Page:United States Statutes at Large Volume 108 Part 2.djvu/442

 108 STAT. 1158 PUBLIC LAW 103-272—JULY 5, 1994 Regulations. in the number of full-time employees of an air carrier within a 12-month period, except for employees deprived of employ- ment because of a strike or whose employment is ended for cause. (3) "protected employee" means an individual who on October 24, 1978, had been employed for at least 4 years by an air carrier that held a certificate under section 401 of the Federal Aviation Act of 1958, but does not include a director or officer of a corporation. (4) "qualifying dislocation" means a bankruptcy or major contraction of an air carrier holding a certificate under section 41102 of this title when the Secretary of Transportation finds the bankruptcy or contraction occurred after December 31, 1978, and before January 1, 1989, the major cause of which was the change in regulatory structure provided by the Airline Deregulation Act of 1978. (b) MAJOR CONTRACTION. —The Secretary may find a reduction of less than 7.5 percent of the number of full-time employees is part of a major contraction if the Secretary decides smother reduction is likely to occur within the 12-month period in which the first reduction occurs that, when included with the first reduction, will result in a total reduction of more than 7.5 percent. § 42102. Payments to eligible protected employees (a) AUTHORITY TO PAY AND APPLICATIONS FOR PAYMENTS.— Subject to amounts provided in an appropriation law, the Secretary of Labor shall make monthly assistance payments, moving expense payments, and reimbursement payments as provided under this section to an eligible protected employee whose employment is not ended for cause. The employee must apply to receive the pay- ments and cooperate with the Secretary in finding other employ- ment. (b) NUMBER AND AMOUNT OF PAYMENTS.— (1) Subject to amounts provided in an appropriation law, an eligible protected employee shall receive 72 monthly assistance payments. However, an eligible protected employee deprived of employment may not receive a payment after obtaining other employment. For each class or craft of protected employees, the Secretary of Labor, after consulting with the Secretary of Transportation, shall prescribe by regulation guidelines for computing the amount of each monthly assistance payment to be made to a member of the class or craft and what percentage of salary that payment represents. (2) The amount of a monthly payment payable under paragraph (1) of this subsection to an eligible protected employee shall be reduced— (A) by unemployment compensation the employee receives; or (B) if the employee does not accept reasonably comparable employment, to an amount the employee would be entitled to receive if the employee had accepted the employment. (3) If accepting comparable employment to avoid a reduction in the monthly assistance payment under paragraph (2) of this subsection would force an eligible protected employee to relocate, the employee may decide not to relocate. Instead of the payments provided under this section, the employee may receive the lesser of 3 payments or the maximum number of payments that remain to be paid under paragraph (1) of this subsection.

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