Notes on 45 U.S.C. § 231 : US Code - Notes

Search Notes on 45 U.S.C. § 231 : US Code - Notes

(Aug. 29, 1935, ch. 812, Sec. 1, as restated June 24, 1937, ch.
382, pt. I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec.
101, Oct. 16, 1974, 88 Stat. 1305; amended Pub. L. 94-547, Sec.
4(a), Oct. 18, 1976, 90 Stat. 2526; Pub. L. 97-35, title XI, Sec.
1116, Aug. 13, 1981, 95 Stat. 628; Pub. L. 97-468, title VI, Sec.
615(b)(6), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98-76, title IV,
Secs. 402(a), 403(a), 410(a), Aug. 12, 1983, 97 Stat. 434, 435;
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-
647, title VII, Sec. 7304(a), Nov. 10, 1988, 102 Stat. 3778; Pub.
L. 101-239, title X, Sec. 10208(d)(2)(B)(ii), Dec. 19, 1989, 103
Stat. 2481; Pub. L. 104-88, title III, Sec. 323, Dec. 29, 1995, 109
Stat. 950.)
REFERENCES IN TEXT
The Railway Labor Act, referred to in subsecs. (a)(1)(v) and (c),
is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is
classified principally to chapter 8 (Sec. 151 et seq.) of this
title. For complete classification of this Act to the Code, see
section 151 of this title and Tables.
Section 6 of the Railroad Retirement Act of 1937, referred to in
subsec. (e)(2), which was classified to section 228f of this title,
has been omitted from the Code.
The Regional Rail Reorganization Act of 1973, referred to in
subsec. (h)(7), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as
amended. Section 701 of title VII of the Regional Rail
Reorganization Act of 1973 [45 U.S.C. 797] was repealed by Pub. L.
99-509, title IV, Sec. 4024(c), Oct. 21, 1986, 100 Stat. 1904,
effective on the sale date (Apr. 2, 1987). Title VII of the
Regional Rail Reorganization Act of 1973 is classified generally to
subchapter VII (Sec. 797 et seq.) of chapter 16 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 701 of this title and Tables.
The Social Security Act, referred to in subsecs. (n), (o), and
(r), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which
is classified generally to chapter 7 (Sec. 301 et seq.) of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see section 1305 of Title 42 and Tables.
The Alaska Railroad Transfer Act of 1982, referred to in subsec.
(o), is Pub. L. 97-468, title VI, Sec. 601 et seq., Jan 14, 1983,
96 Stat. 2556, as amended, which is classified principally to
chapter 21 (Sec. 1201 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 1201 of this title and Tables.
The Railroad Retirement Act of 1937, referred to in subsec. (o),
is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended generally
by act June 24, 1937, ch. 382, part I, 50 Stat. 307, which is
classified principally to subchapter III (Sec. 228a et seq.) of
this chapter. The Railroad Retirement Act of 1937 was amended
generally and redesignated the Railroad Retirement Act of 1974 by
Pub. L. 93-445, title I, Oct. 16, 1974, 88 Stat. 1305. The Railroad
Retirement Act of 1974 is classified generally to this subchapter.
For complete classification of these Acts to the Code, see Tables.
AMENDMENTS
1995 - Subsec. (a)(1)(i). Pub. L. 104-88, Sec. 323(1), added cl.
(i) and struck out former cl. (i) which read as follows: "any
express company, sleeping car company, and carrier by railroad,
subject to part I of the Interstate Commerce Act;".
Subsec. (a)(2)(ii). Pub. L. 104-88, Sec. 323(2), substituted
"Surface Transportation Board is hereby authorized and directed
upon request of the Railroad Retirement Board" for "Interstate
Commerce Commission is hereby authorized and directed upon request
of the Board".
Subsec. (o). Pub. L. 104-88, Sec. 323(3), inserted "the Surface
Transportation Board," after "the Interstate Commerce Commission,".
1989 - Subsec. (h)(5)(iii). Pub. L. 101-239 substituted "section
209(d)" for "the third paragraph of section 209".
1988 - Subsec. (g)(2). Pub. L. 100-647 inserted provision
designating the period beginning on June 15, 1948, and ending on
Dec. 15, 1950, as a war service period with respect to certain
individuals.
1986 - Subsec. (h)(4), (8). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954".
