Page:United States Statutes at Large Volume 93.djvu/774

 93 STAT. 742

45 USC 367.

PUBLIC LAW 96-101—NOV. 4, 1979 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 the date of enactment of this Act, less (2) the sum of (A) the amount of any benefits payable to such employee for such month under the Railroad Unemployment Insurance Act 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.231etseq.);and (2) for purposes of determining the compensation received by such employee in any base year under the Railroad Unemployment Insurance Act. (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. (h) The first sentence of section 7(b)(7) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(7) is amended— (1) by striking out "The" and inserting "Notwithstanding any other provision of law, the" in lieu thereof; and (2) by inserting "and the Milwaukee Railroad Restructuring Act" immediately before the period at the end thereof. EMPLOYMENT OF MILWAUKEE RAILROAD EMPLOYEES

45 USC 910.

SEC. U. (a) The Board shall prepare and maintain—

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