45 U.S.C. § 909: Supplementary unemployment insurance

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 April 1, 1984 ; or 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 April 1, 1981 , with another rail carrier, and (B) is separated from employment with such other carrier prior to April 1, 1984 , 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 April 1, 1984 , unless it is necessary in order to provide an employee with at least 8 months of such insurance, but after such date, such employee only shall receive such 8-month minimum if such employee is not employed continuously after such date. eighty percent of such employee’s average monthly normal compensation from employment with the Milwaukee Railroad during the period beginning June 1, 1977 , and ending on November 4, 1979 , less 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. An application for supplementary unemployment insurance shall be filed with the Board in such time and manner as the Board by regulation shall prescribe. 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.]. 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. For purposes of this section, any employee of the Milwaukee Railroad who is furloughed shall be considered to be separated from his employment.