CITE
45 USC Sec. 231 01/08/2008
EXPCITE
TITLE 45 - RAILROADS
CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES
SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974
HEAD
Sec. 231. Definitions
STATUTE
For the purposes of this subchapter -
(a)(1) The term "employer" shall include -
(i) any carrier by railroad subject to the jurisdiction of the
Surface Transportation Board under part A of subtitle IV of title
49;
(ii) any company which is directly or indirectly owned or
controlled by, or under common control with, one or more
employers as defined in paragraph (i) of this subdivision, and
which operates any equipment or facility or performs any service
(except trucking service, casual service, and the casual
operation of equipment or facilities) in connection with the
transportation of passengers or property by railroad, or the
receipt, delivery, elevation, transfer in transit, refrigeration
or icing, storage, or handling of property transported by
railroad;
(iii) any receiver, trustee, or other individual or body,
judicial or otherwise, when in the possession of the property or
operating all or any part of the business of any employer as
defined in paragraph (i) or (ii) of this subdivision;
(iv) any railroad association, traffic association, tariff
bureau, demurrage bureau, weighing and inspection bureau,
collection agency and any other association, bureau, agency, or
organization which is controlled and maintained wholly or
principally by two or more employers as defined in paragraph (i),
(ii), or (iii) of this subdivision and which is engaged in the
performance of services in connection with or incidental to
railroad transportation; and
(v) any railway labor organization, national in scope, which
has been or may be organized in accordance with the provisions of
the Railway Labor Act, as amended [45 U.S.C. 151 et seq.], and
its State and National legislative committees, general
committees, insurance departments, and local lodges and
divisions, established pursuant to the constitution or bylaws of
such organization.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, the term "employer" shall not include -
(i) any company by reason of its being engaged in the mining of
coal, the supplying of coal to an employer where delivery is not
beyond the mine tipple, and the operation of equipment or
facilities therefor, or in any of such activities, and
(ii) any street, interurban, or suburban electric railway,
unless such railway is operating as a part of a general diesel-
railroad system of transportation, but shall not exclude any
part of the general diesel-railroad system of transportation now
or hereafter operated by any other motive power. The Surface
Transportation Board is hereby authorized and directed upon
request of the Railroad Retirement Board, or upon complaint of
any party interested, to determine after hearing whether any line
operated by electric power falls within the terms of this
paragraph.
(b)(1) The term "employee" means (i) any individual in the
service of one or more employers for compensation, (ii) any
individual who is in the employment relation to one or more
employers, and (iii) an employee representative: Provided, however,
That the term "employee" shall include an employee of a local lodge
or division defined as an employer in subsection (a) of this
section only if he was in the service of or in the employment
relation to an employer as defined in paragraph (i) of subsection
(a)(1) of this section on or after August 29, 1935.
(2) The term "employee" shall not include any individual while
such individual is engaged in the physical operations consisting of
the mining of coal, the preparation of coal, the handling (other
than movement by rail with standard railroad locomotives) of coal
not beyond the mine tipple, or the loading of coal at the tipple.
(c) The term "employee representative" means any officer or
official representative of a railway labor organization other than
a labor organization included in the term "employer" as defined in
subsection (a) of this section who before or after August 29, 1935,
was in the service of an employer as defined in subsection (a) of
this section and who is duly authorized and designated to represent
employees in accordance with the Railway Labor Act, as amended [45
U.S.C. 151 et seq.], and any individual who is regularly assigned
to or regularly employed by such officer or official representative
in connection with the duties of his office.
(d)(1) An individual is in the service of an employer whether his
service is rendered within or without the United States if -
(i)(A) he is subject to the continuing authority of the
employer to supervise and direct the manner of rendition of his
service, or (B) he is rendering professional or technical
services and is integrated into the staff of the employer, or (C)
he is rendering, on the property used in the employer's
operations, personal services the rendition of which is
integrated into the employer's operations; and
(ii) he renders such service for compensation, or a method of
computing the monthly compensation for such service is provided
in section 231b(j) of this title.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection -
(i) an individual shall be deemed to be in the service of an
employer, other than a local lodge or division or a general
committee of a railway-labor-organization employer, not
conducting the principal part of its business in the United
States only when he is rendering service to it in the United
States;
(ii) an individual shall be deemed to be in the service of a
local lodge or division of a railway-labor-organization employer
not conducting the principal part of its business in the United
States only if (A) all, or substantially all, the individuals
constituting the membership of such local lodge or division are
employees of an employer conducting the principal part of its
business in the United States; or (B) the headquarters of such
local lodge or division is located in the United States; and
(iii) an individual shall be deemed to be in the service of a
general committee of a railway-labor-organization employer not
conducting the principal part of its business in the United
States only if (A) he is representing a local lodge or division
described in clause (A) or (B) of paragraph (ii); or (B) all, or
substantially all, the individuals represented by such general
committee are employees of an employer conducting the principal
part of its business in the United States; or (C) he acts in the
capacity of a general chairman or an assistant general chairman
of a general committee which represents individuals rendering
service in the United States to an employer, but in such case if
his office or headquarters is not located in the United States
and the individuals represented by such general committee are
employees of an employer not conducting the principal part of its
business in the United States only such proportion of the
remuneration for such service shall be regarded as compensation
as the proportion which the mileage in the United States under
the jurisdiction of such general committee bears to the total
mileage under its jurisdiction, unless such mileage formula is
inapplicable, in which case the Board may prescribe such other
formula as it finds to be equitable, and if the application of
such mileage formula, or such other formula as the Board may
prescribe, would result in the compensation of the individual
being less than 10 per centum of his remuneration for such
service no part of such remuneration shall be regarded as
compensation.
(3) Notwithstanding the provisions of subdivisions (1) and (2) of
this subsection, an individual not a citizen or resident of the
United States shall not be deemed to be in the service of an
employer when rendering service outside the United States to an
employer who is required under the laws applicable in the place
where the service is rendered to employ therein, in whole or in
part, citizens or residents thereof. For purposes of this
subdivision, the laws applicable on August 29, 1935, in the place
where the service is rendered shall be deemed to have been
applicable there at all times prior to that date.
(e)(1) An individual shall be deemed to have been in the
employment relation to an employer on August 29, 1935, if -
(i) he was on that date on leave of absence from his
employment, expressly granted to him by the employer by whom he
was employed, or by a duly authorized representative of such
employer, and the grant of such leave of absence will have been
established to the satisfaction of the Board before July 1947;
(ii) he was in the service of an employer after August 29,
1935, and before January 1946 in each of six calendar months,
whether or not consecutive;
(iii) before August 29, 1935, he did not retire and was not
retired or discharged from the service of the last employer by
whom he was employed or its corporate or operating successor, but
(A) solely by reason of his physical or mental disability he
ceased before August 29, 1935, to be in the service of such
employer and thereafter remained continuously disabled until he
attained age sixty-five or until August 1945, or (B) solely for
such last stated reason an employer by whom he was employed
before August 29, 1935, or an employer who is its successor did
not on or after August 29, 1935, and before August 1945 call him
to return to service, or (C) if he was so called he was solely
for such reason unable to render service in six calendar months
as provided in paragraph (ii); or
(iv) he was on August 29, 1935, absent from the service of an
employer by reason of a discharge which, within one year after
the effective date thereof, was protested, to an appropriate
labor representative or to the employer, as wrongful, and which
was followed within ten years of the effective date thereof by
his reinstatement in good faith to his former service with all
his senority (!1) rights.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, an individual shall not be deemed to have been in the
employment relation to an employer on August 29, 1935, if before
that date he was granted a pension or gratuity on the basis of
which a pension was awarded to him pursuant to section 6 of the
Railroad Retirement Act of 1937 [45 U.S.C. 228f], or if during the
last payroll period before August 29, 1935, in which he rendered
service to an employer he was not in the service of an employer, in
accordance with subsection (d) of this section, with respect to any
service in such payroll period, or if he could have been in the
employment relation to an employer only by reason of his having
been, either before or after August 29, 1935, in the service of a
local lodge or division defined as an employer in subsection (a) of
this section.
