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US (United States) Code. Title 45. Chapter 9: Retirement of railroad employees

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-CITE-

45 USC CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

-HEAD-

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

-MISC1-

SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

Sec.

201 to 214. Omitted or Repealed.

SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935

215 to 228. Omitted.

SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

228a to 228z-1. Omitted or Repealed.

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

231. Definitions.

231a. Annuity eligibility requirements.

(a) Individuals eligible for annuities; disability

standards; proof of continued disability.

(b) Individuals eligible for supplemental

annuities.

(d) Survivors eligible for annuities.

(e) Compensated service; rights to return.

(f) Deductions on account of work.

(g) Employment compensation of survivors;

deductions.

(h) Military service; reductions.

(i) Limitation; service accrued after 1995.

231b. Computation of annuities.

(a) Amount.

(b) Increased annuities under subsection (a).

(c), (d) Repealed.

(e) Supplemental annuities.

(f) Reductions in annuities.

(g) Increased annuities under subsection (b).

(h) Increased annuities under subsections (a) and

(b).

(i) Years of service.

(j) Average monthly compensation.

(k) Employee representatives.

(l) Reductions for increased annuities.

(m) Reductions due to monthly social security

payments.

231c. Computation of spouse and survivor annuities.

(a) Amount of spouses' annuities; age.

(b) Increases in spouses' annuities in accordance

with section 231b(b), (c), (d) of this title.

(d) Increases in spouses' annuities in accordance

with section 231b(g) of this title.

(e) Increases in particular spouses' annuities.

(f) Amount of survivors' annuities; age;

entitlement.

(g) Increases in survivor's annuities in accordance

with subsection (f).

(h) Increases in particular widows' and widowers'

annuities.

(i) Reductions in survivors' annuities.

231d. Annuity beginning and ending dates.

(a) Annuities under section 231a of this title.

(b) Applications for payment.

231e. Lump sum payments.

(a) Eligible annuities; applications; reversion;

determination of status of recipient.

(b) Payments in accordance with Railroad Retirement

Act of 1937 and Social Security Act.

(d) Payments to recipients ineligible for certain

other annuities.

(e) Additional lump sum payment in certain cases.

231f. Railroad Retirement Board.

(a) Administration.

(b) Powers and duties.

(d) Hospital insurance benefits; certified

beneficiaries; disability insurance benefits;

services in Canada; exchange of information.

(e) Acceptance of gifts and bequests.

(f) Congressional copies of documents submitted or

transmitted to President or Office of

Management and Budget.

231f-1. Annual actuarial report.

231g. Court jurisdiction.

231h. Returns of compensation; conclusiveness.

231i. Erroneous payments.

(a) Recovery.

(b) Adjustments.

(d) Liability of officers.

231j. Waiver of annuities.

231k. Incompetence.

231l. Penalties.

231m. Assignability; exemption from levy.

231n. Railroad Retirement Account.

(a) Maintenance of account; authorization of

appropriations.

(b) Authorization of appropriations; military

service costs and administrative expenses.

(d) Dual Benefits Payments Account.

(e) Investments.

(f) Actuarial Advisory Committee.

(g) Annual report.

(h) Authorization of appropriations; administrative

expenses of subchapter.

(i) Crediting of accounts for unnegotiated benefit

checks.

(j) National Railroad Retirement Investment Trust.

(k) Transfers to the Trust.

(l) National Railroad Retirement Investment Trust.

231n-1. Social Security Equivalent Benefit Account.

(a) Establishment.

(b) Transfers, etc., to Social Security Equivalent

Benefit Account.

(d) Transfers to Social Security Equivalent Benefit

Account and National Railroad Retirement

Investment Trust.

(e) Applicability of section 231n.

(f) References to Railroad Retirement Account

deemed references to Social Security

Equivalent Benefit Account; "social security

equivalent benefits" defined.

231o. Private pensions.

231p. Free transportation.

231q. Crediting service under Social Security Act.

231r. Automatic benefit eligibility requirement adjustments.

(a) Reduced benefits.

(b) Additional eligible beneficiaries.

benefits.

(d) Limitations.

231s. Separability.

231t. Short title.

231u. Benefit preservation.

231v. Computation and certification of account benefit

ratios.

(a) Initial computation and certification.

(b) Computations and certifications after 2003.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 sections 405, 415.

-End-

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45 USC SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-HEAD-

SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-End-

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45 USC Secs. 201 to 208 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-HEAD-

Secs. 201 to 208. Omitted

-COD-

CODIFICATION

Sections 201 to 208, sections 1 to 8, respectively, of act June

27, 1934, ch. 868, Sec. 1, 48 Stat. 1283-1286, were omitted

pursuant to the decision in the case of Railroad Retirement Board

v. Alton R. Co. (Dist. of Col., 1935), 295 U.S. 330, 55 S.Ct. 758,

79 L.Ed. 1468, declaring this subchapter unconstitutional.

Section 201 defined terms for purposes of this subchapter.

Section 202 stated purposes of this subchapter and required a

special report to be sent from the Railroad Retirement Board to the

President.

Section 203 related to annuities paid under this subchapter.

Section 204 related to compulsory retirement.

Section 205 related to employee contributions.

Section 206 related to existing pension systems.

Section 207 related to employee representatives.

Section 208 related to retirement fund established under this

subchapter.

Provisions relating to refund of sums paid by railroads and other

carriers of the United States under this subchapter were contained

in act June 1, 1938, ch. 315, Secs. 1, 2, 52 Stat. 608.

-End-

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45 USC Sec. 209 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-HEAD-

Sec. 209. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 649

-MISC1-

Section, act June 27, 1934, ch. 868, Sec. 9, 48 Stat. 1287,

established a Railroad Retirement Board and set out its functions.

-End-

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45 USC Secs. 210 to 214 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER I - RAILROAD RETIREMENT ACT OF 1934

-HEAD-

Secs. 210 to 214. Omitted

-COD-

CODIFICATION

Sections 210 to 214, sections 10 to 14, respectively, of act June

27, 1934, ch. 868, Sec. 10, 48 Stat. 1288, 1289, were omitted as

unconstitutional. See section 201 of this title.

Section 210 related to jurisdiction of certain courts.

Section 211 related to exemption of annuities or death payments

from legal process.

Section 212 related to penalties for missed payments by carriers

and has been omitted from the Code as unconstitutional.

Section 213 related to certain other penalties.

Section 214 related to separability of provisions.

-End-

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45 USC SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935

-HEAD-

SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935

-COD-

CODIFICATION

This subchapter was comprised of act Aug. 29, 1935, ch. 812,

Secs. 1-14, 49 Stat. 967 to 973, known as the Railroad Retirement

Act of 1935, and was amended in its entirety and completely revised

by act June 24, 1937, ch. 382, 50 Stat. 307. The act, as amended

and revised, was redesignated the Railroad Retirement Act of 1937

and was classified to subchapter III of this chapter. The Railroad

Retirement Act of 1935 continued in effect with respect to

individuals granted annuities prior to enactment of the Railroad

Retirement Act of 1937. It was specifically amended by act June 11,

1940, ch. 307, Sec. 2, 54 Stat. 264, and by act Aug. 13, 1940, ch.

664, Secs. 2, 3, 54 Stat. 785.

-End-

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45 USC Secs. 215 to 228 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER II - RAILROAD RETIREMENT ACT OF 1935

-HEAD-

Secs. 215 to 228. Omitted

-COD-

CODIFICATION

Sections 215 to 228 were omitted pursuant to the amendment and

revision of act Aug. 29, 1935, ch. 812 by act June 24, 1937, ch.

382, 50 Stat. 307, known as the Railroad Retirement Act of 1937.

Section 215, acts Aug. 29, 1935, ch. 812, Sec. 1, 49 Stat. 967;

June 11, 1940, ch. 307, Sec. 2, 54 Stat. 264; Aug. 13, 1940, ch.

664, Secs. 2, 3, 54 Stat. 780, defined terms for purposes of this

subchapter.

Section 216, act Aug. 29, 1935, ch. 812, Sec. 2, 49 Stat. 968,

related to reductions in annuities of employees working beyond age

sixty-five.

Section 217, act Aug. 29, 1935, ch. 812, Sec. 3, 49 Stat. 969,

related to employees eligible for annuities under this subchapter.

Section 218, act Aug. 29, 1935, ch. 812, Sec. 4, 49 Stat. 969,

related to annuities to representatives under this subchapter.

Section 219, act Aug. 29, 1935, ch. 812, Sec. 5, 49 Stat. 970,

related to death payments under this subchapter.

Section 220, act Aug. 29, 1935, ch. 812, Sec. 6, 49 Stat. 970,

related to establishment of Railroad Retirement Board.

Section 221, act Aug. 29, 1935, ch. 812, Sec. 7, 49 Stat. 971,

related to issuance of a special report on retirement system by

Board.

Section 222, act Aug. 29, 1935, ch. 812, Sec. 8, 49 Stat. 972,

related to establishment of Investigation Commission.

Section 223, act Aug. 29, 1935, ch. 812, Sec. 9, 49 Stat. 973,

related to court jurisdiction under this subchapter.

Section 224, act Aug. 29, 1935, ch. 812, Sec. 10, 49 Stat. 973,

related to assignability of annuity payments.

Section 225, act Aug. 29, 1935, ch. 812, Sec. 11, 49 Stat. 973,

related to penalties under this subchapter.

Section 226, act Aug. 29, 1935, ch. 812, Sec. 12, 49 Stat. 973,

related to separability of provisions.

Section 227, act Aug. 29, 1935, ch. 812, Sec. 13, 49 Stat. 973,

related to authorization of appropriations under this subchapter.

Section 228, act Aug. 29, 1935, ch. 812, Sec. 14, 49 Stat. 973,

related to short title of this subchapter.

-MISC1-

EFFECT OF AMENDMENTS TO SECTION 215 OF THIS TITLE

Act June 11, 1940, ch. 307, Sec. 2, 54 Stat. 264, provided that

the amendment of section 215 of this title by act June 11, 1940,

was to have the same effect as if it had been part of the Railroad

Retirement Act of 1935 from its enactment on Aug. 29, 1935.

SHORT TITLE; CONTINUATION AND EFFECT OF RAILROAD RETIREMENT ACT OF

1935

Act June 24, 1937, ch. 382, Secs. 201-205, 50 Stat. 318, 319, as

amended by acts Oct. 8, 1940, ch. 757, title VI, pt. II, 54 Stat.

1014; Apr. 8, 1942, ch. 227, Sec. 10, 56 Stat. 207; Oct. 30, 1966,

Pub. L. 89-700, title I, Sec. 111, 80 Stat. 1085, provided that act

Aug. 29, 1935, ch. 812, Secs. 1 to 14, 49 Stat. 967 to 973,

comprising subchapter II of this chapter, as in effect prior to

amendment by act June 24, 1937, was to be known as the Railroad

Retirement Act of 1935 and that such act, as amended by act June

24, 1937, was to be known as the Railroad Retirement Act of 1937,

set out transitional provisions for adjudication of claims under

both the Railroad Retirement Acts of 1935 and 1937, and provided

that the enactment of act June 24, 1937 was to have no effect on

members of the Railroad Retirement Board in office on June 24,

1937, except that persons experienced in railroad service were to

be retained in the employ of the Board, even if unqualified for

service under the civil service law and rules, where the Board

determined that they possessed the necessary qualifications.

-End-

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45 USC SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-HEAD-

SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-COD-

CODIFICATION

This subchapter was comprised of act Aug. 29, 1935, ch. 812, as

restated by act June 24, 1937, ch. 382, 50 Stat. 307, known as the

Railroad Retirement Act of 1937. The Railroad Retirement Act of

1937 was amended in its entirety and completely revised by Pub. L.

93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, effective

Jan. 1, 1975. The act, as amended and revised by Pub. L. 93-445,

was redesignated the Railroad Retirement Act of 1974 and is

classified to subchapter IV of this chapter.

-End-

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45 USC Secs. 228a to 228c-1 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-HEAD-

Secs. 228a to 228c-1. Omitted

-COD-

CODIFICATION

Sections 228a to 228c-1 were omitted pursuant to the amendment

and revision of act Aug. 29, 1935, ch. 812, by Pub. L. 93-445,

title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, known as the

Railroad Retirement Act of 1974.

Section 228a, act Aug. 29, 1935, ch. 812, Sec. 1, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 307; amended June

11, 1940, ch. 307, Sec. 1, 54 Stat. 264; Aug. 13, 1940, ch. 664,

Secs. 1, 3, 54 Stat. 785, 786; Oct. 10, 1940, ch. 842, Sec. 25, 54

Stat. 1100; Apr. 8, 1942, ch. 227, Sec. 13, 56 Stat. 209; July 31,

1946, ch. 709, Secs. 1, 2, 201 to 204, 60 Stat. 722, 725 to 727;

Oct. 30, 1951, ch. 632, Sec. 1, 65 Stat. 683; July 18, 1952, ch.

945, Sec. 6(d)(1), 66 Stat. 777; Aug. 31, 1954, ch. 1164, pt. I,

Sec. 1, 68 Stat. 1038; Sept. 1, 1954, ch. 1206, title IV, Sec.

401(a), 68 Stat. 1097; Aug. 1, 1956, ch. 836, title I, Sec. 120(a),

70 Stat. 836; Aug. 1, 1956, ch. 837, title IV, Sec. 408(c), 70

Stat. 877; Aug. 30, 1957, Pub. L. 85-238, Sec. 4(a), 71 Stat. 520;

Aug. 28, 1958, Pub. L. 85-840, title VII, Sec. 703, 72 Stat. 1056;

Sept. 13, 1960, Pub. L. 86-778, title VII, Sec. 708, 74 Stat. 997;

June 30, 1961, Pub. L. 87-64, title III, Sec. 301, 75 Stat. 142;

July 30, 1965, Pub. L. 89-97, title III, Sec. 326(a), 79 Stat. 400;

Sept. 29, 1965, Pub. L. 89-212, Sec. 2(f), 79 Stat. 860; Oct. 30,

1966, Pub. L. 89-700, title I, Sec. 101, 80 Stat. 1079; Feb. 15,

1968, Pub. L. 90-257, title I, Sec. 101, 82 Stat. 16; Oct. 22,

1968, Pub. L. 90-624, Sec. 2, 82 Stat. 1316, defined terms for

purposes of this subchapter. See section 231 of this title.

Section 228b, act Aug. 29, 1935, ch. 812, Sec. 2, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 309; amended July

31, 1946, ch. 709, Secs. 205, 206, 60 Stat. 727, 728; Oct. 30,

1951, ch. 632, Secs. 2, 3, 5, 65 Stat. 683; Aug. 31, 1954, ch.

1164, pt. I, Secs. 2, 3, 68 Stat. 1038; Sept. 1, 1954, ch. 1206,

title IV, Sec. 401(b), 68 Stat. 1097; Aug. 12, 1955, ch. 869, Sec.

1, 69 Stat. 715; May 19, 1959, Pub. L. 86-28, pt. I, Sec. 1, 73

Stat. 25; Sept. 22, 1961, Pub. L. 87-285, Secs. 1, 2, 75 Stat. 585;

Sept. 29, 1965, Pub. L. 89-212, Sec. 1, 79 Stat. 858; Oct. 30,

1966, Pub. L. 89-699, title II, Sec. 201(a), 80 Stat. 1075; Oct.

30, 1966, Pub. L. 89-700, title I, Sec. 102, 80 Stat. 1079; Feb.

15, 1968; Pub. L. 90-257, title I, Secs. 102, 103, 82 Stat. 16;

Aug. 12, 1970, Pub. L. 91-377, Sec. 2, 84 Stat. 791; July 2, 1971,

Pub. L. 92-46, Sec. 2, 85 Stat. 101; Oct. 4, 1972, Pub. L. 92-460,

Sec. 1(b), (c), 86 Stat. 765; July 10, 1973, Pub. L. 93-69, title

I, Secs. 101, 104(b), (c), 87 Stat. 162, 164, related to

eligibility of individuals for annuities under this subchapter. See

section 231a of this title.

Section 228c, act Aug. 29, 1935, ch. 812, Sec. 3, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 310; amended July

31, 1946, ch. 709, Secs. 207-211, 60 Stat. 728, 729; June 23, 1948,

ch. 608, Sec. 1, 62 Stat. 576; Oct. 30, 1951, ch. 632; Secs. 6-10,

65 Stat. 684; June 16, 1954, ch. 300, Sec. 1, 68 Stat. 250; Aug.

31, 1954, ch. 1164, pt. I, Secs. 4-7, 68 Stat. 1038, 1039; Aug. 7,

1956, ch. 1022, Sec. 1, 70 Stat. 1076; Sept. 6, 1958, Pub. L.

85-927, pt. I, Sec. 1, 72 Stat. 1778; May 19, 1959, Pub. L. 86-28,

pt. I, Sec. 2, 73 Stat. 26; Sept. 13, 1960, Pub. L. 86-778, title

II, Sec. 211(o)(1), 74 Stat. 958; Oct. 5, 1963, Pub. L. 88-133,

title I, Secs. 1, 2, 77 Stat. 219; Sept. 29, 1965, Pub. L. 89-212,

Sec. 3(a), (b), 79 Stat. 860; Oct. 30, 1966, Pub. L. 89-699, title

I, Sec. 1, title II, Sec. 201(b), (c), 80 Stat. 1073, 1075, 1076;

Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 103, title III, Sec.

301(i), (iv)(a), 80 Stat. 1080, 1088; Feb. 15, 1968, Pub. L.

90-257, title I, Sec. 104, 82 Stat. 17; Mar. 17, 1970, Pub. L.

91-215, Secs. 1, 2, 84 Stat. 70; Aug. 12, 1970, Pub. L. 91-377,

Sec. 1, 84 Stat. 791, July 2, 1971, Pub. L. 92-46, Sec. 1, 85 Stat.

101; Oct. 4, 1972, Pub. L. 92-460, Sec. 1(a), (d), 86 Stat. 765;

July 6, 1973, Pub. L. 93-58, Sec. 1, 87 Stat. 141; July 10, 1973,

Pub. L. 93-69, title I, Sec. 104(a), 87 Stat. 163; Oct. 16, 1974,

Pub. L. 93-445, title VI, Sec. 601, 88 Stat. 1360, related to

computation of annuities under this subchapter. See section 231b of

this title.

Section 228c-1, act Aug. 29, 1935, ch. 812, Sec. 4, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, as added Oct. 8, 1940, ch.

757, title VI, pt. II, Sec. 625, 54 Stat. 1014; amended Apr. 8,

1942, ch. 227, Secs. 1-8, 56 Stat. 204-206; July 31, 1946, ch. 709,

Sec. 212, 60 Stat. 729; Oct. 30, 1951, ch. 632, Sec. 4, 65 Stat.

683; Aug. 1, 1956, ch. 837, title IV, Sec. 408(a), (b), 70 Stat.

876; Oct. 5, 1963, Pub. L. 88-133, title I, Secs. 3, 4, 77 Stat.

219; Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 104, 80 Stat.

1081, related to consideration of time spent in military service in

computation of annuities. See section 228a of this title.

-MISC1-

ANNUITIES, PENSIONS, AND JOINT AND SURVIVOR ANNUITY ELECTIONS

Act July 31, 1946, ch. 709, Secs. 404-407, 60 Stat. 742, provided

that the rights of persons to whom pensions or annuities were

awarded before July 31, 1946 were to be governed by the applicable

provisions of law in effect prior to that date, that the election

of a joint and survivor annuity made before July 31, 1946, by a

person to whom the annuity accrued before Jan. 1, 1947, was to be

given effect as though the provisions of law under which the

election was made had continued to be operative, that death

payments under sections 219 and 228e of this title, other than

survivor annuities pursuant to an election, were to be made only

with respect to deaths occurring before Jan. 1, 1947, and that any

person to whom an annuity accrued before Jan. 1, 1947, and who

would as of the date of the initial accrual have been entitled to

an annuity in a greater amount by reason of the amendments by act

July 31, 1946, had such amendments been in effect at the date of

initial accrual, was to be awarded the annuity in such greater

amount without additional application therefor.

REDUCTION OF ANNUITY BECAUSE OF PRIOR DISABILITY ANNUITY TERMINATED

BY RECOVERY

Act July 31, 1946, ch. 709, Sec. 408, 60 Stat. 742, provided that

no annuities accruing after July 1946 were to be reduced under

section 228b(a)(3) of this title in order to compensate for an

annuity terminated by recovery from a disability.

DUAL BENEFIT PROVISION; RETROACTIVE PAYMENT TO SURVIVORS

Act June 16, 1954, ch. 300, Sec. 2, 68 Stat. 250, provided that

in the case of a decedent dying before July 1, 1954, so much of any

annuity or pension payment due such decedent under section 228c(b)

of this title, was to be paid only to the widow or widower of the

decedent, if living, or to the child or children of such decedent,

in the alternative, if living.

PERCENTAGE ADJUSTMENT

Pub. L. 92-46, Sec. 4, July 2, 1971, 85 Stat. 101, authorized the

Railroad Retirement Board to make certain adjustments in allowance

percentages under this subchapter, so that the percentages when

applied against certain social security benefits, would result in

amounts comparable to those in effect prior to the changes made by

Pub. L. 92-5, Mar. 17, 1971, 85 Stat. 5, known as the Social

Security Amendments of 1971.

RECERTIFICATIONS BY RAILROAD RETIREMENT BOARD

Pub. L. 93-69, Sec. 106, July 10, 1973, 87 Stat. 165, provided

that all recertifications required by reason of the amendments made

by sections 104 and 105 of Pub. L. 93-69 were to be made by the

Board without application therefor.

Pub. L. 92-460, Sec. 3, Oct. 4, 1972, 86 Stat. 766, provided that

all recertifications required by reason of the amendments made by

Pub. L. 92-460 were to be made by the Board without application

therefor.

Pub. L. 92-46, Sec. 6, July 2, 1971, 85 Stat. 102, provided that

all recertifications required by reason of the amendments made by

Pub. L. 92-46 were to be made by the Board without application

therefor.

Pub. L. 91-377, Sec. 4(b)(2), Aug. 12, 1970, 84 Stat. 792,

provided that all recertifications required by reason of the

amendments made by Pub. L. 91-377 to sections 228b, 228c, 228e, and

228o of this title were to be made by the Board without application

therefor.

Pub. L. 90-257, Sec. 108(c), Feb. 15, 1968, 82 Stat. 23, provided

that all recertifications required by reason of the amendments made

by Pub. L. 90-257 to sections 228a, 228b, 228c, 228e, and 228j of

this title were to be made by the Board without application

therefor.

Pub. L. 89-699, Sec. 202(b), Oct. 30, 1966, 80 Stat. 1077,

provided that all recertifications required by reason of the

amendments made by Pub. L. 89-699 were to be made by the Board

without application therefor.

Pub. L. 86-28, Sec. 6(b), Mar. 19, 1959, 73 Stat. 28, provided

that all recertifications required by reason of the amendments made

by Pub. L. 86-28 to sections 228b, 228c, 228e, 228s-1 and the

enactment of section 228z-1 of this title were to be made by the

Board without application therefor.

Act Oct. 30, 1951, ch. 632, Sec. 25(j), 65 Stat. 691, provided

that all recertifications by the Board under act Oct. 30, 1951 were

to be made without applications therefor unless required by reason

of section 9 of act Oct. 30, 1951, in which case, recertifications

were to be made only upon application therefor in such manner and

form as the Board was to prescribe.

Act June 23, 1948, ch. 608, Sec. 3, 62 Stat. 577, provided in

part that all recertifications required by reason of act June 23,

1948 were to be made by the Board without application therefor.

RESTRICTIONS ON ESTABLISHMENT OF NEW ANNUITIES AND USE OF CERTAIN

LABOR TACTICS

Pub. L. 91-215, Sec. 7, Mar. 17, 1970, 84 Stat. 72, placed

certain limitations on the utilization of particular procedures

established under the Railway Labor Act, section 151 et seq. of

this title, when alterations in the provisions of this subchapter

regarding certain annuity payments were being sought and placed

similar limitations on the use of strikes and lockouts as labor

practices when such changes were being sought.

-End-

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45 USC Sec. 228d 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-HEAD-

Sec. 228d. Repealed. July 31, 1946, ch. 709, Sec. 212, 60 Stat. 729

-MISC1-

Section, act Aug. 29, 1935, ch. 812, Sec. 4, as restated June 24,

1937, ch. 382, pt. I, Sec. 1, 50 Stat. 311, related to joint and

survivor annuity.

-End-

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45 USC Secs. 228e to 228z-1 01/06/03

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TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER III - RAILROAD RETIREMENT ACT OF 1937

-HEAD-

Secs. 228e to 228z-1. Omitted

-COD-

CODIFICATION

Sections 228e to 228z-1 were omitted pursuant to the amendment

and revision of act Aug. 29, 1935, ch. 812, by Pub. L. 93-445,

title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, known as the

Railroad Retirement Act of 1974.

Section 228e, act Aug. 29, 1935, ch. 812, Sec. 5, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 312; amended Apr.

8, 1942, ch. 227, Sec. 12, 56 Stat. 208; 1946 Reorg. Plan No. 2,

Sec. 4, eff. July 16, 1946; 11 F.R. 7873, 60 Stat. 1095; acts July

31, 1946, ch. 709, Sec. 213, 60 Stat. 729; June 23, 1948, ch. 608,

Sec. 2, 62 Stat. 577; Oct. 30, 1951, ch. 632, Secs. 11 to 23, 65

Stat. 685; July 18, 1952, ch. 945, Sec. 6(d)(2), (3), 66 Stat. 777;

1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953 18 F.R.

2053, 67 Stat. 631; acts Aug. 31, 1954, ch. 1164, pt. I, Secs.

8-14, 68 Stat. 1039; Sept. 1, 1954, ch. 1206, title I, Sec. 106(f),

title IV, Sec. 401(b)-(d), 68 Stat. 1081, 1097; Aug. 12, 1955, ch.

869, Secs. 2, 3, 69 Stat. 716; Aug. 1, 1956, ch. 836, title I, Sec.

120(b), (c), 70 Stat. 836; Aug. 7, 1956, ch. 1022, Sec. 2, 70 Stat.

1076; Aug. 30, 1957, Pub. L. 85-238, Sec. 4(b), (c), 71 Stat. 520;

Sept. 6, 1958, Pub. L. 85-927, Sec. 2, 72 Stat. 1779; May 19, 1959,

Pub. L. 86-28, pt. I, Sec. 3, 73 Stat. 27; Sept. 13, 1960, Pub. L.

86-778, title II, Sec. 211(o)(2), 74 Stat. 958; Sept. 22, 1961,

Pub. L. 87-285, Sec. 3, 75 Stat. 585; Oct. 5, 1963, Pub. L. 88-133,

title I, Secs. 5, 6, 77 Stat. 220; July 30, 1965, Pub. L. 89-97,

title I, Sec. 111(b)(2), title III, Sec. 326(b), 79 Stat. 341, 400;

Sept. 29, 1965, Pub. L. 89-212, Sec. 3(c)-(e), 79 Stat. 860; Oct.

30, 1966, Pub. L. 89-699, title II, Sec. 201(d)-(f), 80 Stat. 1076;

Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 105, title III, Sec.

301(i), (iv)(b), (c), 80 Stat. 1082, 1088; Jan. 2, 1968, Pub. L.

90-248, title I, Sec. 151(d)(3), 81 Stat. 860; Feb. 15, 1968, Pub.

L. 90-257, title I, Sec. 105, 82 Stat. 19; Aug. 12, 1970, Pub. L.

91-377, Sec. 3, 84 Stat. 791, July 2, 1971, Pub. L. 92-46, Sec. 3,

85 Stat. 101; Oct. 4, 1972, Pub. L. 92-460, Sec. 1(e), (f), 86

Stat. 766; July 6, 1973, Pub. L. 93-58, Sec. 2, 87 Stat. 141; July

10, 1973, Pub. L. 93-69, title I, Sec. 104(d), 87 Stat. 164,

related to annuities and lump sum payments for survivors. See

sections 231c and 231e of this title.

Section 228f, act Aug. 29, 1935, ch. 812, Sec. 6, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 312, related to

pensions to individuals on pension or gratuity rolls of employers.

See section 231o of this title.

Section 228g, act Aug. 29, 1935, ch. 812, Sec. 7, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 313, related to

additional pensions or gratuities by employers. See section 231o of

this title.

Section 228h, act Aug. 29, 1935, ch. 812, Sec. 8, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 313; amended July

31, 1946, ch. 709, Sec. 214, 60 Stat. 735; Oct. 30, 1966, Pub. L.

89-700, title I, Sec. 106, 80 Stat. 1085, related to filing of

compensation returns by employers with Board. See section 231h of

this title.

Section 228h-1, act Oct. 9, 1940, ch. 797, Sec. 4, 54 Stat. 1089,

related to records of service and compensation prior to Jan. 1,

1937, was transferred to a note set out under section 228h of this

title.

Section 228i, act Aug. 29, 1935, ch. 812, Sec. 9, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 314; amended Oct.

10, 1940, ch. 842, Sec. 26, 54 Stat. 1100; Oct. 30, 1966, Pub. L.

89-700, title I, Sec. 107, 80 Stat. 1085, related to erroneous

payments by the Board. See section 231i of this title.

Section 228j, act Aug. 29, 1935, ch. 812, Sec. 10, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 314; amended 1940

Reorg. Plan No. III, Sec. 1(a), eff. June 30, 1940, 5 F.R. 2107, 54

Stat. 1231; acts June 25, 1948, ch. 646, 19Secs. 1, 32(b), 62 Stat.

875, 895, 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Oct.

15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880; Aug. 12, 1955, ch. 869,

Sec. 5, 69 Stat. 716; Sept. 6, 1958, Pub. L. 85-927, pt. I, Sec. 3,

72 Stat. 1781; Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat.

660; Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 108, 80 Stat.

1085; Feb. 15, 1968, Pub. L. 90-257, title I, Sec. 106, 82 Stat.

21, related to establishment of Railroad Retirement Board. See

section 231f of this title.

Section 228k, act Aug. 29, 1935, ch. 812, Sec. 11, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 315; amended July

31, 1946, ch. 709, Sec. 215, 60 Stat. 735, related to court

jurisdiction under this subchapter. See section 231g of this title.

Section 228l, act Aug. 29, 1935, ch. 812, Sec. 12, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 316 and amended

Aug. 12, 1955, ch. 869, Sec. 4, 69 Stat. 716, related to

assignability of annuities and pension payments under this

subchapter. See section 231m of this title.

Section 228m, act Aug. 29, 1935, ch. 812, Sec. 13, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 316; amended Sept.

6, 1958, Pub. L. 85-927, pt. I, Sec. 4, 72 Stat. 1781, related to

penalties under this subchapter. See section 231l of this title.

Section 228n, act Aug. 29, 1935, ch. 812, Sec. 14, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 316, related to

separability of provisions. See section 231s of this title.

Section 228o, act Aug. 29, 1935, ch. 812, Sec. 15, as restated

June 24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 316; amended Sept.

22, 1959, Pub. L. 86-346, title I, Sec. 104(4), 73 Stat. 622; Oct.

5, 1963, Pub. L. 88-133, title I, Sec. 7(a), 77 Stat. 220; Oct. 30,

1966, Pub. L. 89-699, title I, Sec. 2, 80 Stat. 1074; Mar. 17,

1970, Pub. L. 91-215, Sec. 3, 84 Stat. 70; Aug. 12, 1970, Pub. L.

91-377, Sec. 5, 84 Stat. 792, related to establishment of Railroad

Retirement Account. See section 231n of this title.

Section 228p, act Aug. 29, 1935, ch. 812, Sec. 16, as added June

24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 317, related to

authorization of appropriations under this subchapter.

Section 228q, act Aug. 29, 1935, ch. 812, Sec. 17, as added June

24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 317; amended Oct. 30,

1951, ch. 632, Sec. 24, 65 Stat. 690, defined "employment" as used

in this subchapter. See section 231q of this title.

Section 228r, act Aug. 29, 1935, ch. 812, Sec. 18, as added June

24, 1917, ch. 382, pt. I, Sec. 1, 50 Stat. 318, related to free

transportation. See section 231p of this title.

Section 228s, act Aug. 29, 1935, ch. 812, Sec. 19(a), (b), as

added June 24, 1917, ch. 382, pt. I, Sec. 1, as added Apr. 8, 1942,

ch. 227, Sec. 11, 56 Stat. 207, 208; amended Oct. 30, 1966, Pub. L.

89-700, title I, Sec. 109, 80 Stat. 1085, related to incompetence.

See section 231k of this title.

Section 228s-1, act June 24, 1937, ch. 382, pt. I, Sec. 20, as

added Aug. 31, 1954, ch. 1164, pt. I, Sec. 15, 68 Stat. 1040;

amended May 19, 1959, Pub. L. 86-28, pt. I, Sec. 4, 73 Stat. 28;

Aug. 29, 1959, Pub. L. 86-211, Sec. 8(c), 73 Stat. 436; Oct. 30,

1966, Pub. L. 89-700, title I, Sec. 110, 80 Stat. 1085, related to

waiver of annuities and pensions under this subchapter. See section

231k of this title

Section 228s-2, act Aug. 29, 1935, ch. 812, Sec. 21, as added

July 30, 1965, Pub. L. 89-97, title I, Sec. 105(a)(1), 79 Stat.

335; amended July 30, 1965, Pub. L. 89-97, title I, Sec. 111(b)(1),

79 Stat. 340; Jan. 2, 1968, Pub. L. 90-248, title I, Sec.

129(c)(13), 81 Stat. 849, related to hospital insurance benefits

for the aged. See section 231f of this title.

Section 228s-3, act Aug. 29, 1935, ch. 812, Sec. 22, as added

Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 201(d), 86 Stat.

1373, related to hospital insurance benefits for the disabled. See

section 231f of this title.

Section 228t, act Oct. 30, 1951, ch. 632, Sec. 25(d), 65 Stat.

690, related to certain retirement or survivor annuities awarded

prior to Oct. 30, 1951.

Section 228u, act Oct. 30, 1951, ch. 632, Sec. 25(e), 65 Stat.

690, related to determination of entitlement to a survivor annuity.

Section 228v, act Oct. 30, 1951, ch. 632, Sec. 25(f), 65 Stat.

691, related to law governing the awards of annuities.

Section 228w, act Oct. 30, 1951, ch. 632, Sec. 25(g), 65 Stat.

691, related to increased pensions after Nov. 30, 1961.

Section 228x, act Oct. 30, 1951, ch. 632, Sec. 25(h), 65 Stat.

691, related to increased annuities under subchapter II of this

chapter.

Section 228y, act Oct. 30, 1951, ch. 632, Sec. 25(i), 65 Stat.

691, related to certain reduced annuities.

Section 228z, act Aug. 7, 1956, ch. 1022, Sec. 3, 70 Stat. 1076,

related to increased pensions and annuities awarded before July 1,

1956 and annuities under subchapter II of this chapter.

Section 228z-1, Pub. L. 86-28, pt. I, Sec. 5, May 19, 1959, 73

Stat. 28, related to additional increases in certain pensions and

annuities.

-MISC1-

ACTUARIAL SOUNDNESS OF THE RAILROAD RETIREMENT SYSTEM

Pub. L. 93-69, title I, Sec. 107, July 10, 1973, 87 Stat. 165,

authorized certain designated representatives of employees and

representatives of carriers to submit to the Senate Committee on

Labor and Public Welfare and the House Committee on Interstate and

Foreign Commerce, no later than Apr. 1, 1974, a report containing

their recommendations for restructuring the railroad retirement

system to assure long-term actuarial soundness.

ADOPTED CHILD'S REENTITLEMENT TO ANNUITY

Pub. L. 93-58, Sec. 4(b), July 6, 1973, 87 Stat. 141, provided

that any child whose entitlement to an annuity under section

228e(c) of this title was terminated by reason of his or her

adoption prior to July 6, 1973, and who otherwise would have been

entitled to an annuity under such section for a month after July,

1973, could become reentitled to his or her annuity by proper

application.

CERTAIN PERSONS BECOMING EMPLOYERS

Act July 31, 1946, ch. 709, Sec. 409, 60 Stat. 743, provided that

in the application of section 228f of this title with respect to

persons who were not employers before the enactment of act July 31,

1946, the dates Jan. 1, 1946, and Jan. 1, 1947, were to be

substituted for Mar. 1, 1937 and July 1, 1937, respectively.

