regulation prescribe. Subject to administrative reconsideration by the Board under its own procedures, findings of fact and conclusions of law of the Board in determination of any claim for such benefits shall, in the absence of fraud or an action exceeding the Board's jurisdiction, be binding and conclusive for all purposes and shall not be subject to review in any manner. For purposes of administration of this section, the adminis-

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