(f)(1) The term "years of service" shall mean the number of years
an individual as an employee shall have rendered service to one or
more employers for compensation or received remuneration for time
lost, and shall be computed in accordance with the provisions of
section 231b(i) of this title. Twelve calendar months, consecutive
or otherwise, in each of which an employee has rendered such
service or received such wages for time lost, shall constitute a
year of service. Ultimate fractions shall be taken at their actual
value.
(2) Where service prior to August 29, 1935, may be included in
the computation of years of service as provided in subdivision (3)
of section 231b(i) of this title, it may be included as to -
(i) service rendered to a person which was an employer on
August 29, 1935, irrespective of whether such person was an
employer at the time such service was rendered;
(ii) service rendered to any express company, sleeping-car
company, or carrier by railroad which was a predecessor of a
company which, on August 29, 1935, was an employer as defined in
paragraph (i) of subsection (a)(1) of this section, irrespective
of whether such predecessor was an employer at the time such
service was rendered; and
(iii) service rendered to a person not an employer in the
performance of operations involving the use of standard railroad
equipment if such operations were performed by an employer on
August 29, 1935.
(g)(1) For purposes of section 231b(i)(2) of this title, an
individual shall be deemed to have been in "military service" when
commissioned or enrolled in the active service of the land or naval
forces of the United States and until resignation or discharge
therefrom; and the service of any individual in any reserve
component of the land or naval forces of the United States, while
serving in the land or naval forces of the United States for any
period, even though less than thirty days, shall be deemed to have
been active service in such force during such period.
(2) For purposes of section 231b(i)(2) of this title, a "war
service period" shall mean (A) any war period, or (B) with respect
to any particular individual, any period during which such
individual (i) having been in military service at the end of a war
period, was required to continue in military service, or (ii) was
required by call of the President, or by any Act of Congress or
regulation, order, or proclamation pursuant thereto, to enter and
continue in military service, or (C) any period after September 7,
1939, with respect to which a state of national emergency was duly
declared to exist which requires a strengthening of the national
defense. For purposes of section 231b(i)(2) of this title, the
period beginning on June 15, 1948, and ending on December 15, 1950,
shall be deemed to be a war service period with respect to any
individual who without intervening employment not covered by this
subchapter rendered service as an employee to an employer under
this subchapter in the year such individual was released from
active military service or in the year immediately following such
year.
(3) For purposes of section 231b(i)(2) of this title, a "war
period" shall be deemed to have begun on whichever of the following
dates is the earliest: (A) the date on which the Congress of the
United States declared war; or (B) the date as of which the
Congress of the United States declared that a state of war has
existed; or (C) the date on which war was declared by one or more
foreign states against the United States; or (D) the date on which
any part of the United States or any territory under its
jurisdiction was invaded or attacked by any armed force of one or
more foreign states; or (E) the date on which the United States
engaged in armed hostilities for the purpose of preserving the
Union or of maintaining in any State of the Union a republican form
of government.
(4) For purposes of section 231b(i)(2) of this title, a "war
period" shall be deemed to have ended on the date on which
hostilities ceased.
(h)(1) The term "compensation" means any form of money
remuneration paid to an individual for services rendered as an
employee to one or more employers or as an employee representative,
including remuneration paid for time lost as an employee, but
remuneration paid for time lost shall be deemed earned in the month
in which such time is lost. A payment made by an employer to an
individual through the employer's payroll shall be presumed, in the
absence of evidence to the contrary, to be compensation for service
rendered by such individual as an employee of the employer in the
period with respect to which the payment is made. Compensation
earned in any calendar month before 1947 shall be deemed paid in
such month regardless of whether or when payment will have been in
fact made, and compensation earned in any calendar year after 1946
but paid after the end of such calendar year shall be deemed to be
compensation paid in the calendar year in which it will have been
earned if it is so reported by the employer before February 1 of
the next succeeding calendar year or if the employee establishes,
subject to the provisions of section 231h of this title, the period
during which such compensation will have been earned.
(2) An employee shall be deemed to be paid "for time lost" the
amount he is paid by an employer with respect to an identifiable
period of absence from the active service of the employer,
including absence on account of personal injury, and the amount he
is paid by the employer for loss of earnings resulting from his
displacement to a less remunerative position or occupation. If a
payment is made by an employer with respect to a personal injury
and includes pay for time lost, the total payment shall be deemed
to be paid for time lost unless, at the time of payment, a part of
such payment is specifically apportioned to factors other than time
lost, in which event only such part of the payment as is not so
apportioned shall be deemed to be paid for time lost.
(3) Solely for purposes of determining amounts to be included in
the compensation of an employee, the term "compensation" shall also
include cash tips received by an employee in any calendar month in
the course of his employment by an employer unless the amount of
such cash tips is less than $20.
(4) Tips included as compensation by reason of the provisions of
subdivision (3) shall be deemed to be paid at the time a written
statement including such tips is furnished to the employer pursuant
to section 6053(a) of the Internal Revenue Code of 1986 [26 U.S.C.
6053(a)] or, if no statement including such tips is so furnished,
at the time received. Tips so deemed to be paid in any month shall
be deemed paid for services rendered in such month.
(5) In determining compensation, there shall be attributable as
compensation paid to an employee in calendar months in which he is
in military service creditable under section 231b(i)(2) of this
title, in addition to any other compensation paid to him with
respect to such months -
(i) for each such calendar month prior to 1968, $160;
(ii) for each such calendar month after 1967 and prior to 1975,
$260; and
(iii) for each such calendar month after 1974, the amount which
is creditable as such individual's "wages" under section 209(d)
of the Social Security Act [42 U.S.C. 409(d)].
(6) Notwithstanding the provisions of the preceding subdivisions
of this subsection, the term "compensation" shall not include -
(i) tips, except as is provided under subdivision (3) of this
subsection;
(ii) remuneration for service which is performed by a non-
resident alien individual for the period he is temporarily
present in the United States as a nonimmigrant under subparagraph
(F) or (J) of section 1101(a)(15) of title 8, as amended, and
which is performed to carry out the purpose specified in
subparagraph (F) or (J), as the case may be;
(iii) remuneration earned in the service of a local lodge or
division of a railway-labor-organization employer with respect to
any calendar month in which the amount of such remuneration is
less than $25;
(iv) remuneration for service as a delegate to a national or
international convention of a railway-labor-organization employer
if the individual rendering such service has not previously
rendered service, other than as such a delegate, which may be
included in his "years of service;"
(v) the amount of any payment (including any amount paid by an
employer for insurance or annuities, or into a fund, to provide
for any such payment) made to, or on behalf of, an employee or
any of his dependents under a plan or system established by an
employer which makes provision for his employees generally (or
for his employees generally and their dependents) or for a class
or classes of his employees (or for a class or classes of his
employees and their dependents), on account of sickness or
accident disability or medical or hospitalization expenses in
connection with sickness or accident disability; and
(vi) an amount paid specifically - either as an advance, as
reimbursement or allowance - for traveling or other bona fide and
necessary expenses incurred or reasonably expected to be incurred
in the business of the employer provided any such payment is
identified by the employer either by a separate payment or by
specifically indicating the separate amounts where both wages and
expense reimbursement or allowance are combined in a single
payment.
(7) The term "compensation" includes any separation allowance or
subsistence allowance paid under any benefit schedule provided
under section 701 of title VII of the Regional Rail Reorganization
Act of 1973 [45 U.S.C. 797] (!2) and any termination allowance paid
under section 702 of that Act [45 U.S.C. 797a], but does not
include any other benefits payable under that title [45 U.S.C. 797
et seq.]. The total amount of any subsistence allowance paid under
a benefit schedule provided pursuant to section 701 of the Regional
Rail Reorganization Act of 1973 shall be considered as having been
earned in the month in which the employee first timely filed a
claim for such an allowance.
