Page:United States Statutes at Large Volume 92 Part 1.djvu/229

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-250—MAR. 27, 1978

92 STAT. 175

as calculated pursuant to section 207, 208, or 209, by the amount of the Federal and State income taxes which would be required to be withheld by an employer from wages equal to such terminal pay if paid to an employee with the same number of income tax exemptions as the recipient. For purposes of determining the amounts of such reductions with respect to severance payments made pursuant to sections 208 and 209, said severance payments shall be prorated over the number of weeks the equivalent sums would have been paid if the employees were eligible for and claiming the weekly layoff benefits provided in section 207. The Secretary shall withhold social security contributions from terminal pay in the same amounts as would be withheld if such pay (before the reductions provided for in this subsection) were wages and the Secretary shall make contributions on behalf of employees receiving terminal pay to the trust funds created under section 201 of the Social Security Act equal to the contributions required 42 USC 401. to be made by an employer paying wages equal to such unreduced terminal pay; and (20) "Sixty-fifth birthday" means the last day of the month in which the sixty-fifth birthday occurs. SEC. 202. The Secretary is authorized to develop the necessary procedures to implement this title. AFFECTED EMPLOYEES

SEC. 203. The total or partial layoff of a covered employee employed by an affected employer during the period beginning May 31, 1977, and ending September 30, 1980, other than for a cause that would disqualify an employee for unemployment compensation, except as provided in section 205, is conclusively presumed to be attributable to the expansion of Redwood National Park: Provided, That the Secretary may, for good cause, extend this period for any group of covered employees by no more than one year at a time after September 30, 1980. Any covered employee laid off during that period by an affected employer shall be considered an affected employee at any time said employee is on such layoff within the period ending September 30, 1984, or, if earlier, the end of said employee's period of protection as defined herein: Provided, however, That the number of affected employees with respect to an affected contract employer shall be limited in any week to that number of such employees otherwise affected as provided herein that is equal to the percentage of the affected employer's employee hours during calendar year 1977 that were worked within or directly related to the expansion area. SE(\ 204. (a) The Secretary shall provide, to the maximum extent Employee rights feasible, for retention and accrual of all rights and benefits which and benefits. affected employees would have had in an employment with affected employers during the period in which they are aft'ected employees. The Secretary is authorized and shall seek to enter into such agreements as he may deem to be appropriate with affected employees and employers, labor organizations representing covered employees, and trustees of applicable pension and Avelfare funds, or to take such other actions as he deems appropriate to provide for affected employees (including the benefits provided for in section 207(d)) the following rights and benefits: (1) retention and accrual of seniority rights, including recall rights (or, in the case of employees not covered by collectivebargaining agreements, application of the same preferences and