COMMISSION ON RAILROAD RETIREMENT

Pub. L. 91-377, Sec. 7, Aug. 12, 1970, 84 Stat. 792, as amended

by Pub. L. 92-46, Sec. 7, July 2, 1971, 85 Stat. 102, established a

commission on railroad retirement, prescribed its composition,

designated the rates of pay for its members, authorized a study of

the retirement system and its financing, authorized appropriations

for funding the expenses of the commission, and required that the

commission submit a full report on its work no later than June 30,

1972.

CONGRESSIONAL DECLARATION OF 1974 LEGISLATIVE INTENT

Pub. L. 93-69, title I, Sec. 108, July 10, 1973, 87 Stat. 165,

provided that the Congress declared its intent to enact legislation

in 1974, effective not later than Jan. 1, 1975, which would assure

the long-term actuarial soundness of the railroad retirement

system.

CONVERSION OF SPECIAL OBLIGATIONS IN RAILROAD RETIREMENT ACCOUNT ON

OCT. 5, 1963; INTEREST RATE

Pub. L. 88-133, Sec. 7(b), Oct. 5, 1963, 77 Stat. 220, provided

that: "The Secretary of the Treasury is authorized to retire the

special obligations held by the account on the date of enactment of

this Act [Oct. 5, 1963] and to issue in lieu thereof special

obligations with an interest rate determined as provided for in

section 15(b) of the Railroad Retirement Act of 1937, as amended by

this Act [Pub. L. 88-133]."

DETERMINATION OF AMOUNTS OF SOCIAL SECURITY BENEFITS

Pub. L. 91-377, Sec. 4(c), Aug. 12, 1970, 84 Stat. 792, provided

that the amount by which a social security benefit computed under

Pub. L. 90-248, Jan. 2, 1968, 81 Stat. 821, known as the Social

Security Amendments of 1967, for purposes of Pub. L. 91-377, was to

be deemed to be an amount equal to 87 per cent of such benefit

computed under Pub. L. 91-172, title X, Dec. 30, 1969, 83 Stat.

737, known as the Social Security Amendments of 1969, and the

amount by which an individual's social security benefit was

increased by reason of the Social Security Amendments of 1969 was

to be deemed to be 13 per cent of such individual's social security

benefit as computed under the Social Security Amendments of 1969.

ENTITLEMENT TO ANNUITY OR PENSION UNDER RAILROAD RETIREMENT ACT OF

1937 AS INCLUDING ENTITLEMENT UNDER RAILROAD RETIREMENT ACT OF 1935

Pub. L. 89-97, title I, Sec. 105(a)(2), July 30, 1965, 79 Stat.

335, provided that for purposes of section 21 of the Railroad

Retirement Act of 1937, section 21 of act Aug. 29, 1935, as added

by section 105(a)(1) of Pub. L. 89-97, and for certain other

purposes, entitlement to an annuity or pension under this

subchapter was to be deemed to include entitlement under subchapter

II of this chapter.

HOSPITAL INSURANCE BENEFITS FOR THE AGED

Act Aug. 29, 1935, ch. 812, Sec. 21, as added July 30, 1965, Pub.

L. 89-97, title I, Sec. 105(a)(1), 79 Stat. 335, required the

Railroad Retirement Board to certify to the Secretary of Health,

Education, and Welfare, in order to provide hospital insurance

benefits for annuitants, pensioners, and certain other aged

individuals for purposes of the Social Security program, the name

of anyone aged 65 who was entitled to an annuity or pension under

this subchapter, would have been so entitled had he ceased

compensated service and had applied for such annuity, or bore a

particular relationship to certain qualified employees, and

specified such additional information as such certification was to

include.

INCREASES IN CERTAIN PENSIONS AND ANNUITIES

Pub. L. 93-69, title I, Sec. 105, July 10, 1973, 87 Stat. 164,

provided that if title II of the Social Security Act, section 401

et seq. of Title 42, The Public Health and Welfare, was amended to

provide an increase in benefits at any time during the period July

1, 1973 to Dec. 31, 1974, the pension of each recipient under

section 228f of this title and the annuity of each recipient under

this subchapter was to be increased by an amount computed under the

method set forth in section 228c(a)(6) of this title.

Pub. L. 92-460, Sec. 2 Sept. 4, 1972, 86 Stat. 766, provided for

20 per cent increases in pensions under section 228f of this title,

annuities under subchapter II of this chapter, certain survivor

annuities, and certain widows' and widowers' insurance annuities.

Pub. L. 92-46, Sec. 5, July 2, 1971, 85 Stat. 101, provided for

10 per cent increases in pensions under section 228f of this title,

annuities under subchapter II of this chapter, certain survivor

annuities, and certain widows' and widowers' insurance annuities.

Pub. L. 91-377, Sec. 4(b)(1), Aug. 12, 1970, 84 Stat. 792,

provided for 15 per cent increases in pensions under section 228f

of this title, annuities under subchapter II of this chapter,

certain survivor annuities, and certain widows' and widowers'

insurance annuities, provided that there would be a reduction in

the amount of the increase where the recipient was also a recipient

of certain social security benefits.

Pub. L. 90-257, Sec. 107, Feb. 15, 1968, 82 Stat. 22, provided

for certain increases in pensions under section 228f of this title,

annuities under subchapter II of this chapter, survivor annuities

and widows' and widowers' insurance annuities, provided that there

would be a reduction in the amount of the increase where the

recipient was also a recipient of certain social security benefits.

Pub. L. 89-699, Sec. 201(g), Oct. 30, 1966, 80 Stat. 1077,

provided for 7 per cent increases in pensions under section 228f of

this title, annuities under subchapter II of this chapter, certain

survivor annuities, and certain widows' and widowers' insurance

annuities, provided that there would be a reduction in the amount

of the increase where the recipient was also a recipient of certain

social security benefits.

PERMANENCY OF INCREASES IN CERTAIN PENSIONS AND ANNUITIES

Pub. L. 92-460, Sec. 6, Sept. 4, 1972, 86 Stat. 767, provided

that it was the policy of Congress that the 20 per cent increase in

pension and annuity benefits provided by section 2 of Pub. L.

92-460, as well as the 10 per cent and 15 per cent increases

provided by section 5 of Pub. L. 92-46 and section 4(b)(1) of Pub.

L. 91-377, respectively, could become permanent only if measures

were taken to assure that the Railroad Retirement Account would

remain solvent, and required representatives of employees,

retirees, and carriers to submit to Congress reports containing

their recommendations for such solvency measures no later than Mar.

1, 1973, and required the Railroad Retirement Board to submit its

solvency recommendations to Congress no later than Apr. 1, 1973.

PRESUMPTION OF HIGHER INCREASES IN ANNUITIES

Pub. L. 90-257, Sec. 108(b), Feb. 15, 1968, 82 Stat. 23, provided

that in cases where an annuity was payable in the month before the

month with respect to which increases in benefits under title II of

the Social Security Act, sections 401 et seq. of Title 42, The

Public Health and Welfare, provided for by Pub. L. 90-248, Jan. 2,

1968, 81 Stat. 821, known as the Social Security Amendments of

1967, became effective in an amount determined under this

subchapter, other than under the first proviso of section 228c(e)

of this title, the provisions of Pub. L. 90-257 were to be presumed

to provide a higher amount of increase in annuity than the

provisions of the Social Security Amendments of 1967 would provide

under the first proviso of section 228c(e) of this title.

RAILROAD RETIREMENT AND OLD-AGE, SURVIVORS, AND DISABILITY

INSURANCE SYSTEM

Pub. L. 89-97, Sec. 105(c), July 30, 1965, 79 Stat. 336, provided

that amendments preserving the relationship between the railroad

retirement and old-age, survivors, and disability insurance systems

were contained in section 326 of Pub. L. 89-97, which amended

sections 228 and 228e of this title.

TRANSFER OF FUNDS FOR PAYMENT OF SUPPLEMENTAL ANNUITIES

Pub. L. 91-215, Sec. 6, Mar. 17, 1970, 84 Stat. 71, authorized

the Railroad Retirement Board to request the Secretary of the

Treasury to transfer from the Railroad Retirement Account to the

Railroad Retirement Supplemental Account such funds as were

necessary to meet the payment of the supplemental annuities

pursuant to section 228c(j) of this title, as well as the

administrative expenses necessarily involved for the six months

following Mar. 17, 1970, and required the Board to request the

return of an equal amount plus interest to the Railroad Retirement

Account from the Supplemental Account within one year from Mar. 17,

1970.

Pub. L. 89-699, Sec. 3(b), Oct. 30, 1966, 80 Stat. 1075,

authorized the Railroad Retirement Board to request the Secretary

of the Treasury to transfer from the Railroad Retirement Account to

the Railroad Retirement Supplemental Account such funds as were

necessary to meet the payment of the supplemental annuities

pursuant to section 228c(j) of this title, as well as the

administrative expenses necessarily involved for the six months

following Oct. 30, 1966, and required the Board to request the

return of an equal amount plus interest to the Railroad Retirement

Account from the Supplemental Account within one year from Oct. 30,

1966.

-End-

-CITE-

45 USC SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-COD-

CODIFICATION

This subchapter is comprised of act Aug. 29, 1935, ch. 812, as

amended in its entirety and completely revised by act June 24,

1937, ch. 382, part I, 50 Stat. 307, and as further amended in its

entirety and completely revised by Pub. L. 93-445, title I, Sec.

101, Oct. 16, 1974, 88 Stat. 1305, eff. Jan. 1, 1975. The Act, as

restated by Pub. L. 93-445, was redesignated the Railroad

Retirement Act of 1974. See section 231t of this title. The Act is

set out in this subchapter carrying a statutory credit showing

restatement by act June 24, 1937 and a further restatement by Pub.

L. 93-445 without reference to amendments made to the Act between

its original enactment in 1935 and 1974. For history of the Act,

credits, and note material, see subchapters II and III of this

chapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 354, 361, 362, 726,

797d, 909, 1207 of this title; title 7 section 2012; title 8

section 1611; title 12 section 3413; title 26 sections 22, 72, 86,

401, 3231, 3304, 6103, 6331, 6334, 6050G; title 31 section 3803;

title 42 sections 402, 405, 426-1, 1395i-1, 1395r, 1395s, 1395v,

1395gg, 1395kk, 3020e-1; title 49 sections 10501, 24301.

-End-

-CITE-

45 USC Sec. 231 01/06/03

-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.

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.)

-REFTEXT-

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.

-MISC1-

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."

-TRANS-

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.

-MISC2-

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 231a, 231b, 231e, 231f,

231n, 231q, 352 of this title; title 42 sections 402, 405.

-FOOTNOTE-

(!1) So in original. Probably should be "seniority".

(!2) See References in Text note below.

-End-

-CITE-

45 USC Sec. 231a 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231a. Annuity eligibility requirements

-STATUTE-

(a) Individuals eligible for annuities; disability standards; proof

of continued disability

(1) The following-described individuals, if they shall have

completed ten years of service (or, for purposes of paragraphs (i),

(iii), and (v), five years of service, all of which accrues after

December 31, 1995) and shall have filed application for annuities,

shall, subject to the conditions set forth in subsections (e), (f),

and (h) of this section, be entitled to annuities in the amounts

provided under section 231b of this title -

(i) individuals who have attained retirement age (as defined in

section 216(l) of the Social Security Act [42 U.S.C. 416(l)]);

(ii) individuals who have attained the age of sixty and have

completed thirty years of service;

(iii) individuals who have attained the age of sixty-two and

have completed less than thirty years of service, but the annuity

of such individuals shall be reduced by 1/180 for each of the

first 36 months that he or she is under retirement age (as

defined in section 216(l) of the Social Security Act [42 U.S.C.

416(l)]) when the annuity begins to accrue and by 1/240 for

each additional month that he or she is under retirement age (as

defined in section 216(l) of the Social Security Act) when the

annuity begins to accrue;

(iv) individuals who have a current connection with the

railroad industry, whose permanent physical or mental condition

is such as to be disabling for work in their regular occupation,

and who (A) have completed twenty years of service or (B) have

attained the age of sixty; and

(v) individuals whose permanent physical or mental condition is

such that they are unable to engage in any regular employment.

(2) For the purposes of paragraph (iv) of subdivision (1), the

Board, with the cooperation of employers and employees, shall

secure the establishment of standards determining the physical and

mental conditions which permanently disqualify employees for work

in the several occupations in the railroad industry, and the Board,

employers, and employees shall cooperate in the promotion of the

greatest practicable degree of uniformity in the standards applied

by the several employers. An individual's condition shall be deemed

to be disabling for work in his regular occupation if he will have

been disqualified by his employer for service in his regular

occupation in accordance with the applicable standards so

established; if the employee will not have been so disqualified by

his employer, the Board shall determine whether his condition is

disabling for work in his regular occupation in accordance with the

standards generally established; and, if the employee's regular

occupation is not one with respect to which standards will have

been established, the standards relating to a reasonably comparable

occupation shall be used. If there is no such comparable

occupation, the Board shall determine whether the employee's

condition is disabling for work in his regular occupation by

determining whether under the practices generally prevailing in

industries in which such occupation exists such condition is a

permanent disqualification for work in such occupation. For

purposes of this subdivision and paragraph (iv) of subdivision (1),

an employee's "regular occupation" shall be deemed to be the

occupation in which he will have been engaged in more calendar

months than the calendar months in which he will have been engaged

in any other occupation during the last preceding five calendar

years, whether or not consecutive, in each of which years he will

have earned wages or salary, except that, if an employee

establishes that during the last fifteen consecutive calendar years

he will have been engaged in another occupation in one-half or more

of all the months in which he will have earned wages or salary, he

may claim such other occupation as his regular occupation.

(3) Such satisfactory proof shall be made from time to time as

prescribed by the Board, of the disability provided for in

paragraph (iv) or (v) of subdivision (1) and of the continuance of

such disability (according to the standards applied in the

establishment of such disability) until the employee attains

retirement age (as defined in section 216(l) of the Social Security

Act [42 U.S.C. 416(l)]). If the individual fails to comply with the

requirements prescribed by the Board as to proof of the continuance

of the disability until he attains retirement age (as defined in

section 216(l) of the Social Security Act), his right to an annuity

by reason of such disability shall, except for good cause shown to

the Board, cease, but without prejudice to his rights to any

subsequent annuity to which he may be entitled.

(4) An individual who is entitled to an annuity under paragraph

(v) of subdivision (1), but who does not have at least ten years of

service, shall, prior to the month in which the individual attains

age 62, be entitled only to an annuity amount computed under

section 231b(a) of this title (without regard to section 231b(a)(2)

of this title) or section 231b(f)(3) of this title. Upon attainment

of age 62, such an individual may also be entitled to an annuity

amount computed under section 231b(b) of this title, but such

annuity amount shall be reduced for early retirement in the same

manner as if the individual were entitled to an annuity under

subsection (a)(1)(iii) of this section.

(b) Individuals eligible for supplemental annuities

An individual who -

(i) has attained age 60 and completed thirty years of service

or attained age 65;

(ii) has completed twenty-five years of service;

(iii) is entitled to the payment of an annuity under subsection

(a)(1) of this section;

(iv) had a current connection with the railroad industry at the

time such annuity began to accrue; and

(v) has performed compensated service in at least one month

prior to October 1, 1981;

shall, subject to the conditions set forth in subsections (e) and

(h) of this section, be entitled to a supplemental annuity in the

amount provided under section 231b of this title: Provided,

however, That in cases where an individual's annuity under

subsection (a)(1) of this section begins to accrue on other than

the first day of the month, the amount of any supplemental annuity

to which he is entitled for that month shall be reduced by

one-thirtieth for each day with respect to which he is not entitled

to an annuity under subsection (a)(1) of this section.

(1) The spouse of an individual, if -

(i) such individual (A) is entitled to an annuity under

subsection (a)(1) of this section and (B) has attained the age of

60 and has completed thirty years of service or has attained the

age of 62, and

(ii) such spouse (A) has attained retirement age (as defined in

section 216(l) of the Social Security Act [42 U.S.C. 416(l)]), or

(B) has attained the age of 60 and such individual has completed

thirty years of service, or (C), in the case of a wife, has in

her care (individually or jointly with her husband) a child who

meets the qualifications prescribed in paragraph (iii) of

subsection (d)(1) of this section (without regard to the

provisions of clause (B) of such paragraph),

shall, subject to the conditions set forth in subsections (e), (f),

and (h) of this section, be entitled to a spouse's annuity, if he

or she has filed application therefor, in the amount provided under

section 231c of this title.

(2) A spouse who would be entitled to an annuity under

subdivision (1) or a divorced wife who would be entitled to an

annuity under subdivision (4) if he or she had attained retirement

age (as defined in section 216(l) of the Social Security Act [42

U.S.C. 416(l)]) may elect upon or after attaining the age of 62 to

receive such annuity, but the annuity in any such case shall be

reduced by 1/144 for each of the first 36 months that the spouse

or divorced wife is under retirement age (as defined in section

216(l) of the Social Security Act) when the annuity begins to

accrue and by 1/240 for each additional month that the spouse or

divorced wife is under retirement age (as defined in section 216(l)

of the Social Security Act) when the annuity begins to accrue,

except that the annuity of a divorced wife who was previously

entitled to a spouse annuity which was reduced under this

subdivision shall be reduced by the same percentage as was

applicable to the spouse annuity.

(3) For the purposes of this subchapter, the term "spouse" shall

mean the wife or husband of an annuitant under subsection (a)(1) of

this section who (i) was married to such annuitant for a period of

not less than one year immediately preceding the day on which the

application for a spouse's annuity is filed, or in the month prior

to his or her marriage to such annuitant was eligible for an

annuity under paragraph (i) or (iv) of subsection (d)(1) of this

section or, on the basis of disability, under paragraph (iii)

thereof, or is the parent of such annuitant's son or daughter; and

(ii) in the case of a husband, was receiving at least one-half of

his support from his wife at the time his wife's annuity under

subsection (a)(1) of this section began.

(4) The "divorced wife" (as defined in section 216(d) of the

Social Security Act [42 U.S.C. 416(d)]) of an individual, if -

(i) such individual (A) is entitled to an annuity under

subsection (a)(1) of this section and (B) has attained the age

62;

(ii) such divorced wife (A) has attained retirement age (as

defined in section 216(l) of the Social Security Act [42 U.S.C.

416(l)] (!1) and (B) is not married; and

(iii) such divorced wife would have been entitled to a benefit

under section 202(b) of the Social Security Act [42 U.S.C.

402(b)] as the divorced wife of such individual if all of such

individual's service as an employee after December 31, 1936, had

been included in the term "employment" as defined in that Act [42

U.S.C. 301 et seq.];

shall, subject to the conditions set forth in subsections (e), (f),

and (h) of this section, be entitled to a divorced wife's annuity,

if she has filed an application therefor, in the amount provided

under section 231c of this title.

(d) Survivors eligible for annuities

(1) The following described survivors of a deceased employee who

will have completed ten years of service (or five years of service,

all of which accrues after December 31, 1995) and will have had a

current connection with the railroad industry at the time of his

death shall, subject to the conditions set forth in subsections (g)

and (h) of this section, be entitled to annuities, if they have

filed application therefor, in the amounts provided under section

231c of this title -

(i) a widow (as defined in section 216(c) and (k) of the Social

Security Act [42 U.S.C. 416(c), (k)]) or widower (as defined in

section 216(g) and (k) of the Social Security Act) of such a

deceased employee who has not remarried and who (A) will have

attained the age of sixty or (B) will have attained the age of

fifty but will not have attained age sixty and is under a

disability which began before the end of the period prescribed in

subdivision (2), and who, in the case of a widower, was receiving

at least one-half of his support from the deceased employee at

the time of her death or at the time her annuity under subsection

(a)(1) of this section began;

(ii) a widow (as defined in section 216(c) and (k) of the

Social Security Act [42 U.S.C. 416(c), (k)]) of such a deceased

employee who has not remarried and who (A) is not entitled to an

annuity under paragraph (i), and (B) at the time of filing an

application for an annuity under this paragraph, will have in her

care a child of such deceased employee, which child is entitled

to an annuity under paragraph (iii) (other than an annuity

payable to a child who has attained age 18 and is not under a

disability);

(iii) a child (as defined in section 216(e) and (k) of the

Social Security Act [42 U.S.C. 416(e), (k)]) of such a deceased

employee who (A) will be less than eighteen years of age, or (B)

will be less than nineteen years of age and a full-time

elementary or secondary school student, or (C) will, without

regard to his age, be under a disability which began before he

attained age twenty-two or before the close of the eighty-fourth

month following the month in which his most recent entitlement to

an annuity under this paragraph terminated because he ceased to

be under a disability, and who is unmarried and was dependent

upon the employee at the time of the employee's death;

(iv) a parent (as defined in section 202(h)(3) of the Social

Security Act [42 U.S.C. 402(h)(3)]) of such a deceased employee

who (A) will have attained the age of sixty and (B) will have

received at least one-half of his or her support from such

deceased employee at the time of the employees' (!2) death and

however, That no parent will be entitled to an annuity under this

paragraph on the basis of the deceased employee's compensation

and years of service in any case where such employee died leaving

a widow or widower or a child who is, or who might in the future

become, entitled to an annuity under this subsection, but neither

this proviso nor clause (B) or (C) of this paragraph shall

operate to deny any parent an annuity to the extent and in the

amount of the benefit that such parent would have received under

the Social Security Act [42 U.S.C. 301 et seq.] if the service as

an employee of the individual, with respect to which such parent

would be eligible to receive an annuity under this subchapter

except for this proviso and those clauses, were included in

"employment" as defined in the Social Security Act; and

(v) The (!3) widow (as defined in section 216(c) of the Social

Security Act [42 U.S.C. 416(c)]), who is married, or has been

married after the death of the employee, the surviving divorced

wife (as defined in section 216(d) of the Social Security Act),

and a surviving divorced mother (as defined in section 216(d) of

the Social Security Act) if such widow, surviving divorced wife,

or surviving divorced mother would have been entitled to a

benefit under section 202(e) or 202(g) of the Social Security Act

[42 U.S.C. 402(e), (g)] as the widow, surviving divorced wife, or

surviving divorced mother of the employee if all of his service

as an employee after December 31, 1936, had been included in the

term "employment" as defined in that Act. For the purpose of this

paragraph, the reference in sections 202(e)(3) (!4) and 202(g)(3)

of the Social Security Act to an individual entitled under

section 202(f) of that Act shall include an individual entitled

to an annuity under paragraph (i) and an individual entitled to

an annuity under paragraph (ii), and the reference in section

202(e)(3) (!4) and section 202(g)(3) of the Social Security Act

to an individual entitled under section 202(d) or section 202(h)

of that Act shall include an individual entitled to an annuity

under paragraph (iii) or paragraph (iv), and the references in

section 202(g)(3) of the Social Security Act to an individual

entitled under section 202(a) or section 223(a) of that Act [42

U.S.C. 402(a), 423(a)] shall include an individual entitled to an

annuity under subsection (a)(1) of this section.

(2) The period referred to in clause (B) of subdivision (1)(i) is

the period (i) beginning with the latest of (A) the month of the

employee's death, (B) in the case of a widow, the last month for

which she was entitled to an annuity under paragraph (ii) of

subdivision (1) as the widow of the deceased employee, or (C) the

month in which the widow's or widower's previous entitlement to an

annuity as the widow or widower of the deceased employee terminated

because her or his disability had ceased and (ii) ending with the

month before the month in which she or he attains age sixty, or, if

earlier, with the close of the eighty-fourth month following the

month with which such period began.

(3) For purposes of paragraph (i) or (iii) of subdivision (1), a

widow, widower, or child shall be under a disability if her or his

permanent physical or mental condition is such that she or he is

unable to engage in any regular employment. The provisions of

subsection (a)(3) of this section as to the proof of disability

shall apply with regard to determinations with respect to

disability under subdivision (1).

(4) In determining for purposes of this subsection and

subdivision (3) of subsection (c) of this section whether an

applicant is the wife, husband, widow, widower, child, or parent of

a deceased employee as claimed, the rules set forth in section

216(h) of the Social Security Act [42 U.S.C. 416(h)] shall be

applied deeming, for this purpose, individuals entitled to an

annuity under subsection (c) of this section to be entitled to

benefits under subsection (b) or (c) of section 202 of the Social

Security Act [42 U.S.C. 402] and individuals entitled to an annuity

under paragraph (i) or (ii) of subsection (d)(1) of this section to

be entitled to a benefit under subsection (e), (f), or (g) of

section 202 of the Social Security Act. For purposes of paragraph

(iii) of subdivision (1), a child shall be deemed to have been

dependent upon his parent employee if the conditions set forth in

section 202(d)(3), (4), or (9) of the Social Security Act are

fulfilled. The provisions of paragraph (7) of section 202(d) of the

Social Security Act (defining the terms "full-time elementary or

secondary school student" and "elementary or secondary school")

shall be applied by the Board in the administration of this

subsection as if the references therein to the Secretary were

references to the Board. A child who attains age nineteen at a time

when he is a full-time elementary or secondary school student (as

defined in subparagraph (A) of paragraph (7) of section 202(d) of

the Social Security Act and without the application of subparagraph

(B) of such paragraph) but has not (at such time) completed the

requirements for, or received, a diploma or equivalent certificate

from a secondary school (as defined in section 202(d)(7)(c)(i) (!5)

of the Social Security Act) shall be deemed (for purposes of

determining his continuing or initial entitlement to an annuity

under this subsection) not to have attained such age until the

first day of the first month following the end of the quarter or

semester in which he is enrolled at such time (or, if the

elementary or secondary school in which he is enrolled is not

operated on a quarter or semester system, until the first day of

the first month following the completion of the course in which he

is enrolled or until the first day of the third month beginning

after such time, whichever first occurs).

(e) Compensated service; rights to return

(1) No individual shall be entitled to an annuity under

subsection (a)(1) of this section until he shall have ceased to

render compensated service to an employer as defined in section

231(a) of this title.

(2) An annuity under subsection (a)(1) of this section shall be

paid only if the applicant shall have relinquished such rights as

he may have to return to the service of an employer: Provided,

however, That this requirement shall not apply to individuals

mentioned in paragraphs (iv) and (v) of subsection (a)(1) of this

section prior to attaining retirement age (as defined in section

216(l) of the Social Security Act [42 U.S.C. 416(l)]): Provided

further, That, notwithstanding the provisions of the preceding

proviso and of clause (i) of subsection (c)(1) of this section, an

annuity shall be paid to the spouse of an individual only if such

individual shall have satisfied the requirements of this

subdivision without regard to the preceding proviso: And provided

further, That, notwithstanding the provisions of the first proviso

of this subdivision and of clause (iii) of subsection (b)(1) of

this section, a supplemental annuity shall be paid to an individual

only if such individual shall have satisfied the requirements of

this subdivision without regard to the first proviso thereof.

(3) No annuity under subsection (a)(1) of this section or

supplemental annuity under subsection (b)(1) of this section shall

be paid with respect to any month in which an individual in receipt

of an annuity or supplemental annuity thereunder shall render

compensated service to an employer. Individuals receiving annuities

under subsection (a)(1) of this section shall report to the Board

immediately all such compensated service.

(4) No annuity under paragraph (iv) or (v) of subsection (a)(1)

of this section shall be paid to an individual with respect to any

month in which the individual is under retirement age (as defined

in section 216(l) of the Social Security Act [42 U.S.C. 416(l)])

and is paid more than $400 in earnings (after deduction of

disability related work expenses) from employment or

self-employment of any form: Provided, however, That for purposes

of this subdivision, if a payment in any one calendar month is for

accruals in more than one calendar month, such payment shall be

deemed to have been paid in each of the months in which accrued to

the extent accrued in such month. Any such individual under the

retirement age (as defined in section 216(l) of the Social Security

Act) shall report to the Board any such payment of earnings for

such employment or self-employment before receipt and acceptance of

an annuity for the second month following the month of such

payment. A deduction shall be imposed, with respect to any such

individual who fails to make such report, in the annuity or

annuities otherwise due the individual, in an amount equal to the

amount of the annuity for each month in which he is paid such

earnings in such employment or self-employment, except that the

first deduction imposed pursuant to this sentence shall in no case

exceed an amount equal to the amount of the annuity otherwise due

for the first month with respect to which the deduction is imposed.

If pursuant to the first sentence of this subdivision an annuity

was not paid to an individual with respect to one or more months in

any calendar year, and it is subsequently established that the

total amount of such individual's earnings during such year as

determined in accordance with that sentence (but exclusive of

earnings for services described in subdivision (3)) did not exceed

$4,800 (after deduction of disability related work expenses), the

annuity with respect to such month or months, and any deduction

imposed by reason of the failure to report earnings for such month

or months under the third sentence of this subdivision, shall then

be payable. If the total amount of such individual's earnings

during such year (exclusive of earnings for services described in

subdivision (3)) is in excess of $4,800 (after deduction of

disability related work expenses), the number of months in such

year with respect to which an annuity is not payable by reason of

such first and third sentences shall not exceed one month for each

$400 of such excess, treating the last $200 or more of such excess

as $400; and if the amount of the annuity has changed during such

year, any payments of annuities which become payable solely by

reason of the limitations contained in this sentence shall be made

first with respect to the month or months for which the annuity is

larger.

(5) The annuity of a spouse or divorced wife under subsection (c)

of this section shall, with respect to any month, be subject to the

same provisions of this subsection as the individual's annuity. In

addition, the annuity of a spouse or divorced wife under subsection

individual's annuity under subsection (a)(1) of this section is not

payable for such month by reason of the provisions of this

subsection.

(f) Deductions on account of work

(1) That portion of the individual's annuity as is computed under

section 231b(a) of this title on the basis of (A) his compensation

and years of service subsequent to December 31, 1974, and (B) his

wages and self-employment income derived from employment and

self-employment under the Social Security Act [42 U.S.C. 301 et

seq.] and that portion of the individual's annuity as is computed

under section 231b(h) of this title shall be subject to deductions

on account of work pursuant to the provisions of section 203 of the

Social Security Act [42 U.S.C. 403] in the same manner as if such

portion of such annuity were a monthly insurance benefit under that

Act: Provided, however, That the provisions of this subdivision

shall be applicable to the annuity of an individual only if such

individual would be fully insured under the Social Security Act on

the basis of wages and self-employment income derived from

employment and self-employment under that Act and on the basis of

compensation derived from service as an employee after December 31,

1974, if such service as an employee had been included in the term

"employment" as defined in that Act. Any person in receipt of an

annuity subject to deduction under this subsection shall report to

the Board the receipt of excess earnings as defined in paragraph

(3) of section 203(f) of the Social Security Act.

(2) That portion of the spouse's or divorced wife's annuity under

subsection (c) of this section which is derived from the portion of

the individual's annuity subject to deductions under subdivision

(1) and that portion of the spouse's or divorced wife's annuity as

is computed under section 231c(e) of this title shall be subject to

deductions on account of work pursuant to the provisions of section

203 of the Social Security Act [42 U.S.S. 403] in the same manner

as if such portion of such spouse's or divorced wife's annuity were

a monthly insurance benefit under that Act. In addition, such

portion of the spouse's or divorced wife's annuity shall be subject

to deductions if the individual's annuity is subject to deductions

under subdivision (1) in the same manner as if such portion of such

spouse's or divorced wife's annuity were a monthly insurance

benefit under the Social Security Act [42 U.S.C. 301 et seq.].

(3) Deductions shall not be made pursuant to subdivision (1) from

that portion of an individual's annuity as is computed under

section 231b(a) of this title for any month in which the annuity of

such individual is reduced pursuant to section 231b(m) of this

title. This subdivision shall be disregarded in determining the

applicability and amount of deductions in a spouse's annuity

pursuant to subdivision (2) of this subsection.

(4) Deductions shall not be made pursuant to subdivision (2) from

that portion of a spouse's annuity as is computed under section

231c(a) of this title for any month in which the annuity of such

spouse is reduced due to entitlement to a benefit under title II of

the Social Security Act [42 U.S.C. 401 et seq.].

(5) If an annuity begins to accrue on other than the first day of

a month, subdivisions (1) and (2) of this subsection shall not

apply in the year the annuity begins to accrue if the annuitant has

no earnings in excess of the monthly exempt amount in such year

after the annuity beginning date.

(6)(A) Except as provided in subparagraph (B) -

(i) that portion of the annuity for any month of an individual

as is computed under section 231b(b) of this title and as

adjusted under section 231b(g) of this title, plus any

supplemental amount for such month under section 231b(e) of this

title, and that portion of the annuity for any month of a spouse

as is computed under section 231c(b) of this title and as

adjusted under section 231c(d) of this title, shall each be

subject to a deduction of $1 for each $2 of compensation received

by such individual from compensated service rendered in such

month to the last person, or persons, by whom such individual was

employed before the date on which the annuity of such individual

under subsection (a)(1) of this section began to accrue; and

(ii) that portion of the annuity for any month of a spouse as

is computed under section 231c(b) of this title and as adjusted

under section 231c(d) of this title shall be subject to a

deduction of $1 for each $2 of compensation received by such

spouse from compensated service rendered in such month to the

last person, or persons, by whom such spouse was employed before

the date on which the annuity of such spouse under subsection

(c)(1) of this section began to accrue.

(B) Any deductions imposed by this subdivision for any month

shall not exceed 50 percent of the annuity amount for such month to

which such deductions apply.

(g) Employment compensation of survivors; deductions

(1) No annuity shall be paid to a survivor under subsection (d)

of this section with respect to any month in which such survivor

renders service for compensation as an employee of an employer.

Survivors receiving annuities under subsection (d) of this section

shall report to the Board immediately all such service for

compensation.

(2) Deductions, in amounts and at such time or times as the Board

shall determine, shall be made from any payments to which a

survivor is entitled under subsection (d) of this section until the

total of such deductions equals such survivor's annuity under that

subsection for any month, if for such month such survivor would be

charged with excess earnings under section 203(f) of the Social

Security Act [42 U.S.C. 403(f)] or, having engaged in any activity

outside the United States, would be charged under such section

203(f) of the Social Security Act [42 U.S.C. 403(f)] with any

excess earnings derived from such activity if it had been an

activity within the United States. For purposes of this subdivision

the Board shall have the authority to take such actions and to make

such determinations and such suspensions of payment of benefits in

the manner and to the extent that the Secretary of Health and Human

Services would be authorized to take or to make under section

203(h)(3) of the Social Security Act if the survivors were

receiving the annuities to which this subdivision applies under

section 202 of the Social Security Act [42 U.S.C. 402]: Provided,

however, That in determining a survivor's excess earnings for a

year for the purposes of this subdivision there shall not be

included his income from employment or self-employment during

months beginning with the month with respect to which he ceases to

be qualified for an annuity. Survivors receiving annuities under

subsection (d) of this section shall report to the Board the

receipt of excess earnings described in this subdivision.

(h) Military service; reductions

(1) Repealed. Pub. L. 98-76, title IV, Sec. 414(a), Aug. 12,

1983, 97 Stat. 436.

(2) The supplemental annuity provided an individual by subsection

(b) of this section shall, with respect to any month, be reduced by

the amount of the supplemental pension, attributable to the

employer's contribution, that such individual is entitled to

receive for that month under any other supplemental pension plan:

Provided, however, That the maximum of such reduction shall be

equal to the amount of the supplemental annuity less any amount by

which the supplemental pension is reduced by reason of the

supplemental annuity.

(3) If a spouse or divorced wife entitled to an annuity under

subsection (c) of this section or a survivor entitled to an annuity

under subsection (d) of this section for any month is also entitled

to annuity under subsection (a)(1) of this section for such month,

the annuity under subsection (c) or (d) of this section shall be

reduced, but not below zero, by an amount equal to the annuity

under subsection (a)(1) of this section: Provided, however, That

the provisions of this subdivision shall not apply if either the

spouse or survivor or the individual upon whose earnings record the

spouse's or survivor's annuity under subsection (c) or (d) of this

section is based rendered service as an employee to an employer, or

as an employee representative, prior to January 1, 1975.

(4) If an annuitant is entitled to more than one annuity under

subsections (c) and (d) of this section for a month, such annuitant

shall be entitled to only the larger of such annuities for such

month, except that, if such annuitant so elects, he shall instead

be entitled to only the smaller of such annuities for such month.

