PUBLIC LAW 95-250—MAR. 27, 1978 (2) the number of weekly benefits payable in any calendar year shall not exceed the annual average number of weeks for which a seasonal employee received pay from an affected employer for work performed in the employee's occupation, as established by paragraph (1)(B), and shall be payable only during those weeks of each year determined by the Secretary to be the usual season for that occupation; (3) vacation pay and vacation pay increments shall be paid in the same amounts and at the same times of each year as they would have been paid had said employe© performed work during all of the time for which said employee receives layoff benefits. Such pay is referred to herein as "vacation replacement benefits". (d) Notwithstanding any other provision of this Act, the benefits for any affected employee who will reach the age of sixty on or before September 30, 1984, shall be extended after the end of the employee's period of protection (unless severance pay has been accepted) until the employee's sixty-fifth birthday, and shall be equal to said employee's weekly layoff benefit. (e) The benefit amount provided by this section for any week of total or partial layoff shall be reduced by— (1) the full amount of any earnings, including pay for time not worked with respect to the same week, from employment obtained pursuant to section 103, or employment by employers engaged in timber harvesting, or in related sawmill, plywood, and other wood processing operations; (2) 50 per centum of earnings and pay for time not worked from any other employer with respect to that week; and (3) the full amount of any unemployment compensation attributable to that week. SEC. 208. (a) An affected employee (other than a short-service employee described in subsection (a) of section 209) shall be paid severance pay in accordance with this section if said employee: (1) has been on a continuous layoff from employment with the employee's last affected employer for a period of at least twenty weeks subsequent to December 31, 1977; (2) has no definite recall date for work with the affected employer by whom the employee was laid off and no offer of suitable work by any affected employer; and (3) applies for severance pay during a week with respect to which said employee has not performed work for an affected employer: Provided, That this clause shall not result in denial of severance pay to an otherwise eligible employee who at the time of application is totally and permanently disabled as defined in the Social Security Act; or (4) was permanently separated from employment with an affected employer during the period beginning May 31, 1977, and ending on the date of enactment of this Act, as a result of the closure of the mill or plant in which said employee was employed and has not, since said separation, been employed by an affected employer. Provided, That an employee shall be deemed an affected employee for purposes of this section if said emplovee meets the requirements of clauses (1), (2), and (3) of section 204(b). (b) The amount of severance pay payable to an employee shall be computed by multiplying the applicable number of weeks determined in accordance with subsection (c) by the amount of the weekly layoff
92 STAT. 179
Elder employees, extension of protection period.
Benefit amount, reduction.
Severance pay, eligibility.
Severance pay, amount.
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