(8) Notwithstanding any other provision of this subchapter, for
the purposes of sections 231b(a)(1), 231c(a)(1), and 231c(f)(1) of
this title, the term "compensation" includes any payment from any
source to an employee or employee representative if such payment is
subject to tax under section 3201 or 3211 of the Internal Revenue
Code of 1986 [26 U.S.C. 3201, 3211].
(i) The term "Board" means the Railroad Retirement Board.
(j) The term "company" includes corporations, associations, and
joint-stock companies.
(k) The term "employee" includes an officer of an employer.
(l) The term "person" means an individual, a partnership, an
association, a joint-stock company, a corporation, or the United
States or any other governmental body.
(m) The term "United States," when used in a geographical sense,
means the States and the District of Columbia.
(n) The term "Social Security Act" means the Social Security Act
as amended [42 U.S.C. 301 et seq.] from time to time.
(o) An individual shall be deemed to have "a current connection
with the railroad industry" at the time an annuity begins to accrue
to him and at death if, in any thirty consecutive calendar months
before the month in which an annuity under this subchapter begins
to accrue to him, or the month in which he dies if that first
occurs, he will have been in service as an employee in not less
than twelve calendar months and, if such thirty calendar months do
not immediately precede such month, he will not have been engaged
in any regular employment other than employment for an employer or
employment with the Department of Transportation, the Interstate
Commerce Commission, the Surface Transportation Board, the National
Mediation Board, the National Transportation Safety Board, the
State-owned railroad (as defined in the Alaska Railroad Transfer
Act of 1982 [45 U.S.C. 1201 et seq.]), so long as it is an
instrumentality of the State of Alaska, or the Railroad Retirement
Board in the period before such month and after the end of such
thirty months. For purposes of section 231a(b) of this title and
section 231a(d) of this title only, an individual shall be deemed
also to have "a current connection with the railroad industry" if,
after having completed twenty-five years of service, such
individual involuntarily and without fault ceased rendering service
as an employee under this subchapter and did not thereafter decline
an offer of employment in the same class or craft as the
individual's most recent employee service. For purposes of section
231a(d) of this title only, an individual shall be deemed to have a
"current connection with the railroad industry" if a pension will
have been payable to that individual under the Railroad Retirement
Act of 1937 [45 U.S.C. 228a et seq.] or a retirement annuity based
on service of not less than 10 years (as computed in awarding the
annuity) will have begun to accrue to that individual prior to 1948
under the Railroad Retirement Act of 1937. For the purposes of
section 231a(d) of this title only, an individual shall be deemed
also to have a "current connection with the railroad industry" if
he will have completed ten years of service and (A) he would be
neither fully nor currently insured under the Social Security Act
[42 U.S.C. 301 et seq.] if his service as an employee after
December 31, 1936, were included in the term "employment" as
defined in that Act, or (B) he has no quarters of coverage under
the Social Security Act.
(p) The term "annuity" means a monthly sum which is payable on
the first day of each calendar month for the accrual during the
preceding calendar month.
(q) The terms "quarter" and "calendar quarter" shall mean a
period of three calendar months ending on March 31, June 30,
September 30, or December 31.
(r) For purposes of this subchapter, a person shall be considered
to be permanently insured under the Social Security Act [42 U.S.C.
301 et seq.] on December 31, 1974, if he or she would be fully
insured within the meaning of section 214(a) of that Act [42 U.S.C.
414(a)] when he or she attains age 62 solely on the basis of his or
her quarters of coverage under that Act acquired prior to January
1, 1975.
SOURCE
(Aug. 29, 1935, ch. 812, Sec. 1, as restated June 24, 1937, ch.
382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
101, Oct. 16, 1974, 88 Stat. 1305; amended Pub. L. 94-547, Sec.
4(a), Oct. 18, 1976, 90 Stat. 2526; Pub. L. 97-35, title XI, Sec.
1116, Aug. 13, 1981, 95 Stat. 628; Pub. L. 97-468, title VI, Sec.
615(b)(6), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98-76, title IV,
Secs. 402(a), 403(a), 410(a), Aug. 12, 1983, 97 Stat. 434, 435;
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-
647, title VII, Sec. 7304(a), Nov. 10, 1988, 102 Stat. 3778; Pub.
L. 101-239, title X, Sec. 10208(d)(2)(B)(ii), Dec. 19, 1989, 103
Stat. 2481; Pub. L. 104-88, title III, Sec. 323, Dec. 29, 1995, 109
Stat. 950.)
REFERENCES IN TEXT
The Railway Labor Act, referred to in subsecs. (a)(1)(v) and (c),
is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
classified principally to chapter 8 (Sec. 151 et seq.) of this
title. For complete classification of this Act to the Code, see
section 151 of this title and Tables.
Section 6 of the Railroad Retirement Act of 1937, referred to in
subsec. (e)(2), which was classified to section 228f of this title,
has been omitted from the Code.
The Regional Rail Reorganization Act of 1973, referred to in
subsec. (h)(7), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as
amended. Section 701 of title VII of the Regional Rail
Reorganization Act of 1973 [45 U.S.C. 797] was repealed by Pub. L.
99-509, title IV, Sec. 4024(c), Oct. 21, 1986, 100 Stat. 1904,
effective on the sale date (Apr. 2, 1987). Title VII of the
Regional Rail Reorganization Act of 1973 is classified generally to
subchapter VII (Sec. 797 et seq.) of chapter 16 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 701 of this title and Tables.
The Social Security Act, referred to in subsecs. (n), (o), and
(r), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which
is classified generally to chapter 7 (Sec. 301 et seq.) of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see section 1305 of Title 42 and Tables.
The Alaska Railroad Transfer Act of 1982, referred to in subsec.
(o), is Pub. L. 97-468, title VI, Sec. 601 et seq., Jan 14, 1983,
96 Stat. 2556, as amended, which is classified principally to
chapter 21 (Sec. 1201 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 1201 of this title and Tables.
The Railroad Retirement Act of 1937, referred to in subsec. (o),
is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended generally
by act June 24, 1937, ch. 382, part I, 50 Stat. 307, which is
classified principally to subchapter III (Sec. 228a et seq.) of
this chapter. The Railroad Retirement Act of 1937 was amended
generally and redesignated the Railroad Retirement Act of 1974 by
Pub. L. 93-445, title I, Oct. 16, 1974, 88 Stat. 1305. The Railroad
Retirement Act of 1974 is classified generally to this subchapter.
For complete classification of these Acts to the Code, see Tables.
AMENDMENTS
1995 - Subsec. (a)(1)(i). Pub. L. 104-88, Sec. 323(1), added cl.
(i) and struck out former cl. (i) which read as follows: "any
express company, sleeping car company, and carrier by railroad,
subject to part I of the Interstate Commerce Act;".
Subsec. (a)(2)(ii). Pub. L. 104-88, Sec. 323(2), substituted
"Surface Transportation Board is hereby authorized and directed
upon request of the Railroad Retirement Board" for "Interstate
Commerce Commission is hereby authorized and directed upon request
of the Board".
Subsec. (o). Pub. L. 104-88, Sec. 323(3), inserted "the Surface
Transportation Board," after "the Interstate Commerce Commission,".
1989 - Subsec. (h)(5)(iii). Pub. L. 101-239 substituted "section
209(d)" for "the third paragraph of section 209".
1988 - Subsec. (g)(2). Pub. L. 100-647 inserted provision
designating the period beginning on June 15, 1948, and ending on
Dec. 15, 1950, as a war service period with respect to certain
individuals.
1986 - Subsec. (h)(4), (8). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954".
1983 - Subsec. (h)(6). Pub. L. 98-76, Sec. 402(a), struck out cl.
(ii) which provided that term "compensation" would not include the
voluntary payment by an employee, without deduction from the
remuneration of the employee, of any tax not now or thereafter
imposed with respect to the compensation of such employee, and
redesignated cls. (iii) to (vii) as (ii) to (vi), respectively.
Subsec. (h)(7). Pub. L. 98-76, Sec. 403(a), added par. (7).
Subsec. (h)(8). Pub. L. 98-76, Sec. 410(a), added par. (8).