(i) Limitation; service accrued after 1995

An individual entitled to an annuity under this section who has

completed five years of service, all of which accrues after 1995,

but who has not completed ten years of service, and the spouse,

divorced spouse, and survivors of such individual, shall not be

entitled to an annuity amount provided under section 231b(a),

section 231c(a), or section 231c(f) of this title unless the

individual, or the individual's spouse, divorced spouse, or

survivors, would be entitled to a benefit under title II of the

Social Security Act [42 U.S.C. 401 et seq.] on the basis of the

individual's employment record under both this subchapter and title

II of the Social Security Act.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 2, 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. 1312; amended Pub. L. 96-88, title V,

Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-35, title XI,

Sec. 1117, Aug. 13, 1981, 95 Stat. 628; Pub. L. 98-76, title I,

Secs. 104(a), (b), 106(a)-(g), title IV, Secs. 409(a), 413(a),

414(a), 415, Aug. 12, 1983, 97 Stat. 416-418, 435, 436; Pub. L.

100-647, title VII, Secs. 7302(a), (b), 7303(a), Nov. 10, 1988, 102

Stat. 3777, 3778; Pub. L. 107-90, title I, Sec. 103(a), (c), (d),

Dec. 21, 2001, 115 Stat. 880.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (c)(4),

(d)(1)(iv), (f)(1), (2), (4), and (i), 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. Title II of the Act is classified generally to subchapter

II (Sec. 401 et seq.) of chapter 7 of Title 42. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

Paragraph (3) of section 202(e) of the Social Security Act [42

U.S.C. 402(e)(3)], referred to in subsec. (d)(1)(v), was repealed,

and paragraph (4) of section 202(e) of that Act was redesignated as

paragraph (3) of section 202(e) and was further amended, by Pub. L.

98-21, title I, Sec. 131(a)(1)-(3)(A), Apr. 20, 1983, 97 Stat. 92.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-90, Sec. 103(a)(1), inserted

"(or, for purposes of paragraphs (i), (iii), and (v), five years of

service, all of which accrues after December 31, 1995)" after "ten

years of service" in introductory provisions.

Subsec. (a)(4). Pub. L. 107-90, Sec. 103(a)(2), added par. (4).

Subsec. (d)(1). Pub. L. 107-90, Sec. 103(c), inserted "(or five

years of service, all of which accrues after December 31, 1995)"

after "ten years of service" in introductory provisions.

Subsec. (i). Pub. L. 107-90, Sec. 103(d), added subsec. (i).

1988 - Subsec. (e)(1). Pub. L. 100-647, Sec. 7302(a)(1), struck

out "any person, whether or not" after "compensated service to" and

"(but with the right to engage in other employment to the extent

not prohibited by subdivision (3) or (4) of this subsection or by

subsection (f) of this section). As used in this subsection, the

term 'compensated service' shall not include any service as an

elected public official of the United States, a State, or any

political subdivision of a State" after "section 231(a) of this

title".

Subsec. (e)(2). Pub. L. 100-647, Sec. 7302(a)(2), struck out "and

of the person, or persons, by whom he was last employed" after

"service of an employer".

Subsec. (e)(3). Pub. L. 100-647, Sec. 7302(a)(3), struck out "or

to the last person, or persons, by whom he was employed prior to

the date on which the annuity under subsection (a)(1) of this

section began to accrue" after "service to an employer".

Subsec. (e)(4). Pub. L. 100-647, Sec. 7303(a), substituted "$400

in earnings (after deduction of disability related work expenses)"

for "$200 in earnings", "$4,800 (after deduction of disability

related work expenses)" for "$2,400" in two places, "each $400" for

"each $200", "$200" for "$100", and "as $400" for "as $200".

Subsec. (f)(6). Pub. L. 100-647, Sec. 7302(b), added par. (6).

1983 - Subsec. (a)(1)(i). Pub. L. 98-76, Sec. 106(a)(1),

substituted "retirement age (as defined in section 216(l) of the

Social Security Act)" for "the age of sixty-five".

Subsec. (a)(1)(iii). Pub. L. 98-76, Sec. 106(a)(2), substituted

"reduced by 1/180 for each of the first 36 months that he or she

is under retirement age (as defined in section 216(l) of the Social

Security Act) when the annuity begins to accrue and by 1/240 for

each additional month that he or she is under retirement age (as

defined in section 216(l) of the Social Security Act) when the

annuity begins to accrue" for "reduced by 1/180 for each calendar

month that he or she is under age sixty-five when the annuity

begins to accrue".

Subsec. (a)(3). Pub. L. 98-76, Sec. 106(b), which directed the

substitution of "retirement age (as defined in section 216(l) of

the Social Security Act)" for "the age of 65" and "the age of

sixty-five years" was executed by substituting that phrase for "the

age of sixty-five" and "the age of sixty-five years".

Subsec. (c)(1)(ii). Pub. L. 98-76, Sec. 106(c), substituted

"retirement age (as defined in section 216(l) of the Social

Security Act)" for "the age of 65".

Subsec. (c)(2). Pub. L. 98-76, Sec. 106(d), substituted

"retirement age (as defined in section 216(l) of the Social

Security Act)" for "the age of 65" and "reduced by 1/144 for each

of the first 36 months that the spouse or divorced wife is under

retirement age (as defined in section 216(l) of the Social Security

Act) when the annuity begins to accrue and by 1/240 for each

additional month that the spouse or divorced wife is under

retirement age (as defined in section 216(l) of the Social Security

Act) when the annuity begins to accrue" for "reduced by 1/144 for

each calendar month that the spouse or divorced wife is under age

65 when the annuity begins to accrue".

Pub. L. 98-76, Sec. 409(a), inserted ", except that the annuity

of a divorced wife who was previously entitled to a spouse annuity

which was reduced under this subdivision shall be reduced by the

same percentage as was applicable to the spouse annuity" before the

period.

Subsec. (c)(3). Pub. L. 98-76, Sec. 415, struck out ", if, as of

the day on which the application for a spouse's annuity is filed,

such wife or husband and such annuitant were members of the same

household, or such wife or husband was receiving regular

contributions from such annuitant toward her or his support, or

such annuitant has been ordered by any court to contribute to the

support of such wife or husband" after "annuitant's son or

daughter".

Subsec. (c)(4)(ii)(A). Pub. L. 98-76, Sec. 106(e), substituted

"retirement age (as defined in section 216(l) of the Social

Security Act" for "the age of 65".

Subsec. (d)(1)(iii)(B). Pub. L. 98-76, Sec. 104(a), substituted

"nineteen years of age and a full-time elementary or secondary

school student" for "twenty-two years of age and a full-time

student at an educational institution".

Subsec. (d)(1)(iv). Pub. L. 98-76, Sec. 413(a), inserted ", but

neither this proviso nor clause (B) or (C) of this paragraph shall

operate to deny any parent an annuity to the extent and in the

amount of the benefit that such parent would have received under

the Social Security Act if the service as an employee of the

individual, with respect to which such parent would be eligible to

receive an annuity under this subchapter except for this proviso

and those clauses, were included in 'employment' as defined in the

Social Security Act".

Subsec. (d)(4). Pub. L. 98-76, Sec. 104(b), substituted

"full-time elementary or secondary school student" for "full-time

student" and "elementary or secondary school" for "educational

institution", in two places, "nineteen" for "twenty-two", and

"diploma or equivalent certificate from a secondary school (as

defined in section 202(d)(7)(c)(1) of the Social Security Act)" for

"degree from a four-year college or university".

Subsec. (e)(2). Pub. L. 98-76, Sec. 106(f), substituted

"retirement age (as defined in section 216(l) of the Social

Security Act)" for "age sixty-five".

Subsec. (e)(4). Pub. L. 98-76, Sec. 106(g), substituted

"retirement age (as defined in section 216(l) of the Social

Security Act)" for "age sixty-five" and "age of sixty-five".

Subsec. (h)(1). Pub. L. 98-76, Sec. 414(a), struck out par. (1)

relating to a reduction of annuities of individuals whose military

service credited under section 231b(i)(2) of this title was used as

a basis or partial basis for a pension, disability compensation, or

any other gratuitous benefits payable on a periodic basis under any

other Act.

1981 - Subsec. (b). Pub. L. 97-35, Sec. 1117(a), struck out

subdiv. (1) designation, substituted "conditions set forth in

subsections (e)" for "conditions set forth in subdivision (2) of

this section and subsections (e)", added par. (v), and struck out

subdivs. (2) and (3), which provided for supplementary annuity for

the period after an individual renders service as an employee for

compensation after his supplemental annuity closing date with two

provisos, and that such provisions shall not supersede the

provisions of any agreement reached through collective bargaining

providing for mandatory retirement at an age less than the

applicable supplemental annuity closing date.

Subsec. (c)(2), (4). Pub. L. 97-35, Sec. 1117(b), substituted

"subdivision (1) or a divorced wife who would be entitled to an

annuity under subdivision (4) if he or" for "subdivision (1) if he

or", "by 1/144 for each calendar month that the spouse or

divorced wife is" for "by 1/180 for each calendar month that the

spouse is" in subdiv. (2), and added subdiv. (4).

Subsec. (d)(1)(v). Pub. L. 97-35, Sec. 1117(c), added par. (v).

Subsec. (e)(5). Pub. L. 97-35, Sec. 1117(d), substituted "spouse

or divorced wife" for "spouse" in two places.

Subsec. (f)(2). Pub. L. 97-35, Sec. 1117(e)(1), substituted

"spouse's or divorced wife's annuity" for "spouse's annuity" in

five places.

Subsec. (f)(3) to (5). Pub. L. 97-35, Sec. 1117(e)(2), added

subdivs. (3) to (5).

Subsec. (g)(2). Pub. L. 97-35, Sec. 1117(f), substituted "such

survivor would be charged with" for "such survivor is under the age

of seventy-two and is charged with".

Subsec. (h). Pub. L. 97-35, Sec. 1117(g), substituted "the spouse

or divorced wife of such individual" for "the spouse of such

individual" in subdiv. (1), and "If a spouse or divorced wife

entitled" for "If a spouse entitled" in subdiv. (3).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (g)(2),

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-90 effective Jan. 1, 2002, see section

103(j) of Pub. L. 107-90, set out as a note under section 405 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7302(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall apply to

annuities payable under the Railroad Retirement Act of 1974 [this

subchapter] for months beginning after the date of enactment of

this Act [Nov. 10, 1988]."

Section 7303(b) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to months in calendar years beginning after December 31,

1988."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 104(d) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section and section 231d of

this title] shall be effective with respect to annuities accruing

for months after the month in which this Act is enacted [August,

1983] except in the case of a child who has attained the age of

eighteen in or before the month in which this Act is enacted and is

entitled to an annuity under section 2(d) of the Railroad

Retirement Act of 1974 [subsec. (d) of this section] for the month

in which this Act is enacted or, if earlier, for the month of April

1983."

Section 106(k) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section and sections 231c and

231d of this title] shall be effective on the date of the enactment

of this Act [Aug. 12, 1983], except that such amendment shall not

apply to annuity amounts provided under sections 3(b) and 4(b) of

the Railroad Retirement Act of 1974 or to increases in such annuity

amounts provided under sections 3(g) and 4(d) of such Act if the

individual upon whose earning record such annuity amounts are based

rendered service as an employee to an employer, or as an employee

representative, before the date of the enactment of this Act."

Section 409(b) of Pub. L. 98-76 provided that: "The amendment

made by this section [amending this section] shall be effective

with respect to divorced wife annuities awarded on and after the

date of enactment [Aug. 12, 1983]."

Section 413(b) of Pub. L. 98-76 provided that: "The amendment

made by this section [amending this section] shall apply with

respect to annuities that first begin to accrue with respect to any

month beginning after the date of the enactment of this Act [Aug.

12, 1983]."

Section 414(b) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to months beginning after the date of the enactment of this

Act [Aug. 12, 1983]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 1117(a) of Pub. L. 97-35 effective Oct. 1,

1981, and applicable with respect to individuals whose supplemental

annuity closing date under subsec. (b) of this section did not

occur before Oct. 1, 1981, amendment by section 1117(e)(2), (f) of

Pub. L. 97-35 effective Jan. 1, 1982, and amendment by other

provisions of section 1117 of Pub. L. 97-35 effective Oct. 1, 1981,

and applicable with respect to annuities awarded on or after Oct.

1, 1981, see section 1129 of Pub. L. 97-35, set out as a note under

section 231 of this title.

SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF 1975

Special payment of $50 as soon as practicable after Mar. 29,

1975, by Secretary of the Treasury to each individual who, for

month of March 1975, was entitled to a monthly annuity or pension

payment under this subchapter, see section 702 of Pub. L. 94-12,

set out as a note under section 402 of Title 42, The Public Health

and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 231, 231b to 231g, 231m

to 231o, 231r of this title; title 7 section 2012; title 26 section

72; title 42 sections 402, 405, 416.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a closing

parenthesis.

(!2) So in original. Probably should be "employee's".

(!3) So in original. Probably should not be capitalized.

(!4) See References in Text note below.

(!5) So in original. Probably should be section

"202(d)(7)(C)(i)".

-End-

-CITE-

45 USC Sec. 231b 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231b. Computation of annuities

-STATUTE-

(a) Amount

(1) The annuity of an individual under section 231a(a)(1) of this

title shall be in an amount equal to the amount (before any

reduction on account of age and before any deductions on account of

work) of the old-age insurance benefit or disability insurance

benefit to which such individual would have been entitled under the

Social Security Act [42 U.S.C. 301 et seq.] if all of his or her

service as an employee after December 31, 1936, had been included

in the term "employment" as defined in that Act.

(2) For purposes of this subsection, individuals entitled to an

annuity under section 231a(a)(1)(ii) of this title shall, except

for the purposes of recomputations in accordance with section

215(f) of the Social Security Act [42 U.S.C. 415(f)], be deemed to

have attained retirement age (as defined by section 216(l) of the

Social Security Act [42 U.S.C. 416(l)]). For purposes of this

subsection, individuals entitled to an annuity under paragraph (iv)

or (v) of section 231a(a)(1) of this title shall be deemed to be

entitled to a disability insurance benefit under section 223 of the

Social Security Act [42 U.S.C. 423].

(3) If an individual entitled to an annuity under section

231a(a)(1)(i) or (iii) of this title on the basis of less than ten

years of service is entitled to a benefit under section 202(a),

section 202(b), or section 202(c) of the Social Security Act [42

U.S.C. 402(a), (b), (c)] which began to accrue before the annuity

under section 231a(a)(1)(i) or (iii) of this title, the annuity

amount provided such individual under this subsection, shall be

computed as though the annuity under this subchapter began to

accrue on the later of (A) the date on which the benefit under

section 202(a), section 202(b), or section 202(c) of the Social

Security Act began, or (B) the date on which the individual first

met the conditions for entitlement to an age reduced annuity under

this subchapter other than the conditions set forth in sections

231a(e)(1) and 231a(e)(2) of this title and the requirement that an

application be filed.

(b) Increased annuities under subsection (a)

(1) The amount of the annuity of an individual provided under

subsection (a) of this section shall be increased by an amount

equal to seven-tenths of 1 per centum of the product which is

obtained by multiplying such individual's "years of service" by

such individual's "average monthly compensation" as determined

under this subsection. The annuity amount payable to the individual

under this subsection shall be reduced by 25 per centum of the

annuity amount computed for such individual under subsection (h)(1)

or (h)(2), and subsection (h)(5), of this section without regard to

section 231f(c)(1) of this title. An individual's "average monthly

compensation" for purposes of this subsection shall be the quotient

obtained by dividing by 60 such individual's total compensation for

the 60 months, consecutive or otherwise, during which such

individual received that individual's highest monthly compensation,

except that no part of any month's compensation in excess of the

maximum amount creditable for any individual for such month under

subsection (j) of this section shall be recognized. In determining

the months of compensation to be used for purposes of this

subsection, the total compensation reported for the individual

under section 231h of this title or credited to such individual

under subsection (j) of this section for a year divided by the

number of months of service credited to such individual under

subsection (i) of this section with respect to such year shall be

considered the monthly compensation of the individual for each

month of service in any year for which records of the Board do not

show the amount of compensation paid to the individual on a monthly

basis. If the "average monthly compensation" computed under this

subsection is not a multiple of $1, it shall be rounded to the next

lower multiple of $1.

(2) For purposes of subdivision (1) of this subsection, in

determining "average monthly compensation" for an individual who

has not engaged in employment for an employer in the 60-month

period preceding the month in which such individual's annuity began

to accrue, and whose major employment during such 60-month period

was for a United States department or agency named in section

231(o) of this title, the amount of compensation used with respect

to each month used in making such determination shall be the

product of -

(i) the compensation credited to such individual for such month

under paragraph (1) of this subsection; and

(ii) the quotient obtained by dividing -

(I) the average of total wages (as determined under section

215(b)(3)(A)(ii)(I) of the Social Security Act [42 U.S.C.

415(b)(3)(A)(ii)(I)]) for the second calendar year preceding

the earliest of the year of the individual's death or the year

in which an annuity begins to accrue to such individual

(disregarding an annuity based on disability which is

terminated because such individual has recovered from such

disability if such individual engages in any regular employment

after such termination); by

(II) the average of total wages (as determined under section

215(b)(3)(A)(ii)(II) of the Social Security Act [42 U.S.C.

415(b)(3)(A)(ii)(II)]) for the calendar year during which such

month occurred, unless such month occurred prior to calendar

year 1951, in which case, the average of total wages so

determined for 1951.

In no event shall "average monthly compensation" determined for an

individual under this subdivision exceed the maximum "average

monthly compensation" which can be determined under subdivision (1)

of this subsection for any person retiring January 1 of the year in

which such individual's annuity began to accrue.

(c), (d) Repealed. Pub. L. 97-35, title XI, Sec. 1118(b), Aug. 13,

1981, 95 Stat. 631

(e) Supplemental annuities

The supplemental annuity of an individual under section 231a(b)

of this title shall be $23 plus an additional amount of $4 for each

year of service that the individual has in excess of 25 years, but

in no case shall the supplemental annuity exceed $43.

(f) Reductions in annuities

(1) If, in the case of an individual whose annuity under section

231a(a)(1) of this title began to accrue prior to January 1, 1983,

the annuity (before any reduction due to such individual's

entitlement to a monthly insurance benefit under the Social

Security Act [42 U.S.C. 301 et seq.] and disregarding any amount

provided by subsection (h) of this section) plus the supplemental

annuity to which such individual is entitled for any month under

this subchapter, together with the annuity, if any, of the spouse

of such individual (before any reduction due to such spouse's

entitlement to a wife's or husband's insurance benefit under the

Social Security Act and disregarding any amount provided by section

231c(e) of this title), before any reductions under the provisions

of section 231a(f) of this title is less than the total amount

which would have been payable to such individual and his spouse for

such month, on the basis of the individual's compensation and years

of service, under the provisions of the Railroad Retirement Act of

1937 as in effect on December 31, 1974 [45 U.S.C. 228a et seq.],

disregarding, for purposes of the computations under such Railroad

Retirement Act of 1937 compensation for any month after December

31, 1974, in excess of one-twelfth of the maximum annual taxable

"wages" (as defined in section 3121 of the Internal Revenue Code of

1986 [26 U.S.C. 3121]) for the calendar year 1974, the annuity of

such individual and the annuity of such spouse, if any, shall be

increased proportionately so as to equal such total amount. For the

purpose of computing amounts under this subdivision, the Board

shall have the authority to approximate the effect of the

reductions prescribed by sections 3(a)(2) and 3(a)(3) of the

Railroad Retirement Act of 1937 [45 U.S.C. 228c(a)(2), (a)(3)]. For

purposes of computing amounts payable under the Railroad Retirement

Act of 1937, any increases in the amounts determined under the

first proviso of section 3(e) of such Act which would have become

effective after December 31, 1974, shall be disregarded.

(2) If for any month in which an annuity accrues and is payable

under this subchapter the annuity to which an individual is

entitled under this subchapter (or would have been entitled except

for a reduction pursuant to a joint and survivor election),

together with the annuity, if any, of the spouse and divorced wife

of such individual, is less than the total amount, or the

additional amount, which would have been payable to all persons for

such month under the Social Security Act [42 U.S.C. 301 et seq.] if

such individual's service as an employee after December 31, 1936,

were included in the term "employment" as defined in that Act, the

annuities of the individual and spouse shall be increased

proportionately to such total amount, or such additional amount:

Provided, however, That if an annuity accrues to an individual or a

spouse for a part of a month, the amount payable for such part of a

month under this subdivision shall be one-thirtieth of the amount

payable under this subdivision for an entire month, multiplied by

the number of days in such part of a month. For purposes of this

subdivision, (i) persons not entitled to an annuity under section

231a of this title shall not be included in the computation under

this subdivision except a spouse who could qualify for an annuity

under section 231a(c) of this title if the individual from whom the

spouse's annuity under this subchapter would derive had attained

age 60 or 62, as the case may be, and such individual's children

who meet the definition as such contained in section 216(e) of the

Social Security Act [42 U.S.C. 416(e)]; (ii) after an annuity has

been certified for payment and this subdivision was inapplicable

after allowing for any waiting period under section 223(c)(2) of

the Social Security Act [42 U.S.C. 423(c)(2)], and after having

considered the inclusion of all persons who were then eligible for

inclusion in the computation under this subdivision, or was then

applicable but later became inapplicable, any recertification in

such annuity under this subdivision shall not take into account

persons not entitled to an annuity under section 231a of this title

except a spouse who could qualify for an annuity under section

231a(c) of this title when she attains age 60 or 62, as the case

may be, if the individual from whom the spouse's annuity would

derive had attained age 60 or 62, as the case may be, and who was

married to such individual at the time he applied for his annuity;

and (iii) in computing the amount to be paid under this subdivision

the only benefits under title II of the Social Security Act [42

U.S.C. 401 et seq.] which shall be considered shall be those to

which the persons included in the computation are entitled.

(g) Increased annuities under subsection (b)

(1) Effective with the date of any increase after January 31,

1984, in monthly insurance benefits under the Social Security Act

[42 U.S.C. 301 et seq.] which occurs, or which would have occurred

had there not been a general benefit increase under that Act,

pursuant to the automatic cost-of-living provisions of section

215(i) of that Act [42 U.S.C. 415(i)], that portion of the annuity

of an individual which is computed under subsection (b) of this

section shall, if such individual's annuity under section

231a(a)(1) of this title began to accrue on or before the effective

date of a particular increase under this subdivision, be increased

by 32.5 per centum of the percentage increase in the index which is

used, or which would have been used had there not been a general

benefit increase under the Social Security Act, in increasing

benefits under the Social Security Act pursuant to the automatic

cost-of-living provisions of section 215(i) of that Act. Any

increase under this subsection shall not be deferred and shall be

reflected in all payments made to annuitants after such increase

under this subsection becomes effective.

(2) The first and, if necessary, the following time or times

after January 1, 1983, that monthly insurance benefits under

section 202 of the Social Security Act [42 U.S.C. 402] are

increased, that portion of the annuity of an individual which is

computed under subsection (b) of this section as increased under

subdivision (1) of this subsection shall, if such individual's

annuity under section 231a(a)(1) of this title began to accrue in

or before the year in which such first increase under the Social

Security Act [42 U.S.C. 301 et seq.] became effective, be reduced

by the dollar amount by which that portion of the annuity provided

such individual under subsection (a) of this section was increased,

after any reduction under subsection (m) of this section, as a

result of such increase or increases under the Social Security Act

until the total dollar amount of such reduction or reductions

equals 5 per centum of the annuity amount provided such individual

under subsection (a) of this section, as reduced under subsection

(m) of this section, prior to such first increase. In no case shall

the reduction by reason of this paragraph operate to reduce such

portion to an amount less than $10.

(h) Increased annuities under subsections (a) and (b)

(1) The amount of the annuity provided under subsections (a) and

(b) of this section of an individual who (A) will have (i) rendered

service as an employee to an employer, or as an employee

representative, during the calendar year 1974, or (ii) had a

current connection with the railroad industry on December 31, 1974,

or at the time his annuity under section 231a(a)(1) of this title

began to accrue, or (iii) completed twenty-five years of service

prior to January 1, 1975, and (B) will have (i) completed ten years

of service prior to January 1, 1975, and (ii) been permanently

insured under the Social Security Act [42 U.S.C. 301 et seq.] on

December 31, 1974, shall be increased by an amount equal to the

amount by which (C) the sum of (i) the primary insurance amount to

which such individual would have been entitled, upon the attainment

of age 65 (or, if later, for January 1975), under the provisions of

the Social Security Act as in effect on December 31, 1974, if his

service as an employee after December 31, 1936, and prior to

January 1, 1975, were included in the term "employment" as defined

in that Act and if he had no wages or self-employment income under

that Act other than wages derived from such service as an employee,

and (ii) the primary insurance amount to which such individual

would have been entitled, upon the attainment of age 65 (or, if

later, for January 1975), under the provisions of the Social

Security Act as in effect on December 31, 1974, on the basis of his

wages and self-employment income derived from employment and

self-employment under that Act prior to January 1, 1975, exceeds

(D) the primary insurance amount to which such individual would

have been entitled, upon the attainment of age 65 (or, if later,

for January 1975), under the provisions of the Social Security Act

as in effect on December 31, 1974, on the basis of his wages and

self-employment income derived from employment and self-employment

under that Act prior to January 1, 1975, and on the basis of

compensation derived from service as an employee after December 31,

1936, and prior to January 1, 1975, if such service as an employee

had been included in the term "employment" as defined in that Act.

(2) The amount of the annuity provided under subsections (a) and

(b) of this section to an individual who (A) will not have met the

conditions set forth in subclause (i), (ii), or (iii) of clause (A)

of subdivision (1) of this subsection, but (B) will have (i)

completed ten years of service prior to January 1, 1975, and (ii)

been permanently insured under the Social Security Act [42 U.S.C.

301 et seq.] as of December 31 of the calendar year prior to 1975

in which he last rendered service as an employee to an employer, or

as an employee representative, shall be increased by an amount

equal to the amount by which (C) the sum of (i) the primary

insurance amount to which such individual would have been entitled,

upon the attainment of age 65 (or, if later, for January 1975),

under the provisions of the Social Security Act as in effect on

December 31, 1974, if his service as an employee after December 31,

1936, and prior to January 1, 1975, were included in the term

"employment" as defined in that Act and if he had no wages or

self-employment income under that Act other than wages derived from

such service as an employee, and (ii) the primary insurance amount

to which such individual would have been entitled, upon the

attainment of age 65 (or, if later, for January 1975), under the

provisions of the Social Security Act as in effect on December 31,

1974, on the basis of his wages and self-employment income derived

from employment and self-employment under that Act as of December

31 of the calendar year prior to 1975 in which he last performed

service as an employee under this subchapter, exceeds (D) the

primary insurance amount to which such individual would have been

entitled, upon the attainment of age 65 (or, if later, for January

1975), under the provisions of the Social Security Act as in effect

on December 31, 1974, on the basis of his wages and self-employment

income derived from employment and self-employment under that Act

as of December 31 of the calendar year prior to 1975 in which he

last performed service as an employee under this subchapter and on

the basis of compensation derived from service as an employee after

December 31, 1936, and prior to January 1, 1975, if such service as

an employee had been included in the term "employment" as defined

in that Act.

(3) The amount of the annuity provided under subsections (a) and

(b) of this section of an individual who (A) will have (i) rendered

service as an employee to an employer, or as an employee

representative, during the calendar year 1974, or (ii) had a

current connection with the railroad industry on December 31, 1974,

or at the time his annuity under section 231a(a)(1) of this title

began to accrue, or (iii) completed twenty-five years of service

prior to January 1, 1975, and (B) will have completed ten years of

service prior to January 1, 1975, and is the wife, husband, widow,

or widower of a person who will have been permanently insured under

the Social Security Act [42 U.S.C. 301 et seq.] on December 31,

1974, shall be increased by an amount equal to the smaller of (C)

the wife's, husband's, widow's, or widower's insurance benefit to

which such individual would have been entitled, upon attaining age

65 (or, if later, for January 1975), under the provisions of the

Social Security Act as in effect on December 31, 1974, on the basis

of such person's wages and self-employment income derived from

employment and self-employment under that Act prior to January 1,

1975, or (D) the primary insurance amount to which such individual

would have been entitled upon attaining age 65 (or, if later, for

January 1975), under the provisions of the Social Security Act as

in effect on December 31, 1974, on the basis of such individual's

wages and self-employment income derived from employment and

self-employment under that Act prior to January 1, 1975, and on the

basis of compensation derived from service as an employee after

December 31, 1936, and prior to January 1, 1975, if such service as

an employee had been included in the term "employment" as defined

in that Act.

(4) The amount of the annuity provided under subsections (a) and

(b) of this section of an individual who (A) will not have met the

conditions set forth in subclause (i), (ii), or (iii) of clause (A)

of subdivision (3) of this subsection, but (B) will have completed

ten years of service prior to January 1, 1975, and is the wife,

husband, widow, or widower of a person who will have been

permanently insured under the Social Security Act [42 U.S.C. 301 et

seq.] as of December 31 of the calendar year prior to 1975 in which

such individual last rendered service as an employee to an

employer, or as an employee representative, shall be increased by

an amount equal to the smaller of (C) the wife's, husband's,

widow's, or widower's insurance benefit to which such individual

would have been entitled, upon attaining age 65 (or, if later, for

January 1975), under the provisions of the Social Security Act as

in effect on December 31, 1974, on the basis of such person's wages

and self-employment income derived from employment and

self-employment under that Act as of December 31 of the calendar

year prior to 1975 in which such individual last performed service

as an employee under this subchapter or (D) the primary insurance

amount to which such individual would have been entitled upon

attaining age 65 (or, if later, for January 1975), under the

provisions of the Social Security Act as in effect on December 31,

1974, on the basis of such individual's wages and self-employment

income derived from employment and self-employment under that Act

as of December 31 of the calendar year prior to 1975 in which such

individual last performed service as an employee under this

subchapter and on the basis of compensation derived from service as

an employee after December 31, 1936, and prior to January 1, 1975,

if such service as an employee had been included in the term

"employment" as defined in that Act.

(5) The amount computed under subdivision (1), (2), (3), or (4)

of this subsection shall be increased by the same percentage, or

percentages, as benefits under the Social Security Act [42 U.S.C.

301 et seq.] are increased, or would have been increased had there

been no general benefit increases under the Social Security Act,

pursuant to the automatic cost-of-living provisions of section

215(i) of that Act [42 U.S.C. 415(i)] during the period from

January 1, 1975, to the earlier of the date on which the

individual's annuity under section 231a(a)(1) of this title began

to accrue or January 1, 1982.

(6) No amount shall be payable to an individual under subdivision

(3) or (4) of this subsection unless the entitlement of such

individual to such amount had been determined prior to August 13,

1981.

(i) Years of service

(1) The "years of service" of an individual shall include all his

service subsequent to December 31, 1936.

(2) The "years of service" of an individual shall also include

his voluntary or involuntary military service, within or without

the United States, during any war service period: Provided,

however, That such military service shall be included only if,

prior to the beginning of his military service and in the same

calendar year in which such military service began, or in the next

preceding calendar year, the individual rendered service for

compensation to an employer or to a person service to which is

otherwise creditable under this subchapter, or lost time as an

employee for which he received remuneration, or was serving as an

employee representative: Provided further, That such military

service shall be included only subject to and in accordance with

the provisions of subdivisions (1) and (3) of this subsection in

the same manner as though military service were service rendered as

an employee: And provided further, That such military service

rendered after December 1956 shall not be included with respect to

any month if (A) any benefits are payable for that month under the

Social Security Act [42 U.S.C. 301 et seq.] on the basis of such

individual's wages and self-employment income, (B) such military

service was included in the computation of such benefits, and (C)

the inclusion of such military service in the computation of such

benefits resulted (for that month) in benefits not otherwise

payable or in an increase in the benefits otherwise payable: And

provided further, That an individual who entered military service

prior to a war service period shall not be regarded as having been

in military service in a war service period with respect to any

part of the period for which he entered such military service.

(3) The "years of service" of an individual who was an employee

on August 29, 1935, shall, if the total number of his "years of

service" as determined under subdivisions (1) and (2) is less than

thirty, also include his service prior to January 1, 1937, but not

so as to make his total years of service exceed thirty: Provided,

however, That with respect to any such individual who rendered

service to any employer subsequent to December 31, 1936, and who on

August 29, 1935, was not an employee of an employer conducting the

principal part of its business in the United States, no greater

proportion of his service rendered prior to January 1, 1937, shall

be included in his "years of service" than the proportion which his

total compensation (without regard to any limitation on the amount

of compensation otherwise provided in this subchapter) for service

subsequent to December 31, 1936, rendered anywhere to an employer

conducting the principal part of its business in the United States

or rendered in the United States to any other employer bears to his

total compensation (without regard to any limitation on the amount

of compensation otherwise provided in this subchapter) for service

rendered anywhere to an employer subsequent to December 31, 1936.

Where the "years of service" include only part of the service prior

to January 1, 1937, the part included shall be taken in reverse

order beginning with the last calendar month of such service.

(4) Where for any calendar year after 1984 an individual has

performed service for compensation in less than twelve months of

the calendar year but has received compensation in excess of an

amount determined by multiplying the number of months in the year

in which such individual performed service for compensation by an

amount equal to one-twelfth of the current maximum annual taxable

"wages" as defined in section 3121 of the Internal Revenue Code of

1986 [26 U.S.C. 3121], the individual shall be deemed to have

rendered service for compensation in that number of months in the

calendar year, but not to exceed twelve, which is equal to the

quotient of the amount of such individual's compensation for the

calendar year divided by an amount equal to one-twelfth of the

current maximum annual taxable "wages" as defined in section 3121

of the Internal Revenue Code of 1986, with any remainder produced

by this computation increasing the quotient by one, but an

individual shall not be deemed under this subdivision to have

rendered service for compensation in any month in which such

individual was neither in an employment relation to one or more

employers nor an employee representative.

(j) Average monthly compensation

The "average monthly compensation" shall be computed in the

manner specified in subsection (b) of this section, except (1) that

with respect to service prior to January 1, 1937, the monthly

compensation shall be the average compensation paid to an employee

with respect to calendar months included in his years of service in

the years 1924-1931, and (2) the amount of compensation paid or

attributable as paid to him with respect to each month of service

before September 1941 as a station employee whose duties consisted

of or included the carrying of passengers' hand baggage and

otherwise assisting passengers at passenger stations and whose

remuneration for service to the employer was, in whole or in

substantial part, in the forms of tips, shall be the monthly

average of the compensation paid to him as a station employee in

his months of service in the period September 1940 through August

1941: Provided, however, That where service in the period 1924

through 1931 in the one case, or in the period September 1940

through August 1941 in the other case, is, in the judgment of the

Board, insufficient to constitute a fair and equitable basis for

determing (!1) the amount of compensation paid or attributable as

paid to him in each month of service before 1937, or September

1941, respectively, the Board shall determine the amount of such

compensation for each such month in such manner as in its judgment

shall be fair and equitable. In computing the monthly compensation,

no part of any month's compensation in excess of $300 for any month

before July 1, 1954, or in excess of $350 for any month after June

30, 1954, and before June 1, 1959, or in excess of $400 for any

month after May 31, 1959, and before November 1, 1963, or in excess

of $450 for any month after October 31, 1963, and before October 1,

1965, or in excess of (i) $450, or (ii) an amount equal to

one-twelfth of the current maximum annual taxable "wages" as

defined in section 3121 of the Internal Revenue Code of 1986 [26

U.S.C. 3121], whichever is greater, for any month after September

30, 1965, shall be recognized. If for any calendar year after 1984

an employee has received compensation of less than one-twelfth of

the current maximum annual taxable "wages" as defined in section

3121 of the Internal Revenue Code of 1986 in one or more months of

the calendar year, the total compensation paid such employee in the

calendar year (without regard to the limitation on the amount of

compensation provided in the preceding sentence) shall be deemed to

have been paid in equal proportions with respect to all months in

the year in which the employee will have been in the service of one

or more employers for compensation or will have performed service

for compensation as an employee representative, but this sentence

shall not operate to increase the employee's compensation for any

month above an amount equal to one-twelfth of the current maximum

annual taxable "wages" as defined in section 3121 of the Internal

Revenue Code of 1986. If the employee earned compensation in

service after June 30, 1937, and after the last day of the calendar

year in which he attained age sixty-five, such compensation and

service shall be disregarded in computing the average monthly

compensation if the result of taking such compensation into account

in such computation would be to diminish his annuity. Where an

employee claims credit for months of service rendered within two

years prior to his retirement from the service of an employer, with

respect to which the employer's return pursuant to section 231h of

this title has not been entered on the records of the Board before

the employee's annuity could otherwise be certified for payment,

the Board may, in its discretion (subject to subsequent adjustment

at the request of the employee) include such months in the

computation of the annuity without further verification and may

consider the compensation for such months to be the average of the

compensation for months in the last period for which the employer

has filed a return of the compensation of such employee and such

return has been entered on the records of the Board.