1983 - Subsec. (h)(6). Pub. L. 98-76, Sec. 402(a), struck out cl.
(ii) which provided that term "compensation" would not include the
voluntary payment by an employee, without deduction from the
remuneration of the employee, of any tax not now or thereafter
imposed with respect to the compensation of such employee, and
redesignated cls. (iii) to (vii) as (ii) to (vi), respectively.
Subsec. (h)(7). Pub. L. 98-76, Sec. 403(a), added par. (7).
Subsec. (h)(8). Pub. L. 98-76, Sec. 410(a), added par. (8).
Subsec. (o). Pub. L. 97-468 inserted "the State-owned railroad
(as defined in the Alaska Railroad Transfer Act of 1982 [45 U.S.C.
1201 et seq.]), so long as it is an instrumentality of the State of
Alaska," after "National Transportation Safety Board,".
1981 - Subsec. (f)(1). Pub. L. 97-35, Sec. 1116(a), substituted
"Ultimate fractions shall be taken at their actual value" for
"Ultimate fractions shall be taken at their actual value, except
that if the individual will have had not less than one hundred
twenty-six months of service, an ultimate fraction of six months or
more shall be taken as one year".
Subsec. (o). Pub. L. 97-35, Sec. 1116(b)(2), inserted after first
sentence "For purposes of section 231a(b) of this title and section
231a(d) of this title only, an individual shall be deemed also to
have 'a current connection with the railroad industry' if, after
having completed twenty-five years of service, such individual
involuntarily and without fault ceased rendering service as an
employee under this subchapter and did not thereafter decline an
offer of employment in the same class or craft as the individual's
most recent employee service. For purposes of section 231a(d) of
this title only, an individual shall be deemed to have a 'current
connection with the railroad industry' if a pension will have been
payable to that individual under the Railroad Retirement Act of
1937 or a retirement annuity based on service of not less than 10
years (as computed in awarding the annuity) will have begun to
accrue to that individual prior to 1948 under the Railroad
Retirement Act of 1937."
Pub. L. 97-35, Sec. 1116(b)(1), inserted reference to National
Transportation Safety Board.
1976 - Subsec. (h)(6)(vi), (vii). Pub. L. 94-547 added pars. (vi)
and (vii).
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of Title 49, Transportation.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 7304(b) of Pub. L. 100-647 provided that: "The amendment
made by this section [amending this section] shall apply with
respect to annuities accruing in months after the date of enactment
of this Act [Nov. 10, 1988]."
EFFECTIVE DATE OF 1983 AMENDMENTS
Section 402(c) of Pub. L. 98-76 provided that: "The amendments
made by this section [amending this section and section 351 of this
title] shall apply to compensation paid for services rendered after
June 30, 1983."
Section 403(c) of Pub. L. 98-76 provided that: "The amendments
made by this section [amending this section and section 351 of this
title] shall be effective August 13, 1981."
Section 410(b) of Pub. L. 98-76 provided that: "The amendment
made by this section [amending this section] shall apply with
respect to payments made on or after January 1, 1982."
Amendment by Pub. L. 97-468 effective on date of transfer of
Alaska Railroad to the State [Jan. 5, 1985], pursuant to section
1203 of this title, see section 615(b) of Pub. L. 97-468.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 1129 of Pub. L. 97-35, as amended by Pub. L. 99-514, Sec.
2, Oct. 22, 1986, 100 Stat. 2095, provided that:
"(a) Except as otherwise provided in this section, the amendments
made by this subtitle [subtitle D (Secs. 1116-1129 of title XI of
Pub. L. 97-35, enacting section 231u of this title, amending this
section and sections 231a to 231f, 231i, 231n, 231q, 355, and 358
of this title, and enacting provisions set out as a note under
section 231n of this title] shall take effect October 1, 1981, and
shall apply only with respect to annuities awarded on or after that
date.
"(b)(1) The amendment made by section 1116(a) of this Act
[amending this section] shall take effect October 1, 1981, except
that the years of service of an individual shall not be considered
less after enactment of this Act [Aug. 13, 1981] for any individual
who files an application before April 1, 1982 than such individual
had during the month of September 1981.
