Page:United States Statutes at Large Volume 98 Part 1.djvu/948

 98 STAT. 900

PUBLIC LAW 98-369—JULY 18, 1984 SEC. 559. TELECOMMUNICATION EMPLOYEES.

(a) EMPLOYEE PROTECTION.—Notwithstanding any provisions of the divestiture interchange agreement to the contrary, in the case of any change in employment on or after January 1, 1985, by a covered employee, the recognition of service credit, and enforcement of such recognition, shall be governed in the same manner and to same extent as provided under the divestiture interchange agreement for a change in employment by a covered employee during calendar year 1984. (b) EMPLOYEES COVERED.—For purposes of this section, a covered employee is an individual— (1) who is an employee of an entity subject to the modified final judgment, (2) who is serving in an eligible position, and (3) who— (A) on December 31, 1983, was an employee of any such entity serving in an eligible position, or (B) was a former employee with rehire or recall rights on such date and is rehired during the period of the employee's rehire or recall rights. (c) DEFINITIONS.—For purposes of this section— (1) The term "service credit" means service credit for benefit accrual, vesting, and eligibility for benefits under any pension plan, or any other employee benefits, including the interchange and treatment of associated benefit obligations and assets. (2) The term "change in employment" means the commencement of employment of a covered employee by an entity subject to the modified final judgment after the termination of employment (with or without break in service) of such individual from an eligible position within another entity subject to the modified final judgment. (3) The term "eligible position" means any position (A) which is not a supervisory position, within the meaning of section 2(11) of the National Labor Relations Act (29 U.S.C. 152(11)) or (B) the annual base pay rate for which is not more than $50,000, adjusted by the percentage increase in the consumer price index since December 31, 1983. (4) The term "modified final judgment" means the judgment of the United States District Court for the District of Columbia in the case. United States against Western Electric, et alia, No. 82-0192, as modified. (5) The term "entity subject to the modified final judgment" means— (A) any carrier divested as a result of the modified final judgment, (B) the corporation owning such carrier before divestiture, (C) any other communications common carrier owned, in whole or in part, by such corporation on December 31, 1983, or imi J' • »!.: ^^^ ^^y I n t e r c h a n g e Company (as defined in the divesti^jocf ture interchange agreement) excluding any subsidiary of such company other than any such subsidiary— ,.;C: (i) which was established as of December 31, 1983, and
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