(k) Employee representatives

The annuity of an individual who shall have been an employee

representative shall be determined in the same manner and with the

same effect as if the employee organization by which he shall have

been employed were an employer.

(l) Reductions for increased annuities

(1) Except as provided in subdivision (2) of this subsection, if

an annuity awarded under section 231a(a)(1)(iii) of this title or

under section 231a(c)(2) of this title is increased or decreased

either by a change in the law or by a recomputation, the reduction

on account of age in the amount of such increase or decrease shall

be computed as though such increased or decreased annuity amount

had been in effect for and after the month in which the annuitant

first became entitled to such annuity under section 231a(a)(1)(iii)

or section 231a(c)(2) of this title.

(2) The reduction required under section 231a(a)(1)(iii) or

section 231a(c)(2) of this title may be applied separately to each

of the annuity amounts computed under subsections (a), (b), and (h)

of this section and subsections (a), (b), and (e) of section 231c

of this title. For this purpose, in any case in which an annuity

amount was computed for an individual under the provisions of this

subchapter or of Public Law 93-445 prior to October 1, 1981, an

annuity amount computed under subsections (a), (b), (c), (d) and

(h) of this section, subsection (a), (b), or (e) of section 231c of

this title, and section 204 or section 206 of Public Law 93-445

shall be reduced by its proportionate share of the reduction on

account of age. For purposes of the preceding sentence, annuity

amounts computed for an individual under subsections (b), (c), and

(d) of this section prior to October 1981 shall be considered as

one annuity amount.

(m) Reductions due to monthly social security payments

The annuity of any individual under subsection (a) of this

section for any month shall, after any reduction pursuant to

paragraph (iii) of section 231a(a)(1) of this title, be reduced,

but not below zero, by the amount of any monthly benefit (before

any deductions on account of work) payable to that individual for

that month under title II of the Social Security Act [42 U.S.C. 401

et seq.].

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 3, 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. 1319; amended Pub. L. 95-216, title

III, Sec. 358(a), Dec. 20, 1977, 91 Stat. 1556; Pub. L. 96-582,

Sec. 1, Dec. 23, 1980, 94 Stat. 3374; Pub. L. 97-35, title XI, Sec.

1118, Aug. 13, 1981, 95 Stat. 630; Pub. L. 98-76, title I, Sec.

101(a), 102(a), 107(a), (b), title IV, Secs. 404(1), (2), 405(a),

Aug. 12, 1983, 97 Stat. 411, 413, 418, 434, 435; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107-90, title I,

Secs. 102(a), (c), 103(b), 104(a)(1), (2)(A), Dec. 21, 2001, 115

Stat. 879, 880, 882.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (a)(1), (f),

(g), (h)(1) to (5), (i)(2), and (m), 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.

Title II of the Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of Title 42. For complete classification

of this Act to the Code, see section 1305 of Title 42 and Tables.

The Railroad Retirement Act of 1937, referred to in subsec.

(f)(2), 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.

Section 3 of the Railroad Retirement Act of 1937, referred to in

subsec. (f)(2), which was classified to section 228c of this title,

has been omitted from the Code.

Sections 204 and 206 of Public Law 93-445 (approved Oct. 16,

1974, 88 Stat. 1352, 1354), referred to in subsec. (l)(2), are set

out as part of the Transitional Provisions note under section 231

of this title.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-90, Sec. 102(a), inserted

after par. designation "For purposes of this subsection,

individuals entitled to an annuity under section 231a(a)(1)(ii) of

this title shall, except for the purposes of recomputations in

accordance with section 215(f) of the Social Security Act, be

deemed to have attained retirement age (as defined by section

216(l) of the Social Security Act)."

Subsec. (a)(3). Pub. L. 107-90, Sec. 103(b), added par. (3).

Pub. L. 107-90, Sec. 102(c), struck out par. (3) which read as

follows: "In lieu of an annuity amount provided under subdivision

(1), the annuity of an individual entitled to an annuity under

paragraph (ii) of section 231a(a)(1) of this title which begins to

accrue before the individual attains age 62 shall be in an amount

equal to -

"(i) for each month prior to the first month throughout which

the individual is age 62, the amount (after any reduction on

account of age but before any deductions on account of work) of

the old-age insurance benefit to which such individual would have

been entitled under the Social Security Act as of the date on

which such individual's annuity begins to accrue if such

individual had attained age 62 on the first day of the month in

which his or her annuity begins to accrue and if all of such

individual's service as an employee after December 31, 1936, had

been included in the term 'employment' as defined in that Act,

using for purposes of this computation the number of benefit

computation years applicable to a person born in the year in

which such individual was born; and

"(ii) for months beginning with the first month throughout

which the individual is age 62, the amount (after any reduction

on account of age but before any deductions on account of work)

of the old-age insurance benefit to which such individual would

have been entitled under the Social Security Act if all of such

individual's service as an employee after December 31, 1936, had

been included in the term 'employment' as defined in that Act."

Subsec. (f). Pub. L. 107-90, Sec. 104(a)(1), (2)(A), redesignated

pars. (2) and (3) as (1) and (2), respectively, struck out ",

without regard to the provisions of subdivision (1) of this

subsection," before "proportionately so as to equal" in first

sentence of par. (1), and struck out former par. (1) which read as

follows: "If the total amount of an individual's annuity and

supplemental annuity computed under the preceding subsections of

this section would, before any reductions on account of age, before

any reduction due to such individual's entitlement to a monthly

insurance benefit under the Social Security Act, and disregarding

any increases in such total amount which become effective after the

date on which such individual's annuity under section 231a(a)(1) of

this title begins to accrue, exceed an amount equal to the sum of

(A) 100 per centum of his 'final average monthly compensation' up

to an amount equal to 50 per centum of one-twelfth of the maximum

annual taxable 'wages' (as defined in section 3121 of the Internal

Revenue Code of 1986) for the calendar year in which such

individual's annuity under section 231a(a)(1) of this title begins

to accrue, plus (B) 80 per centum of so much of his 'final average

monthly compensation' as exceeds 50 per centum of one-twelfth of

the maximum annual taxable 'wages' (as defined in section 3121 of

the Internal Revenue Code of 1986) for the calendar year in which

such individual's annuity under section 231a(a)(1) of this title

begins to accrue, the supplemental annuity of such individual

first, and then, if necessary, the annuity amount of such

individual as computed under subsection (b) of this section, shall

be reduced until such total amount of such individual's annuity and

supplemental annuity equals such sum or until such supplemental

annuity and such annuity amount computed under subsection (b) of

this section are reduced to zero, whichever occurs first: Provided,

however, That the provisions of this subdivision shall not operate

to reduce the total amount of an individual's annuity and

supplemental annuity computed under the preceding subsections of

this section below $1,200. For purposes of this subdivision, the

'final average monthly compensation' of an individual shall except

as provided in the following sentence be determined by dividing the

total compensation received by such individual in the two calendar

years, consecutive or otherwise, in which he was credited with the

highest total compensation during the ten-year period ending with

December 31 of the year in which such individual's annuity under

section 231a(a)(1) of this title begins to accrue by 24. If the

individual's 'average monthly compensation' is determined under

subdivision (2) of subsection (b) of this section, the 'final

average monthly compensation' for such individual shall be the

average of the compensation for the 24 months in which the

compensation determined for the purpose of subdivision (2) of

subsection (b) of this section is the highest. For purposes of this

subdivision, the term 'compensation' shall include 'compensation'

as defined in section 231(h) of this title, 'wages' as defined in

section 209 of the Social Security Act, 'self-employment income' as

defined in section 211(b) of the Social Security Act, and wages

deemed to have been paid under section 217 or 229 of the Social

Security Act on account of military service: Provided, however,

That in no case shall the compensation with respect to any calendar

month exceed the limitation on the compensation for such month

prescribed in subsection (j) of this section. Wages and

self-employment income included as compensation for purposes of

this subdivision shall, in the absence of evidence to the contrary,

be presumed to have been paid in equal proportions with respect to

all months in the calendar quarter in which credited, in the case

of wages paid before 1978, or in equal proportions with respect to

all months in the calendar year in which credited, in the case of

self-employment income and in the case of wages paid after 1977."

1986 - Subsecs. (f)(1), (2), (i)(4), (j). Pub. L. 99-514

substituted "Internal Revenue Code of 1986" for "Internal Revenue

Code of 1954" wherever appearing.

1983 - Subsec. (a)(2). Pub. L. 98-76, Sec. 101(a)(1), amended

par. (2) generally, substituting provisions that for purposes of

this subsection, individuals entitled to an annuity under section

231a(a)(1)(iv) or (v) of this title shall be deemed to be entitled

to a disability insurance benefit under section 223 of the Social

Security Act, for provisions that for purposes of this subsection,

individuals entitled to an annuity under paragraph (ii) of section

231a(a)(1) of this title would except for purposes of

recomputations in accordance with the provisions of section 215(f)

of the Social Security Act, be deemed to have attained age 65, and

individuals entitled to an annuity under paragraph (iv) or (v) of

such section 231a(a)(1) of this title would be deemed to be

entitled to a disability insurance benefit under section 223 of the

Social Security Act.

Subsec. (a)(3). Pub. L. 98-76, Sec. 101(a)(2), added par. (3).

Subsec. (f)(1). Pub. L. 98-76, Sec. 404(1), inserted "except as

provided in the following sentence" in sentence relating to the

determination of the "final average monthly compensation" of an

individual.

Pub. L. 98-76, Sec. 404(2), inserted "If the individual's

'average monthly compensation' is determined under subdivision (2)

of subsection (b) of this section, the 'final average monthly

compensation' for such individual shall be the average of the

compensation for the 24 months in which the compensation determined

for the purpose of subdivision (2) of subsection (b) of this

section is the highest."

Subsec. (f)(3). Pub. L. 98-76, Sec. 405(a), in first sentence,

inserted "and divorced wife" after "of the spouse", and substituted

"the annuities of the individual and spouse" for "such annuity or

annuities".

Subsec. (g). Pub. L. 98-76, Sec. 102(a), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows:

"Effective with the month of June for any year after 1981, that

portion of the annuity of an individual which is computed under

subsection (b) of this section shall, if such individual's annuity

under section 231a(a)(1) of this title began to accrue on or before

June 1 of such year, be increased by 32.5 per centum of the

percentage increase, if any (rounded to the nearest one-tenth of 1

per centum), obtained by comparing (A) the unadjusted Consumer

Price Index for the calendar quarter ending March 31 of such year

with (B) the higher of (i) such index for the calendar quarter

ending March 31 of the year immediately preceding such year or (ii)

such index for the calendar quarter ending March 31 of any

preceding year after 1980. The unadjusted Consumer Price Index for

any calendar quarter shall be the arithmetical mean of such index

for the three months in such quarter."

Subsec. (i)(4). Pub. L. 98-76, Sec. 107(a), added par. (4).

Subsec. (j). Pub. L. 98-76, Sec. 107(b), inserted provision that

if for any calendar year after 1984 an employee has received

compensation of less than one-twelfth of the current maximum annual

taxable "wages" as defined in section 3121 of the Internal Revenue

Code of 1954 in one or more months of the calendar year, the total

compensation paid such employee in the calendar year (without

regard to the limitation on the amount of compensation provided in

the preceding sentence) shall be deemed to have been paid in equal

proportions with respect to all months in the year in which the

employee will have been in the service of one or more employers for

compensation or will have performed service for compensation as an

employee representative, but this sentence shall not operate to

increase the employee's compensation for any month above an amount

equal to one-twelfth of the current maximum annual taxable "wages"

as defined in section 3121 of the Internal Revenue Code of 1954.

1981 - Subsec. (b). Pub. L. 97-35, Sec. 1118(a), substituted new

criteria for computation of increase in annuity of an individual

provided under subsec. (a) of this section.

Subsec. (c). Pub. L. 97-35, Sec. 1118(b), repealed subsec. (c)

which provided for amount of increase of annuity of an individual

entitled to an annuity under section 231a(a)(1) of this title and

who rendered service as an employee to an employer, or as an

employee representative subsequent to Dec. 31, 1974.

Subsec. (d). Pub. L. 97-35, Sec. 1118(b), repealed subsec. (d)

which prescribed a formula for increase in amount of annuity of an

individual provided for in other provisions of this section.

Subsec. (f)(1). Pub. L. 97-35, Sec. 1118(c)(2), substituted "such

individual's annuity under section 231a(a)(1) of this title begins

to accrue, exceed an amount equal to the sum of (A)" for "such

begins to accrue, exceed an amount equal to the sum of individual's

annuity under section 231a(a)(1) of this title (A)".

Pub. L. 97-35, Sec. 1118(c)(1), substituted "subsection (b) of

this section" for "subsections (b), (c), and (d) of this section"

in two places.

Subsec. (g). Pub. L. 97-35, Sec. 1118(d), substituted new formula

for increase of portion of annuity of an individual computed under

subsec. (b) of this section for formula for increase of portions of

annuity of an individual computed under subsecs. (b) and (d) of

this section, and revised effective dates for such increases.

Subsec. (h)(1) to (4). Pub. L. 97-35, Sec. 1118(e)(1),

substituted "subsections (a) and (b) of this section" for

"subsections (a) through (d) of this section" in subdivs. (1) to

(4).

Subsec. (h)(5). Pub. L. 97-35, Sec. 1118(e)(2), substituted

"January 1, 1975, to the earlier of the date on which the

individual's annuity under section 231a(a)(1) of this title began

to accrue or January 1, 1982" for "January 1, 1975, to the date on

which the individual's annuity under section 231a(a)(1) of this

title began to accrue".

Subsec. (h)(6). Pub. L. 97-35, Sec. 1118(e)(3), added subdiv.

(6).

Subsec. (j). Pub. L. 97-35, Sec. 1118(f), substituted definition

of average monthly compensation by reference to computation in

manner specified in subsec. (b) of this section, for definition by

reference to average compensation paid to an employee with respect

to calendar months included in his years of service, and struck out

provision rounding to next lower multiple of $1 if average monthly

compensation is not a multiple of $1.

Subsec. (l). Pub. L. 97-35, Sec. 1118(g), designated existing

provisions as subdiv. (1), substituted provisions that except as

provided in subdiv. (2) of this subsection, if an annuity awarded

under section 231a(a)(1)(iii) or under section 231a(c)(2) of this

title is increased or decreased either by a change in law or by a

recomputation, the reduction on account of age in the amount of

such increase or decrease shall be computed as though such

increased or decreased annuity amount had been in effect for and

after month in which annuitant first became entitled to such

annuity under section 231a(a)(1)(iii) or section 231a(c)(2) of this

title, for provisions that in cases where an annuity awarded under

section 231a(a)(1)(iii) or under section 231a(c)(2) of this title

is increased either by a change in law or by a recomputation, the

reduction for the increase in the annuity shall be determined

separately and period with respect to which the reduction applies

shall be determined as if such increase were a separate annuity

payable for and after first month for which such increase is

effective, and added subdiv. (2).

Subsec. (m). Pub. L. 97-35, Sec. 1118(h)(2), inserted "(before

any deductions on account of work)" after "monthly benefit".

Pub. L. 97-35, Sec. 1118(h)(1), substituted "shall, after any

reduction pursuant to paragraph (iii) of section 231a(a)(1) of this

title, be reduced" for "shall be reduced".

1980 - Subsec. (g). Pub. L. 96-582 designated existing provisions

as subdiv. (1) and added subdiv. (2).

1977 - Subsec. (f)(1). Pub. L. 95-216 substituted "Wages and

self-employment income included as compensation for purposes of

this subdivision shall, in the absence of evidence to the contrary,

be presumed to have been paid in equal proportions with respect to

all months in the calendar quarter in which credited, in the case

of wages paid before 1978, or in equal proportions with respect to

all months in the calendar year in which credited, in the case of

self-employment income and in the case of wages paid after 1977"

for "Wages and self-employment income included as compensation for

purposes of this subdivision shall, in the absence of evidence to

the contrary, be presumed to have been paid in equal proportions

with respect to all months in the calendar quarter in which

credited in the case of wages, or in equal proportions with respect

to all months in the calendar year in which credited, in the case

of self-employment income".

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by section 102 of Pub. L. 107-90 applicable to

annuities that begin to accrue on or after Jan. 1, 2002, with

exception for amount of the annuity provided for a spouse under

section 231c(a) of this title, see section 102(d) of Pub. L.

107-90, set out as a note under section 231c of this title.

Amendment by section 103(b) of Pub. L. 107-90 effective Jan. 1,

2002, see section 103(j) of Pub. L. 107-90, set out as a note under

section 405 of Title 42, The Public Health and Welfare.

Pub. L. 107-90, title I, Sec. 104(c), Dec. 21, 2001, 115 Stat.

882, provided that: "The amendments made by this section [amending

this section and sections 231c and 231f of this title] shall take

effect on January 1, 2002, and shall apply to annuity amounts

accruing for months after December 2001."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 101(c) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending sections 231b and 231c of this

title] shall become effective on July 1, 1984, and shall apply only

with respect to awards in cases where the individual's annuity

under section 2(a)(1) of the Railroad Retirement Act of 1974 [45

U.S.C. 231a(a)(1)] began to accrue on or after that date and the

individual had not completed thirty years of service and attained

age 60 prior to that date. In the case of an individual who has

completed thirty years of service and has attained age 60 before

January 1, 1986, the amount of the reduction on account of age in

the annuity amount provided to such individual under section

3(a)(3) of the Railroad Retirement Act of 1974 [subsec. (a)(3) of

this section] and the amount of the reduction on account of age in

the annuity amount provided to the spouse of such individual under

subdivision (3) of section 4(a) of the Railroad Retirement Act of

1974 [45 U.S.C. 231c(a)(3)] shall be only one-half of the amount by

which such annuity would be reduced on account of age except for

the provisions of this sentence."

Section 102(d) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending sections 231b and 231c of this

title] shall be effective on the date of the enactment of this Act

[Aug. 12, 1983]. For purposes of the amendments made by subsection

(a) of this section [amending this section], annuity portions

computed under subsections (b) and (d) of section 3 of the Railroad

Retirement Act of 1974 [subsecs. (b) and (d) of this section] as in

effect before October 1, 1981, shall be treated as having been

computed under subsection (b) of such section as in effect after

that date."

Section 107(c) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section] shall become effective

on January 1, 1985."

Section 404(c) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section] shall be effective

October 1, 1983, and shall apply with respect to annuities awarded

on or after that date."

Section 405(b) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section] shall be effective

October 1, 1981."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 1118(a), (d) of Pub. L. 97-35 effective on

the later of Oct. 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 of Title 26, Internal Revenue Code, and applicable only

with respect to annuities awarded on or after such date, amendment

by section 1118(b), (g) of Pub. L. 97-35 effective Oct. 1, 1981,

amendment by section 1118(c)(2) of Pub. L. 97-35 effective Jan. 1,

1975, amendment by section 1118(e)(3) of Pub. L. 97-35 effective

Aug. 31, 1981, amendment by section 1118(h)(2) of Pub. L. 97-35

effective Jan. 1, 1982, and amendment by other provisions of

section 1118 of Pub. L. 97-35 effective Oct. 1, 1981 and applicable

only with respect to annuities awarded on or after Oct. 1, 1981,

see section 1129 of Pub. L. 97-35, set out as a note under section

231 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 3 of Pub. L. 96-582 provided that: "The provisions of

this Act [amending this section] shall take effect on the date of

the enactment of this Act [Dec. 23, 1980]."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 358(b) of Pub. L. 95-216 provided that: "The amendments

made by this section [amending this section] shall be effective

January 1, 1978."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 231, 231a, 231c, 231d,

231e, 231f, 231m, 231n, 231r, 231u of this title; title 2 section

905; title 7 section 2014; title 26 sections 72, 86, 3231, 6050F;

title 42 sections 405, 410, 1395r.

-FOOTNOTE-

(!1) So in original. Probably should be "determining".

-End-

-CITE-

45 USC Sec. 231c 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231c. Computation of spouse and survivor annuities

-STATUTE-

(a) Amount of spouses' annuities; age

(1) The annuity of a spouse or divorced wife of an individual

under section 231a(c) of this title shall be in an amount equal to

the amount (before any reduction on account of age and before any

deductions on account of work) of the wife's insurance benefit or

the husband's insurance benefit to which such spouse or divorced

wife would have been entitled under the Social Security Act [42

U.S.C. 301 et seq.] if such individual's service as an employee

after December 31, 1936, had been included in the term "employment"

as defined in that Act.

(2) For purposes of this subsection, a spouse entitled to an

annuity under section 231a(c)(1)(ii)(B) of this title shall be

deemed to have attained retirement age (as defined in section

216(l) of the Social Security Act [42 U.S.C. 416(l)] (!1).

(3) If a spouse entitled to an annuity under section

231a(c)(1)(ii)(A), section 231a(c)(1)(ii)(C), or section 231a(c)(2)

of this title or a divorced spouse entitled to an annuity under

section 231a(c)(4) of this title on the basis of the employment

record of an employee who will have completed less than 10 years of

service is entitled to a benefit under section 202(a), section

202(b), or section 202(c) of the Social Security Act [42 U.S.C.

402(a), (b), (c)] which began to accrue before the annuity under

section 231a(c)(1)(ii)(A), section 231a(c)(1)(ii)(C), section

231a(c)(2), or section 231a(c)(4) of this title, the annuity amount

provided under this subsection shall be computed as though the

annuity under this subchapter began to accrue on the later of (A)

the date on which the benefit under section 202(a), section 202(b),

or section 202(c) of the Social Security Act began or (B) the first

date on which the annuitant met the conditions for entitlement to

an age reduced annuity under this subchapter other than the

conditions set forth in sections 231a(e)(1) and 231a(e)(2) of this

title and the requirement that an application be filed.

(b) Increases in spouses' annuities in accordance with section

231b(b), (c), (d) of this title

The amount of the annuity of a spouse of an individual provided

under subsection (a) of this section shall be increased by an

amount equal to 45 per centum of that portion of the individual's

annuity as is computed under subsection (b) of section 231b of this

title: Provided, however, That if the spouse is entitled to an

annuity amount provided by subsection (e)(1) or (e)(2) of this

section, the amount of such spouse's annuity provided by the

preceding provisions of this subsection shall be reduced by the

amount by which the amount computed in accordance with the

provisions of clause (C) of subsection (e)(1) or (e)(2) of this

section was increased by the Social Security Amendments of 1965,

1967, and 1969, disregarding (A) the amount of any such increase

resulting from the Social Security Amendments of 1967 equal to, or

less than, the excess of $5 over 5.8 per centum of the lesser of

(i) the amount computed under clause (C) of subsection (e)(1) or

(e)(2) of this section before any increases derived from

legislation enacted after the Social Security Amendments of 1967 or

(ii) the amount of the spouse's annuity to which such spouse would

have been entitled under section 2(e) of the Railroad Retirement

Act of 1937 [45 U.S.C. 228b(e)], without regard to section 3(a)(2)

of that Act [45 U.S.C. 228c(a)(2)] or to increases derived from

legislation enacted after 1968 and before any reduction on account

of age, on the basis of the individual's compensation and years of

service prior to January 1, 1975, and (B) the amount of any such

increase resulting from the Social Security Amendments of 1969

equal to, or less than, $5: Provided further, That if the spouse is

entitled to an annuity under section 231a(a)(1) of this title, the

amount of the annuity of such spouse under this subsection

shall,(!2) be increased by an amount equal to the amount by which

the amount of the annuity of such spouse provided under subsection

(a) of this section was reduced by reason of the provisions of

subsection (i)(2) of this section (disregarding, for this purpose,

any increase in such reduction which becomes effective after the

later of the date such spouse's annuity under section 231a(c) of

this title began to accrue or the date such spouse's annuity under

section 231a(a)(1) of this title began to accrue). The Board shall

have the authority to approximate the amount of any reduction

prescribed by the first proviso of this subsection.

115 Stat. 882

(d) Increases in spouses' annuities in accordance with section

231b(g) of this title

(1) That portion of the annuity of the spouse of an individual as

is determined under subsection (b) and (c) of this section shall be

increased by the same percentage, or percentages, as the

individual's annuity is, or has been, increased pursuant to the

provisions of section 231b(g)(1) of this title.

(2) That portion of the annuity of the spouse of an individual as

is determined under subsection (b) of this section prior to any

determination under subsection (c) of this subsection (!3) shall,

if the annuity of such spouse is not subject to reduction under

subdivision (3) of this subsection, be reduced by an amount equal

to 50 per centum of the dollar amount by which the annuity of the

individual was reduced under section 231b(g)(2) of this title. In

no case shall the reduction by reason of this paragraph operate to

reduce such portion to an amount less than $10.

(3) The first and, if necessary, the following time or times

after January 1, 1983, that monthly insurance benefits under

section 202 of the Social Security Act [42 U.S.C. 402] are

increased, that portion of the annuity of the spouse of an

individual as is determined under subsections (b), (c), and (d)(1)

of this section shall, if such spouse's annuity under section

231a(c) of this title began to accrue in or before the year in

which such first increase under the Social Security Act [42 U.S.C.

301 et seq.] became effective, be reduced by the dollar amount by

which that portion of the annuity provided such spouse under

subsection (a) of this section was increased, after any reduction

under subsection (i) of this section, as a result of such increase

or increases under the Social Security Act until the total dollar

amount of such reduction or reductions equals 5 per centum of the

annuity amount provided such spouse under subsection (a) of this

section, as reduced under subsection (i) of this section, prior to

such first increase. In no case shall the reduction by reason of

this paragraph operate to reduce such portion to an amount less

than $10.

(e) Increases in particular spouses' annuities

(1) The amount of the annuity of the spouse of an individual

determined under subsections (a) and (b) of this section, if (A)

such individual will have (i) rendered service as an employee to an

employer, or as an employee representative, during the calendar

year 1974, or (ii) had a current connection with the railroad

industry on December 31, 1974, or at the time his annuity under

section 231a(a)(1) of this title began to accrue, or (iii)

completed twenty-five years of service prior to January 1, 1975,

and (B) such individual will have completed ten years of service

prior to January 1, 1975, and such spouse will have been

permanently insured under the Social Security Act [42 U.S.C. 301 et

seq.] on December 31, 1974, shall be increased by an amount equal

to the smaller of (C) the primary insurance amount to which such

spouse would have been entitled, upon attaining age 65, under the

provisions of the Social Security Act as in effect on December 31,

1974, on the basis of her or his wages and self-employment income

derived from employment and self-employment under that Act prior to

January 1, 1975, or (D) the wife's or husband's insurance benefit

to which such spouse would have been entitled, upon attaining age

65, under the provisions of the Social Security Act as in effect on

December 31, 1974, if such individual's service as an employee

after December 31, 1936, and prior to January 1, 1975, were

included in the term "employment" as defined in that Act, if such

individual had no wages or self-employment income under the Act

other than wages derived from such service as an employee, and if

such spouse were entitled to no other benefit under that Act:

Provided, however, That the increase under the provisions of this

subdivision shall not be less than 50 per centum of the portion of

the annuity, if any, of such individual determined under the

provisions of section 231b(h)(1) of this title prior to any

increases under the provisions of section 231b(h)(5) of this title.

(2) The amount of the annuity of the spouse of an individual

determined under subsections (a) and (b) of this section, if (A)

such individual will not have met the conditions set forth in

subclause (i), (ii), or (iii) of clause (A) of subdivision (1) of

this subsection, but (B) such individual will have completed ten

years of service prior to January 1, 1975, and such spouse will

have been permanently insured under the Social Security Act [42

U.S.C. 301 et seq.] as of December 31 of the calendar year prior to

1975 in which such individual last rendered service as an employee,

shall be increased by an amount equal to the smaller of (C) the

primary insurance amount to which such spouse would have been

entitled, upon attaining age 65,under the provisions of the Social

Security Act as in effect on December 31, 1974, on the basis of his

or her wages and self-employment income derived from employment and

self-employment under that Act as of December 31 of the calendar

year prior to 1975 in which such individual last rendered service

as an employee or (D) the wife's or husband's insurance benefit to

which such spouse would have been entitled, upon attaining age 65,

under the provisions of the Social Security Act as in effect on

December 31, 1974, if such individual's service as an employee

after December 31, 1936, and prior to January 1, 1975, were

included in the term "employment" as defined in that Act, if such

individual had no wages or self-employment income under that Act

other than wages derived from such service as an employee, and if

such spouse were entitled to no other benefit under that Act:

Provided, however, That the increase under the provisions of this

subdivision shall not be less than 50 per centum of the portion of

the annuity, if any, of such individual determined under the

provisions of section 231b(h)(2) of this title prior to any

increases under the provisions of section 231b(h)(5) of this title.

(3) The amount of the annuity of the spouse of an individual

determined under subsections (a) and (b) of this section, if (A)

such individual is entitled to an amount determined under the

provisions of section 231b(h)(1) or 231b(h)(2) of this title and

(B) such spouse is not entitled to an amount determined under the

provisions of subdivision (1) or (2) of this subsection, shall be

increased by an amount equal to 50 per centum of the portion of the

annuity of such individual determined under the provisions of

section 231b(h)(1) or 231b(h)(2) of this title prior to any

increases under the provisions of section 231b(h)(5) of this title.

(4) The amount determined under the provisions of subdivision

(1), (2), or (3) of this subsection shall be increased by the same

percentage or percentages, as wife's and husband's insurance

benefits under section 202 of the Social Security Act [42 U.S.C.

402] are increased, or would have been increased had there been no

general benefit increases under the Social Security Act [42 U.S.C.

301 et seq.], pursuant to the automatic cost-of-living provisions

of section 215(i) of that Act [42 U.S.C. 415(i)], during the period

from January 1, 1975, to the earlier of the date on which the

individual's annuity under section 231a(a)(1) of this title began

to accrue or January 1, 1982.

(5) No amount shall be payable to a person under subdivision (1),

(2), or (3) of this subsection unless the entitlement of such

person to such amount had been determined prior to August 13, 1981.

(f) Amount of survivors' annuities; age; entitlement

(1) The annuity of a survivor of a deceased employee under

section 231a(d) of this title shall be in an amount equal to the

amount (before any deductions on account of work) of the widow's

insurance benefit, widower's insurance benefit, mother's insurance

benefit, parent's insurance benefit, or child's insurance benefit,

whichever is applicable, to which he or she would have been

entitled under the Social Security Act [42 U.S.C. 301 et seq.] if

such deceased employee's service as an employee after December 31,

1936, had been included in the term "employment" as defined in that

Act. In the case of a widow or widower who is entitled to an

annuity under section 231a(d) of this title solely on the basis of

railroad service which was performed prior to January 1, 1937, the

amount provided under this section with respect to any month shall

not be less than the first amount appearing in column IV of the

table appearing in section 215(a) of the Social Security Act [42

U.S.C. 415(a)] as in effect on December 31, 1974, after reduction

in accordance with the provisions of section 202(k) and 202(q) of

that Act [42 U.S.C. 402(k), (q)] in the same manner as would be

applicable to a widow's insurance benefit or widower's insurance

benefit payable under section 202(e) or 202(f) of that Act.

(2) For purposes of this subsection -

(i) a widow or widower or a parent who is entitled to an

annuity based on age under section 231a(d)(1) of this title and

who has not attained age 62 shall be deemed to be age 62:

Provided, however, That the provisions of this paragraph shall

not apply in the case of a widow or widower who was entitled to

an annuity under section 231a(d)(1) of this title on the basis of

disability for the month before the month in which he or she

attained age 60,

(ii) a widow or widower or a child who is entitled to an

annuity under section 231a(d)(1) of this title on the basis of

disability shall be deemed to be entitled to a widow's insurance

benefit, a widower's insurance benefit, or a child's insurance

benefit under the Social Security Act [42 U.S.C. 301 et seq.] on

the basis of disability, and

(iii) The (!4) provisions of paragraphs (i) and (ii) of this

subdivision shall not apply to the annuity of a widow, surviving

divorced wife, or surviving divorced mother who is entitled to

such annuity on the basis of the provisions of section

231a(d)(1)(v) of this title.

(3) The annuity amount provided to a widow or widower under last

sentence of subdivision (1) shall be increased by the same

percentage or percentages as insurance benefits payable under

section 202 of the Social Security Act [42 U.S.C. 402] are

increased after the date on which such annuity begins to accrue.

(g) Increases in survivor's annuities in accordance with subsection

(f)

(1) The amount of the annuity provided under subsection (f)(1) of

this section (other than the last sentence thereof) for a survivor

of a deceased individual shall be increased by an amount equal to

the appropriate one of the following percentages of that portion of

the annuity computed under section 231b(b) of this title, before

any reduction on account of age and without regard to any reduction

under section 231b(g)(2) of this title, to which such deceased

individual would have been entitled for the month such survivor's

annuity under section 231a(d) of this title began to accrue if such

individual were living (deeming for this purpose that if such

individual died before becoming entitled to an annuity under

section 231a(a)(1) of this title, such individual became entitled

to an annuity under subdivision (i) of such section 231a(a)(1) of

this title in the month in which such individual died):

(i) In the case of a widow or widower, the increase shall be

equal to 50 per centum of such portion of the deceased

individual's annuity, but the amount of the annuity so determined

shall be subject to reduction on account of age in the same

manner as is applicable to the annuity amount determined for the

widow or widower under subsection (f) of this section and shall

be subject to increase as provided in subdivision (4) of this

subsection.

(ii) In the case of a parent, the increase shall be equal to 35

per centum of such portion of the deceased individual's annuity.

(iii) In the case of a child, the increase shall be equal to 15

per centum of such portion of the deceased individual's annuity.

(2) Whenever the total amount of the increases based on the

deceased individual's portion of the annuity under section 231b(b)

of this title as determined under subdivision (1) of this

subsection for all survivors of a deceased employee is -

(i) less than an amount equal to 35 per centum of such portion

of the deceased individual's annuity, the total increase shall,

before any deductions under section 231a(g) of this title, be

increased proportionately until the total increase is equal to 35

per centum of such portion of the deceased individual's annuity;

(ii) more than an amount equal to 80 per centum of such portion

of the deceased individual's annuity, the total increase shall,

before any deductions under section 231a(g) of this title and

before any reduction on account of age, be reduced

proportionately until the total increase is equal to 80 per

centum of such portion of the deceased individual's annuity.

(3) An annuity determined under this subsection for a month prior

to the month in which application is filed, shall be reduced to any

extent that may be necessary so that it will not render erroneous

any annuity which, before the filing of such application, the Board

has certified for payment for such prior month.