Subsec. (o). Pub. L. 97-468 inserted "the State-owned railroad
(as defined in the Alaska Railroad Transfer Act of 1982 [45 U.S.C.
1201 et seq.]), so long as it is an instrumentality of the State of
Alaska," after "National Transportation Safety Board,".
1981 - Subsec. (f)(1). Pub. L. 97-35, Sec. 1116(a), substituted
"Ultimate fractions shall be taken at their actual value" for
"Ultimate fractions shall be taken at their actual value, except
that if the individual will have had not less than one hundred
twenty-six months of service, an ultimate fraction of six months or
more shall be taken as one year".
Subsec. (o). Pub. L. 97-35, Sec. 1116(b)(2), inserted after first
sentence "For purposes of section 231a(b) of this title and section
231a(d) of this title only, an individual shall be deemed also to
have 'a current connection with the railroad industry' if, after
having completed twenty-five years of service, such individual
involuntarily and without fault ceased rendering service as an
employee under this subchapter and did not thereafter decline an
offer of employment in the same class or craft as the individual's
most recent employee service. For purposes of section 231a(d) of
this title only, an individual shall be deemed to have a 'current
connection with the railroad industry' if a pension will have been
payable to that individual under the Railroad Retirement Act of
1937 or a retirement annuity based on service of not less than 10
years (as computed in awarding the annuity) will have begun to
accrue to that individual prior to 1948 under the Railroad
Retirement Act of 1937."
Pub. L. 97-35, Sec. 1116(b)(1), inserted reference to National
Transportation Safety Board.
1976 - Subsec. (h)(6)(vi), (vii). Pub. L. 94-547 added pars. (vi)
and (vii).
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of Title 49, Transportation.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 7304(b) of Pub. L. 100-647 provided that: "The amendment
made by this section [amending this section] shall apply with
respect to annuities accruing in months after the date of enactment
of this Act [Nov. 10, 1988]."
EFFECTIVE DATE OF 1983 AMENDMENTS
Section 402(c) of Pub. L. 98-76 provided that: "The amendments
made by this section [amending this section and section 351 of this
title] shall apply to compensation paid for services rendered after
June 30, 1983."
Section 403(c) of Pub. L. 98-76 provided that: "The amendments
made by this section [amending this section and section 351 of this
title] shall be effective August 13, 1981."
Section 410(b) of Pub. L. 98-76 provided that: "The amendment
made by this section [amending this section] shall apply with
respect to payments made on or after January 1, 1982."
Amendment by Pub. L. 97-468 effective on date of transfer of
Alaska Railroad to the State [Jan. 5, 1985], pursuant to section
1203 of this title, see section 615(b) of Pub. L. 97-468.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 1129 of Pub. L. 97-35, as amended by Pub. L. 99-514, Sec.
2, Oct. 22, 1986, 100 Stat. 2095, provided that:
"(a) Except as otherwise provided in this section, the amendments
made by this subtitle [subtitle D (Secs. 1116-1129 of title XI of
Pub. L. 97-35, enacting section 231u of this title, amending this
section and sections 231a to 231f, 231i, 231n, 231q, 355, and 358
of this title, and enacting provisions set out as a note under
section 231n of this title] shall take effect October 1, 1981, and
shall apply only with respect to annuities awarded on or after that
date.
"(b)(1) The amendment made by section 1116(a) of this Act
[amending this section] shall take effect October 1, 1981, except
that the years of service of an individual shall not be considered
less after enactment of this Act [Aug. 13, 1981] for any individual
who files an application before April 1, 1982 than such individual
had during the month of September 1981.
"(2) The amendments made by sections 1116(b)(1), 1118(c)(2),
1119(b)(5), 1119(c), 1119(h)(3), 1119(i)(3), 1120(a), 1120(d),
1121(c)(1), 1121(c)(2), 1123, and 1125 of this Act [amending this
section and sections 231b, 231c, 231d, 231e, 231i, and 231q of this
title] shall take effect January 1, 1975.
"(3) The first sentence added to section 1(o) of the Railroad
Retirement Act of 1974 [subsec. (o) of this section] by section
1116(b)(2) shall take effect October 1, 1981, and shall apply only
with respect to individuals who did not die before that date and
who ceased rendering service as an employee under the Railroad
Retirement Act of 1974 [this subchapter] on or after October 1,
1975 or were on leave of absence or furlough on October 1, 1975.
The second sentence added to section 1(o) of the Railroad
Retirement Act of 1974 by section 1116(b)(2) shall take effect
October 1, 1981.
"(c) The amendment made by section 1117(a) of this Act [amending
section 231a of this title] shall take effect October 1, 1981, and
shall apply only with respect to individuals whose supplemental
annuity closing date under section 2(b) of the Railroad Retirement
Act of 1974 [section 231a(b) of this title] before the effective
date of the amendment to such section by this Act did not occur
before October 1, 1981.
"(d) The amendments made by section 1119(b)(1) [amending section
231c of this title] shall not apply with respect to annuities
awarded on the basis of employee annuities awarded before October
1, 1981.
"(e)(1) The amendments made by sections 1118(e)(3), 1119(d)(2),
1119(h)(1), and 1119(h)(4) of this Act [amending sections 231b and
231c of this title] shall take effect on the date of the enactment
of this Act [Aug. 13, 1981].
"(2) The amendment made by section 1118(d) of this Act [amending
section 231b of this title] shall apply with respect to annuity
increases which become effective on or after the date described in
the next sentence. The date referred to in the last preceding
sentence is the later of October 1, 1981 and the date (after July
1, 1981) on which there is an increase in the rate of any tax
imposed under chapter 22 (relating to railroad retirement tax) of
the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [chapter
22 of Title 26, Internal Revenue Code]. For the purposes of the
amendment made by section 1118(d), with respect to annuities
awarded before October 1, 1981, the annuity portions computed under
subsections (b) and (d) of section 3 of the Railroad Retirement Act
of 1974 [section 231b(b) and (d) of this title] as in effect before
October 1, 1981, shall be treated as a portion of an annuity
computed under section 3(b) of such Act as amended by this Act.
"(3) The amendment made by section 1118(a) of this Act [amending
section 231b of this title] shall take effect on the later of
October 1, 1981, and the date (after July 1, 1981) on which there
is an increase in the rate of any tax imposed under chapter 22
(relating to railroad retirement tax) of the Internal Revenue Code
of 1986 [chapter 22 of Title 26], and shall apply only with respect
to annuities awarded on or after the date of that taking effect.
"(f) Section 4(g) of the Railroad Retirement Act of 1974 as
amended by this Act [section 231c(g) of this title] (except
subdivisions (5) and (6) of such section 4(g)) shall take effect
October 1, 1981, with respect to awards made on or after that date
in cases in which the employee did not begin receiving an annuity
under section 2(a)(1) of the Railroad Retirement Act of 1974
[section 231a(a)(1) of this title] before October 1, 1981, and did
not die before that date, and to all awards made on or after
October 1, 1986. In all other awards made on or after October 1,
1981, and before October 1, 1986, for purposes of determining the
initial annuity amounts only, the provisions of section 4(g) of the
Railroad Retirement Act of 1974, as in effect before amendment by
this Act shall be applicable. Initial annuity amounts determined
under the preceding sentence shall be increased only by the same
percentage, or percentages, as an employee's annuity amount
determined under section 3(b) of the Railroad Retirement Act of
1974 [section 231b(b) of this title] is increased under section
3(g) of the Railroad Retirement Act of 1974 [section 231b(g) of
this title] on or after the date on which such initial annuity
amount began to accrue. Annuity amounts determined under section
4(g) of the Railway Retirement Act of 1974 before amendment by this
Act or under section 207(2) of Public Law 93-445 [set out as a note
below] shall be increased only by the same percentage, or
percentages, as an employee's annuity amount determined under
section 3(b) of the Railroad Retirement Act of 1974 is increased
under section 3(g) of the Railroad Retirement Act of 1974 on or
after October 1, 1981. Section 4(g)(5) and 4(g)(6) of the Railroad
Retirement Act of 1974, as amended by this Act, shall take effect
on October 1, 1981.
