Sec. 108. election
405 words·~2 min read·
/statute-compilations/comps-1803/sec-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 108 election ###
(a)Any employee who receives any assistance under an employee protection agreement entered into or benefit schedule prescribed under section 106 of this title or any new career training assistance under section 119 of this title shall be deemed to waive any employee protection benefits otherwise available to such employee under the Bankruptcy Act, title 11 of the United States Code, subtitle IV of title 49 of the United States Code, or any applicable contract or agreement (other than as provided in the agreement entered into in Washington, District of Columbia, on March 4, 1980, entitled “Labor Protective Agreement Between Railroads Parties Hereto Involved in Midwest Rail Restructuring and Employees of Such Railroads Represented by the Rail Labor Organizations Operating Through the Railway Labor Executives' Association”). ###
(b)Any employee of the Rock Island Railroad who is entitled to receive assistance under this title shall, no later than 120 days after the effective date of any agreement entered into under section 106(a) of this title or of any benefit schedule prescribed under section 106(b) of this title, as the case may be, file a statement with the Board indicating whether such employee elects to receive
(1)assistance under this title; or
(2)any employee protection benefits otherwise available to such employee under the Bankruptcy Act, title 11, United States Code, subtitle IV of title 49, United States Code, or any applicable contract or agreement. ###
(c)With regard to any employee who elects benefits under subsection (b)(2) of this section, nothing in this title shall be deemed to determine or otherwise affect the priority, status, or timing of payment of, or the liability for any claim for, employee protection which might have existed in the absence of this title. ###
(d)An employee shall not be eligible to receive any assistance (other than moving expenses) under an employee protection agreement entered into or benefit schedule prescribed under section 106 of this title or any new career training assistance under section 119 of this title— ####
(1)during any period in which such employee is employed by any rail carrier providing temporary service over any lines of the Rock Island Railroad; or ####
(2)at any time after the date such employee receives an offer of employment, in his craft and for which such employee is qualified, from a rail carrier acquiring lines of the Rock Island Railroad. **[**[45 U.S.C. 1007](/us/usc/t45/s1007)**]**
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U.S. Code