(4) If a widow or widower of a deceased employee is entitled to

an annuity under section 231a(a)(1) of this title and if either

such widow or widower or such deceased employee will have completed

10 years of service prior to January 1, 1975, the amount of the

annuity of such widow or widower under subdivisions (1) through (3)

of this subsection shall be increased by an amount equal to the

amount, if any, by which (A) the widow's or widower's insurance

annuity to which such widow or widower would have been entitled,

upon attaining age 65, under section 5(a) of the Railroad

Retirement Act of 1937 [45 U.S.C. 228e(a)] as in effect on December

31, 1974 (without regard to the proviso of that section or the

first proviso of section 3(e) of that Act [45 U.S.C. 228c(e)] on

the basis of the deceased employee's remuneration and service prior

to January 1, 1975, increased by the same percentage, or

percentages, as widow's and widower's insurance benefits under

section 202 of the Social Security Act [42 U.S.C. 402] are

increased during the period from January 1, 1975, to the later of

the date on which such widow's or widower's annuity under section

231a(a)(1) of this title began to accrue or the date on which such

widow's or widower's annuity under section 231a(d)(1) of this title

began to accrue, exceeds (B) the total of the annuity amounts to

which such widow or widower was entitled (after any reductions

pursuant to subsection (i)(2) of this section but before any

deductions on account of work) under the preceding provisions of

this subsection, subsection (f) of this section, and the amount

determined under subsection (h) of this section, before the

proviso, as of the later of the date on which such widow's or

widower's annuity under section 231a(a)(1) of this title began to

accrue or the date on which such widow's or widower's annuity under

section 231a(d)(1) of this title began to accrue. If a widow or

widower of a deceased employee is not entitled to an annuity under

section 231a(a)(1) of this title or to an old-age insurance benefit

or a disability insurance benefit under the Social Security Act [42

U.S.C. 301 et seq.], the amount of the annuity to which such widow

or widower is entitled under this subsection shall not be less than

an amount which would cause the total of the annuity amounts to

which such widow or widower is entitled (before any deductions on

account of work) under this subsection and subsection (f)(1) of

this section to equal the total of the annuity amounts to which

such widow or widower was entitled (or would have been entitled

except for the provisions of sections 231a(e) and 231a(f) of this

title) as a spouse under subsections (a), (b), and (e) of this

section (after any reduction on account of age) in the month

preceding the employee's death. If a widow or widower of a deceased

employee is entitled to an annuity under section 231a(a)(1) of this

title or to an old-age insurance benefit or a disability insurance

benefit under the Social Security Act, the amount of the annuity to

which such widow or widower is entitled under this subsection shall

not be less than an amount which would cause (A) the total of the

annuity amounts to which such widow or widower is entitled (after

any reductions pursuant to section 202(k) or 202(q) of the Social

Security Act or subsection (i)(2) of this section but before any

deductions on account of work) under this subsection and subsection

(f) of this section to equal (B)(i) the total of the annuity

amounts, if any, to which such widow or widower was entitled (or

would have been entitled except for the provisions of sections

231a(e) and 231a(f) of this title) as a spouse under subsections

(a), (b), and (e) of this section (after any reduction on account

of age) in the month preceding the employee's death less (ii), if

such widow or widower is entitled to an old-age insurance benefit

or a disability insurance benefit under the Social Security Act but

was not entitled to such a benefit in the month preceding the

employee's death, the amount by which the annuity amount payable

under subsection (a) of this section to such widow or widower as a

spouse in the month preceding the employee's death would have been

reduced by reason of section 202(k) or 202(q) of the Social

Security Act if such widow or widower had been entitled to an

old-age insurance benefit or a disability insurance benefit under

the Social Security Act in the month preceding the employee's death

in an amount equal to the amount of such benefit at the time such

benefit first began to accrue to such widow or widower.

(5) This subsection shall not apply to the annuity of a widow,

surviving divorced wife, or surviving divorced mother who is

entitled to such annuity on the basis of the provisions of section

231a(d)(1)(v) of this title.

(6) That portion of the annuity of a survivor of an individual

determined under subdivisions (1) and (2) of this subsection shall

be increased whenever, and by the same percentage or percentages

as, the annuity of the individual would have been increased

pursuant to section 231b(g)(1) of this title if such individual

were still living.

(7) The first and, if necessary, the following time or times

after January 1, 1983, that monthly insurance benefits under

section 202 of the Social Security Act [42 U.S.C. 402] are

increased, that portion of the annuity of a survivor of a deceased

individual as is determined under subdivisions (1) and (2) of this

subsection, or under this subsection as in effect before amendment

by section 1119(g) of Public Law 97-35, shall, if such survivor's

annuity under section 231a(d) of this title began to accrue before

the effective date of such first increase under the Social Security

Act [42 U.S.C. 301 et seq.], be reduced by the dollar amount by

which that portion of the annuity provided such survivor under

subsection (f) of this section was increased, after any reduction

under subsection (i) of this section, as a result of such increase

or increases under the Social Security Act until the total dollar

amount of such reduction or reductions equals 5 per centum of the

annuity amount provided such survivor under subsection (f) of this

section, as reduced under subsection (i) of this section, prior to

such first increase. In no case shall the reduction by reason of

this paragraph operate to reduce such portion to an amount less

than $10.

(8) That portion of the annuity of a survivor of a deceased

individual as is determined under subdivisions (1) and (2) of this

subsection shall, if the annuity of such survivor is not subject to

reduction under subdivision (7) of this subsection, be reduced by

an amount equal to the dollar amount by which the annuity of the

deceased individual was reduced under section 231b(g)(2) of this

title or would have been reduced under such section 231b(g)(2) of

this title if such deceased individual had been living at the time

such survivor's annuity under section 231a(d) of this title began

to accrue (deeming for this purpose, if such individual died before

becoming entitled to an annuity under section 231a(a)(1) of this

title, that such individual became entitled to an annuity under

paragraph (i) of such section 231a(a)(1) of this title in the month

in which such individual died). In a case where the survivor of a

deceased individual is not entitled to a monthly insurance benefit

under the Social Security Act [42 U.S.C. 301 et seq.], the

reduction provided by the preceding sentence of this subdivision

shall be equal to the dollar amount by which the annuity of the

deceased individual would have been reduced under section

231b(g)(2) of this title if the annuity of such deceased individual

had not been subject to reduction under section 231b(m) of this

title. In no case shall the reduction by reason of this paragraph

operate to reduce such portion to an amount less than $10.

(9) That portion of the annuity of a survivor of a deceased

individual as is determined under this subsection as in effect

before amendment by section 1119(g) of Public Law 97-35 shall, if

the annuity of such survivor is not subject to reduction under

subdivision (7) of this subsection, be reduced by an amount equal

to the dollar amount by which the annuity of the deceased

individual was reduced under section 231b(g)(2) of this title or,

if such survivor is not entitled to a monthly insurance benefit

under the Social Security Act [42 U.S.C. 301 et seq.], would have

been reduced under such section 231b(g)(2) of this title if the

annuity of such deceased individual had not been subject to

reduction under section 231b(m) of this title. In no case shall the

reduction by reason of this paragraph operate to reduce such

portion to an amount less than $10.

(10)(i) If for any month the unreduced annuity provided under

this section for a widow or widower is less than the widow's or

widower's initial minimum amount computed pursuant to paragraph

(ii) of this subdivision, the unreduced annuity shall be increased

to that initial minimum amount. For the purposes of this

subdivision, the unreduced annuity is the annuity without regard to

any deduction on account of work, without regard to any reduction

for entitlement to an annuity under section 231a(a)(1) of this

title, without regard to any reduction for entitlement to a benefit

under title II of the Social Security Act [42 U.S.C. 401 et seq.],

and without regard to any reduction for entitlement to a public

service pension pursuant to section 202(e)(7), 202(f)(2), or

202(g)(4) of the Social Security Act [42 U.S.C. 402(e)(7), (f)(2),

(g)(4)].

(ii) For the purposes of this subdivision, the widow or widower's

initial minimum amount is the amount of the unreduced annuity

computed at the time an annuity is awarded to that widow or

widower, except that -

(A) in subsection (g)(1)(i) of this section "100 per centum"

shall be substituted for "50 per centum"; and

(B) in subsection (g)(2)(ii) of this section "130 per centum"

shall be substituted for "80 per centum" both places it appears.

(iii) If a widow or widower who was previously entitled to a

widow's or widower's annuity under section 231a(d)(1)(ii) of this

title becomes entitled to a widow's or widower's annuity under

section 231a(d)(1)(i) of this title, a new initial minimum amount

shall be computed at the time of award of the widow's or widower's

annuity under section 231a(d)(1)(i) of this title.

(h) Increases in particular widows' and widowers' annuities

(1) The amount of the annuity of the widow or widower of a

deceased employee determined under subsections (f) and (g) of this

section, if such deceased employee will have completed ten years of

service prior to January 1, 1975, and such widow or widower will

have been permanently insured under the Social Security Act [42

U.S.C. 301 et seq.] of (!5) December 31, 1974, shall be increased

by an amount equal to the amount, if any, by which (A) the widow's

or widower's insurance annuity to which such widow or widower would

have been entitled, upon attaining age 65, under section 5(a) of

the Railroad Retirement Act of 1937 [45 U.S.C. 228e(a)] as in

effect on December 31, 1974 (without regard to the proviso of that

section or the first proviso of section 3(e) of that Act [45 U.S.C.

228c(e)]), on the basis of the deceased employee's remuneration and

service prior to January 1, 1975, increased by the same percentage,

or percentages, as widow's and widower's insurance benefits under

section 202 of the Social Security Act [42 U.S.C. 402] are

increased during the period from January 1, 1975, to January 1,

1982 or, if earlier, to the later of the date on which such widow's

or widower's annuity under section 231a(d)(1) of this title began

to accrue or the date beginning the first month for which such

widow or widower is entitled to an old age insurance benefit or

disability insurance benefit under the Social Security Act, exceeds

(B) the total of the annuity amounts to which such widow or widower

was entitled (after any reductions pursuant to section 202(k) or

202(q) of the Social Security Act and subsection (i)(2) of this

section but before any deductions on account of work) under

subsections (f) and (g) of this section as to the later of the date

on which such widow's or widower's annuity under section 231a(d)(1)

of this title began to accrue or the date beginning the first month

for which such widow or widower is entitled to an old-age insurance

benefit or disability insurance benefit under the Social Security

Act: Provided, however, That, if a widow or widower was entitled

(or would have been entitled except for the provisions of section

231a(e) or 231a(f) of this title) to an annuity amount under

subdivision (1) or (2) of subsection (e) of this section in the

month preceding the employee's death, the amount of the annuity to

which such widow or widower is entitled under this subsection shall

not be less than an amount which would cause (A) the total of the

annuity amounts to which such widow or widower is entitled (after

any reductions pursuant to section 202(k) or 202(q) of the Social

Security Act but before any deductions on account of work) under

subsections (f) and (g) of this section and the preceding

provisions of this subsection as of the date such widow's or

widower's annuity under section 231a(d)(1) of this title began to

accrue to equal (B) the total of the annuity amounts to which such

widow or widower was entitled (or would have been entitled except

for the provisions of section 231a(e) or 231a(f) of this title) as

a spouse under subsections (a), (b), and (e) of this section (after

any reductions on account of age) in the month preceding the

employee's death.

(2) Subdivision (1) of this subsection shall not apply to the

annuity of a widow, surviving divorced wife, or surviving divorced

mother who is entitled to such annuity on the basis of the

provisions of section 231a(d)(1)(v) of this title. No amount shall

be payable to a person under subdivision (1) of this subsection

unless the entitlement of such person to such amount had been

determined prior to August 13, 1981.

(i) Reductions in survivors' annuities

(1) The annuity of any spouse or divorced wife under subsection

(a) of this section for any month shall, after a reduction pursuant

to section 231a(c)(2) of this title be reduced, but not below zero,

by the amount of any insurance benefit (before any deduction on

account of work) payable to such spouse or divorced wife for that

month under title II of the Social Security Act [42 U.S.C. 401 et

seq.].

(2) If a spouse or divorced wife entitled to an annuity under

section 231a(c) of this title or a survivor entitled to an annuity

under section 231a(d) of this title for any month is also entitled

to an annuity under section 231a(a)(1) of this title for such

month, the annuity amount of such spouse or divorced wife

determined under subsection (a) of this section or of such survivor

under subsection (f) of this section shall, after any reduction

pursuant to subdivision (1) of this subsection, be reduced by the

amount of the annuity of such spouse or divorced wife or such

survivor determined under section 231b(a) of this title.

(3) The annuity of any survivor under subsection (f) of this

section shall be reduced, but not below zero, by the amount of any

insurance benefit (before any deduction on account of work) payable

to such survivor under title II of the Social Security Act [42

U.S.C. 401 et seq.], unless in computing the amount under

subsection (f) of this section a reduction was made for such

insurance benefit pursuant to section 202(k) of the Social Security

Act [42 U.S.C. 402(k)].

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 4, 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. 1327; amended Pub. L. 94-547, Sec.

2(a), (b), Oct. 18, 1976, 90 Stat. 2524; Pub. L. 97-35, title XI,

Sec. 1119, Aug. 13, 1981, 95 Stat. 632; Pub. L. 98-76, title I,

Secs. 101(b), 102(b), (c), 106(h), title IV, Secs. 406(a), 407(a),

Aug. 12, 1983, 97 Stat. 411, 413, 414, 418, 435; Pub. L. 107-90,

title I, Secs. 101(a), 102(b), (c), 103(e), 104(b), Dec. 21, 2001,

115 Stat. 878, 879, 881, 882.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (a)(1), (d)(3),

(e)(1), (2), (4), (f)(1), (2)(ii), (g)(4), (7) to (10), (h)(1), and

(i)(1), (3), 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. Title II of the

Act is classified generally to subchapter II (Sec. 401 et seq.) of

chapter 7 of Title 42. For complete classification of this Act to

the Code, see section 1305 of Title 42 and Tables.

The Social Security Amendments of 1965, referred to in subsec.

(b), is Pub. L. 89-97, July 30, 1965, 79 Stat. 286, as amended. For

complete classification of this Act to the Code, see Short Title of

1965 Amendment note set out under section 1305 of Title 42 and

Tables.

The Social Security Amendments of 1967, referred to in subsec.

(b), is Pub. L. 90-248, Jan. 2, 1968, 81 Stat. 821, as amended. For

complete classification of this Act to the Code, see Short Title of

1968 Amendment note set out under section 1305 of Title 42 and

Tables.

The Social Security Amendments of 1969, referred to in subsec.

(b), is title X of Pub. L. 91-172, Dec. 30, 1969, 83 Stat. 737, as

amended, which amended sections 401, 402, 403, 415, 427, and 428 of

Title 42, and enacted provisions set out as notes under sections

401, 402, 403, 415, and 427 of Title 42. For complete

classification of this Act to the Code, see Short Title of 1969

Amendment note set out under section 1305 of Title 42 and Tables.

Sections 2, 3, and 5 of the Railroad Retirement Act of 1937,

referred to in subsecs. (b), (g)(4), and (h)(1), which were

classified to sections 228b, 228c, and 228e of this title, have

been omitted from the Code.

Section 1119(g) of Public Law 97-35, referred to in subsec.

(g)(7), (9), amended subsec. (g) of this section generally. See

1981 Amendment note below.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-90, Sec. 102(b), substituted

"a spouse entitled to an annuity under section 231a(c)(1)(ii)(B) of

this title" for "if an individual is entitled to an annuity under

paragraph (ii) of section 231a(a)(1) of this title which did not

begin to accrue before such individual attained age 62, the spouse

of such individual entitled to annuity under clause (B) of

paragraph (ii) of section 231a(c)(1) of this title".

Subsec. (a)(3). Pub. L. 107-90, Sec. 103(e), added par. (3).

Pub. L. 107-90, Sec. 102(c), struck out par. (3) which read as

follows: "In the case of an individual entitled to an annuity under

section 231a(a)(1)(ii) of this title which began to accrue before

such individual attained age 62, the annuity of the spouse of such

individual under section 231a(c) of this title shall, in lieu of an

annuity amount provided under subdivision (1), be in an amount

equal to -

"(i) for each month prior to the first month throughout which

both the individual and the spouse are age 62, 50 per centum of

that portion of the individual's annuity as is, or was prior to

such individual's attaining age 62, computed under section

231b(a)(3)(i) of this title, reduced to the same extent such

amount would be reduced under section 202(b)(4) of the Social

Security Act (in the case of a wife) or under section 202(c)(2)

of the Social Security Act (in the case of a husband) as if such

amount were a wife's insurance benefit or a husband's insurance

benefit, respectively, under such Act; and

"(ii) for months beginning with the first month throughout

which both the individual and the spouse are age 62, the amount

(after any reduction on account of age based on the spouse's age

at the time the amount under this paragraph first becomes payable

but before any deductions on account of work) of the wife's

insurance benefit or the husband's insurance benefit to which

such spouse would have been entitled under the Social Security

Act if the individual's service as an employee after December 31,

1936, had been included in the term 'employment' as defined in

that Act."

Subsec. (a)(4). Pub. L. 107-90, Sec. 102(c), struck out par. (4)

which read as follows: "In the case of an individual entitled to an

annuity under paragraph (iv) or (v) of section 231a(a)(1) of this

title, the annuity of the spouse of such individual entitled to an

annuity under section 231a(c)(1)(ii)(B) of this title shall, in

lieu of an annuity amount provided under subdivision (1), be in an

amount equal to the amount (after any reduction on account of age

but before any deductions on account of work) of the wife's

insurance benefit or the husband's insurance benefit to which such

spouse would have been entitled under the Social Security Act if

the individual's service as an employee after December 31, 1936,

had been included in the term 'employment' as defined in that Act.

For purposes of this subdivision, spouses who have not attained age

62 shall be deemed to have attained age 62."

Subsec. (c). Pub. L. 107-90, Sec. 104(b), struck out subsec. (c)

which read as follows: "If (A) the total amount of the annuity of a

spouse of an individual as computed under the preceding subsections

of this section as of the date on which the annuity of such

individual under section 231a(a)(1) of this title began to accrue

(before any reduction due to such spouse's entitlement to a monthly

insurance benefit under the Social Security Act) plus (B) the total

amount of the annuity and supplemental annuity of the individual

(before any reduction due to such individual's entitlement to a

monthly insurance benefit under the Social Security Act) subject to

the provisions of section 231b(f)(1) of this title would, before

any reductions in the amounts specified in clauses (A) and (B) on

account of age and disregarding any increases in such amounts which

become effective after the date on which the individual's annuity

under section 231a(a)(1) of this title began to accrue, exceed the

amount determined under clauses (A) and (B) of section 231b(f)(1)

of this title, the portion of the annuity of such spouse determined

under subsection (b) of this section as of the date on which the

individual's annuity under section 231a(a)(1) of this title began

to accrue shall be reduced until the sum of the amounts specified

in clauses (A) and (B) of this subsection equals the amount

determined under clauses (A) and (B) of section 231b(f)(1) of this

title or until such amount under subsection (b) of this section is

reduced to zero, whichever occurs first. If, after such amount

under subsection (b) of this section is reduced to zero, the sum of

the remaining amounts specified in clauses (A) and (B) of this

subsection still exceeds the amount determined under clauses (A)

and (B) of section 231b(f)(1) of this title, the supplemental

annuity of the individual first, and then, if necessary, the

annuity amount of the individual computed under subsections (b),

(c), and (d) of section 231b of this title as of the date on which

the individual's annuity under section 231a(a)(1) of this title

began to accrue, shall be reduced until the amounts specified in

clauses (A) and (B) of this subsection equals the amount determined

under clauses (A) and (B) of section 231b(f)(1) of this title or

until such supplemental annuity and such annuity amount are reduced

to zero, whichever occurs first. Notwithstanding the preceding

provisions of this subsection, the provisions of this subsection

shall not operate to reduce the total of the amounts specified in

clauses (A) and (B) of this subsection below $1,200."

Subsec. (g)(10). Pub. L. 107-90, Sec. 101(a), added par. (10).

1983 - Subsec. (a)(2). Pub. L. 98-76, Sec. 106(h), substituted

"retirement age (as defined in section 216(l) of the Social

Security Act" for "age 65".

Pub. L. 98-76, Sec. 101(b)(1), substituted "if an individual is

entitled to an annuity under paragraph (ii) of section 231a(a)(1)

of this title which did not begin to accrue before such individual

attained age 62, the spouse of such individual" for "spouses".

Subsec. (a)(3), (4). Pub. L. 98-76, Sec. 101(b)(2), added pars.

(3) and (4).

Subsec. (d). Pub. L. 98-76, Sec. 102(b), designated existing

provisions as par. (1), substituted "231b(g)(1)" for "231b(g)", and

added pars. (2) and (3).

Subsec. (g)(1). Pub. L. 98-76, Sec. 102(c)(1), inserted "and

without regard to any reduction under section 231b(g)(2) of this

title".

Subsec. (g)(4). Pub. L. 98-76, Sec. 406(a), substituted

"subsections (a), (b), and (e)" for "subsections (a), (b), and

(e)(3)".

Subsec. (g)(6). Pub. L. 98-76, Sec. 102(c)(2), substituted

"231b(g)(1)" for "231b(g)".

Subsec. (g)(7) to (9). Pub. L. 98-76, Sec. 102(c)(3), added pars.

(7) to (9).

Subsec. (i)(3). Pub. L. 98-76, Sec. 407(a), added par. (3).

1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 1119(a), substituted

"spouse or divorced wife" for "spouse" in two places.

Subsec. (b). Pub. L. 97-35, Sec. 1119(b)(1), substituted

"subsection (b)" for "subsections (b), (c) and (d)".

Pub. L. 97-35, Sec. 1119(b)(2), substituted "45 per centum" for

"50 per centum".

Pub. L. 97-35, Sec. 1119(b)(3), struck out third proviso which

provided that if the total of (A) the amount of the spouse's

annuity provided under subsec. (a) of this section (before any

reduction due to such spouse's entitlement to a wife's or husband's

insurance benefit under the Social Security Act), or, in the case

of a spouse entitled to an annuity under section 231a(a)(1) of this

title or to an old-age insurance benefit or a disability insurance

benefit under section 202 or 223 of the Social Security Act, the

amount to which such spouse would be entitled under subsec. (a) of

this section if she or he were not entitled to an annuity under

section 231a(a)(1) of this title or to an old-age insurance benefit

or a disability insurance benefit under section 202 or 223 of the

Social Security Act, plus (B) the amount of her or his annuity

under this subsection would, with respect to any month, before any

reductions on account of age, exceed 110 per centum of an amount

equal to the maximum amount which could be paid to any one, with

respect to such month, as a wife's insurance benefit under section

202(h) of the Social Security Act, the amount of the annuity of

such spouse under this subsection shall be reduced until the total

of such annuity amounts equals 110 per centum of such amount.

Pub. L. 97-35, Sec. 1119(b)(4), struck out reference to third

proviso in second proviso.

Pub. L. 97-35, Sec. 1119(b)(5), inserted "(disregarding, for this

purpose, any increase in such reduction which becomes effective

after the later of the date such spouse's annuity under section

231a(c) of this title began to accrue or the date such spouse's

annuity under section 231a(a)(1) of this title began to accrue)".

Subsec. (c). Pub. L. 97-35, Sec. 1119(c), substituted "spouse's

entitlement to a monthly insurance benefit" for "spouse's

entitlement to a wife's or husband's insurance benefit".

Subsec. (e)(4). Pub. L. 97-35, Sec. 1119(d)(1), substituted "to

the earlier of the date on which the individual's annuity under

section 231a(a)(1) of this title began to accrue or January 1,

1982" for "to the date on which the individual's annuity under

section 231a(a)(1) of this title began to accrue".

Subsec. (e)(5). Pub. L. 97-35, Sec. 1119(d)(2), added subdiv.

(5).

Subsec. (f)(1). Pub. L. 97-35, Sec. 1119(e)(1), inserted

provision that in the case of a widow or widower who is entitled to

an annuity under section 231a(d) of this title solely on the basis

of railroad service which was performed prior to Jan. 1, 1937, the

amount provided under this section with respect to any month shall

not be less than the first amount appearing in column IV of the

table appearing in section 215(a) of the Social Security Act as in

effect on December 31, 1974, after reduction in accordance with the

provisions of section 202(k) and 202(q) of that Act in the same

manner as would be applicable to a widow's insurance benefit or

widower's insurance benefit payable under section 202(e) or 202(f)

of that Act.

Subsec. (f)(2)(iii). Pub. L. 97-35, Sec. 1119(f), added par.

(iii).

Subsec. (f)(3). Pub. L. 97-35, Sec. 1119(e)(2), added subdiv.

(3).

Subsec. (g). Pub. L. 97-35, Sec. 1119(g), revised windfall

component in computation of survivor annuity benefits and

substituted provisions fixing windfall component equal to 50 per

centum of employee's windfall component which would be payable to

employee if he were living, 15 per centum for children, parents 35

per centum, with family minimum of 35 per centum and family maximum

of 80 per centum, for provisions fixing such component equal to 30

per centum of the social security level widow's or widower's

annuity which would be payable to such survivor if railroad service

were covered by the Social Security Act, and clarified that

divorced wives, remarried widows, and surviving divorced mothers do

not receive a windfall amount.

Subsec. (h). Pub. L. 97-35, Sec. 1119(h)(1), (4), designated

existing provisions as subdiv. (1) and added subdiv. (2).

Subsec. (h)(1). Pub. L. 97-35, Sec. 1119(h)(2), substituted

"during the period from January 1, 1975, to January 1, 1982 or, if

earlier, to" for "during the period from January 1, 1975".

Pub. L. 97-35, Sec. 1119(h)(3), substituted "pursuant to section

202(k) or 202(q) of the Social Security Act and subsection (i)(2)

of this section" for "pursuant to section 202(k) or 202(q) of the

Social Security Act".

Subsec. (i)(1). Pub. L. 97-35, Sec. 1119(i)(1), substituted

"spouse or divorced wife" for "spouse" in two places.

Pub. L. 97-35, Sec. 1119(i)(2), inserted ", after a reduction

pursuant to section 231a(c)(2) of this title" after "for any month

shall".

Pub. L. 97-35, Sec. 1119(i)(3), struck out "wife's or husband's"

before "insurance benefit".

Pub. L. 97-35, Sec. 1119(i)(4), inserted "(before any deduction

on account of work)" after "insurance benefit".

Subsec. (i)(2). Pub. L. 97-35, Sec. 1119(i)(1), substituted

"spouse or divorced wife" for "spouse" in three places.

1976 - Subsec. (g). Pub. L. 94-547, Sec. 2(a), inserted

references to spouses under subsection (e)(3) of this section in

two places and inserted proviso that if a widow or widower of a

deceased employee is entitled to an annuity under section

231a(a)(1) of this title and if either such widow or widower of

such deceased employee completed ten years of service prior to Jan.

1, 1975, the amount of the annuity of such widow or widower under

the preceding provisions of this subsection would be increased by

an amount equal to the amount, if any, by which (A) the widow's or

widower's insurance annuity to which such widow or widower would

have been entitled, upon attaining age 65, under section 5(a) of

the Railroad Retirement Act of 1937 as in effect on Dec. 31, 1974

(without regard to the proviso of that section or the first proviso

of section 3(e) of that Act), on the basis of the deceased

employee's remuneration and service prior to Jan. 1, 1975,

increased by the same percentage, or percentages, as widow's and

widower's insurance benefits under section 202 of the Social

Security Act are increased during the period from Jan. 1, 1975, to

the later of the date on which such widow's or widower's annuity

under section 231a(a)(1) of this title began to accrue or the date

on which such widow's or widower's annuity under section 231a(d)(1)

of this title began to accrue, exceeds (B) the total of the annuity

amounts to which the widow or widower was entitled (after any

reductions pursuant to subsection (i)(2) of this section but before

any deductions on account of work) under subsec. (f) of the section

and the preceding provisions of this subsection as of the later of

the date on which such widow's or widower's annuity under section

231a(a)(1) of this title began to accrue or the date on which such

widow's or widower's annuity under section 231a(d)(1) of this title

began to accrue.

Subsec. (h). Pub. L. 94-547, Sec. 2(b), revised the benefit

formula by providing that the additional benefit amount for the

widows and widowers in question be equal to the difference between

(A) the amount of the widow's or widower's insurance annuity which

would have been payable under the 1937 Act railroad retirement

formula on the basis of the deceased employee's remuneration and

service prior to 1975, with this amount being increased by the

percentages of benefit increases occurring during the period from

Jan. 1, 1975, to the date on which the widow's or widower's

survivor annuity or social security benefit, whichever is awarded

latest, begins, and (B) the total amount of the two survivor

annuity components payable to the widow or widower under this

subchapter, after reduction due to the receipt of a social security

benefit, as of the time the widow's or widower's survivor annuity

or social security benefit, whichever is awarded latest, begins,

with a proviso to assure that, where the widow or widower had been

receiving a "windfall" dual benefit as a spouse under this

subchapter, the total annuity amounts, including dual benefit

amounts, payable to that widow or widower will not be less than the

annuity amounts, again including dual benefit amounts, which the

widow or widower received as a spouse in the month preceding the

employee's death.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-90, title I, Sec. 101(b), Dec. 21, 2001, 115 Stat.

879, provided that:

"(1) In general. - The amendment made by this section [amending

this section] shall take effect on the first day of the first month

that begins more than 30 days after enactment [Dec. 21, 2001], and

shall apply to annuity amounts accruing for months after the

effective date in the case of annuities awarded -

"(A) on or after that date; and

"(B) before that date, but only if the annuity amount under

section 4(g) of the Railroad Retirement Act of 1974 (45 U.S.C.

231c(g)) was computed under such section, as amended by the

Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 95

Stat. 357).

"(2) Special rule for annuities awarded before the effective

date. - In applying the amendment made by this section to annuities

awarded before the effective date, the calculation of the initial

minimum amount under new section 4(g)(10)(ii) of the Railroad

Retirement Act of 1974 (45 U.S.C. 231c(g)(10)(ii)), as added by

subsection (a), shall be made as of the date of the award of the

widow's or widower's annuity."

Pub. L. 107-90, title I, Sec. 102(d), Dec. 21, 2001, 115 Stat.

879, provided that:

"(1) Generally. - Except as provided in paragraph (2), the

amendments made by this section [amending this section and section

231b of this title] shall apply to annuities that begin to accrue

on or after January 1, 2002.

"(2) Exception. - The amount of the annuity provided for a spouse

under section 4(a) of the Railroad Retirement Act of 1974 (45

U.S.C. 231c(a)) shall be computed under section 4(a)(3) of such

Act, as in effect on December 31, 2001, if the annuity amount

provided under section 3(a) of such Act (45 U.S.C. 231b(a)) for the

individual on whose employment record the spouse annuity is based

was computed under section 3(a)(3) of such Act, as in effect on

December 31, 2001."

Amendment by section 103(e) of Pub. L. 107-90 effective Jan. 1,

2002, see section 103(j) of Pub. L. 107-90, set out as a note under

section 405 of Title 42, The Public Health and Welfare.

Amendment by section 104(b) of Pub. L. 107-90 effective Jan. 1,

2002, and applicable to annuity amounts accruing for months after

Dec. 2001, see section 104(c) of Pub. L. 107-90, set out as a note

under section 231b of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 101(b) of Pub. L. 98-76 effective July 1,

1984, and applicable only with respect to awards in certain

specified cases, see section 101(c) of Pub. L. 98-76, set out as a

note under section 231b of this title.

Amendment by section 102(b), (c) of Pub. L. 98-76 effective Aug.

12, 1983, see section 102(d) of Pub. L. 98-76, set out as a note

under section 231b of this title.

Amendment by section 106(h) of Pub. L. 98-76 effective Aug. 12,

1983, except such amendment inapplicable to certain annuity

amounts, see section 106(k) of Pub. L. 98-76, set out as a note

under section 231a of this title.

Section 406(b) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section] shall be effective

October 1, 1981."

Section 407(b) of Pub. L. 98-76 provided that: "The amendment

made by this section [amending this section] shall be effective

with respect to annuities awarded on and after the date of

enactment [Aug. 12, 1983]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 1119(b)(5), (c), (h)(3), (i)(3) of Pub. L.

97-35 effective Jan. 1, 1975, amendment by section 1119(b)(1) of

Pub. L. 97-35 not to apply with respect to annuities awarded before

Oct. 1, 1981, amendment by section 1119(d)(2), (h)(1), (4) of Pub.

L. 97-35 effective Aug. 13, 1981, amendment by section 1119(i)(4)

of Pub. L. 97-35 effective Jan. 1, 1982, and amendment by other

provisions of section 1119 of Pub. L. 97-35 effective Oct. 1, 1981,

and applicable only with respect to annuities awarded on or after

Oct. 1, 1981, see section 1129 of Pub. L. 97-35, set out as a note

under section 231 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 2(c) of Pub. L. 94-547 provided that: "The amendments

made by this section [amending this section] shall be effective

with respect to annuities accruing for months after the month in

which this Act is enacted [October, 1976]: Provided, however, That

the amendments made by subsection (b) of this section [amending

this section] shall not operate to decrease any annuity amounts

awarded under section 4(h) of the Railroad Retirement Act of 1974

[subsec. (h) of this section] prior to the date on which these

amendments become effective."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 231, 231a, 231b, 231d,

231e, 231f, 231m, 231n, 231r, 231u of this title; title 2 section

905; title 26 section 72; title 42 section 1395r.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a closing

parenthesis.

(!2) So in original. The comma probably should not appear.

(!3) So in original. Probably should be "section".

(!4) So in original. Probably should not be capitalized.

(!5) So in original. Probably should be "on".

-End-

-CITE-

45 USC Sec. 231d 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231d. Annuity beginning and ending dates

-STATUTE-

(a) Annuities under section 231a of this title

Subject to the limitations set forth below, an annuity under

section 231a of this title shall begin with the month in which

eligibility therefor was otherwise acquired, but -

(i) not earlier than the date specified in the application

therefor;

(ii) in the case of an applicant otherwise entitled to an

annuity under paragraph (iv) or (v) of section 231a(a)(1) of this

title or under section 231a(d)(1)(i) of this title on the basis

of disability, not earlier than the later of (A) the first day of

the sixth month following the onset date of the disability for

which such annuity is awarded or (B) the first day of the twelfth

month before the month in which the application therefor was

filed;

(iii) in the case of an applicant otherwise entitled to an

annuity under section 231a(a)(1), 231a(c), or 231a(d) of this

title where paragraph (ii) does not apply, not earlier than the

latest of (A) the first day of the sixth month before the month

in which the application therefor was filed, (B) the first day of

the month in which the application therefor was filed if the

effect of beginning such annuity in an earlier month would result

in a greater age reduction in the annuity, unless beginning the

annuity in the earlier month would enable an annuity under

section 231a(c) of this title which is not subject to an age

reduction to be payable in such earlier month, (C) in the case of

an applicant otherwise entitled to an annuity under section

231a(a)(1) or 231a(c) of this title, the date following the last

day of compensated service of the applicant, or (D) in the case

of an applicant otherwise entitled to an annuity under section

231a(a)(1) or 231a(c) of this title, the first day of the first

month throughout which the applicant meets the age requirement

for the annuity applied for;

(iv) in the case of an applicant otherwise entitled to an

annuity under section 231a(c)(4) or (d)(1)(v) of this title, not

earlier than the month an annuity would begin to accrue to such

individual under such section if section 202(j)(1) and section

202(j)(4) of the Social Security Act [42 U.S.C. 402(j)(1), (4)]

were applicable to this subchapter.(!1)

(v) an annuity amount provided by section 231b(h)(1) or

231b(h)(2) of this title shall not be paid to an individual

otherwise eligible therefor for any month before the month such

individual would be entitled, upon filing an application

therefor, to an old-age insurance benefit or a disability

insurance benefit under title II of the Social Security Act [42

U.S.C. 401 et seq.] and an annuity amount provided by section

231b(h)(3) or section 231b(h)(4) of this title shall not be paid

to an individual otherwise eligible therefor for any month before

the month such individual would be entitled, upon filing an

application therefore,(!2) to an insurance benefit as a wife,

husband, widow, or widower under title II of the Social Security

Act;

(vi) an annuity amount provided by section 231c(e)(1) or

231c(e)(2) of this title shall not be paid to a spouse otherwise

eligible therefor for any month prior to the month such spouse

would be entitled, upon filing an application therefor, to an

old-age or disability insurance benefit under title II of the

Social Security Act [42 U.S.C. 401 et seq.]; and

(vii) an annuity amount provided by section 231c(e)(3) of this

title shall not be paid to a spouse otherwise eligible therefor

for any month prior to the month such spouse would be entitled,

upon filing an application therefor, to a wife's or husband's

insurance benefit under title II of the Social Security Act [42

U.S.C. 401 et seq.].

For the purpose of determining annuity amounts provided under

sections 231b(a), 231c(a), and 231c(f) of this title, the

provisions with respect to the beginning dates of annuities set

forth in this subsection shall be deemed to govern the beginning

dates of monthly benefits provided under the Social Security Act

[42 U.S.C. 301 et seq.].

(b) Applications for payment

An application for any payment under this subchapter shall be

made and filed in such manner and form as the Board may prescribe.

An application filed with the Board for an employee annuity, spouse

annuity, or divorced spouse annuity on the basis of the employment

record of an employee who will have completed less than ten years

of service shall be deemed to be an application for any benefit to

which such applicant may be entitled under this subchapter or

section 202(a), section 202(b), or section 202(c) of the Social

Security Act [42 U.S.C. 402(a), (b), (c)]. An application filed

with the Board for an annuity on the basis of the employment record

of an employee who will have completed ten years of service shall,

unless the applicant specified otherwise, be deemed to be an

application for any benefit to which such applicant may be entitled

under this subchapter or title II of the Social Security Act [42

U.S.C. 401 et seq.]. An individual who was entitled to an annuity

under paragraph (iv) or (v) of section 231a(a)(1) of this title for

the month preceding the month in which he attained retirement age

(as defined in section 216(l) of the Social Security Act [42 U.S.C.