"(g) The amendments made by sections 1118(b), 1118(g), 1120(b),
1122(a)(2), 1122(b)(1), 1122(c), 1124, 1126, and 1127 of this Act
[enacting section 231u of this title, amending sections 231b, 231d,
231f, and 231n of this title, and enacting provisions set out as a
note under section 231n of this title] shall take effect October 1,
1981.
"(h) The amendments made by sections 1117(e)(2), 1117(f),
1118(h)(2), and 1119(i)(4) [amending sections 231a, 231b, and 231c
of this title] shall take effect January 1, 1982."
EFFECTIVE DATE OF 1976 AMENDMENT
Section 4(c)(1) of Pub. L. 94-547 provided that: "The amendments
made by subsection (a) of this section [amending this section]
shall be effective January 1, 1975."
EFFECTIVE DATE
Section 602(a)-(d) of Pub. L. 93-445 provided that:
"(a) The provisions of title I of this Act [enacting this
subchapter] shall become effective on January 1, 1975, except as
otherwise provided herein: Provided, however, That annuities
awarded under section 2 of the Railroad Retirement Act of 1974
[section 231a of this title] on the basis of an application
therefor filed with the Board on or after such date may, subject to
the limitations prescribed in section 5(a) of such Act [section
231d(a) of this title], begin prior to such date, except that no
annuity under paragraph (ii) of section 2(a)(1) of such Act
[subsec. (a)(1) of section 231a of this title] shall begin to
accrue to a man prior to July 1, 1974.
"(b) The provision of section 1(o) of the Railroad Retirement Act
of 1974 [section 231(o) of this title] which provides that a
'current connection with the railroad industry' will not be broken
by 'employment with the Department of Transportation, the
Interstate Commerce Commission, the National Mediation Board, or
the Railroad Retirement Board' shall not be applicable (A) for
purposes of paragraph (iv) of section 2(a)(1) of such Act [section
231a(a)(1)(iv) of this title], to an individual who became
disabled, as provided for purposes of such paragraph, prior to
January 1, 1975, (B) for purposes of section 2(b)(1) of such Act
[section 231a(b)(1) of this title], to an individual whose annuity
under section 2(a) of the Railroad Retirement Act of 1937 [section
228b(a) of this title] or section 2(a)(1) of the Railroad
Retirement Act of 1974 [section 231a(1) of this title] first began
to accrue prior to January 1, 1975, and (C) for purposes of section
2(d)(1) [section 231a(d)(1) of this title] of such Act, to a
survivor of a deceased employee if such employee died prior to
January 1, 1975.
"(c) The provisions of clause (i)(B) and clause (ii)(B) of
section 2(c)(1) of the Railroad Retirement Act of 1974 [subsec.
(c)(1) of section 231a of this title] shall not be applicable to
the spouse of an individual if (A) such individual will have
completed thirty years of service and will have been awarded an
annuity under section 2(a) of the Railroad Retirement Act of 1937
[section 228b(a) of this title] or section 2(a)(1) of the Railroad
Retirement Act of 1974 [subsec. (a)(1) of section 231a of this
title] which first began to accrue prior to July 1, 1974, or (B)
such individual will have completed less than thirty years of
service and will have been awarded an annuity under section 2(a) of
the Railroad Retirement Act of 1937 [section 228b(a) of this title]
or section 2(a)(1) of the Railroad Retirement Act of 1974 [subsec.
(a)(1) section 231a of this title] which first began to accrue
prior to January 1, 1975. For purposes of the entitlement of the
spouse of an individual described in clause (A) or (B) of the
preceding sentence to an annuity under such section 2(c)(1)
[subsec. (c)(1) section 231a of this title], the provisions of
clause (i)(B) of such section 2(c)(1) [subsec. (c)(1) of section
231a of this title] shall be deemed to read: '(B) has attained the
age of 65'.
"(d) The provisions of section 2(b)(1) of the Railroad Retirement
Act of 1974 [subsec. (b)(1) of section 231a of this title] which
permit an individual to become entitled to a supplemental annuity
thereunder if he 'has attained age 60 and completed thirty years of
service' shall not be applicable to an individual who was awarded
an annuity under section 2(a) of the Railroad Retirement Act of
1937 [section 228b(a) of this title] or section 2(a)(1) of the
Railroad Retirement Act of 1974 [subsec. (a)(1) of section 231a of
this title] which first began to accrue prior to July 1, 1974."
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS
Interstate Commerce Commission abolished and functions of
Commission transferred, except as otherwise provided in Pub. L. 104-
88, to Surface Transportation Board effective Jan. 1, 1996, by
section 702 of Title 49, Transportation, and section 101 of Pub. L.
104-88, set out as a note under section 701 of Title 49. References
to Interstate Commerce Commission deemed to refer to Surface
Transportation Board, a member or employee of the Board, or
Secretary of Transportation, as appropriate, see section 205 of
Pub. L. 104-88, set out as a note under section 701 of Title 49.
TRANSITIONAL PROVISIONS
Sections 201 to 210 of title II of Pub. L. 93-445, effective Jan.
1, 1975, as amended by Pub. L. 94-92, title II, Sec. 202(a), Aug.
9, 1975, 89 Stat. 465; Pub. L. 94-547, Sec. 1, Oct. 18, 1976, 90
Stat. 2523, provided that:
"Sec. 201. The claims of individuals who, prior to the effective
date of title I of this Act [see Effective Date note set out
above], became eligible for annuities, supplemental annuities, or
death benefits under section 2, 3(j), or 5 of the Railroad
Retirement Act of 1937 [section 228b, 228c(j), or 228e of this
title] shall be adjudicated by the Board under that Act [subchapter
III of this chapter] in the same manner and with the same effect as
if title I of this Act [enacting this subchapter] had not been
enacted: Provided, however, That no annuity, supplemental annuity,
or death benefit shall be awarded under the Railroad Retirement Act
of 1937 [subchapter III of this chapter] on the basis of an
application therefor filed with the Board on or after the effective
date of title I of this Act: Provided, further, That no annuity
under the Railroad Retirement Act of 1935 [subchapter II of this
chapter], no annuity or supplemental annuity under the Railroad
Retirement Act of 1937 [subchapter III of this chapter], and no
pension under section 6 of the Railroad Retirement Act of 1937
[section 228f of this title] shall be payable for any month after
December 31, 1974.
"Sec. 202. (a) Every individual who would have been entitled to
an annuity under the Railroad Retirement Act of 1935 [subchapter II
of this chapter] for the month of January 1975, if this Act
[enacting this subchapter] had not been enacted, shall be entitled
to an annuity under paragraph (i) of section 2(a)(1) of the
Railroad Retirement Act of 1974 [section 231a(a)(1) of this title],
beginning January 1, 1975, in an amount determined under the
provisions of section 3(a) of such Act [section 231b(a) of this
title], which amount shall initially be equal to the amount
determined under clause (i) of section 3(a)(6) of the Railroad
Retirement Act of 1937 [section 228c(a)(6) of this title] for the
purpose of computing the last increase in such individual's annuity
under the Railroad Retirement Act of 1935 [subchapter II of this
chapter] pursuant to the provisions of section 105 of Public Law 93-
69 [set out as a note under sections 228e to 228z-1 of this
title], less the amount of any monthly insurance benefit to which
such individual is actually entitled (before any deductions on
account of work) under the Social Security Act [section 301 et seq.
of Title 42, The Public Health and Welfare].
"(b) The amount of the annuity of an individual under subsection
(a) of this section shall be increased by an amount, if any, equal
to the amount by which (i) his annuity under the Railroad
Retirement Act of 1935 [subchapter II of this chapter] for the
month of December 1974 exceeds (ii) his annuity under subsection
(a) of this section for the month of January 1975.