"(2) The amendments made by sections 1116(b)(1), 1118(c)(2),
1119(b)(5), 1119(c), 1119(h)(3), 1119(i)(3), 1120(a), 1120(d),
1121(c)(1), 1121(c)(2), 1123, and 1125 of this Act [amending this
section and sections 231b, 231c, 231d, 231e, 231i, and 231q of this
title] shall take effect January 1, 1975.
"(3) The first sentence added to section 1(o) of the Railroad
Retirement Act of 1974 [subsec. (o) of this section] by section
1116(b)(2) shall take effect October 1, 1981, and shall apply only
with respect to individuals who did not die before that date and
who ceased rendering service as an employee under the Railroad
Retirement Act of 1974 [this subchapter] on or after October 1,
1975 or were on leave of absence or furlough on October 1, 1975.
The second sentence added to section 1(o) of the Railroad
Retirement Act of 1974 by section 1116(b)(2) shall take effect
October 1, 1981.
"(c) The amendment made by section 1117(a) of this Act [amending
section 231a of this title] shall take effect October 1, 1981, and
shall apply only with respect to individuals whose supplemental
annuity closing date under section 2(b) of the Railroad Retirement
Act of 1974 [section 231a(b) of this title] before the effective
date of the amendment to such section by this Act did not occur
before October 1, 1981.
"(d) The amendments made by section 1119(b)(1) [amending section
231c of this title] shall not apply with respect to annuities
awarded on the basis of employee annuities awarded before October
1, 1981.
"(e)(1) The amendments made by sections 1118(e)(3), 1119(d)(2),
1119(h)(1), and 1119(h)(4) of this Act [amending sections 231b and
231c of this title] shall take effect on the date of the enactment
of this Act [Aug. 13, 1981].
"(2) The amendment made by section 1118(d) of this Act [amending
section 231b of this title] shall apply with respect to annuity
increases which become effective on or after the date described in
the next sentence. The date referred to in the last preceding
sentence is the later of October 1, 1981 and the date (after July
1, 1981) on which there is an increase in the rate of any tax
imposed under chapter 22 (relating to railroad retirement tax) of
the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [chapter
22 of Title 26, Internal Revenue Code]. For the purposes of the
amendment made by section 1118(d), with respect to annuities
awarded before October 1, 1981, the annuity portions computed under
subsections (b) and (d) of section 3 of the Railroad Retirement Act
of 1974 [section 231b(b) and (d) of this title] as in effect before
October 1, 1981, shall be treated as a portion of an annuity
computed under section 3(b) of such Act as amended by this Act.
"(3) The amendment made by section 1118(a) of this Act [amending
section 231b of this title] shall take effect on the later of
October 1, 1981, and the date (after July 1, 1981) on which there
is an increase in the rate of any tax imposed under chapter 22
(relating to railroad retirement tax) of the Internal Revenue Code
of 1986 [chapter 22 of Title 26], and shall apply only with respect
to annuities awarded on or after the date of that taking effect.
"(f) Section 4(g) of the Railroad Retirement Act of 1974 as
amended by this Act [section 231c(g) of this title] (except
subdivisions (5) and (6) of such section 4(g)) shall take effect
October 1, 1981, with respect to awards made on or after that date
in cases in which the employee did not begin receiving an annuity
under section 2(a)(1) of the Railroad Retirement Act of 1974
[section 231a(a)(1) of this title] before October 1, 1981, and did
not die before that date, and to all awards made on or after
October 1, 1986. In all other awards made on or after October 1,
1981, and before October 1, 1986, for purposes of determining the
initial annuity amounts only, the provisions of section 4(g) of the
Railroad Retirement Act of 1974, as in effect before amendment by
this Act shall be applicable. Initial annuity amounts determined
under the preceding sentence shall be increased only by the same
percentage, or percentages, as an employee's annuity amount
determined under section 3(b) of the Railroad Retirement Act of
1974 [section 231b(b) of this title] is increased under section
3(g) of the Railroad Retirement Act of 1974 [section 231b(g) of
this title] on or after the date on which such initial annuity
amount began to accrue. Annuity amounts determined under section
4(g) of the Railway Retirement Act of 1974 before amendment by this
Act or under section 207(2) of Public Law 93-445 [set out as a note
below] shall be increased only by the same percentage, or
percentages, as an employee's annuity amount determined under
section 3(b) of the Railroad Retirement Act of 1974 is increased
under section 3(g) of the Railroad Retirement Act of 1974 on or
after October 1, 1981. Section 4(g)(5) and 4(g)(6) of the Railroad
Retirement Act of 1974, as amended by this Act, shall take effect
on October 1, 1981.