416(l)]), shall be deemed to have filed an application for an

annuity under paragraph (i) of section 231a(a)(1) of this title on

the date on which he attained retirement age (as defined in section

216(l) of the Social Security Act), and a widow or widower who was

entitled to an annuity under section 231a(d)(1) of this title on

the basis of disability for the month preceding the month in which

she or he attained age 60, shall be deemed to have filed an

application for an annuity under such section 231a(d)(1) of this

title on the basis of age on the date on which she or he attained

age 60.

(1) An individual's entitlement to an annuity under paragraph

(i), (ii), or (iii) of section 231a(a)(1) of this title or to a

supplemental annuity under section 231a(b) of this title shall end

with the month preceding the month in which he dies.

(2) An individual's entitlement to an annuity under paragraph

(iv) or (v) of section 231a(a)(1) of this title shall end on (A)

the last day of the second month following the month in which he

ceases to be disabled as provided for purposes of such paragraphs,

(B) the last day of the month preceding the month in which he

attains retirement age (as defined in section 216(l) of the Social

Security Act [42 U.S.C. 416(l)]) or (C) the last day of the month

preceding the month in which he dies, whichever first occurs.

(3) The entitlement of a spouse of an individual to an annuity

under section 231a(c) of this title shall end on the last day of

the month preceding the month in which (A) the spouse or the

individual dies, (B) the spouse and the individual are absolutely

divorced, or (C) in the case of a wife who does not satisfy the

requirements of clause (ii)(A) or (ii)(B) of section 231a(c)(1) of

this title (other than a wife who is receiving such annuity by

reason of an election under section 231a(c)(2) of this title), such

wife no longer has in her care a child described in clause (ii)(C)

of section 231a(c)(1) of this title, whichever first occurs. The

entitlement of the divorced wife of an individual to an annuity

under section 231a(c) of this title shall end on the last day of

the month preceding the month in which (A) the divorced wife or the

individual dies or (B) the divorced wife remarries.

(4) The entitlement of a widow or widower of a deceased employee

to an annuity under paragraph (i) of section 231a(d)(1) of this

title on the basis of age shall end on (A) the last day of the

month preceding the month in which she or he dies or (B) the last

day of the month preceding the month in which she or he remarries

after the employee's death, whichever first occurs.

(5) The entitlement of a widow or widower of a deceased employee

to an annuity under paragraph (i) of section 231a(d)(1) of this

title on the basis of disability shall end on (A) the last day of

the month preceding the month in which she or he dies, (B) the last

day of the month preceding the month in which she or he remarries

after the employee's death, (C) the last day of the second month

following the month in which she or he ceases to be disabled as

provided for purposes of such paragraph, or (D) the last day of the

month preceding the month in which she or he attains age 60,

whichever first occurs.

(6) The entitlement of a widow of a deceased employee to an

annuity under paragraph (ii) of section 231a(d)(1) of this title

shall end on (A) the last day of the month preceding the month in

which she dies, (B) the last day of the month preceding the month

in which she remarries after the employee's death, or (C) the last

day of the month preceding the month in which she no longer has in

her care a child described in clause (B) of such paragraph (ii)

whichever first occurs.

(7) The entitlement of a child of a deceased employee to an

annuity under paragraph (iii) of section 231a(d)(1) of this title

shall end on (A) the last day of the month preceding the month in

which he or she dies, (B) the last day of the month preceding the

month in which he or she marries, (C) the last day of the month

preceding the month in which he or she attains age 18 and does not

meet the qualifications set forth in clause (B) or (C) of such

paragraph (iii), (D) the last day of the month preceding (i) the

month during no part of which he or she is a full-time elementary

or secondary school student or (ii) the month in which he or she

attains age 19, and does not meet the qualifications set forth in

clause (A) or (C) of such paragraph (iii), or (E) the last day of

the second month following the month in which he or she ceases to

be disabled for purposes of such paragraph (iii) and does not meet

the qualifications set forth in clause (A) or (B) of such paragraph

(iii), whichever first occurs. A child whose entitlement to an

annuity under paragraph (iii) of section 231a(d)(1) of this title

terminated by reason of clause (E) of this subdivision because he

or she ceased to be disabled and who again becomes disabled as

provided in clause (C) of such paragraph (iii), may become

reentitled to an annuity on the basis of such disability upon his

or her application for such reentitlement. A child whose

entitlement to an annuity under paragraph (iii) of section

231a(d)(1) of this title terminated with the month preceding the

month in which he or she attained age 18, or with a subsequent

month, may again become entitled to such an annuity (providing no

event to disqualify the child has occurred) beginning with the

first month thereafter in which he or she meets the qualifications

set forth in clause (B) or (C) of such paragraph (iii), if he or

she has filed an application for such reentitlement.

(8) The entitlement of a parent of a deceased employee to an

annuity under paragraph (iv) of section 231a(d)(1) of this title

shall end on the last day of the month preceding the month in which

(A) such parent dies or (B) such parent remarries after the

employee's death, whichever first occurs.

(9) No annuity shall accrue with respect to the calendar month in

which an annuitant dies. In cases where an individual entitled to

an annuity under this subchapter disappears, no annuity shall

accrue to that individual with respect to any month until and

unless such individual is shown, by evidence satisfactory to the

Board, to have continued in life throughout such month, but -

(A) where an annuity would accrue for such month under section

231a(a)(1) of this title to an individual who had a current

connection with the railroad industry at the time of such

individual's disappearance, and under section 231a(c) of this

title to such individual's spouse, had such individual been shown

to be alive during such month, such individual shall be deemed,

for the purposes of benefits under section 231a(d) of this title,

to have died in the month in which such individual disappeared,

and where an annuity would accrue for such month under section

231a(a)(1) of this title to an individual who did not have a

current connection with the railroad industry at the time of such

individual's disappearance, and under section 231a(c) of this

title to such individual's spouse, had such individual been shown

to be alive during such month, such individual shall be deemed,

for purposes of benefits payable under section 231a(c) of this

title, to be alive during such month unless the death of such

individual has been established or the annuity of the spouse of

such individual is otherwise terminated under subsection (c)(3)

of this section, and

(B) if such individual is later determined to have been alive

during any of such months, recovery of any benefits paid on the

basis of such individual's compensation under section 231a(d) of

this title for the months in which such individual was not known

to be alive, minus the total of the amounts that would have been

paid as a spouse's annuity during such months (treating the

application for a widow's or widower's annuity as an application

for spouse's annuity), shall be made in accordance with section

231l of this title.

For purposes of the payment of benefits under this subchapter, the

death of an individual shall be presumed based on such individual's

unexplained absence of not less than seven years, except that

whenever the death of an individual is so established, such

individual shall be deemed to have died in the month in which such

individual disappeared.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 5, 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. 1332; amended Pub. L. 97-35, title XI,

Sec. 1120, Aug. 13, 1981, 95 Stat. 636; Pub. L. 98-76, title I,

Secs. 103(a), 104(c), 106(i), (j), Aug. 12, 1983, 97 Stat. 415,

416, 418; Pub. L. 107-90, title I, Sec. 103(f), Dec. 21, 2001, 115

Stat. 881.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (a) and (b), 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. Title II of the Social Security Act

is classified generally to subchapter II (Sec. 401 et seq.) of

chapter 7 of Title 42. For complete classification of this Act to

the Code, see section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-90 inserted second and third

sentences and struck out former second sentence which read as

follows: "An application filed with the Board for an annuity under

this subchapter shall, unless the applicant specifies otherwise, be

deemed to be an application for any benefit to which such applicant

may be entitled under this subchapter or title II of the Social

Security Act."

1983 - Subsec. (a). Pub. L. 98-76, Sec. 103(a)(1), substituted

"Subject to the limitations set forth below, an annuity" for "An

annuity" in provisions preceding cl. (i).

Pub. L. 98-76, Sec. 103(a)(3), inserted provision following cl.

(vii) that for purpose of determining annuity amounts provided

under sections 231b(a), 231c(a), and 231c(f) of this title,

provisions with respect to beginning dates of annuities set forth

in this subsection shall be deemed to govern beginning dates of

monthly benefits provided under Social Security Act.

Subsec. (a)(ii). Pub. L. 98-76, Sec. 103(a)(2), amended cl. (ii)

generally, substituting "in the case of an applicant otherwise

entitled to an annuity under paragraph (iv) or (v) of section

231a(a)(1) of this title or under section 231a(d)(1)(i) of this

title on the basis of disability, not earlier than the later of (A)

the first day of the sixth month following the onset date of the

disability for which such annuity is awarded or (B) the first day

of the twelfth month before the month in which the application

therefor was filed" for "not earlier than the first day of the

twelfth month before the month in which the application therefor

was filed".

Subsec. (a)(iii). Pub. L. 98-76, Sec. 103(a)(2), amended cl.

(iii) generally. Prior to amendment, cl. (iii) read as follows: "in

the case of an applicant otherwise eligible for an annuity under

section 231a(a)(1) or 231a(c) of this title not earlier than the

date following the last day of compensated service of the

applicant; and".

Subsec. (b). Pub. L. 98-76, Sec. 106(i), substituted "retirement

age (as defined in section 216(l) of the Social Security Act)" for

"the age of 65" and "age 65".

Subsec. (c)(2). Pub. L. 98-76, Sec. 106(j), substituted

"retirement age (as defined in section 216(l) of the Social

Security Act)" for "age 65".

Subsec. (c)(7)(D)(i). Pub. L. 98-76, Sec. 104(c)(1), substituted

"full-time elementary or secondary school student" for "full-time

student".

Subsec. (c)(7)(D)(ii). Pub. L. 98-76, Sec. 104(c)(2), substituted

"19" for "22".

1981 - Subsec. (a)(iv) to (vii). Pub. L. 97-35, Sec. 1120(a),

added pars. (iv) to (vii).

Subsec. (b). Pub. L. 97-35, Sec. 1120(b), substituted "title II

of the Social Security Act" for "the Social Security Act".

Subsec. (c)(3). Pub. L. 97-35, Sec. 1120(c), inserted provision

that entitlement of the divorced wife of an individual to an

annuity under section 231a(c) shall end on the last day of the

month preceding the month in which (A) the divorced wife or the

individual dies or (B) the divorced wife remarries.

Subsec. (c)(9). Pub. L. 97-35, Sec. 1120(d), added subdiv. (9).

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-90 effective Jan. 1, 2002, see section

103(j) of Pub. L. 107-90, set out as a note under section 405 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 103(b) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section] shall become effective

on the first day of the first month beginning after the date of the

enactment of this Act [Aug. 12, 1983], and shall apply only with

respect to annuities awarded on the basis of applications filed on

or after that day."

Amendment by section 104(c) of Pub. L. 98-76 effective with

respect to annuities accruing for months after Aug. 1983, with

certain exceptions, see section 104(d) of Pub. L. 98-76, set out as

a note under section 231a of this title.

Amendment by section 106(i), (j) of Pub. L. 98-76 effective Aug.

12, 1983, except such amendment inapplicable to certain annuity

amounts, see section 106(k) of Pub. L. 98-76, set out as a note

under section 231a of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 1120(a), (d) of Pub. L. 97-35 effective Jan.

1, 1975, amendment by section 1120(b) of Pub. L. 97-35 effective

Oct. 1, 1981, and amendment by other provisions of section 1120 of

Pub. L. 97-35 effective Oct. 1, 1981, and applicable only with

respect to annuities awarded on or after Oct. 1, 1981, see section

1129 of Pub. L. 97-35, set out as a note under section 231 of this

title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

(!2) So in original. Probably should be "therefor,".

-End-

-CITE-

45 USC Sec. 231e 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231e. Lump sum payments

-STATUTE-

(a) Eligible annuities; applications; reversion; determination of

status of recipient

(1) Annuities under section 231a(a)(1) of this title and

supplemental annuities under section 231a(b) of this title which

will have become due an individual but will not have been paid at

the time of such individual's death shall be payable to the person,

if any, who is determined by the Board to be such individual's

widow or widower and to have been living with such individual at

the time of such individual's death and who will not have died

before receiving payment of such annuities. If there be no such

widow or widower, such annuities shall be payable to any person or

persons, equitably entitled thereto, to the extent and in the

proportions that he or they shall have paid the expenses of burial

of such individual, and to the extent that he or they will not have

been reimbursed under subsection (b) of this section for having

paid such expenses. If there be no person or persons so entitled,

or if the total of such annuities exceeds the amount payable under

this subdivision to such person or persons, such total, or the

remainder thereof, as the case may be, shall be paid to the

children, grandchildren, parents, or brothers and sisters of the

deceased individual in the same manner as if such annuities were a

lump sum payable under subsection (c)(1) of this section.

(2) Annuities under section 231a(d) of this title which will have

become due a survivor of an employee but will not have been paid at

the time of such survivor's death shall be payable to the person,

if any, who is determined by the Board to be such employee's widow

or widower and to have been living with such employee at the time

of the employee's death and who will not have died before receiving

payment of such annuities. If there be no such widow or widower,

such annuities shall be payable to the children, grandchildren,

parents, or brothers and sisters of the deceased employee in the

same manner as if such unpaid annuities were a lump sum payable

under subsection (c)(1) of this section.

(3) Annuities under section 231a(c) of this title which will have

become due a spouse or divorced wife of an individual but which

will not have been paid at the time of such spouse's or divorced

wife's death shall be payable to the individual from whose

employment such annuities derived and who will not have died before

receiving payment of such annuities. If there be no such

individual, such annuities shall be paid as provided in the last

two sentences of subdivision (1) of this subsection as if such

annuities were annuities due to an individual but unpaid at the

time of such individual's death.

(4) Applications for accrued and unpaid annuities provided for in

the preceding subdivisions of this subsection shall be filed prior

to the expiration of two years after the death of the person to

whom such annuities were originally due.

(5) If there is no person to whom all or any part of the payments

described in subdivision (1), (2), or (3) can be made, such payment

or part thereof shall escheat to the credit of the Railroad

Retirement Account.

(6) For the purposes of this subsection and subsection (c) of

this section, a widow or widower of an individual shall be deemed

to have been living with the individual at the time of the

individual's death if the applicable conditions set forth in

section 216(h)(2) or (3) of the Social Security Act [42 U.S.C.

416(h)(2) or (3)], as in effect before 1957, are fulfilled.

(7) In determining for purposes of this subsection and

subsections (c) and (d) of this section whether an applicant is the

widow, widower, child, or parent of an employee as claimed, the

rules set forth in section 216(h) of the Social Security Act [42

U.S.C. 416(h)] shall be applied. In determining for purposes of

this subsection and subsections (c) and (d) of this section whether

an applicant is the grandchild, brother, or sister of an employee

as claimed, the Board shall apply such law as would be applied in

determining the devolution of intestate personal property by the

courts of the State in which such employee was domiciled at the

time of his death, or if such employee was not so domiciled in any

State by the courts of the District of Columbia. Applicants who

according to such law would have the same status relative to taking

personal property as a grandchild, brother, or sister shall be

deemed such.

(b) Payments in accordance with Railroad Retirement Act of 1937 and

Social Security Act

(1) Upon the death of an individual who will have completed ten

years of service prior to January 1, 1975, and will have had a

current connection with the railroad industry at the time of his

death, a lump-sum payment shall be made in accordance with the

provisions of section 5(f)(1) of the Railroad Retirement Act of

1937 [45 U.S.C. 228e(f)(1)] as in effect on December 31, 1974, in

an amount, if any, which would have been payable under such section

on the basis of (A) the individual's compensation after December

31, 1936, and prior to January 1, 1975, and (B) the individual's

wages (as defined in section 209 of the Social Security Act [42

U.S.C. 409]) prior to January 1, 1975. Any lump sum payable under

this subdivision shall be in an amount computed as if the

individual had died on January 1, 1975. No lump sum shall be

payable under this subdivision if the employee died leaving a

surviving divorced wife who would on proper application therefore

be entitled to receive an annuity under section 231a(d) of this

title for the month in which the employee's death occurred.

(2) Upon the death of an individual who will not have completed

ten years of service prior to January 1, 1975, but who (i) will

have completed ten years of service (or five or more years of

service, all of which accrues after December 31, 1995) at the time

of his death, (ii) will have had a current connection with the

railroad industry at the time of his death, and (iii) will have

died leaving no widow, surviving divorced wife, widower, child, or

parent who would on proper application therefor be entitled to

receive an annuity under section 231a(d) of this title for the

month in which such death occurred, a lump-sum death payment shall

be made in accordance with the provisions of section 202(i) of the

Social Security Act [42 U.S.C. 402(i)] in an amount equal to the

amount which would have been payable under such section 202(i) if

such individual's service as an employee after December 31, 1936,

were included in the term "employment" as defined in that Act. If a

lump sum would be payable to a widow or widower under this

subdivision except for the fact that a survivor will have been

entitled to receive an annuity for the month in which the

individual will have died, but within one year after the

individual's death there will not have accrued to survivors of the

individual, by reason of his death, annuities which, after all

deductions pursuant to section 231a(g) and 231a(h) of this title,

are equal to such lump sum, a payment equal to the amount by which

such lump sum exceeds such annuities so accrued after such

deductions shall then nevertheless be made under this subdivision

to the widow or widower to whom a lump sum would have been payable

under this subdivision except for the fact that a monthly benefit

under section 231a(d) of this title was payable for the month in

which the individual died, if such widow or widower will not have

died before receiving payment of such lump sum.

(1) Whenever it shall appear, with respect to the death of an

employee, that no benefits, or no further benefits (other than

benefits payable to a widow, widower, or parent under either this

subchapter or the Social Security Act [42 U.S.C. 301 et seq.] upon

attaining the age of eligibility therefor at a future date) will be

payable under this subchapter or under the Social Security Act, a

lump sum in an amount computed under subdivision (2) of this

subsection shall be paid to such person or persons as the deceased

employee may have designated by a writing filed with the Board

prior to his or her death, or if there be no designation, to the

following person (or, if more than one, in equal shares to the

persons) whose relationship to the deceased employee will have been

determined by the Board and who will not have died before receiving

payment of the lump sum provided for in this subdivision -

(i) the widow or widower of the deceased employee who was

living with such employee at the time of such employee's death;

(ii) if there be no such widow or widower, to any child or

children of such employee; or

(iii) if there be no such widow, widower, or child, to any

grandchild or grandchildren of such employee; or

(iv) if there be no such widow, widower, child, or grandchild,

to any parent or parents of such employee; or

(v) if there be no such widow, widower, child, grandchild, or

parent, to any brother or sister of such employee; or

(vi) if there be no such widow, widower, child, grandchild,

parent, brother, or sister, to the estate of such employee:

Provided, however, That if the employee is survived by a widow,

widower, or parent who may upon attaining the age of eligibility be

entitled to benefits under this subchapter or under the Social

Security Act, such lump sum shall not be paid unless such widow,

widower, or parent makes and files with the Board an irrevocable

election, in such form as the Board may prescribe, to have such

lump sum be paid in lieu of all benefits to which such widow,

widower, or parent might otherwise become entitled under this

subchapter on the basis of the deceased employee's compensation and

years of service or under the Social Security Act on the basis of

the deceased employee's wages from (A) employment with an employer

as defined in section 231(a) of this title or (B) service as an

employee representative as defined in section 231(c) of this title.

Any election made and filed by a widow, widower, or parent pursuant

to this subdivision shall be legally effective according to its

terms. After a lump sum with respect to the death of an employee is

paid pursuant to an election filed with the Board under the

provisions of this subsection, no further benefits shall be paid

(other than to a survivor in the circumstances described in

paragraph (3)) under this subchapter or the Social Security Act on

the basis of such employee's compensation and service under this

subchapter, except that nothing in this subchapter or the Social

Security Act shall operate to deprive a widow, widower, or parent

making such election of any insurance benefit under title II of the

Social Security Act [42 U.S.C. 401 et seq.] to which such

individual would have been entitled if the employee had not

rendered service as an employee under this subchapter.

(2) The lump sum provided under subdivision (1) of this

subsection shall be in an amount equal to (A) the sum of 4 per

centum of the deceased employee's compensation paid after December

31, 1936, and prior to January 1, 1947, plus 7 per centum of such

employee's compensation paid after December 31, 1946, and before

January 1, 1959, plus 7 1/2 per centum of such employee's

compensation paid after December 31, 1958, and before January 1,

1962, plus 8 per centum of such employee's compensation paid after

December 31, 1961, and before January 1, 1966, plus an amount equal

to the total of all employee taxes payable by such employee after

December 31, 1965, and before January 1, 1975, under the provisions

of section 3201 of the Railroad Retirement Tax Act [26 U.S.C. 3201]

(excluding, for this purpose, the amount of the employee tax

attributable to that portion of the tax rate derived from section

3101(b) of the Internal Revenue Code of 1986 [26 U.S.C. 3101(b)]),

plus one-half of 1 per centum of the compensation on which such

taxes were payable, deeming the compensation attributable to

creditable military service after June 30, 1963, and before January

1, 1975, to be taxable compensation, and one-half of the taxes

payable by an employee representative under section 3211 of the

Railroad Retirement Tax Act [26 U.S.C. 3211] to be employee taxes

under section 3201 of such Act, minus (B) the sum of all benefits

paid to such employee, and to others deriving from such employee,

during his or her life, or to others by reason of his or her death,

under this subchapter, the Railroad Retirement Act of 1937 [45

U.S.C. 228a et seq.], or the Social Security Act [42 U.S.C. 301 et

seq.] (excluding, for this purpose, payments to providers of

services under section 231f(d) of this title or section 21 of the

Railroad Retirement Act of 1937 [45 U.S.C. 228s-2], any

supplemental annuity payments made to the employee under section

231a(b) of this title or section 3(j) of the Railroad Retirement

Act of 1937 [45 U.S.C. 228c(j)], any amounts by which that portion

of the annuities provided the employee under section 231b(a) of

this title or his spouse or divorced wife under section 231c(a) of

this title were increased by reason of the employee's wages and

self-employment income derived from employment and self-employment

under the Social Security Act, that portion of the annuities

provided the employee under section 231b(h) of this title or his

spouse under section 231c(e) of this title, and so much of the

benefits paid to the employee and to others deriving from him or

her under the Social Security Act during his or her lifetime as

would have been payable under that Act if such employee had not

rendered service as an employee as defined in section 231(b) of

this title). In computing compensation for purposes of this

subdivision there shall be excluded compensation in excess of $300

for any month before July 1, 1954; compensation in excess of $350

for any month after June 30, 1954, and before June 1, 1959;

compensation in excess of $400 for any month after May 31, 1959,

and before November 1, 1963; compensation in excess of $450 for any

month after October 31, 1963, and before October 1, 1965; and

compensation in excess of (i) $450 or (ii) an amount equal to

one-twelfth of the current maximum annual taxable "wages" as

defined in section 3121 of the Internal Revenue Code of 1986 [26

U.S.C. 3121], whichever is greater, for any month after September

30, 1965.

(3) Notwithstanding the last sentence of paragraph (1), benefits

shall be paid to a survivor who -

(A) is a divorced wife; and

(B) through administrative error received benefits otherwise

precluded by the making of a lump sum payment under this section

to a widow;

if that divorced wife makes an election to repay to the Board the

lump sum payment. The Board may withhold up to 10 percent of each

benefit amount paid after October 21, 1998, toward such

reimbursement. The Board may waive such repayment to the extent the

Board determines it would cause an unjust financial hardship for

the beneficiary.

(d) Payments to recipients ineligible for certain other annuities

(1) Every individual who will have completed ten years of service

at the time of his retirement or death, but does not meet the

qualifications for an annuity amount determined under the

provisions of section 231b(h)(1) or 231b(h)(2) of this title,

shall, at the time his annuity under section 231a(a)(1) of this

title begins to accrue, be entitled to a lump sum in the amount

provided under subdivision (2) of this subsection. If an individual

otherwise eligible for a lump sum under this section dies before he

becomes entitled to an annuity under section 231a(a)(1) of this

title, or before he receives payment of such lump sum, such lump

sum shall be payable to the person, if any, who is determined by

the Board to be such individual's widow or widower and who will not

have died before receiving payment of such lump sum. If there be no

such widow or widower, such lump sum shall be payable to the

children, grandchildren, parents, brothers and sisters, or the

estate of the deceased individual in the same manner as if such

lump sum were a lump sum payable under subsection (c)(1) of this

section.

(2) The lump sum provided under subdivision (1) of this

subsection shall be in an amount equal to the sum of (A) 1.5 per

centum of so much of such individual's combined earnings for any

calendar year after 1950 and before 1954 as is in excess of $3,600,

plus (B) 2 per centum of so much of such individual's combined

earnings for any calendar year after 1953 and before 1957 as is in

excess of $4,200, plus (C) 2.25 per centum of so much of such

individual's combined earnings for any calendar year after 1956 and

before 1959 as is in excess of $4,200, plus (D) 2.5 per centum of

so much of such individual's combined earnings for the calendar

year 1959 as is in excess of $4,800, plus (E) 3 per centum of so

much of such individual's combined earnings for each of the

calendar years 1960 and 1961 as is in excess of $4,800, plus (F)

3.125 per centum of so much of such individual's combined earnings

for the calendar year 1962 as is in excess of $4,800, plus (G)

3.625 per centum of so much of such individual's combined earnings

for any calendar year after 1962 and before 1966 as is in excess of

$5,400, plus (H) 4.2 per centum of so much of such individual's

combined earnings for the calendar year 1966 as is in excess of

$6,600, plus (I) 4.4 per centum of so much of such individual's

combined earnings for the calendar year 1967 as is in excess of

$6,600, plus (J) 3.8 per centum of so much of such individual's

combined earnings for the calendar year 1968 as is in excess of

$7,800, plus (K) 4.2 per centum of so much of such individual's

combined earnings for each of the calendar years 1969 and 1970 as

is in excess of $7,800, plus (L) 4.6 per centum of so much of such

individual's combined earnings for the calendar year 1971 as is in

excess of $7,800, plus (M) 4.6 per centum of so much of such

individual's combined earnings for the calendar year 1972 as is in

excess of $9,000, plus (N) 4.85 per centum of so much of such

individual's combined earnings for the calendar year 1973 as is in

excess of $10,800, plus (O) 4.95 per centum of so much of such

individual's combined earnings for the calendar year 1974 as is in

excess of $13,200. For purposes of this subsection, the term

"combined earnings" shall include "compensation" as defined in

section 1(h) of the Railroad Retirement Act of 1937 [45 U.S.C.

228a(h)], "wages" as defined in section 209 of the Social Security

Act [42 U.S.C. 409], and "self-employment" income as defined in

section 211(b) of the Social Security Act [42 U.S.C. 411(b)].

(e) Additional lump sum payment in certain cases

(1) Every individual who will have completed ten years of service

(or five or more years of service, all of which accrues after

December 31, 1995) at the time of his retirement or death, who will

have received compensation in the nature of separation or severance

pay on or after January 1, 1985, and who would have been credited

with additional months of service pursuant to section 231b(i)(4) of

this title except for the fact that such individual was not in an

employment relation to one or more employers nor an employee

representative in such months, shall, at the time his annuity under

section 231a(a)(1) of this title begins to accrue, be entitled to a

lump sum in the amount provided under subdivision (2) of this

subsection. If the full amount of a lump sum under this subsection

cannot be determined at the time an individual's annuity under

section 231a(a)(1) of this title begins to accrue, such lump sum

shall be payable at such time thereafter as such amount can be

determined. If an individual otherwise eligible for a lump sum

under this section dies before he becomes entitled to an annuity

under section 231a(a)(1) of this title, or before he receives

payment of such lump sum, such lump sum shall be payable to the

person, if any, who is determined by the Board to be such

individual's widow or widower and who will not have died before

receiving payment of such lump sum. If there be no such widow or

widower, such lump sum shall be payable to the children,

grandchildren, parents, brothers and sisters, or the estate of the

deceased individual in the same manner as if such lump sum were a

lump sum payable under subsection (c)(1) of this section.

(2) The lump sum provided under subdivision (l) (!1) of this

subsection shall be in an amount equal to the product of (A) the

compensation attributable to the additional months of service which

would have been credited to the individual due to the receipt of

payments in the nature of separation or severance pay pursuant to

section 231b(i)(4) of this title if such individual had remained in

an employment relation to one or more employers or had continued to

be an employee representative and (B) the rate of tax, or rates of

tax, imposed on the compensation described in clause (A) of this

subdivision by section 3201(b) of the Internal Revenue Code of 1986

[26 U.S.C. 3201(b)].

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 6, 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. 1334; amended Pub. L. 97-35, title XI,

Sec. 1121, Aug. 13, 1981, 95 Stat. 637; Pub. L. 98-76, title IV,

Sec. 408, Aug. 12, 1983, 97 Stat. 435; Pub. L. 99-514, Sec. 2, Oct.

22, 1986, 100 Stat. 2095; Pub. L. 100-647, title VII, Sec. 7301,

Nov. 10, 1988, 102 Stat. 3776; Pub. L. 105-277, div. A, Sec. 101(f)

[title VII, Sec. 709(a)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-391; Pub. L. 107-90, title I, Sec. 103(i)(1), (4), Dec. 21,

2001, 115 Stat. 882.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (c), 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. Title II of the Social Security Act is

classified generally to subchapter II (Sec. 401 et seq.) of chapter

7 of Title 42. For complete classification of this Act to the Code,

see section 1305 of Title 42 and Tables.

The Railroad Retirement Act of 1937, referred to in subsec.

(c)(2), 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 was 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.

Sections 1, 3, 5, and 21 of the Railroad Retirement Act of 1937,

referred to in subsecs. (b)(1), (c)(2), and (d)(2), which were

classified to sections 228a, 228c, 228e, and 228s-2 of this title,

have been omitted from the Code.

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-90, Sec. 103(i)(4), inserted

"(or five or more years of service, all of which accrues after

December 31, 1995)" after "but who (i) will have completed ten

years of service".

Subsec. (e)(1). Pub. L. 107-90, Sec. 103(i)(1), inserted "(or

five or more years of service, all of which accrues after December

31, 1995)" after "ten years of service".

1998 - Subsec. (c)(1). Pub. L. 105-277, Sec. 101(f) [title VII,

Sec. 709(a)(1)], inserted "(other than to a survivor in the

circumstances described in paragraph (3))" after "no further

benefits shall be paid" in last sentence.

Subsec. (c)(3). Pub. L. 105-277, Sec. 101(f) [title VII, Sec.

709(a)(2)], added par. (3).

1988 - Subsec. (e). Pub. L. 100-647 added subsec. (e).

1986 - Subsec. (c)(2). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever

appearing.

1983 - Subsec. (b)(1). Pub. L. 98-76 inserted provision that no

lump sum shall be payable under this subdivision if employee died

leaving a surviving divorced wife who would on proper application

therefore be entitled to receive an annuity under section 231a(d)

of this title for month in which employee's death occurred.

1981 - Subsec. (a)(3). Pub L. 97-35, Sec. 1121(a), substituted

"spouse or divorced wife of an individual but which will not have

been paid at the time of such spouse's or divorced wife's death"

for "spouse of an individual but which will not have been paid at

the time of such spouse's death".

Subsec. (b)(2)(iii). Pub. L. 97-35, Sec. 1121(b), substituted

"widow, surviving divorced wife," for "widow,".

Subsec. (c)(1). Pub. L. 97-35, Sec. 1121(c)(1), inserted

provision that after a lump sum with respect to the death of an

employee is paid pursuant to an election filed with the Board under

the provisions of this subsection, no further benefits shall be

paid under this subchapter or the Social Security Act on the basis

of such employee's compensation and service under this subchapter,

except that nothing in this subchapter or the Social Security Act

shall operate to deprive a widow, widower, or parent making such

election of any insurance benefit under title II of the Social

Security Act to which such individual would have been entitled if

the employee had not rendered service as an employee under this

subchapter.

Subsec. (c)(2). Pub. L. 97-35, Sec. 1121(c)(3), substituted

"spouse or divorced wife" for "spouse".

Pub. L. 97-35, Sec. 1121(c)(2), substituted "any supplemental

annuity payments made to the employee under section 231a(b) of this

title or section 3(j) of the Railroad Retirement Act of 1937, any

amounts" for "any amounts".

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-90 effective Jan. 1, 2002, see section

103(j) of Pub. L. 107-90, set out as a note under section 405 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(f) [title VII, Sec. 709(b)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-391, provided that: "The

amendment made by this section [amending this section] shall apply

with respect to any benefits paid before the date of enactment of

this Act [Oct. 21, 1998] as well as to benefits payable on or after

the date of the enactment of this Act."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 1121(c)(1), (2) of Pub. L. 97-35 effective

Jan 1, 1975, and amendment by other provisions of section 1121 of

Pub. L. 97-35, effective Oct. 1, 1981, and applicable only with

respect to annuities awarded on or after Oct. 1, 1981, see section

1129 of Pub. L. 97-35, set out as a note under section 231 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 352 of this title; title

42 sections 402, 405.

-FOOTNOTE-

(!1) So in original. Probably should be subdivision "(1)".

-End-

-CITE-

45 USC Sec. 231f 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231f. Railroad Retirement Board

-STATUTE-

(a) Administration

This subchapter shall be administered by the Railroad Retirement

Board established by the Railroad Retirement Act of 1937 [45 U.S.C.

228a et seq.] as an independent agency in the executive branch of

the Government and composed of three members appointed by the

President, by and with the advice and consent of the Senate. Each

member shall hold office for a term of five years, except that any

member appointed to fill a vacancy occurring prior to the

expiration of the term for which his predecessor was appointed

shall be appointed for the remainder of the term and any member

holding office pursuant to appointment under the Railroad

Retirement Act of 1937 when this subchapter becomes effective shall

hold office until the term for which he was appointed under such

Railroad Retirement Act of 1937 expires. One member shall be

appointed from recommendations made by representatives of the

employees and one member shall be appointed from recommendations

made by representatives of employers as defined in paragraph (i) of

section 231(a)(1) of this title, in both cases as the President

shall direct, so as to provide representation on the Board

satisfactory to the largest number, respectively, of employees and

employers concerned. One member, who shall be the chairman of the

Board, shall be appointed without recommendation by either

employers or employees and shall not be in the employment of or be

pecuniarily or otherwise interested in any employer or organization

of employees. Vacancies in the Board shall not impair the powers or

affect the duties of the Board or of the remaining members of the

Board, of whom a majority of those in office shall constitute a

quorum for the transaction of business. Upon the expiration of his

term of office a member shall continue to serve until his successor

is appointed and shall have qualified.

(b) Powers and duties

(1) The Board shall have and exercise all the duties and powers

necessary to administer this subchapter. The Board shall take such

steps as may be necessary to enforce such subchapter and make

awards and certify payments. Decisions by the Board upon issues of

law and fact relating to annuities or death benefits shall not be

subject to review by any other administrative or accounting

officer, agent, or employee of the United States.

(2) In the case of -

(A) an individual who will have completed ten years of service

(or five or more years of service, all of which accrues after

December 31, 1995) creditable under this subchapter,

(B) the wife or divorced wife or husband of such an individual,

entitled, or could upon application become entitled, to an

annuity under section 231a of this title, and

(D) any other person entitled to benefits under title II of the

Social Security Act [42 U.S.C. 401 et seq.] on the basis of the

wages and self-employment income of such an individual (except a

survivor of such an individual where such individual did not have

a current connection with the railroad industry at the time of

his death);

the Board shall provide for the payment on behalf of the Managing

Trustee of the Federal Old-Age and Survivors Insurance Trust Fund

and the Federal Disability Insurance Trust Fund of monthly benefits

payable under title II of the Social Security Act [42 U.S.C. 401 et

seq.] which are certified by the Secretary to it for payment under

the provisions of title II of the Social Security Act.

(3) If the Board finds that an applicant is entitled to an

annuity or death benefit under the provisions of this subchapter

then the Board shall make an award fixing the amount of the annuity

or benefit, as the case may be, and shall certify the payment

thereof as hereinafter provided; otherwise the application shall be

denied. For purposes of this section, the Board shall have and

exercise such of the powers, duties and remedies provided in

subsections (a), (b), (d), and (n) of section 12 of the Railroad

Unemployment Insurance Act [45 U.S.C. 362] as are not inconsistent

with the express provisions of this subchapter. The Board is

authorized to delegate to any member, officer, or employee of the

Board any of the powers conferred upon the Board by this

subchapter, excluding only the power to prescribe rules and

regulations, including the power to make decisions on applications

for annuities or other benefits: Provided, however, That any person

aggrieved by a decision on his application for an annuity or other

benefit shall have the right to appeal to the Board. Notice of a

decision of the Board, or of an employee thereof, shall be

communicated to the applicant in writing within thirty days after

such decision shall have been made.

