All Agencies, Latest Month All Agencies, Previous FY Geographic Distribution
of Convictions for
All Agencies, FY 2013
Prosecution Report
Not Available
Prosecution Report
Not Available
Conviction Report
Not Available
1 Conviction
in Fiscal Year 2013

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.
Customized queries of TRAC's data TRAC FBI Web Site TRAC DEA Web Site TRAC Immigration Web Site TRAC DHS Web Site TRAC IRS Web Site TRAC ATF Web Site TRAC Reports Web Site
Transactional Records Access Clearinghouse, Syracuse University
Copyright 2010
TRAC Web Site