"Sec. 203. (a) Every individual who would have been entitled to a
pension under section 6 of the Railroad Retirement Act of 1937
[section 228f of this title] for the month of January 1975, if this
Act [enacting this subchapter] had not been enacted, shall be
entitled to an annuity under paragraph (i) of section 2(a)(1) of
the Railroad Retirement Act of 1974 [section 231a(a)(1) of this
title] in an amount determined under the provisions of section 3(a)
of such Act [section 231b(a) of this title], which amount shall
initially be equal to the amount determined under clause (i) of
section 3(a)(6) of the Railroad Retirement Act of 1937 [section
228c(a)(6) of this title] for the purpose of computing the last
increase in such individual's pension under section 6 of the
Railroad Retirement Act of 1937 [section 228f of this title]
pursuant to the provisions of section 105 of Public Law 93-69 [set
out as a note under sections 228e to 228z-1 of this title], less
the amount of any monthly insurance benefit to which such
individual is actually entitled (before any deductions on account
of work) under the Social Security Act [section 301 et seq. of
Title 42].
"(b) The amount of the annuity of an individual under subsection
(a) of this section shall be increased by an amount, if any, equal
to the amount by which (i) his pension under section 6 of the
Railroad Retirement Act of 1937 [section 228f of this title] for
the month of December 1974 exceeds (ii) his annuity under
subsection (a) of this section for the month of January 1975.
"(c) The annuities of each individual under the preceding
subsections of this section shall be paid on January 1, 1975, and
on the first day of each calendar month thereafter during his life.
"Sec. 204. (a) Every individual who was entitled to an annuity
under section 2(a)1, 2(a)2, 2(a)3, 2(a)4, or 2(a)5 of the Railroad
Retirement Act of 1937 [section 228b(a)1, 228b(a)2, 228b(a)3,
228b(a)4, or 228b(a)5 of this title] for the month of December
1974, or who would have been entitled to such an annuity for such
month except for the provisions of section 2(d) of such Act
[section 228b(d) of this title], and who would have been entitled
to such an annuity for the month of January 1975, if this Act
[enacting this subchapter] had not been enacted, shall be entitled
to an annuity under paragraph (i), (ii), (iii), (iv), or (v),
respectively, of section 2(a)(1) of the Railroad Retirement Act of
1974 [section 231a(a)(1) of this title], beginning January 1, 1975:
Provided, however, That if an individual who was entitled to an
annuity under section 2(a)4 or 2(a)5 of the Railroad Retirement Act
of 1974 [probably should read "Railroad Retirement Act of 1937"
classified to section 228b(a)4 or 228b(a)5, of this title] is age
65 or older, on January 1, 1975, such individual shall be entitled
to an annuity under paragraph (i) of section 2(a)(1) of the
Railroad Retirement Act of 1974 [section 231a(a)(1) of this title].
For purposes of this subsection -
"(1) that portion of the individual's annuity as is provided
under section 3(a) of the Railroad Retirement Act of 1974
[section 231b(a) of this title] shall initially be in an amount
equal to (A) the amount determined under clause (i) of section
3(a)(6) of the Railroad Retirement Act of 1937 [section
228c(a)(6) of this title] for the purpose of computing the last
increase in the amount of such individual's annuity as computed
under the provisions of section 3(a) [section 228c(a) of this
title], and that part of section 3(e) which preceded the first
proviso, of the Railroad Retirement Act of 1937 [section 228c(e)
of this title] or (B), if less in a case where such individual is
not entitled to an annuity amount provided under paragraph (3) of
this subsection, the amount of the annuity under section 2(a) of
the Railroad Retirement Act of 1937 [section 228b(a) of this
title] (before any reduction on account of age and without regard
to section 2(d) of such Act [section 228b(d) of this title])
which such individual would have received for the month of
January 1975 if this Act [see Effective Date of 1976 Amendment
set out hereunder] had not been enacted: Provided, however, That
such annuity amount shall be subject to reduction in accordance
with the provisions of section 3(m) of the Railroad Retirement
Act of 1974 [section 231b(m) of this title] in the same manner as
other annuity amounts provided under section 3(a) of the Railroad
Retirement Act of 1974;
"(2) that portion of the individual's annuity as is provided
under section 3(b)(1) of the Railroad Retirement Act of 1974
[section 231b(b)(1) of this title] shall be in an amount, if any,
equal to the amount by which (A) his annuity under section 2(a)
of the Railroad Retirement Act of 1937 [section 228b(a) of this
title] for the month of December 1974 (before any reduction on
account of age and without regard to section 2(d) of such Act
[section 228b(d) of this title]) exceeds (B)(i), if such
individual is entitled to an annuity amount provided under
paragraph (3) of this subsection, the amount of the annuity which
would have been provided such individual under paragraph (1) of
this subsection (before any reduction due to such individual's
entitlement to a monthly insurance benefit under the Social
Security Act [section 301 et seq. of Title 42]) for the month of
January 1975 if he had no wages or self-employment income under
the Social Security Act other than wages derived from service as
an employee under the Railroad Retirement Act of 1974 [this
subchapter] after December 31, 1936, and before January 1, 1975,
or (ii), if such individual is not entitled to an annuity amount
provided under paragraph (3) of this subsection, the amount of
his annuity provided under paragraph (1) of this subsection
(before any reduction due to such individual's entitlement to a
monthly insurance benefit under the Social Security Act) for the
month of January 1975: Provided, however, That if the annuity of
any individual under the Railroad Retirement Act of 1937
[subchapter III of this chapter] for the month of December 1974
was computed under the first proviso of section 3(e) of such Act
[section 228c(e) of this title], the annuity of such individual
for purposes of clause (A) of this paragraph shall be no greater
than the annuity which such individual would have received under
such Act [subchapter III of this chapter] for the month of
December 1974, if no other person had been included in the
computation of the annuity of such individual; and
"(3) if the individual was entitled to an old-age insurance
benefit or a disability insurance benefit under the Social
Security Act [section 301 et seq. of Title 42] on December 31,
1974, or was fully insured under that Act on that date, the
annuity amounts provided under paragraphs (1) and (2) of this
subsection shall be increased by an amount determined under the
provisions of section 3(h)(1) of the Railroad Retirement Act of
1974 [section 231b(h)(1) of this title]: Provided, however, That,
if the individual was entitled to an old-age insurance benefit or
a disability insurance benefit under the Social Security Act on
December 31, 1974, such amount shall not be less nor more than an
amount which would cause the total of the annuity amounts
provided the individual by the provisions of this subsection for
the month of January 1975 to equal the total of the annuity under
the Railroad Retirement Act of 1937 [subchapter III of this
chapter] (prior to any reduction on account of age and without
regard to section 2(d) of that Act [section 228b(d) of this
title]) plus the old-age or disability insurance benefit under
the Social Security Act (before any reduction on account of age
and deductions on account of work) which such individual would
have received for such month if this Act [enacting this
subchapter] had not been enacted.
"(4) if the individual was entitled to a wife's, husband's,
widow's, or widower's insurance benefit under the Social Security
Act [section 301 et seq. of Title 42] on December 31, 1974, or is
the wife, husband, widow, or widower of a person who was fully
insured under that Act on that date, the annuity amounts provided
under paragraphs (1) and (2) of this subsection shall be
increased by an amount determined under the provisions of section
3(h)(3) of the Railroad Retirement Act of 1974 [section
231b(h)(3) of this title].
"(b) An individual who was awarded an annuity under section 2(a)
of the Railroad Retirement Act of 1937 [section 228b(a) of this
title], but who could not have become eligible for an annuity under
paragraph 2 of such section, shall not be eligible for an annuity
under paragraph (ii) of section 2(a)(1) of the Railroad Retirement
Act of 1974 [section 231a(a)(1) of this title].
"(c) An individual who was awarded an annuity under section 2(a)
of the Railroad Retirement Act of 1937 [section 228b(a) of this
title] shall not be entitled to an annuity amount computed under
the provisions of section 3(c) of the Railroad Retirement Act of
1974 [section 231b(c) of this title]: Provided, however, That the
provisions of this subsection shall not be applicable (i) to an
individual who will have rendered at least twelve months of service
as an employee to an employer (as defined in the Railroad
Retirement Act of 1974 [this section] after December 31, 1974, or
(ii) to an individual who was awarded an annuity under section
2(a)4 or 2(a)5 of the Railroad Retirement Act of 1937 [section
228b(a)4 or 228b(a)5 of this title] and who recovered from
disability and returned to the service of an employer (as defined
in the Railroad Retirement Act of 1974) [this section] after
December 31, 1974.