"(g) The amendments made by sections 1118(b), 1118(g), 1120(b),
1122(a)(2), 1122(b)(1), 1122(c), 1124, 1126, and 1127 of this Act
[enacting section 231u of this title, amending sections 231b, 231d,
231f, and 231n of this title, and enacting provisions set out as a
note under section 231n of this title] shall take effect October 1,
1981.
"(h) The amendments made by sections 1117(e)(2), 1117(f),
1118(h)(2), and 1119(i)(4) [amending sections 231a, 231b, and 231c
of this title] shall take effect January 1, 1982."
EFFECTIVE DATE OF 1976 AMENDMENT
Section 4(c)(1) of Pub. L. 94-547 provided that: "The amendments
made by subsection (a) of this section [amending this section]
shall be effective January 1, 1975."
EFFECTIVE DATE
Section 602(a)-(d) of Pub. L. 93-445 provided that:
"(a) The provisions of title I of this Act [enacting this
subchapter] shall become effective on January 1, 1975, except as
otherwise provided herein: Provided, however, That annuities
awarded under section 2 of the Railroad Retirement Act of 1974
[section 231a of this title] on the basis of an application
therefor filed with the Board on or after such date may, subject to
the limitations prescribed in section 5(a) of such Act [section
231d(a) of this title], begin prior to such date, except that no
annuity under paragraph (ii) of section 2(a)(1) of such Act
[subsec. (a)(1) of section 231a of this title] shall begin to
accrue to a man prior to July 1, 1974.
"(b) The provision of section 1(o) of the Railroad Retirement Act
of 1974 [section 231(o) of this title] which provides that a
'current connection with the railroad industry' will not be broken
by 'employment with the Department of Transportation, the
Interstate Commerce Commission, the National Mediation Board, or
the Railroad Retirement Board' shall not be applicable (A) for
purposes of paragraph (iv) of section 2(a)(1) of such Act [section
231a(a)(1)(iv) of this title], to an individual who became
disabled, as provided for purposes of such paragraph, prior to
January 1, 1975, (B) for purposes of section 2(b)(1) of such Act
[section 231a(b)(1) of this title], to an individual whose annuity
under section 2(a) of the Railroad Retirement Act of 1937 [section
228b(a) of this title] or section 2(a)(1) of the Railroad
Retirement Act of 1974 [section 231a(1) of this title] first began
to accrue prior to January 1, 1975, and (C) for purposes of section
2(d)(1) [section 231a(d)(1) of this title] of such Act, to a
survivor of a deceased employee if such employee died prior to
January 1, 1975.
"(c) The provisions of clause (i)(B) and clause (ii)(B) of
section 2(c)(1) of the Railroad Retirement Act of 1974 [subsec.
(c)(1) of section 231a of this title] shall not be applicable to
the spouse of an individual if (A) such individual will have
completed thirty years of service and will have been awarded an
annuity under section 2(a) of the Railroad Retirement Act of 1937
[section 228b(a) of this title] or section 2(a)(1) of the Railroad
Retirement Act of 1974 [subsec. (a)(1) of section 231a of this
title] which first began to accrue prior to July 1, 1974, or (B)
such individual will have completed less than thirty years of
service and will have been awarded an annuity under section 2(a) of
the Railroad Retirement Act of 1937 [section 228b(a) of this title]
or section 2(a)(1) of the Railroad Retirement Act of 1974 [subsec.
(a)(1) section 231a of this title] which first began to accrue
prior to January 1, 1975. For purposes of the entitlement of the
spouse of an individual described in clause (A) or (B) of the
preceding sentence to an annuity under such section 2(c)(1)
[subsec. (c)(1) section 231a of this title], the provisions of
clause (i)(B) of such section 2(c)(1) [subsec. (c)(1) of section
231a of this title] shall be deemed to read: '(B) has attained the
age of 65'.
"(d) The provisions of section 2(b)(1) of the Railroad Retirement
Act of 1974 [subsec. (b)(1) of section 231a of this title] which
permit an individual to become entitled to a supplemental annuity
thereunder if he 'has attained age 60 and completed thirty years of
service' shall not be applicable to an individual who was awarded
an annuity under section 2(a) of the Railroad Retirement Act of
1937 [section 228b(a) of this title] or section 2(a)(1) of the
Railroad Retirement Act of 1974 [subsec. (a)(1) of section 231a of
this title] which first began to accrue prior to July 1, 1974."
