((a)) ** Election**

((1)) Any employee who accepts any benefits under an agreement entered into under section 797  of this title or a termination allowance under , shall, except as provided in paragraph (2) of this subsection, be deemed to waive any employee protection benefits otherwise available under any other provision of law or any contract or agreement in effect on , except benefits under sections 797b and 797c of this title, and shall be deemed to waive any cause of action for any alleged loss of benefits resulting from the provisions of or the amendments made by the Northeast Rail Service Act of 1981.

((2)) Nothing in paragraph (1) of this subsection shall affect the right of any employee described in such paragraph to benefits under the Railroad Retirement Act of 1974 [ et seq.] or the Railroad Unemployment Insurance Act [ et seq.].

((b)) ** Treatment of benefits** Any benefits received by an employee under an agreement entered into pursuant to section 797  of this title and any termination allowance received under shall be considered compensation solely for purposes of—

((1)) the Railroad Retirement Act of 1974 ( et seq.); and

((2)) determining the compensation received by such employee in any base year under the Railroad Unemployment Insurance Act ( et seq.).