§ 1007. Election
(a)
Assistance received under employee protection agreement; waiver of other employee protection benefits; exception
Any employee who receives any assistance under an employee protection agreement entered into or benefit schedule prescribed under section
1005 of this title or any new career training assistance under section
1014 of this title shall be deemed to waive any employee protection benefits otherwise available to such employee under the Bankruptcy Act, subtitle
IV of title
49 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)
Filing of statement
Any employee of the Rock Island Railroad who is entitled to receive assistance under this chapter shall, no later than 120 days after the effective date of any agreement entered into under section
1005
(a) of this title or of any benefit schedule prescribed under section
1005
(b) of this title, as the case may be, file a statement with the Board indicating whether such employee elects to receive
(2)
any employee protection benefits otherwise available to such employee under the Bankruptcy Act, subtitle
IV of title
49, or any applicable contract or agreement.
(c)
Effect on priority, timing, etc., of employee protection payments
With regard to any employee who elects benefits under subsection (b)(2) of this section, nothing in this chapter 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 chapter.
(d)
Limitation on assistance eligibility
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
1005 of this title or any new career training assistance under section
1014 of this title—