[Section 202(b) of Pub. L. 94-92 provided that: "The amendment
made by this section [enacting section 204(c) of Pub. L. 93-445]
shall be effective January 1, 1975."]
"(d) The annuity amount provided an individual by paragraph (1)
of this subsection as increased from time to time shall be deemed
to be the primary insurance amount of such individual for purposes
of computing the annuity of the spouse of such individual under
section 4(a) of the Railroad Retirement Act of 1974. [section
231c(a) of this title]."
[Effective Date of 1976 Amendment. Section 1(d) of Pub. L. 94-547
provided that: "The amendments made by this section [enacting
section 204(d) and amending sections 204(a)(1), (2) and 206(1) of
Pub. L. 93-445] shall be effective January 1, 1975: Provided,
however, That the increases in annuities effective June 1, 1975,
and June 1, 1976, shall be in the amount which would have been
provided if this Act [enacting section 204(d) of Pub. L. 93-445,
amending sections 204(a)(1), (2) and 206(1) of Pub. L. 93-445 and
this section and section 231c and 231n of this title and section
3231 of Title 26, Internal Revenue Code, and enacting provisions
set out as notes under this section and sections 231c and 231n of
this title and 3231 of Title 26] had not been enacted."]
"Sec. 205. (a) Every individual who was entitled to a
supplemental annuity under section 3(j) of the Railroad Retirement
Act of 1937 [section 228c(j) of this title] for the month of
December 1974, or who would have been entitled to such a
supplemental annuity for such month except for the provisions of
section 2(d) of such Act [section 228b(d) of this title], and who
would have been entitled to such a supplemental annuity for the
month of January 1975, if this Act [enacting this subchapter] had
not been enacted, shall be entitled to a supplemental annuity under
section 2(b)(1) of the Railroad Retirement Act of 1974 [section
231a(b)(1) of this title], beginning January 1, 1975, in an amount,
the provisions of section 3(e) of such Act [section 231b(e) of this
title] notwithstanding, equal to the amount of the supplemental
annuity to which such individual was entitled under section 3(j) of
the Railroad Retirement Act of 1937 [section 228c(j) of this title]
for the month of December 1974, or to which such individual would
have been entitled for such month under such section 3(j) [section
228c(j) of this title] except for the provisions of section 2(d) of
such Act [section 228b(d) of this title].
"(b) An individual who was awarded an annuity under section 2(a)
of the Railroad Retirement Act of 1937 [section 228b(a) of this
title], but who could not have become eligible for a supplemental
annuity under section 3(j) of such Act [section 228c(j) of this
title] if this Act had not been enacted, shall not be eligible for
a supplemental annuity under section 2(b) of the Railroad
Retirement Act of 1974 [section 231a(b) of this title].
"Sec. 206. Every spouse who was entitled to an annuity under
section 2(e) or 2(h) of the Railroad Retirement Act of 1937
[section 228b(e) or 228b(h) of this title] for the month of
December 1974, or who would have been entitled to such an annuity
for such month except for the provisions of section 2(d) of such
Act [section 228b(d) of this title], and who would have been
entitled to such an annuity for the month of January 1975, if this
Act [enacting this subchapter] had not been enacted, shall be
entitled to an annuity under section 2(c) of the Railroad
Retirement Act of 1974 [section 231a(c) of this title] beginning
January 1, 1975. For purposes of this section -
"(1) that portion of the spouse's annuity as is provided under
section 4(a) of the Railroad Retirement Act of 1974 [section
231c(a) of this title] shall initially be in an amount equal to
(A) the amount determined under clause (i) of section 3(a)(6) of
the Railroad Retirement Act of 1937 [section 228c(a)(6) of this
title] for the purpose of computing the last increase in the
amount of such spouse's annuity as computed under the provisions
of section 2 of the Railroad Retirement Act of 1937 [section 228b
of this title] or (B), if less in a case where such spouse is not
entitled to an annuity amount provided by paragraph (3) of this
section, the amount of the annuity under section 2(e) or 2(h) of
the Railroad Retirement Act of 1937 [section 228b(e) or (h) of
this section] (before any reduction on account of age and without
regard to section 2(d) of such Act [section 228b(d) of this
title]) which such spouse would have received for the month of
January 1975 if this Act [see Effective Date of 1976 Amendment
set out under section 204(d) hereinabove] had not been enacted:
Provided, however, That the amount of such annuity shall be
subject to reduction in accordance with the provisions of section
202(k) or 202(q) of the Social Security Act [section 402(k) or
402(q) of Title 42], other than a reduction on account of age, in
the same manner as any wife's insurance benefit or husband's
insurance benefit payable under section 202 of the Social
Security Act [section 402 of Title 42] and shall also be subject
to reduction in accordance with the provisions of section 4(i) of
the Railroad Retirement Act of 1974 [section 231c(i) of this
title];
[Effective Date of 1976 Amendment. See note set out under section
204(d) hereinabove.]
"(2) that portion of the spouse's annuity as is provided under
section 4(b) of the Railroad Retirement Act of 1974 [section
231c(b) of this title] shall be in an amount, if any, equal to 50
per centum of the individual's annuity as computed in accordance
with the provisions of paragraph (2) of section 204(a) of this
title: Provided, however, That, in case of a spouse who is not
entitled to an annuity amount provided under paragraph (3) of
this section, if (A) the amounts of the annuity provided a spouse
for the month of January 1975 by the provisions of paragraph (1)
(before any reduction due to such spouse's entitlement to a
wife's or husband's insurance benefit under the Social Security
Act [section 301 et seq. of Title 42]) and the proceeding
provisions of this paragraph exceed (B) the amount of the annuity
to which such spouse was entitled (before any reduction on
account of age) for the month of December 1974 under section 2(e)
or 2(h) of the Railroad Retirement Act of 1937 [section 228b(e)
or 228b(h) of this title] (deeming, for this purpose, any
increase in the amount of such annuity which, had this Act
[enacting this subchapter] not been enacted, would have become
effective January 1, 1975, by reason of an increase in the
maximum amount payable as a wife's insurance benefit under the
Social Security Act to have been effective for the month of
December 1974), or to which such spouse would have been entitled
for such month under such section 2(e) or 2(h) [section 228b(e)
or 228b(h) of this title] except for the provisions of section
2(d) of such Act [section 228b(d) of this title], the amount of
the annuity provided such spouse for the month of January 1975 by
the preceding provisions of this paragraph shall be reduced until
the total of the amounts described in clause (A) of this proviso
equals the amount described in clause (B): Provided further,
That, if the amount of the annuity of the spouse provided by
paragraph (1) of this section is reduced by reason of the
provisions of section 4(i)(2) of the Railroad Retirement Act of
1974 [section 231c(i)(2) of this title], the amount of the
annuity provided such spouse by the preceding provisions of this
paragraph shall not be less than an amount which would cause the
total of the annuity amounts provided such spouse under paragraph
(1) (before any reduction pursuant to the provisions of section
202(k) or 202(q) of the Social Security Act [section 402(k) or
402(q) of Title 42] and before any reduction due to such spouse's
entitlement to a wife's or husband's insurance benefit under the
Social Security Act) and paragraph (2) of this section for the
month of January 1975 to equal the amount of the annuity (before
any reduction on account of age) which such spouse would have
received for such month under section 2(e) or 2(h) of the
Railroad Retirement Act of 1937 [section 228b(e) or 228b(h) of
this title] (without regard to the provisions of section 2(d) of
that Act [section 228b(d) of this title]) if this Act [enacting
this subchapter] had not been enacted; and
"(3) if the spouse was entitled to an old-age insurance benefit
or a disability insurance benefit under the Social Security Act
[section 301 et seq. of Title 42] of [on] December 31, 1974, or
was fully insured under that Act on that date, or was entitled to
a wife's or a husband's insurance benefit under that Act on that
date, the annuity amounts provided under paragraphs (1) and (2)
of this section shall be increased by an amount determined under
the provisions of section 4(e)(1) [section 231c(e)(1) of this
title], or, if the spouse was entitled only to a wife's or
husband's insurance benefit, 4(e)(3) [section 231c(e)(3) of this
title] of the Railroad Retirement Act of 1974: Provided, however,
That, if the spouse was entitled to a monthly insurance benefit
under the Social Security Act of [on] December 31, 1974, such
amount shall not be less nor more than an amount which would
cause (A) the total of (i) the annuity amounts provided the
spouse by the provisions of this section for the month of January
1975 plus (ii) the monthly insurance benefit to which such spouse
is entitled for that month under the Social Security Act (before
any reductions on account of age and deductions on account of
work) to equal (B) the total of (i) the spouse's annuity under
the Railroad Retirement Act of 1937 [subchapter III of this
chapter] (prior to any reduction on account of age and without
regard to section 2(d) of that Act [section 228b(d) of this
title]) plus (ii) the monthly insurance benefit under the Social
Security Act (before any reduction on account of age and
deductions on account of work) which such spouse would have
received for such month if this Act [enacting this subchapter]
had not been enacted.
