Supplementary unemployment insurance
Eligible employees
Any employee of the Milwaukee Railroad—
who (A) is employed by the restructured Milwaukee Railroad, and (B) is separated from that employment by reason of any reduction in service by such railroad prior to
who (A) is separated from his employment with the Milwaukee Railroad in connection with a restructuring transaction carried out by such railroad, and obtains employment, prior to
shall be entitled to receive monthly supplementary unemployment insurance in accordance with the provisions of this section.
Period of payment
Each employee described in subsection (a) of this section shall be entitled to receive supplementary unemployment insurance during each month in which such employee is not employed, for all or a portion of such month, by the Milwaukee Railroad or another rail carrier. Each such employee shall be entitled to receive such insurance for a total of not more than 36 months, except that—
the period of entitlement for assistance under this section shall not exceed the employee’s total months of service with the Milwaukee Railroad; and
no compensation shall be provided under this section after
Amount of payment
Supplementary unemployment insurance under this section shall be payable to an employee on a monthly basis in an amount equal to—
eighty percent of such employee’s average monthly normal compensation from employment with the Milwaukee Railroad during the period beginning
the sum of (A) the amount of any benefits payable to such employee for such month under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.] 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.
Filing of application
Insurance as compensation
Any supplementary unemployment insurance received by any employee pursuant to this section shall be considered to be compensation solely—
for purposes of the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); and
for purposes of determining the compensation received by such employee in any base year under the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.].
Employees not covered
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.
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.
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.