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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 45 U.S.C. § 797d Election and treatment of benefits us united_states_code code_section 45 RAILROADS 16 REGIONAL RAIL REORGANIZATION 797d 45 U.S.C. § 797d current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc45@119-100.zip /us/usc/t45/s797d data/legal/raw/us/code/title-45/usc45.xml 565a6239e0c0f6987a1cfb8945fb44ebdd464e854f79762e59ea15228f38f178 6ff04cb352e22f8a18f24c94e9adb8036909cf2a75f41489d768a5934fb9667c c84a7524e77a72440437bfe236f23d4524889afeb2f4279f0d9acb0842aaf19a 2026-07-04 official
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45 U.S.C. § 797d - Election and treatment of benefits

Text

(a) Election (1) Any employee who accepts any benefits under an agreement entered into under section 797 11 See References in Text note below. of this title or a termination allowance under section 797a of this title, shall, except as provided in paragraph (2) of this subsection, be deemed to waive any employee protection benefits otherwise available under any other provision of law or any contract or agreement in effect on August 13, 1981, except benefits under sections 797b and 797c of this title, and shall be deemed to waive any cause of action for any alleged loss of benefits resulting from the provisions of or the amendments made by the Northeast Rail Service Act of 1981.

(2) Nothing in paragraph (1) of this subsection shall affect the right of any employee described in such paragraph to benefits under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.] or the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].

(b) Treatment of benefits Any benefits received by an employee under an agreement entered into pursuant to section 797 1 of this title and any termination allowance received under section 797a of this title shall be considered compensation solely for purposes of—

(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); and

(2) determining the compensation received by such employee in any base year under the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).

(Pub. L. 93236, title VII, § 705, as added Pub. L. 9735, title XI, § 1143(a), Aug. 13, 1981, 95 Stat. 664.)

Notes

Editorial Notes

References in TextSection 797 of this title, referred to in subsecs. (a)(1) and (b), was repealed by Pub. L. 99509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 1987). The Northeast Rail Service Act of 1981, referred to in subsec. (a)(1), is subtitle E (§§ 11311169) of title XI of Pub. L. 9735, Aug. 13, 1981, 95 Stat. 643. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. The Railroad Retirement Act of 1974, referred to in subsecs. (a)(2) and (b)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93445, title I, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of this title. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of this title, section 231t of this title, and Tables. The Railroad Unemployment Insurance Act, referred to in subsecs. (a)(2) and (b)(2), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of this title. For complete classification of this Act to the Code, see section 367 of this title and Tables.