(4)(A) The Railroad Retirement Board, after consultation with the

Board of Trustees of the National Railroad Retirement Investment

Trust and the Secretary of the Treasury, shall enter into an

arrangement with a nongovernmental financial institution to serve

as disbursing agent for benefits payable under this subchapter who

shall disburse consolidated benefits under this subchapter to each

recipient. Pending the taking effect of that arrangement, benefits

shall be paid as under the law in effect prior to December 21,

2001.

(B) The Board shall from time to time certify -

(i) to the Secretary of the Treasury the amounts required to be

transferred from the Social Security Equivalent Benefit Account

and the Dual Benefits Payments Account to the disbursing agent to

make payments of benefits and the Secretary of the Treasury shall

transfer those amounts;

(ii) to the Board of Trustees of the National Railroad

Retirement Investment Trust the amounts required to be

transferred from the National Railroad Retirement Investment

Trust to the disbursing agent to make payments of benefits and

the Board of Trustees shall transfer those amounts; and

(iii) to the disbursing agent the name and address of each

individual entitled to receive a payment, the amount of such

payment, and the time at which the payment should be made.

(5) The Board shall establish and promulgate rules and

regulations to provide for the adjustment of all controversial

matters arising in the administration of this subchapter. All

rules, regulations, or decisions of the Board shall require the

approval of at least two members, and they shall be entered upon

the records of the Board, which shall be a public record.

(6) The Board shall gather, keep, compile, and publish in

convenient form such records and data as may be necessary to assure

proper administration of this subchapter, including subdivision (2)

of this subsection. The Board shall have power to require all

employers and employees and any officer, board, commission, or

other agency of the United States to furnish such information and

records as shall be necessary for the administration of this

subchapter, including subdivision (2) of this subsection. The

several district courts of the United States shall have

jurisdiction upon suit by the Board to compel obedience to any

order of the Board issued pursuant to this section. The orders,

writs, and processes of the United States District Court for the

District of Columbia in such suits may run and be served anywhere

in the United States. Witnesses summoned before the Board shall be

paid the same fees and mileage that are paid witnesses in the

district courts of the United States. The Board shall make an

annual report to the President of the United States to be submitted

to Congress.

(7) Notwithstanding any other provision of law, the Secretary of

Health and Human Services shall furnish the Board certified reports

of wages, self-employment income, and periods of service and of

other records in his possession, or which he may secure, pertinent

to the administration of this subchapter, the Railroad Unemployment

Insurance Act [45 U.S.C. 351 et seq.],,(!1) the Milwaukee Railroad

Restructuring Act [45 U.S.C. 901 et seq.], and the Rock Island

Railroad Transition and Employee Assistance Act [45 U.S.C. 1001 et

seq.]..(!1) The Board shall furnish the Secretary of Health and

Human Services certified reports of records of compensation and

periods of service reported to it pursuant to section 231h of this

title, of determinations under section 231a of this title, and of

other records in its possession, or which it may secure, pertinent

to subsection (c) of this section or to the administration of the

Social Security Act [42 U.S.C. 301 et seq.] as affected by section

231q of this title. Such certified reports shall be conclusive in

adjudication as to the matters covered therein: Provided, however,

That if the Board or the Secretary of Health and Human Services

receives evidence inconsistent with a certified report and the

application involved is still in course of adjudication or

otherwise open for such evidence such recertification of such

report shall be made as, in the judgment of the Board or the

Secretary of Health and Human Services, whichever made the original

certification, the evidence warrants. Such recertification and any

subsequent recertification shall be treated in the same manner and

be subject to the same conditions as an original certification.

(8) Any department or agency of the United States maintaining

records of military service, at the request of the Board, shall

certify to the Board, with respect to any individual, the number of

months of military service which such department or agency finds

the individual to have had during any period or periods with

respect to which the Board's request is made, the date and manner

of entry into such military service, and the conditions under which

such service was continued. Any department or agency of the United

States which is authorized to make awards of pensions, disability

compensation, or any other gratuitous benefits or allowances

payable, on the periodic basis or otherwise, under any other Act of

Congress on the basis of military service, at the request of the

Board, shall certify to the Board, with respect to any individual,

the calendar months for all or part of which any such pension,

compensation, benefit, or allowance is payable to, or with respect

to, the individual, the amounts of any such pension, compensation,

benefit, or allowance, and the military service on which such

pension, compensation, benefit, or allowance is based. Any

certification made pursuant to the provisions of this subdivision

shall be conclusive on the Board: Provided, however, That if

evidence inconsistent with any such certification is submitted, and

the claim is in the course of adjudication or is otherwise open for

such evidence, the Board shall refer such evidence to the

department or agency which made the original certification and such

department or agency shall make such recertification as in its

judgment the evidence warrants. Such recertification, and any

subsequent recertification, shall be conclusive, made in the same

manner, and subject to the same conditions as an original

certification.

(9) The Board shall maintain such offices, provide such

equipment, furnishings, supplies, services, and facilities, and

employ such individuals and provide for their compensation and

expenses as may be necessary for the proper discharge of its

functions. All positions to which such individuals are appointed,

except one administrative assistant to each member of the Board,

shall be in and under the competitive civil service and shall not

be removed or excepted therefrom. In the employment of such

individuals under the civil service laws and rules the Board shall

give preference over all others to individuals who have had

experience in railroad service, if, in the judgment of the Board,

they possess the qualifications necessary for the proper discharge

of the duties of the positions to which they are to be appointed.

For purposes of its administration of this subchapter or the

Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.], or

both, the Board may place, without regard to the numerical

limitations contained in section 5108(c)(9) (!2) of title 5, four

positions in grade GS-16 of the General Schedule established by

that Act, four positions in grade GS-17 of such schedule, and one

position in grade GS-18 of such schedule.

(1) Benefit payments determined by the Board to be payable under

this subchapter shall be made by the disbursing agent under

subsection (b)(4) of this section from money transferred to it from

the National Railroad Retirement Investment Trust or the Social

Security Equivalent Benefit Account, as the case may be, except

that payments of annuity amounts made under sections 231b(h),

231c(e), and 231c(h) of this title and under sections 204(a)(3),

204(a)(4), 206(3), and 207(3) of Public Law 93-445 shall be made by

the disbursing agent under subsection (b)(4) of this section from

money transferred to it from the Dual Benefits Payments Account. In

any fiscal year, the total amounts paid under such sections shall

not exceed the total sums appropriated to the Dual Benefits

Payments Account for that fiscal year. The Board shall prescribe

regulations for allocation of annuity amounts which would without

regard to such regulations be payable under sections 231b(h),

231c(e), and 231c(h) of this title and sections 204(a)(3),

204(a)(4), 206(3), and 207(3) of Public Law 93-445 so that the sums

appropriated to the Dual Benefits Payments Account for a fiscal

year so far as practicable, are expended in equal monthly

installments throughout such fiscal year, and are distributed so

that recipients are paid annuity amounts which bear the same ratio

to the annuity amounts such recipients would have received but for

such regulations as the ratio of the total sums appropriated to pay

such annuity amounts bear to the total sums necessary to pay such

annuity amounts without regard to such regulations. Notwithstanding

any other provision of law, the entitlement of an individual to an

annuity amount under section 231b(h), 231c(e), or 231c(h) of this

title or section 204(a)(3), 204(a)(4), 206(3), or 207(3) of Public

Law 93-445 for any month in which the amount payable to such

individual is allocated under the regulations prescribed by the

Board under this subsection shall not exceed the amount so

allocated for that month to such individual.

(2) At the close of the fiscal year ending June 30, 1975, and

each fiscal year thereafter, the Board and the Secretary of Health

and Human Services shall determine the amounts, if any, which if

added to or subtracted from the Federal Old-Age and Survivors

Insurance Trust Fund, the Federal Disability Insurance Trust Fund,

and the Federal Hospital Insurance Trust Fund would place each such

Trust Fund in the same position in which it would have been if (A)

service as an employee after December 31, 1936, had been included

in the term "employment" as defined in the Social Security Act [42

U.S.C. 301 et seq.] and in the Federal Insurance Contributions Act

[26 U.S.C. 3101 et seq.] and (B) this subchapter had not been

enacted. Such determination with respect to each such Trust Fund

shall be made no later than June 15 following the close of the

fiscal year. If, pursuant to any such determination, any amount is

to be added to any such Trust Fund, the Board shall, within ten

days after the determination, certify such amount to the Secretary

of the Treasury for transfer from the Railroad Retirement Account

to such Trust Fund. If, pursuant to any such determination, any

amount is to be subtracted from any such Trust Fund, the Secretary

of Health and Human Services shall, within ten days after the

determination, certify such amount to the Secretary of the Treasury

for transfer from such Trust Fund to the Railroad Retirement

Account. Any amounts so certified shall further include interest

(at the rate determined in subdivision (3) for the fiscal year

under consideration) payable from the close of such fiscal year

until the date of certification. The Secretary of the Treasury is

authorized and directed to transfer to the Railroad Retirement

Account from the Federal Old-Age and Survivors Insurance Trust

Fund, the Federal Disability Insurance Trust Fund, or the Federal

Hospital Insurance Trust Fund or to any such Trust Fund from the

Railroad Retirement Account, as the case may be, such amounts as,

from time to time, may be determined by the Board and the Secretary

of Health and Human Services pursuant to the provisions of this

subdivision and certified by the Board or the Secretary of Health

and Human Services for transfer from any such Trust Fund or from

the Railroad Retirement Account.

(3) For purposes of subdivision (2), for any fiscal year, the

rate of interest to be used shall be equal to the average rate of

interest, computed as of May 31 preceding the close of such fiscal

year, borne by all interest-bearing obligations of the United

States then forming a part of the public debt; except that where

such average rate is not a multiple of one-eighth of 1 per centum,

the rate of interest shall be the multiple of one-eighth of 1 per

centum next lower than such average rate.

(4) After the end of each month beginning with the month of

October 1983, the Board shall determine the net amount, if any,

which if added to or subtracted from the Federal Old-Age and

Survivors Insurance Trust Fund, the Federal Disability Insurance

Trust Fund, and the Federal Hospital Insurance Trust Fund would,

with respect to such month, place those Trust Funds, taken as a

whole, in the same position in which they would have been if (A)

service as an employee after December 31, 1936, had been included

in the term "employment" as defined in the Social Security Act [42

U.S.C. 301 et seq.] and in the Federal Insurance Contributions Act

[26 U.S.C. 3101 et seq.], and (B) this subchapter had not been

enacted. If for any month the net amount so determined would be

subtracted from those Trust Funds, the Board shall, within ten days

after the end of such month, report such amount to the Secretary of

the Treasury for transfer from the general fund to the Railroad

Retirement Account. Any amount so reported shall further include

interest (at an annual rate equal to the rate of interest borne by

a special obligation issued to the Railroad Retirement Account in

the month in which the transfer is made to the Account) payable

from the close of the month for which the transfer is made until

the date of transfer. The Secretary of the Treasury is authorized

and directed to transfer to the Railroad Retirement Account from

the general fund such amounts as, from time to time, may be

determined by the Board pursuant to the provisions of this

subdivision and reported by the Board for transfer. For such

purpose the Secretary of the Treasury is authorized to use as a

public debt transaction the proceeds of the sale of any securities

issued after August 12, 1983, under section 3102 of title 31, and

the purpose for which securities may be issued under section 3102

of title 31 are extended to include such purpose. Each such

transfer shall be made by the Secretary of the Treasury within five

days after a report of the amount to be transferred is received.

Not later than December 31 following the close of each fiscal year

beginning with the fiscal year ending September 30, 1984, the Board

shall certify to the Secretary of the Treasury the total of all

amounts transferred pursuant to the provisions of this subdivision

for months in such fiscal year. Within ten days after a transfer,

or transfers, pursuant to subdivision (2) for a particular fiscal

year, the Board shall request the Secretary of the Treasury to

retransfer from the Railroad Retirement Account to the general fund

an amount equal to (A) the total of all amounts, exclusive of

interest, transferred to such Account pursuant to the provisions of

this subdivision for months in such fiscal year, plus (B) interest

(at the rate determined in subdivision (3) for such fiscal year)

payable with respect to each amount transferred for a month during

such fiscal year from the close of the month for which the transfer

of the amount was made until the date of retransfer of such amount.

The Secretary of the Treasury is authorized and directed to

retransfer from the Railroad Retirement Account to the general fund

such amounts as, from time to time, may be determined by the Board

pursuant to the provisions of the preceding sentence of this

subdivision and reported by the Board for retransfer.

(d) Hospital insurance benefits; certified beneficiaries;

disability insurance benefits; services in Canada; exchange of

information

(1) The Board shall, for purposes of this subsection, have the

same authority to determine the rights of individuals described in

subdivision (2) to have payments made on their behalf for hospital

insurance benefits consisting of inpatient hospital services,

posthospital extended care services, home health services, hospice

care, and outpatient hospital diagnostic services (all hereinafter

referred to as "services") under section 226 [42 U.S.C. 426], and

parts A and D of title XVIII [42 U.S.C. 1395c et seq., 1395x et

seq.], of the Social Security Act as the Secretary of Health and

Human Services has under such section and such parts with respect

to individuals to whom such sections and such parts apply. For

purposes of section 231g of this title, a determination with

respect to the rights of an individual under this subsection shall,

except in the case of a provider of services, be considered to be a

decision with respect to an annuity.

(2) Except as otherwise provided in this subsection, every person

who -

(i) has attained age 65 and (A) is entitled to an annuity under

this subchapter or (B) would be entitled to such an annuity had

he ceased compensated service and, in the case of a spouse or

divorced wife, had such spouse's husband or wife ceased

compensated service or (C) bears a relationship to an employee

which, by reason of section 231b(f)(2) of this title, has been,

or would be, taken into account in calculating the amount of the

annuity of such employee; or

(ii) has not attained age 65 and (A) has been entitled to an

annuity under section 231a of this title, or under the Railroad

Retirement Act of 1937 [45 U.S.C. 228a et seq.] and section 231a

of this title, or could have been includible in the computation

of an annuity under section 231b(f)(2) of this title, for not

less than 24 months and (B) could have been entitled for 24

calendar months, and could currently be entitled, to monthly

insurance benefits under section 223 of the Social Security Act

[42 U.S.C. 423] or under section 202 of that Act [42 U.S.C. 402]

on the basis of disability if service as an employee after

December 31, 1936, had been included in the term "employment" as

defined in that Act and if an application for disability benefits

had been filed,

shall be certified to the Secretary of Health and Human Services as

a qualified railroad retirement beneficiary under section 226 of

the Social Security Act [42 U.S.C. 426].

(3) If an individual entitled to an annuity under paragraph (iv)

or (v) of section 231a(a)(1) of this title would have been insured

for disability insurance benefits as determined under section

223(c)(1) of the Social Security Act [42 U.S.C. 423(c)(1)] at the

time such annuity began, he shall be deemed, solely for purposes of

paragraph (ii) of subdivision (2), to be entitled to a disability

insurance benefit under section 223 of the Social Security Act for

each month, and beginning with the first month, in which he would

meet the requirements for entitlement to such a benefit, other than

the requirement of being insured for disability insurance benefits,

if service as an employee after December 31, 1936, had been

included in the term "employment" as defined in the Social Security

Act [42 U.S.C. 301 et seq.] and if an application for disability

benefits had been filed.

(4) The rights of individuals described in subdivision (2) of

this subsection to have payment made on their behalf for the

services referred to in subdivision (1) but provided in Canada

shall be the same as those of individuals to whom section 226 [42

U.S.C. 426] and part A of title XVIII [42 U.S.C. 1395c et seq.] of

the Social Security Act apply, and this subdivision shall be

administered by the Board as if the provisions of section 226 and

part A of title XVIII of the Social Security Act were applicable,

as if references to the Secretary of Health and Human Services were

to the Board, as if references to the Federal Hospital Insurance

Trust Fund were to the Railroad Retirement Account, as if

references to the United States or a State included Canada or a

subdivision thereof, and as if the provisions of sections

1862(a)(4), 1863, 1864, 1868, 1869, 1874(b), and 1875 [42 U.S.C.

1395y(a)(4), 1395z, 1395aa, 1395ee, 1395ff, 1395kk(b), 1395ll] were

not included in such title. The payments for services herein

provided for in Canada shall be made from the Railroad Retirement

Account (in accordance with, and subject to, the conditions

applicable under subsection (b) of this section, in making payment

of other benefits) to the hospital, extended care facility, or home

health agency providing such services in Canada to individuals to

whom subdivision (2) of this subsection applies, but only to the

extent that the amount of payments for services otherwise hereunder

provided for an individual exceeds the amount payable for like

services provided pursuant to the law in effect in the place in

Canada where such services are furnished. For the purposes of

section 231i of this title, any overpayment under this subdivision

shall be treated as if it were an overpayment of an annuity.

(5) The Board and the Secretary of Health and Human Services

shall furnish each other with such information, records, and

documents as may be considered necessary to the administration of

this subsection or section 226 [42 U.S.C. 426], and part A of title

XVIII [42 U.S.C. 1395c et seq.], of the Social Security Act.

(e) Acceptance of gifts and bequests

The Board is authorized to accept on behalf of the United States

money gifts and bequests made unconditionally to the Railroad

Retirement Account, to the Railroad Retirement Supplemental

Account, or to the Railroad Unemployment Insurance Account, or to

the Board, or any member, officer, or employee thereof, for the

benefit of such accounts or any activity financed through such

accounts. Any such gift accepted pursuant to the authority granted

in this subsection shall be deposited in the specific account

designated by the donor or, if the donor has made no such specific

designation, in the Railroad Retirement Account.

(f) Congressional copies of documents submitted or transmitted to

President or Office of Management and Budget

Whenever the Board submits or transmits any budget estimate,

budget request, supplemental budget estimate, or other budget

information, legislative recommendation, prepared testimony for

congressional hearings, or comment on legislation to the President

or to the Office of Management and Budget, it shall concurrently

transmit a copy thereof to the Congress. No officer or agency of

the United States shall have any authority to require the Board to

submit its budget requests or estimates, legislative

recommendations, prepared testimony for congressional hearings, or

comments on legislation to any officer or agency of the United

States for approval, comments, or review, prior to the submission

of such recommendations, testimony, or comments to the Congress.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 7, 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. 1338; amended Pub. L. 96-88, title V,

Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-101, Sec.

10(h), Nov. 4, 1979, 93 Stat. 742; Pub. L. 96-254, title I, Sec.

106(f), May 30, 1980, 94 Stat. 402, as amended Pub. L. 96-448,

title VII, Sec. 701(b)(1), Oct. 14, 1980, 94 Stat. 1960; Pub. L.

96-265, title I, Sec. 103(a)(4), June 9, 1980, 94 Stat. 444; Pub.

L. 96-499, title IX, Sec. 930(r), Dec. 5, 1980, 94 Stat. 2633; Pub.

L. 97-35, title XI, Sec. 1122, Aug. 13, 1981, 95 Stat. 638; Pub. L.

97-248, title I, Sec. 122(a)(2), Sept. 3, 1982, 96 Stat. 356; Pub.

L. 98-76, title III, Sec. 301(a), title IV, Sec. 416, Aug. 12,

1983, 97 Stat. 430, 436; Pub. L. 98-369, div. B, title III, Sec.

2349(b)(2), July 18, 1984, 98 Stat. 1097; Pub. L. 105-33, title IV,

Sec. 4002(f)(1), Aug. 5, 1997, 111 Stat. 329; Pub. L. 107-90, title

I, Secs. 103(i)(2), 104(a)(2)(B), 106(a), 107(e), (f), Dec. 21,

2001, 115 Stat. 882, 887, 889.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Retirement Act of 1937, referred to in subsecs. (a)

and (d)(2)(ii), is act Aug. 29, 1935, ch. 812, as amended generally

by act June 24, 1937, ch. 382, part I, 50 Stat. 307, which was

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.

The Social Security Act, referred to in subsecs. (b)(2), (7),

(c)(2), (4), and (d)(1), (3) to (5), 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.

Title II of the Social Security Act is classified generally to

subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42. Parts A

and D of title XVIII of the Social Security Act are classified

generally to Parts A (Sec. 1395c et seq.) and D (1395x et seq.),

respectively, of subchapter XVIII of chapter 7 of Title 42. For

complete classification of this Act to the Code, see section 1305

of Title 42 and Tables.

The Railroad Unemployment Insurance Act, referred to in subsec.

(b)(7), (9), is act June 25, 1938, ch. 680, 52 Stat. 1094, as

amended, which is classified principally to chapter 11 (Sec. 351 et

seq.) of this title. For complete classification of this Act to the

Code, see section 367 of this title and Tables.

The Milwaukee Railroad Restructuring Act, referred to in subsec.

(b)(7), is Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, which is

classified principally to chapter 18 (Sec. 901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 901 of this title and

Tables.

The Rock Island Railroad Transition and Employee Assistance Act,

referred to in subsec. (b)(7), is title I of Pub. L. 96-254, May

30, 1980, 94 Stat. 399, which is classified principally to chapter

19 (Sec. 1001 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1001 of this title and Tables.

The civil service laws, referred to in subsec. (b)(9), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

Section 5108(c)(9) of title 5, referred to in subsec. (b)(9), was

repealed by Pub. L. 95-454, Sec. 414(a)(1)(A), Oct. 13, 1978, 92

Stat. 1177.

Sections 204, 206, and 207 of Pub. L. 93-445, referred to in

subsec. (c)(1), are set out as part of a Transitional Provisions

note under section 231 of this title.

The Federal Insurance Contributions Act, referred to in subsec.

(c)(2), (4), is act Aug. 16, 1954, ch. 736, Secs. 3101, 3102, 3111,

3112, 3121 to 3128, 68A Stat. 415, which is classified generally to

chapter 21 (Sec. 3101 et seq.) of Title 26, Internal Revenue Code.

For complete classification of this Act to the Code, see section

3128 of Title 26 and Tables.

-COD-

CODIFICATION

As originally enacted, the third sentence of subsec. (b)(6) of

this section contained words "and the District Court of the United

States for the District of Columbia" after "the several district

courts of the United States". The words "and the District Court of

the United States for the District of Columbia" have been deleted

entirely as superfluous in view of section 132(a) of Title 28,

Judiciary and Judicial Procedure, which states that "There shall be

in each judicial district a district court which shall be a court

of record known as the United States District Court for the

district" and section 88 of the Title 28 which states that "the

District of Columbia constitutes one judicial district".

In the fourth sentence of subsec. (b)(6) of this section, "United

States District Court for the District of Columbia" substituted for

"District Court of the United States for the District of Columbia"

in conformity with similar changes made throughout the Code

pursuant to section 32(b) of act June 25, 1948, ch. 646, as amended

by act May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107, which

provided for such substitution to be made in all laws of the United

States in force on September 1, 1948. See note captioned "Circuit

Court of Appeals:" "Senior Circuit Judge," Etc. Defined, set out

under section 451 of Title 28, Judiciary and Judicial Procedure.

In subsec. (b)(9), "section 5108(c)(9) of title 5" substituted

for "section 505 of the Classification Act of 1949, as amended", on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees. Section 505 of the Classification Act

of 1949 had enacted section 1105 of former Title 5, Executive

Departments and Government Officers and Employees.

August 12, 1983, referred to in subsec. (c)(4), was in the

original "the date of enactment of this Act" which was translated

as meaning the date of enactment of Pub. L. 98-76, which enacted

subsec. (c)(4) of this section, to reflect the probable intent of

Congress.

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2)(A). Pub. L. 107-90, Sec. 103(i)(2),

inserted "(or five or more years of service, all of which accrues

after December 31, 1995)" after "ten years of service".

Subsec. (b)(4). Pub. L. 107-90, Sec. 107(e), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "The Board

shall from time to time certify to the Secretary of the Treasury

the name and address of each individual entitled to receive a

payment, the amount of such payment, and the time at which it

should be made, and the Secretary of the Treasury through the

Fiscal Service of the Treasury Department, and prior to audit by

the General Accounting Office, shall make payment in accordance

with the certification by the Board."

Subsec. (c)(1). Pub. L. 107-90, Sec. 107(f), substituted "by the

disbursing agent under subsection (b)(4) of this section from money

transferred to it from the National Railroad Retirement Investment

Trust or the Social Security Equivalent Benefit Account, as the

case may be" for "from the Railroad Retirement Account" and

inserted "by the disbursing agent under subsection (b)(4) of this

section from money transferred to it" after "Public Law 93-445

shall be made".

Pub. L. 107-90, Sec. 106(a), struck out "payments of supplemental

annuities under section 231a(b) of this title shall be made from

the Railroad Retirement Supplemental Account, and" before "payments

of annuity amounts made under sections 231b(h),".

Subsec. (d)(2)(i), (ii). Pub. L. 107-90, Sec. 104(a)(2)(B),

substituted "section 231b(f)(2)" for "section 231b(f)(3)".

1997 - Subsec. (d)(1). Pub. L. 105-33 substituted "parts A and D

of title XVIII" for "parts A and C of title XVIII".

1984 - Subsec. (d)(4). Pub. L. 98-369 struck out "1867," after

"1864,".

1983 - Subsec. (c)(4). Pub. L. 98-76, Sec. 301(a), added par.

(4).

Subsec. (f). Pub. L. 98-76, Sec. 416, added subsec. (f).

1982 - Subsec. (d)(1). Pub. L. 97-248 inserted "hospice care,"

after "home health services,".

1981 - Subsec. (b)(2)(B). Pub. L. 97-35, Sec. 1122(a)(1),

substituted "wife or divorced wife" for "wife".

Subsec. (b)(7). Pub. L. 97-35, Sec. 1122(a)(2), inserted

reference to the Railroad Unemployment Insurance Act.

Subsec. (c)(1). Pub. L. 97-35, Sec. 1122(c), inserted provisions

relating to payment of annuity amounts from the Dual Benefits

Payments Account, authorization of Board to prescribe regulations

for allocation of annuity amounts, and maximum limits on

entitlement of an individual to an annuity amount.

Subsec. (d)(2)(i)(C). Pub. L. 97-35, Sec. 1122(b)(2), added cl.

(C).

Pub. L. 97-35, Sec. 1122(b)(1), substituted "spouse or divorced

wife" for "spouse".

1980 - Subsec. (b)(7). Pub. L. 96-254, as amended by Pub. L.

96-448, inserted reference to the Rock Island Railroad Transition

and Employee Assistance Act.

Subsec. (d)(1). Pub. L. 96-499 substituted "home health services"

for "posthospital home health services".

Subsec. (d)(2)(ii). Pub. L. 96-265 substituted "24 months" and

"24 calendar months" for "24 consecutive months" and "24

consecutive calendar months", respectively.

1979 - Subsec. (b)(7). Pub. L. 96-101 substituted

"Notwithstanding any other provision of law, the Secretary" for

"The Secretary" and inserted "and the Milwaukee Railroad

Restructuring Act" after "administration of this subchapter".

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsecs. (b)(7),

(c)(2), and (d)(4) and (5) pursuant to section 509(b) of Pub. L.

96-88, which is classified to section 3508(b) of Title 20,

Education.

-MISC2-

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by section 103(i) of Pub. L. 107-90 effective Jan. 1,

2002, see section 103(j) of Pub. L. 107-90, set out as a note under

section 405 of Title 42, The Public Health and Welfare.

Amendment by section 104(a) of Pub. L. 107-90 effective Jan. 1,

2002, and applicable to annuity amounts accruing for months after

Dec. 2001, see section 104(c) of Pub. L. 107-90, set out as a note

under section 231b of this title.

Amendment by section 106(a) of Pub. L. 107-90 effective Jan. 1,

2002, see section 106(e)(1) of Pub. L. 107-90, set out as a note

under section 231n of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, see section

2349(c) of Pub. L. 98-369, set out as a note under section 907a of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 301(c)(1) of Pub. L. 98-76 provided that: "The amendment

made by subsection (a) of this section [amending this section]

shall be effective on October 1, 1983."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 applicable to hospice care provided

on or after Nov. 1, 1983, see section 122(h)(1)(A) of Pub. L.

97-248, as amended, set out as a note under section 1395c of Title

42, The Public Health and Welfare.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 1122(a)(2), (b)(1), (c) of Pub. L. 97-35

effective Oct. 1, 1981, and amendment by other provisions of

section 1122 of Pub. L. 97-35 effective Oct. 1, 1981, and

applicable only with respect to annuities awarded on or after Oct.

1, 1981, see section 1129 of Pub. L. 97-35, set out as a note under

section 231 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-499 effective with respect to services

furnished on or after July 1, 1981, see section 930(s)(1) of Pub.

L. 96-499, set out as a note under section 1395x of Title 42, The

Public Health and Welfare.

Amendment by Pub. L. 96-448 effective Oct. 14, 1980, see section

710(d) of Pub. L. 96-448, set out as a note under section 1170 of

Title 11, Bankruptcy.

Amendment by Pub. L. 96-265 applicable with respect to hospital

insurance or supplementary medical insurance benefits for services

provided on or after first day of sixth month which begins after

June 9, 1980, see section 103(c) of Pub. L. 96-265, set out as a

note under section 426 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE

Section 602(e) of Pub. L. 93-445 provided that: "The provisions

of section 7(e) of the Railroad Retirement Act of 1974 [subsec. (e)

of this section] shall be effective on the enactment date of this

Act [Oct. 16, 1974] and shall apply with respect to all gifts and

bequests covered thereunder, regardless of the date on which such

gifts or bequests were made."

REPEALS

Section 106(f) of Pub. L. 96-254, cited as a credit to this

section, was omitted in the complete revision of section 106 of

Pub. L. 96-254 by Pub. L. 97-468, title II, Sec. 231, Jan. 14,

1983, 96 Stat. 2543.

-TRANS-

TRANSFER OF FUNCTIONS

"Fiscal Service" substituted for "Division of Disbursements" in

subsec. (b)(4) on authority of section 1(a)(1) of 1940 Reorg. Plan

No. III, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in

the Appendix to Title 5, Government Organization and Employees,

which consolidated such division into Fiscal Service of Treasury

Department. See section 306 of Title 31, Money and Finance.

-MISC3-

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

Pub. L. 105-277, div. A, Sec. 101(f) [title IV], Oct. 21, 1998,

112 Stat. 2681-337, 2681-381, provided in part: "That none of the

funds made available under this heading in this Act [probably means

the Departments of Labor, Health and Human Services, and Education,

and Related Agencies Appropriations Act, 1999, Pub. L. 105-277,

div. A, Sec. 101(f), Oct. 21, 1998, 112 Stat. 2681-337, see Tables

for classification], or subsequent Departments of Labor, Health and

Human Services, and Education, and Related Agencies Appropriations

Acts, may be used for any audit, investigation, or review of the

Medicare Program."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 105-78, title IV, Nov. 13, 1997, 111 Stat. 1512.

Pub. L. 104-208, div. A, title I, Sec. 101(e) [title IV], Sept.

30, 1996, 110 Stat. 3009-233, 3009-268.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 231b, 231e, 231i, 231l,

231n, 231n-1, 352, 362 of this title; title 42 sections 405, 426,

1395u.

-FOOTNOTE-

(!1) So in original.

(!2) See References in Text note below.

-End-

-CITE-

45 USC Sec. 231f-1 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231f-1. Annual actuarial report

-STATUTE-

As part of the annual report required under section 231u(a) of

this title, the Railroad Retirement Board shall submit to the

Congress a report on the actuarial status of the railroad

retirement system under various economic and employment

assumptions. Such report shall include any recommendation for

financing changes which might be advisable, including -

(1) any adjustment the Railroad Retirement Board recommends

regarding the rates of taxes imposed by sections 3201(b),

3211(a)(2), and 3221(b) of the Internal Revenue Code of 1986 [26

U.S.C. 3201(b), 3211(a)(2), 3221(b)], and

(2) if there are sufficient reserves in the Railroad Retirement

Account, whether -

(A) the rates of such taxes should be reduced, or

(B) any part of the tax imposed by section 3221(b) of such

Code should be diverted to the Railroad Unemployment Insurance

Account to aid in the repayment of its debt to the Railroad

Retirement Account.

-SOURCE-

(Pub. L. 98-76, title V, Sec. 502, Aug. 12, 1983, 97 Stat. 440;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

104-66, title II, Sec. 2221(a), Dec. 21, 1995, 109 Stat. 733.)

-COD-

CODIFICATION

Section was enacted as part of the Railroad Retirement Solvency

Act of 1983, and not as part of the Railroad Retirement Act of 1974

which comprises this subchapter.

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-66 which directed the amendment of this

section by substituting "As part of the annual report required

under section 231u(a) of this title" for "On or before July 1,

1985, and each calendar year thereafter", was executed by making

the substitution for "On or before July 1 of 1985, and of each

calendar year thereafter", to reflect the probable intent of

Congress.

1986 - Par. (1). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

-End-

-CITE-

45 USC Sec. 231g 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231g. Court jurisdiction

-STATUTE-

Decisions of the Board determining the rights or liabilities of

any person under this subchapter shall be subject to judicial

review in the same manner, subject to the same limitations, and all

provisions of law shall apply in the same manner as though the

decision were a determination of corresponding rights or

liabilities under the Railroad Unemployment Insurance Act [45

U.S.C. 351 et seq.] except that the time within which proceedings

for the review of a decision with respect to an annuity,

supplemental annuity, or lump-sum benefit may be commenced shall be

one year after the decision will have been entered upon the records

of the Board and communicated to the claimant.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 8, 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. 1343.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Unemployment Insurance Act, referred to in text, is

act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is

classified principally to chapter 11 (Sec. 351 et seq.) of this

title. For complete classification of this Act to the Code, see

section 367 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 231f of this title.

-End-

-CITE-

45 USC Sec. 231h 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231h. Returns of compensation; conclusiveness

-STATUTE-

Employers shall file with the Board, in such manner and form and

at such times as the Board by rules and regulations may prescribe,

returns of compensation of employees, and, if the Board shall so

require, shall furnish employees with statements of their

compensation as reported to the Board. The Board's record of the

compensation so returned shall be conclusive as to the amount of

compensation paid to an employee during each period covered by the

return, and the fact that the Board's records show that no return

was made of the compensation claimed to have been paid to an

employee during a particular period shall be taken as conclusive

that no compensation was paid to such employee during that period,

unless the error in the amount of compensation returned in the one

case, or the failure to make return of the compensation in the

other case, is called to the attention of the Board within four

years after the day on which return of the compensation was

required to be made.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 9, 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. 1343.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 231, 231b, 231f of this

title.

-End-

-CITE-

45 USC Sec. 231i 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231i. Erroneous payments

-STATUTE-

(a) Recovery

If the Board finds that at any time more than the correct amount

of annuities or other benefits has been paid to any individual

under this subchapter, or payment has been made to an individual

not entitled thereto, recovery by adjustment in subsequent payments

to which such individual, or any other individual on the basis of

the same compensation, wages, or self-employment income, is

entitled under this subchapter, or the Railroad Unemployment

Insurance Act [45 U.S.C. 351 et seq.] may, except as otherwise

provided in this section, be made under regulations prescribed by

the Board. If the individual to whom more than the correct amount

has been paid dies before recovery is completed, recovery may be

made by setoff or adjustments, under regulations prescribed by the

Board, in subsequent payments due, under this subchapter, or the

Railroad Unemployment Insurance Act, to the estate of such

individual or to any person on the basis of the compensation,

wages, or self-employment income of such individual. The Board

shall have the authority to recover from any payment which would be

made to an individual by the Board under section 231f(b)(2) of this

title the amount of annuity payments made to such individual which

are erroneous because of such individual's entitlement to monthly

insurance benefits under title II of the Social Security Act [42

U.S.C. 401 et seq.].

(b) Adjustments

Adjustments under this section may be made either by deductions

from subsequent payments or, with respect to payments which are to

be made during a lifetime or lifetimes, by subtracting the total

amount of annuities or other benefits paid in excess of the proper

amount from the actuarial value, as determined by the Board, of

such payments to be made during a lifetime or lifetimes and

recertifying such payments on the basis of the reduced actuarial

value. In the latter case, recovery shall be deemed to have been

completed upon such recertification.

There shall be no recovery in any case in which more than the

correct amount of annuities or other benefits has been paid under

this subchapter to an individual or payment has been made to an

individual not entitled thereto who, in the judgment of the Board,

is without fault when, in the judgment of the Board, recovery would

be contrary to the purpose of this subchapter or the Railroad

Unemployment Insurance Act [45 U.S.C. 351 et seq.] or would be

against equity or good conscience.