"Sec. 207. Every survivor who was entitled to an annuity under
section 5 of the Railroad Retirement Act of 1937 [section 228e of
this title] for the month of December 1974, or who would have been
entitled to such an annuity for such month except for the
provisions of section 5(i) of such Act [section 228e(i) of this
title], and who would have been entitled to such an annuity for the
month of January 1975, if this Act [enacting this subchapter] had
not been enacted, shall be entitled to an annuity under section
2(d) of the Railroad Retirement Act of 1974 [section 231a(d) of
this title] beginning January 1, 1975. For purposes of this section
-
"(1) that portion of the survivor's annuity as is provided
under section 4(f) of the Railroad Retirement Act of 1974
[section 231c(f) of this title] shall initially be in an amount
equal to the amount determined under clause (i) of section
3(a)(6) of the Railroad Retirement Act of 1937 [section
228c(a)(6) of this title] for the purpose of computing the last
increase in the amount of such survivor's annuity as computed
under the provisions of section 5(q) of the Railroad Retirement
Act of 1937 [section 228e(q) of this title]: Provided, however,
That the amount of such annuity shall be subject to reduction in
accordance with the provisions of section 202(k) or 202(q) of the
Social Security Act [section 402(k) or 402(q) of Title 42] in the
same manner as any widow's insurance benefit, mother's insurance
benefit, widower's insurance benefit, parent's insurance benefit,
or child's insurance benefit payable under section 202 of the
Social Security Act [section 402 of Title 42] and shall also be
subject to reduction in accordance with the provisions of section
4(i)(2) of the Railroad Retirement Act of 1974 [section
231c(i)(2) of this title];
"(2) that portion of the survivor's annuity as is provided
under section 4(g) of the Railroad Retirement Act of 1974
[section 231c(g) of this title] shall initially be in an amount
equal to 30 per centum of the amount computed in accordance with
the provisions of paragraph (1) of this section prior to any
reductions, other than reductions on account of age, in
accordance with the provisions of section 202(k) or 202(q) of the
Social Security Act [section 402(k) or 402(q) of Title 42] and
prior to any reductions in accordance with, the provisions of
section 4(i)(2) of the Railroad Retirement Act of 1974 [section
231c(i)(2) of this title]: Provided, however, That, if such
survivor is not entitled to an annuity amount provided under
paragraph (3) of this section, such amount shall not be less than
an amount which would cause (A) the total of the annuity amounts
provided the survivor by the provisions of this section for the
month of January 1975 to equal (B) the amount of the annuity
which the survivor would have received for such month under
section 5 of the Railroad Retirement Act of 1937 [section 228e of
this title] (without regard to section 5(i) of that Act [section
228e(i) of this title]) if this Act [enacting this subchapter]
had not been enacted; and
"(3) if the survivor is a widow or widower who was entitled to
an old-age insurance benefit or a disability insurance benefit
under the Social Security Act [section 301 et seq. of Title 42]
on December 31, 1974, or was fully insured under that Act on that
date, the annuity amounts provided under paragraphs (1) and (2)
of this section shall be increased by an amount determined under
the provisions of 4(h)(1) of the Railroad Retirement Act of 1974
[section 231c(h)(1) of this title]: Provided, however, That, if
the widow or widower was entitled to a monthly insurance benefit
under the Social Security Act on December 31, 1974, such amount
shall not be less nor more than an amount which would cause (A)
the total of (i) the annuity amounts provided the widow or
widower by the provisions of this section for the month of
January 1975 plus (ii) the monthly insurance benefit to which
such widow or widower is entitled for that month under the Social
Security Act (before any deductions on account of work) to equal
(B) the total of (i) the widow's or widower's annuity under the
Railroad Retirement Act of 1937 [subchapter III of this chapter]
(without regard to section 5(i) of that Act [section 228e(i) of
this title]) plus (ii) the monthly insurance benefit under the
Social Security Act (before any deductions on account of work)
which such widow or widower would have received for such month if
this Act [enacting this subchapter] had not been enacted.
"Sec. 208. For purposes of paragraph (1) of section 204(a),
paragraph (1) of section 206, and paragraph (1) of section 207, the
fact that the amount of the annuity payable to an individual,
spouse, or survivor under the Railroad Retirement Act of 1937
[subchapter III of this chapter] for the month of December 1974 may
not (i) in the case of an individual have been computed under the
provisions of section 3(a) of such Act [section 228c(a) of this
title] or that part of section 3(e) of such Act [section 228c(e) of
this title] which precedes the first proviso; (ii) in the case of a
spouse, have been computed under the provisions of section 2 of
such Act [section 228b of this title], or (iii) in the case of a
survivor, have been computed under the provisions of section 5 of
such Act [section 228e of this title], shall be disregarded, and
the amount determined under clause (i) of section 3(a)(6) of such
Act [section 228c(a)(6) of this title] with respect to such
individual, spouse, or survivor shall, for purposes of such
paragraphs, be the amount which would have been determined under
such clause (i) if the annuity of such individual had been computed
under the provisions of section 3(a) [section 228c(a) of this
title], and that part of section 3(e) [section 228c(e) of this
title] which preceded the first proviso, of such Act; the annuity
of such spouse had been computed under the provisions of section 2
of such Act [section 228b of this title]; or the annuity of such
survivor had been computed under the provisions of section 5 of
such Act [section 228e of this title].
"Sec. 209. (a) Whenever monthly insurance benefits under section
202 of the Social Security Act [section 402 of Title 42] are
increased, the amount of each annuity provided by section 202(a),
section 203(a), paragraph (1) of section 204(a), paragraph (1) of
section 206, and paragraphs (1) and (2) of section 207 shall be
increased in the same manner, and effective the same date as other
annuities of the same type payable under section 2 of the Railroad
Retirement Act of 1974 [section 231a of this title] are increased.
"(b) The annuity amounts provided by section 202(b), section
203(b), paragraph (2) of section 204(a), and paragraph (2) of
section 206 shall be increased by the same percentage, or
percentages, and effective the same date, or dates, as other
annuity amounts of the same type are increased pursuant to the
provisions of section 3(g) of the Railroad Retirement Act of 1974
[section 231b(g) of this title].
"Sec. 210. The election of a joint and survivor annuity made
before July 31, 1946, by an individual to whom an annuity accrues
under the Railroad Retirement Act of 1937 [subchapter III of this
chapter] before January 1, 1975, shall be given effect as though
the provisions of law under which the election was made had
continued to be operative unless such election had been revoked
prior to the time the annuity of such individual began to accrue."
FOOTNOTE
(!1) So in original. Probably should be "seniority".
(!2) See References in Text note below.