(d) Liability of officers

No certifying or disbursing officer shall be held liable for any

amount certified or paid by him in good faith to any person where

the recovery of such amount is waived under subsection (c) of this

section or has been begun but cannot be completed under subsection

(a) of this section.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 10, 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. 1344; amended Pub. L. 97-35, title XI,

Sec. 1123, Aug. 13, 1981, 95 Stat. 638.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Unemployment Insurance Act, referred to in subsecs.

(a) and (c), is act June 25, 1938, ch. 680, 52 Stat. 1094, as

amended, which is classified principally to chapter 11 (Sec. 351 et

seq.) of this title. For complete classification of this Act to the

Code, see section 367 of this title and Tables.

The Social Security Act, referred to in subsec. (a), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social

Security Act is classified generally to subchapter II (Sec. 401 et

seq.) of chapter 7 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.

-MISC1-

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-35 inserted provisions authorizing

Board to recover from any payment which would be made to an

individual by Board under section 231f(b)(2) of this title amount

of annuity payments made to such individual which are erroneous

because of such individual's entitlement to monthly insurance

benefits under title II of the Social Security Act.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Jan. 1, 1975, see section

1129 of Pub. L. 97-35, set out as a note under section 231 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 231f of this title.

-End-

-CITE-

45 USC Sec. 231j 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231j. Waiver of annuities

-STATUTE-

Any person awarded an annuity under this subchapter may decline

to accept all or any part of such annuity by a waiver signed and

filed with the Board. Such a waiver may be revoked in writing at

any time, but no payment of the annuity waived shall be made

covering the period during which such waiver was in effect. Such a

waiver will have no effect on entitlement to, or the amount of, any

other annuity or benefit.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 11, 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. 1344.)

-End-

-CITE-

45 USC Sec. 231k 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231k. Incompetence

-STATUTE-

(a) Every individual receiving or claiming benefits, or to whom

any right or privilege is extended, under this subchapter or any

other Act of Congress now or hereafter administered, in whole or in

part, by the Board shall be conclusively presumed to have been

competent until the date on which the Board receives written

notice, in a form and manner acceptable to the Board, that he is an

incompetent, or a minor, for whom a guardian or other person

legally vested with the care of his person or estate has been

appointed: Provided, however, That, regardless of the legal

competency or incompetency of an individual entitled to a benefit

administered by the Board, the Board may, if it finds the interest

of such individual to be served thereby, recognize actions by, and

conduct transactions with, and make payments to, such individual,

or recognize actions by, and conduct transactions with, and make

payments to, a relative or some other person for such individual's

use and benefit.

(b) Every guardian or other person legally vested with the care

of the person or estate of an incompetent or minor who is receiving

or claiming benefits, or to whom any right or privilege is

extended, under this subchapter or any other Act of Congress now or

hereafter administered, in whole or in part, by the Board shall

have power everywhere, in the manner and to the extent prescribed

by the Board, but subject to the provisions of the preceding

subsection, to take any action necessary or appropriate to perfect

any right or exercise any privilege of the incompetent or minor and

to conduct all transactions on his behalf under this subchapter or

any other Act of Congress now or hereafter administered, in whole

or in part, by the Board. Any payment made pursuant to the

provisions of this section shall be a complete settlement and

satisfaction of any claim, right, or interest in and to such

payment.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 12, 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. 1345.)

-End-

-CITE-

45 USC Sec. 231l 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231l. Penalties

-STATUTE-

(a) Any person who shall knowingly fail or refuse to make any

report or furnish any information required by the Board in the

administration of this subchapter, including the provisions of

section 231f(b)(2) of this title or who shall knowingly make or

cause to be made any false or fraudulent statement or report when a

statement or report is required to be made for the purpose of this

subchapter, or who shall knowingly make or aid in making any false

or fraudulent statement or claim for the purpose of causing an

award or payment to be made, shall be punished by a fine of not

more than $10,000 or by imprisonment not exceeding one year, or

both.

(b) All fines and penalties imposed by a court pursuant to this

subchapter shall be paid to the court and be remitted from time to

time by order of the judge to the Treasury of the United States to

be credited to the Railroad Retirement Account.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 13, 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. 1345.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 231d of this title.

-End-

-CITE-

45 USC Sec. 231m 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231m. Assignability; exemption from levy

-STATUTE-

(a) Except as provided in subsection (b) of this section and the

Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.],

notwithstanding any other law of the United States, or of any

State, territory, or the District of Columbia, no annuity or

supplemental annuity shall be assignable or be subject to any tax

or to garnishment, attachment, or other legal process under any

circumstances whatsoever, nor shall the payment thereof be

anticipated (!1)

(b)(1) This section shall not operate to exclude the amount of

any supplemental annuity paid to an individual under section

231a(b) of this title from income taxable pursuant to the Federal

income tax provisions of the Internal Revenue Code of 1986 [26

U.S.C. 1 et seq.].

(2) This section shall not operate to prohibit the

characterization or treatment of that portion of an annuity under

this subchapter which is not computed under section 231b(a),

231c(a), or 231c(f) of this title, or any portion of a supplemental

annuity under this subchapter, as community property for the

purposes of, or property subject to, distribution in accordance

with a court decree of divorce, annulment, or legal separation or

the terms of any court-approved property settlement incident to any

such court decree. The Board shall make payments of such portions

in accordance with any such characterization or treatment or any

such decree or settlement.

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 14, 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. 1345; amended Pub. L. 98-76, title IV,

Sec. 419(a), Aug. 12, 1983, 97 Stat. 438; Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Subsecs. (a), (b)(1). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

1983 - Subsec. (a). Pub. L. 98-76, Sec. 419(a)(1), substituted

"(a) Except as provided in subsection (b) of this section and the

Internal Revenue Code of 1954, notwithstanding" for

"Notwithstanding".

Subsec. (b)(1). Pub. L. 98-76, Sec. 419(a)(2), substituted

"(b)(1) This" for ": Provided, however, That the provisions of

this".

Subsec. (b)(2). Pub. L. 98-76, Sec. 419(a)(3), added par. (2).

EFFECTIVE DATE OF 1983 AMENDMENT

Section 419(b) of Pub. L. 98-76 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to annuity amounts payable for months beginning after the

date of the enactment of this Act [Aug. 12, 1983]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 3716.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

-CITE-

45 USC Sec. 231n 01/06/03

-EXPCITE-

TITLE 45 - RAILROADS

CHAPTER 9 - RETIREMENT OF RAILROAD EMPLOYEES

SUBCHAPTER IV - RAILROAD RETIREMENT ACT OF 1974

-HEAD-

Sec. 231n. Railroad Retirement Account

-STATUTE-

(a) Maintenance of account; authorization of appropriations

The Railroad Retirement Account established by section 15(a) of

the Railroad Retirement Act of 1937 [45 U.S.C. 228o(a)] shall

continue to be maintained in the Treasury of the United States.

There is hereby appropriated to such Account for each fiscal year,

beginning with the fiscal year ending June 30, 1975, to provide for

the payment of benefits to be made from such Account in accordance

with the provisions of section 231f(c)(1) of this title, and to

provide for expenses necessary for the Board in the administration

of all provisions of this subchapter, an amount equal to amounts

covered into the Treasury (minus refunds) during each fiscal year

under the Railroad Retirement Tax Act [26 U.S.C. 3201 et seq.].

(b) Authorization of appropriations; military service costs and

administrative expenses

In addition to the amount appropriated in subsection (a) of this

section, there is hereby authorized to be appropriated to the

Railroad Retirement Account for each fiscal year, beginning with

the fiscal year ending June 30, 1975, such amount as the Board

determines to be necessary to meet (A) the additional costs,

resulting from the crediting of military service under this

subchapter, of benefits payable under section 231a of this title,

but only to the extent that such Account is not reimbursed for such

costs under section 231f(c)(2) of this title, (B) the additional

administrative expenses resulting from the crediting of military

service under this subchapter, and (C) any loss in interest to such

Account resulting from the payment of additional benefits based on

military service credited under this subchapter: Provided, however,

That, in determining the amount to be appropriated to the Railroad

Retirement Account for any fiscal year pursuant to the provisions

of this subsection, there shall not be considered any costs

resulting from the crediting of military service under this

subchapter for which appropriations to such Account have already

been made pursuant to section 4(l) of the Railroad Retirement Act

of 1937 [45 U.S.C. 228c-1(l)]. Any determination as to loss in

interest to the Railroad Retirement Account pursuant to clause (C)

of the first sentence of this subsection shall take into account

interest from the date each annuity based, in part, on military

service began to accrue or was increased to the date or dates on

which the amount appropriated is credited to the Account. The cost

resulting from the payment of additional benefits under this

subchapter based on military service determined pursuant to the

preceding provisions of this subsection shall be adjusted by

applying thereto the ratio of the total net level cost of all

benefits under this subchapter to the portion of such net level

cost remaining after the exclusion of administrative expenses and

interest charges on the unfunded accrued liability as determined

under the last completed actuarial valuation pursuant to the

provisions of subsection (g) of this section. At the close of the

fiscal year ending June 30, 1975, and each fiscal year thereafter,

the Board shall, as promptly as practicable, determine the amount

to be appropriated to the Account pursuant to the provisions of

this subsection, and shall certify such amount to the Secretary of

the Treasury for transfer from the general fund in the Treasury to

the Railroad Retirement Account. When authorized by an

appropriation Act, the Secretary of the Treasury shall transfer to

the Railroad Retirement Account from the general fund in the

Treasury such amounts as, from time to time, may be determined by

the Board pursuant to the provisions of this subsection and

certified by the Board for transfer to such Account. In any

determination made pursuant to section 231f(c)(2) of this title, no

further charges shall be made against the Trust Funds established

by title II of the Social Security Act [42 U.S.C. 401 et seq.] for

military service rendered before January 1, 1957, and with respect

to which appropriations authorized by clause (2) of the first

sentence of section 4(l) of the Railroad Retirement Act of 1937

shall have been credited to the Railroad Retirement Account, but

the additional benefit payments incurred by such Trust Funds by

reason of such military service shall be taken in account in making

any such determination.

115 Stat. 887

(d) Dual Benefits Payments Account

(1) There is hereby created an account in the Treasury of the

United States to be known as the Dual Benefits Payments Account.

There is hereby authorized to be appropriated to such account for

each fiscal year beginning with the fiscal year ending September

30, 1982, such sums as are necessary to pay during such fiscal year

the amounts of annuities estimated by the Board to be paid under

sections 231b(h), 231c(e), and 231c(h) of this title and under

sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law

93-445. Not more than 30 days prior to each fiscal year beginning

with the fiscal year ending September 30, 1982, the Board may

request the Secretary of the Treasury to transfer from the Railroad

Retirement Account to the credit of the Dual Benefits Payments

Account any amount not exceeding the amount that the Board

estimates will be necessary to pay on the first day of the next

succeeding month the annuity amounts under sections 231b(h),

231c(e), and 231c(h) of this title and under sections 204(a)(3),

204(a)(4), 206(3), and 207(3) of Public Law 93-445, taking into

account any reduction in such annuity amounts as determined under

section 231f(c)(1) of this title, and the Secretary of the Treasury

shall make such transfer, but at no time shall the total amount of

money outstanding to the Dual Benefits Payments Account from the

Railroad Retirement Account exceed the amount necessary to pay the

annuity amounts under sections 231b(h), 231c(e), and 231c(h) of

this title and sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of

Public Law 93-445 for one month. Not more than 10 days after the

funds appropriated to the Dual Benefits Payments Account for each

such fiscal year are received into such Account, the Board shall

request the Secretary of the Treasury to retransfer from the Dual

Benefits Payments Account to the credit of the Railroad Retirement

Account an amount equal to the amount transferred to the Dual

Benefits Payments Account prior to or during such fiscal year under

the preceding sentence, together with such additional amount

determined by the Board to be equal to the loss of interest to the

Railroad Retirement Account resulting from such transfer, and the

Secretary of the Treasury shall make such retransfer. The Secretary

of the Treasury shall from time to time transfer from the Dual

Benefits Payments Account to the disbursing agent under section

231f(b)(4) of this title amounts necessary to pay benefits payable

from that Account.

(2) The Secretary of the Treasury -

(i) shall transfer from the general fund as a loan to the Board

on January 1, 1984, one-third of the special amount described in

subdivision (3) of this subsection;

(ii) shall transfer from the general fund as a loan to the

Board on January 1, 1985, one-third of the special amount

described in subdivision (3) of this subsection, plus an amount

equal to the interest that one-third would have earned had it

been in the Railroad Retirement Account since January 1, 1984;

and

(iii) shall transfer from the general fund as a loan to the

Board on January 1, 1986, the final one-third of the special

amount described in subdivision (3) of this subsection, plus an

amount equal to the interest that one-third would have earned had

it been in the Railroad Retirement Account since January 1, 1984.

(3) The special amount referred to in subdivision (2) of this

subsection is the amount which, as of January 1, 1984, would place

the Railroad Retirement Account in the same position it would have

been on that date if no annuity amounts had been paid during the

period beginning January 1, 1975 and ending September 30, 1981,

under sections 231b(h), 231c(e), and 231c(h) of this title and

under sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public

Law 93-445, and no sums had been appropriated as authorized in this

subsection.

(4) For the purposes of subdivision (2) of this subsection, the

Secretary of the Treasury is authorized to use as a public debt

transaction the proceeds of the sale of any securities issued after

August 12, 1983, under section 3102 of title 31 and the purposes

for which securities may be so issued are extended to include such

purposes.

(5) The amounts transferred to the Board as loans under

subdivision (2) of this subsection shall be deposited in the

Railroad Retirement Account.

(6) The amounts transferred as loans under subdivision (2) of

this subsection shall be repaid to the general fund to the extent

sums are appropriated for that purpose, and there are hereby

authorized to be appropriated, in addition to any other sums

authorized to be appropriated for the purposes of this subchapter

and from any sums in the Treasury not otherwise appropriated, such

sums as may be necessary to make such repayments.

(e) Investments

At the request and direction of the Board, it shall be the duty

of the Secretary of the Treasury (hereinafter referred to as the

"Secretary") to invest such portion of the amounts credited to the

Railroad Retirement Account and the Dual Benefits Payments Account

as are not transferred to the National Railroad Retirement

Investment Trust as the Board may determine in interest-bearing

obligations of the United States or in obligations guaranteed as to

both principal and interest by the United States. For such purpose

such obligations may be acquired (A) on original issue at the issue

price; or (B) by purchase of outstanding obligations at the market

price. The purposes for which obligations of the United States may

be issued under chapter 31 of title 31, are hereby extended to

authorize the issuance at par of special obligations exclusively to

the accounts. Such obligations issued for purchase by the accounts

shall have maturities fixed with due regard for the needs of the

accounts, and shall bear interest at a rate equal to the average

market yield, computed as of the end of the calendar month next

preceding the date of such issue, borne by all marketable

interest-bearing notes of the United States then forming a part of

the public debt that are not due or callable until after the

expiration of three years from the end of such calendar month,

except that where such rate is not a multiple of one-eighth of 1

per centum, the rate of interest on such obligation shall be the

multiple of one-eighth of 1 per centum nearest such rate: Provided,

That the rate of interest on such obligations shall in no case be

less than 3 per centum per annum. At the request of the Board the

Secretary shall purchase other interest-bearing obligations of the

United States, or obligations guaranteed as to both principal and

interest by the United States, or other obligations which are

lawful investments for trust funds of the United States, on

original issue or at the market price: Provided, That the interest

yield of such obligations shall not be less than the interest rate

determined in accordance with the preceding sentence. At the

request of the Board, the Secretary shall sell at the market price

such obligations in the accounts (other than special obligations

issued exclusively to the accounts) as the Board designates. The

Board shall from time to time request the Secretary to redeem such

special obligations issued exclusively to the accounts as the Board

designates and upon such request the Secretary shall redeem such

obligations at par plus accrued interest. All requests of the Board

to the Secretary, provided for in this subsection, shall be

mandatory upon the Secretary. It shall be the duty of the Board to

determine at all times what proportion of the accounts shall be

invested in other than special obligations issued to the accounts

and further to determine which of such obligations available to the

accounts consistent with the requirements of this subsection will

provide the greatest rate of return on the funds invested.

(f) Actuarial Advisory Committee

The Board is hereby authorized and directed to select two

actuaries, one from recommendations made by representatives of

employees and the other from recommendations made by

representatives of employers as defined in paragraph (i) of section

231(a)(1) of this title. These actuaries, along with a third who

shall be designated by the Secretary of the Treasury, shall be

known as the Actuarial Advisory Committee with respect to the

Railroad Retirement Account. The actuaries so selected shall hold

membership in the American Academy of Actuaries and shall be

qualified in the evaluation of pension plans: Provided, however,

That these requirements shall not apply to any actuary who served

as a member of the Committee prior to January 1, 1975. The

Committee shall examine the actuarial reports and estimates made by

the Board and shall have authority to recommend to the Board such

changes in actuarial methods as they may deem necessary. The

compensation of the members of the Committee, exclusive of the

member designated by the Secretary, shall be fixed by the Board on

a per diem basis.

(g) Annual report

The Board shall include in its annual report a statement of the

status and the operations of the Railroad Retirement and Railroad

Retirement Supplemental Accounts, and the Dual Benefits Payments

Account. At intervals not longer than three years the Board shall

make an estimate of the liabilities created by this subchapter and

shall include such estimate in its annual report.

(h) Authorization of appropriations; administrative expenses of

subchapter

There are hereby authorized to be appropriated from time to time

such sums as may be necessary to provide for the expenses of the

Board in administering the provisions of this subchapter.

(i) Crediting of accounts for unnegotiated benefit checks

(1) The Secretary of the Treasury shall implement procedures to

permit the identification of each check issued for benefits under

this subchapter that has not been presented for payment by the

close of the sixth month following the month of its issuance.

(2) The Secretary of the Treasury shall, on a monthly basis,

credit each account established in the Treasury for the payment of

benefits under this subchapter for the proportionate amount of

benefit checks (including interest thereon) drawn on each such

Account more than six months previously but not presented for

payment and not previously credited to such Account, to the extent

provided in advance in appropriation Acts.

(3) If a benefit check is presented for payment to the Treasury

and the amount of the appropriate portion thereof has been

previously credited pursuant to paragraph (2) to an Account or

Accounts, the Secretary of the Treasury shall nevertheless pay such

check, if otherwise proper, recharge such Account or Accounts for

the amount of such check attributable to such Account or Accounts

and notify the Board.

(4) A benefit check bearing a current date may be issued to an

individual who did not negotiate the original benefit check and who

surrenders such check for cancellation if the Secretary of the

Treasury determines it is necessary to effect proper payment of

benefits.

(j) National Railroad Retirement Investment Trust

(1) Establishment

The National Railroad Retirement Investment Trust (hereinafter

in this subsection referred to as the "Trust") is hereby

established as a trust domiciled in the District of Columbia and

shall, to the extent not inconsistent with this subchapter, be

subject to the laws of the District of Columbia applicable to

such trusts. The Trust shall manage and invest its assets in the

manner set forth in this subsection.

(2) Not a Federal agency or instrumentality

The Trust is not a department, agency, or instrumentality of

the Government of the United States and shall not be subject to

title 31.

(3) Board of Trustees

(A) Generally

(i) Membership

The Trust shall have a Board of Trustees, consisting of 7

members. Three shall represent the interests of labor, 3

shall represent the interests of management, and 1 shall be

an independent Trustee. The members of the Board of Trustees

shall not be considered officers or employees of the

Government of the United States.

(ii) Selection

(I) The 3 members representing the interests of labor shall

be selected by the joint recommendation of labor

organizations, national in scope, organized in accordance

with sections 151a and 152 of this title, and representing at

least 2/3 of all active employees, represented by such

national labor organizations, covered under this subchapter.

(II) The 3 members representing the interests of management

shall be selected by the joint recommendation of carriers as

defined in section 151 of this title employing at least 2/3

of all active employees covered under this subchapter.

(III) The independent member shall be selected by a

majority of the other 6 members of the Board of Trustees.

A member of the Board of Trustees may be removed in the same

manner and by the same constituency that selected that

member.

(iii) Dispute resolution

In the event that the parties specified in subclause (I),

(II), or (III) of the previous clause cannot agree on the

selection of Trustees within 60 days of the date of enactment

or 60 days from any subsequent date that a position of the

Board of Trustees becomes vacant, an impartial umpire to

decide such dispute shall, on the petition of a party to the

dispute, be appointed by the District Court of the United

States for the District of Columbia.

(B) Qualifications

Members of the Board of Trustees shall be appointed only from

among persons who have experience and expertise in the

management of financial investments and pension plans. No

member of the Railroad Retirement Board shall be eligible to be

a member of the Board of Trustees.

Except as provided in this subparagraph, each member shall be

appointed for a 3-year term. The initial members appointed

under this paragraph shall be divided into equal groups so

nearly as may be, of which one group will be appointed for a

1-year term, one for a 2-year term, and one for a 3-year term.

The Trustee initially selected pursuant to clause (ii)(III)

shall be appointed to a 3-year term. A vacancy in the Board of

Trustees shall not affect the powers of the Board of Trustees

and shall be filled in the same manner as the selection of the

member whose departure caused the vacancy. Upon the expiration

of a term of a member of the Board of Trustees, that member

shall continue to serve until a successor is appointed.

(4) Powers of the Board of Trustees

The Board of Trustees shall -

(A) retain independent advisers to assist it in the

formulation and adoption of its investment guidelines;

(B) retain independent investment managers to invest the

assets of the Trust in a manner consistent with such investment

guidelines;

adopted in subparagraph (A);

(D) pay administrative expenses of the Trust from the assets

in the Trust; and

(E) transfer money to the disbursing agent or as otherwise

provided in section 231f(b)(4) of this title, to pay benefits

payable under this subchapter from the assets of the Trust.

(5) Reporting requirements and fiduciary standards

The following reporting requirements and fiduciary standards

shall apply with respect to the Trust:

(A) Duties of the Board of Trustees

The Trust and each member of the Board of Trustees shall

discharge their duties (including the voting of proxies) with

respect to the assets of the Trust solely in the interest of

the Railroad Retirement Board and through it, the participants

and beneficiaries of the programs funded under this subchapter

(i) for the exclusive purpose of -

(I) providing benefits to participants and their

beneficiaries; and

(II) defraying reasonable expenses of administering the

functions of the Trust;

(ii) with the care, skill, prudence, and diligence under

the circumstances then prevailing that a prudent person

acting in a like capacity and familiar with such matters

would use in the conduct of an enterprise of a like character

and with like aims;

(iii) by diversifying investments so as to minimize the

risk of large losses and to avoid disproportionate influence

over a particular industry or firm, unless under the

circumstances it is clearly prudent not to do so; and

(iv) in accordance with Trust governing documents and

instruments insofar as such documents and instruments are

consistent with this subchapter.

(B) Prohibitions with respect to members of the Board of

Trustees

No member of the Board of Trustees shall -

(i) deal with the assets of the Trust in the trustee's own

interest or for the trustee's own account;

(ii) in an individual or in any other capacity act in any

transaction involving the assets of the Trust on behalf of a

party (or represent a party) whose interests are adverse to

the interests of the Trust, the Railroad Retirement Board, or

the interests of participants or beneficiaries; or

(iii) receive any consideration for the trustee's own

personal account from any party dealing with the assets of

the Trust.

Any provision in an agreement or instrument that purports to

relieve a trustee from responsibility or liability for any

responsibility, obligation, or duty under this subchapter shall

be void: Provided, however, That nothing shall preclude -

(i) the Trust from purchasing insurance for its trustees or

for itself to cover liability or losses occurring by reason

of the act or omission of a trustee, if such insurance

permits recourse by the insurer against the trustee in the

case of a breach of a fiduciary obligation by such trustee;

(ii) a trustee from purchasing insurance to cover liability

under this section from and for his own account; or

(iii) an employer or an employee organization from

purchasing insurance to cover potential liability of one or

more trustees with respect to their fiduciary

responsibilities, obligations, and duties under this section.

(D) Bonding

Every trustee and every person who handles funds or other

property of the Trust (hereafter in this subsection referred to

as "Trust official") shall be bonded. Such bond shall provide

protection to the Trust against loss by reason of acts of fraud

or dishonesty on the part of any Trust official, directly or

through the connivance of others, and shall be in accordance

with the following:

(i) The amount of such bond shall be fixed at the beginning

of each fiscal year of the Trust by the Railroad Retirement

Board. Such amount shall not be less than 10 percent of the

amount of the funds handled. In no case shall such bond be

less than $1,000 nor more than $500,000, except that the

Railroad Retirement Board, after consideration of the record,

may prescribe an amount in excess of $500,000, subject to the

10 per centum limitation of the preceding sentence.

(ii) It shall be unlawful for any Trust official to

receive, handle, disburse, or otherwise exercise custody or

control of any of the funds or other property of the Trust

without being bonded as required by this subsection and it

shall be unlawful for any Trust official, or any other person

having authority to direct the performance of such functions,

to permit such functions, or any of them, to be performed by

any Trust official, with respect to whom the requirements of

this subsection have not been met.

(iii) It shall be unlawful for any person to procure any

bond required by this subsection from any surety or other

company or through any agent or broker in whose business

operations such person has any control or significant

financial interest, direct or indirect.

(E) Audit and report

(i) The Trust shall annually engage an independent qualified

public accountant to audit the financial statements of the

Trust.

(ii) The Trust shall submit an annual management report to

the Congress not later than 180 days after the end of the

Trust's fiscal year. A management report under this subsection

shall include -

(I) a statement of financial position;

(II) a statement of operations;

(III) a statement of cash flows;

(IV) a statement on internal accounting and administrative

control systems;

(V) the report resulting from an audit of the financial

statements of the Trust conducted under clause (i); and

(VI) any other comments and information necessary to inform

the Congress about the operations and financial condition of

the Trust.

(iii) The Trust shall provide the President, the Railroad

Retirement Board, and the Director of the Office of Management

and Budget a copy of the management report when it is submitted

to Congress.

(F) Enforcement

The Railroad Retirement Board may bring a civil action -

(i) to enjoin any act or practice by the Trust, its Board

of Trustees, or its employees or agents that violates any

provision of this subchapter; or

(ii) to obtain other appropriate relief to redress such

violations, or to enforce any provisions of this subchapter.

(6) Rules and administrative powers

The Board of Trustees shall have the authority to make rules to

govern its operations, employ professional staff, and contract

with outside advisers, including the Railroad Retirement Board,

to provide legal, accounting, investment advisory, or other

services necessary for the proper administration of this

subsection. In the case of contracts with investment advisory

services, compensation for such services may be on a fixed

contract fee basis or on such other terms and conditions as are

customary for such services.

(7) Quorum

Five members of the Board of Trustees constitute a quorum to do

business. Investment guidelines must be adopted by a unanimous

vote of the entire Board of Trustees. All other decisions of the

Board of Trustees shall be decided by a majority vote of the

quorum present. All decisions of the Board of Trustees shall be

entered upon the records of the Board of Trustees.

(8) Funding

The expenses of the Trust and the Board of Trustees incurred

under this subsection shall be paid from the Trust.

(k) Transfers to the Trust

The Board shall, upon establishment of the National Railroad

Retirement Investment Trust and from time to time thereafter,

direct the Secretary of the Treasury to transfer, in such manner as

will maximize the investment returns to the Railroad Retirement

system, that portion of the Railroad Retirement Account that is not

needed to pay current administrative expenses of the Board to the

National Railroad Retirement Investment Trust. The Secretary shall

make that transfer.

(l) National Railroad Retirement Investment Trust

The National Railroad Retirement Investment Trust shall from time

to time transfer to the disbursing agent described in section

231f(b)(4) of this title or as otherwise directed by the Railroad

Retirement Board pursuant to section 231f(b)(4) of this title, such

amounts as may be necessary to pay benefits under this subchapter

(other than benefits paid from the Social Security Equivalent

Benefit Account or the Dual Benefit Payments Account).

-SOURCE-

(Aug. 29, 1935, ch. 812, Sec. 15, 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. 1346; amended Pub. L. 94-92, title II,

Sec. 201(a)-(d), Aug. 9, 1975, 89 Stat. 464, 465; Pub. L. 94-547,

Sec. 3(a), Oct. 18, 1976, 90 Stat. 2525; Pub. L. 97-34, title VII,

Sec. 742, Aug. 13, 1981, 95 Stat. 348; Pub. L. 97-35, title XI,

Secs. 1124, 1127(a), Aug. 13, 1981, 95 Stat. 639, 641; Pub. L.

98-76, title III, Sec. 301(b), title IV, Secs. 401(a), 417(a), Aug.

12, 1983, 97 Stat. 431, 433, 437; Pub. L. 107-90, title I, Secs.

105(a), (b), 106(b), (c), 107(a), (b), (d), Dec. 21, 2001, 115

Stat. 882, 886-889.)

-REFTEXT-

REFERENCES IN TEXT

Sections 4 and 15 of the Railroad Retirement Act of 1937,

referred to in subsecs. (a) and (b)(1), which were classified to

sections 228c-1 and 228o of this title, have been omitted from the

Code.

The Railroad Retirement Tax Act, referred to in subsec. (a), is

act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221, and

3231 to 3233, 68A Stat. 431, as amended, which is classified

generally to chapter 22 (Sec. 3201 et seq.) of Title 26, Internal

Revenue Code. For complete classification of this Act to the Code,

see section 3233 of Title 26 and Tables.

Sections 204, 206, and 207 of Pub. L. 93-445, referred to in

subsec. (d)(1), (3), are sections 204, 206, and 207 of title II of

Pub. L. 93-445, and are set out as part of a Transitional

Provisions note under section 231 of this title.

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social

Security Act is classified generally to subchapter II (Sec. 401 et

seq.) of chapter 7 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.

Within 60 days of the date of enactment, referred to in subsec.

(j)(3)(A)(iii), probably means within 60 days of the date of

enactment of Pub. L. 107-90, which enacted subsec. (j) and was

approved Dec. 21, 2001.

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-90, Sec. 106(c), struck out

before period at end ", except those portions of the amounts

covered into the Treasury under sections 3211(b), 3221(c), and

3221(d) of such Tax Act as are necessary to provide sufficient

funds to meet the obligation to pay supplemental annuities at the

level provided under section 231b(e) of this title and, with

respect to those entitled to supplemental annuities under section

205(a) of title II of this Act, at the level provided under section

205(a). The Board is directed to determine what portion of the

taxes collected under sections 3211(b), 3221(c), and 3221(d) of the

Railroad Retirement Tax Act is to be credited to the Railroad

Retirement Account pursuant to the preceding provisions of this

subsection and what portion of such taxes is to be credited to the

Railroad Retirement Supplemental Account pursuant to the provisions

of subsection (c) of this section. The Board shall make such a

determination with respect to each calendar quarter commencing with

the quarter beginning January 1, 1975, shall make each such

determination not later than fifteen days before each calendar

quarter, and shall, as soon as practicable after each such

determination, advise the Secretary of the Treasury of the

determination made. The Secretary of the Treasury shall credit the

amounts covered into the Treasury under sections 3211(b), 3221(c),

and 3221(d) of the Railroad Retirement Tax Act to the Railroad

Retirement Account and the Railroad Retirement Supplemental Account

in such proportions as is determined by the Board pursuant to the

provisions of this subsection".

Subsec. (c). Pub. L. 107-90, Sec. 106(b), struck out subsec. (c)

which read as follows: "The Railroad Retirement Supplemental

Account established by section 15(b) of the Railroad Retirement Act

of 1937 shall continue to be maintained in the Treasury of the

United States. There is hereby appropriated to such account for

each fiscal year, beginning with the fiscal year ending June 30,

1975, out of any moneys in the Treasury not otherwise appropriated,

to provide for the payment of supplemental annuities under section

231a(b) of this title, and to provide for the expenses necessary

for the Board in the administration of the payment of such

supplemental annuities, an amount equal to such portions of the

amounts covered into the Treasury (minus refunds) during each

fiscal year under sections 3211(b), 3221(c), and 3221(d) of the

Railroad Retirement Tax Act as are not appropriated to the Railroad

Retirement Account pursuant to the provisions of subsection (a) of

this section. Whenever the Board finds at any time that the balance

in the Railroad Retirement Supplemental Account will be

insufficient to pay the supplemental annuities which it estimates

are due, or will become due, under section 231a(b) of this title,

it shall request the Secretary of the Treasury to transfer from the

Railroad Retirement Account to the credit of the Railroad

Retirement Supplemental Account such moneys as the Board estimates

would be necessary for the payment of such supplemental annuities,

and the Secretary shall make such transfer. Whenever the Board

finds that the balance in the Railroad Retirement Supplemental

Account, without regard to the amounts transferred pursuant to the

next preceding sentence, is sufficient to pay such supplemental

annuities, it shall request the Secretary of the Treasury to

retransfer from the Railroad Retirement Supplemental Account to the

credit of the Railroad Retirement Account such moneys as in its

judgment are not needed for the payment of such supplemental

annuities, plus interest at an annual rate equal to the average

rate of interest borne by all special obligations held by the

Railroad Retirement Account on the last day of the preceding fiscal

year, rounded to the nearest multiple of one-eighth of 1 per

centum, and the Secretary shall make such retransfer."

Subsec. (d)(1). Pub. L. 107-90, Sec. 107(d), inserted at end "The

Secretary of the Treasury shall from time to time transfer from the

Dual Benefits Payments Account to the disbursing agent under

section 231f(b)(4) of this title amounts necessary to pay benefits

payable from that Account."

Subsec. (e). Pub. L. 107-90, Sec. 105(b)(1), substituted "and the

Dual Benefits Payments Account as are not transferred to the

National Railroad Retirement Investment Trust as the Board may

determine" for ", the Dual Benefits Payments Account and the

Railroad Retirement Supplemental Account as, in the judgment of the

Board, is not immediately required for the payment of annuities,

supplemental annuities, and death benefits. Such investments may be

made only".

Pub. L. 107-90, Sec. 105(b)(2), (3), substituted "chapter 31 of

title 31" for "the Second Liberty Bond Act, as amended" and "the

requirements of this subsection" for "the foregoing requirements".

Subsec. (j). Pub. L. 107-90, Sec. 105(a), added subsec. (j).

Subsec. (k). Pub. L. 107-90, Sec. 107(a), added subsec. (k).

Subsec. (l). Pub. L. 107-90, Sec. 107(b), added subsec. (l).

1983 - Subsec. (b). Pub. L. 98-76, Sec. 301(b), amended subsec.

(b) generally, redesignating par. (1) as subsec. (b) and striking

out par. (2) which read as follows: "In any month when the Board

finds that the balance in the Railroad Retirement Account is

insufficient to pay annuity amounts due to be paid during the

following month, the Board shall report to the Secretary of the

Treasury the additional amount of money necessary in order to make

such annuity payments, and the Secretary shall transfer to the

credit of the Railroad Retirement Account such additional amount

upon receiving such report from the Board. The total amount of

money outstanding to the Railroad Retirement Account from the

general fund at any time during any fiscal year shall not exceed

the total amount of money the Board and the Trustees of the Social

Security Trust Fund estimate will be transferred to the Railroad

Retirement Account pursuant to section 231f(c)(2) of this title

with respect to such fiscal year. Whenever the Board determines

that the sums in the Railroad Retirement Account are sufficient to

pay annuity amounts, the Board shall request the Secretary of the

Treasury to retransfer to the general fund from the Railroad

Retirement Account all or any part of the amount outstanding, and

the Secretary of the Treasury shall make such retransfer of the

amount requested. Not later than 10 days after a transfer to the

Railroad Retirement Account under section 231f(c)(2) of this title,

any amount of money outstanding to the Railroad Retirement Account

from the general fund under this subdivision shall be retransferred

in accordance with this subdivision. Any amount retransferred shall

include an amount of interest computed at a rate determined in

accordance with the following two sentences: The rate of interest

payable with respect to an amount outstanding for any month shall

be equal to the average investment yield for the most recent

auction (before such month) of United States Treasury bills with

maturities of 52 weeks, deeming any amount outstanding at the

beginning of a month to have been borrowed at the beginning of such

month. For this purpose the amount of interest computed in

accordance with the preceding sentence but not repaid by the end of

such month shall be added to the amount outstanding at the

beginning of the next month."

Subsec. (d)(1). Pub. L. 98-76, Sec. 401(a)(1)-(3), designated

existing provisions as par. (1), substituted "the amount that the

Board estimates will be necessary to pay on the first day of the

next succeeding month the annuity amounts under sections 231b(h),