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
FUNCTIONS
Interstate Commerce Commission abolished and functions of
Commission transferred, except as otherwise provided in Pub. L. 104-
88, to Surface Transportation Board effective Jan. 1, 1996, by
section 702 of Title 49, Transportation, and section 101 of Pub. L.
104-88, set out as a note under section 701 of Title 49. References
to Interstate Commerce Commission deemed to refer to Surface
Transportation Board, a member or employee of the Board, or
Secretary of Transportation, as appropriate, see section 205 of
Pub. L. 104-88, set out as a note under section 701 of Title 49.
TRANSITIONAL PROVISIONS
Sections 201 to 210 of title II of Pub. L. 93-445, effective Jan.
1, 1975, as amended by Pub. L. 94-92, title II, Sec. 202(a), Aug.
9, 1975, 89 Stat. 465; Pub. L. 94-547, Sec. 1, Oct. 18, 1976, 90
Stat. 2523, provided that:
"Sec. 201. The claims of individuals who, prior to the effective
date of title I of this Act [see Effective Date note set out
above], became eligible for annuities, supplemental annuities, or
death benefits under section 2, 3(j), or 5 of the Railroad
Retirement Act of 1937 [section 228b, 228c(j), or 228e of this
title] shall be adjudicated by the Board under that Act [subchapter
III of this chapter] in the same manner and with the same effect as
if title I of this Act [enacting this subchapter] had not been
enacted: Provided, however, That no annuity, supplemental annuity,
or death benefit shall be awarded under the Railroad Retirement Act
of 1937 [subchapter III of this chapter] on the basis of an
application therefor filed with the Board on or after the effective
date of title I of this Act: Provided, further, That no annuity
under the Railroad Retirement Act of 1935 [subchapter II of this
chapter], no annuity or supplemental annuity under the Railroad
Retirement Act of 1937 [subchapter III of this chapter], and no
pension under section 6 of the Railroad Retirement Act of 1937
[section 228f of this title] shall be payable for any month after
December 31, 1974.
"Sec. 202. (a) Every individual who would have been entitled to
an annuity under the Railroad Retirement Act of 1935 [subchapter II
of this chapter] for the month of January 1975, if this Act
[enacting this subchapter] had not been enacted, shall be entitled
to an annuity under paragraph (i) of section 2(a)(1) of the
Railroad Retirement Act of 1974 [section 231a(a)(1) of this title],
beginning January 1, 1975, in an amount determined under the
provisions of section 3(a) of such Act [section 231b(a) of this
title], which amount shall initially be equal to the amount
determined under clause (i) of section 3(a)(6) of the Railroad
Retirement Act of 1937 [section 228c(a)(6) of this title] for the
purpose of computing the last increase in such individual's annuity
under the Railroad Retirement Act of 1935 [subchapter II of this
chapter] pursuant to the provisions of section 105 of Public Law 93-
69 [set out as a note under sections 228e to 228z-1 of this
title], less the amount of any monthly insurance benefit to which
such individual is actually entitled (before any deductions on
account of work) under the Social Security Act [section 301 et seq.
of Title 42, The Public Health and Welfare].
"(b) The amount of the annuity of an individual under subsection
(a) of this section shall be increased by an amount, if any, equal
to the amount by which (i) his annuity under the Railroad
Retirement Act of 1935 [subchapter II of this chapter] for the
month of December 1974 exceeds (ii) his annuity under subsection
(a) of this section for the month of January 1975.
"Sec. 203. (a) Every individual who would have been entitled to a
pension under section 6 of the Railroad Retirement Act of 1937
[section 228f of this title] for the month of January 1975, if this
Act [enacting this subchapter] had not been enacted, shall be
entitled to an annuity under paragraph (i) of section 2(a)(1) of
the Railroad Retirement Act of 1974 [section 231a(a)(1) of this
title] in an amount determined under the provisions of section 3(a)
of such Act [section 231b(a) of this title], which amount shall
initially be equal to the amount determined under clause (i) of
section 3(a)(6) of the Railroad Retirement Act of 1937 [section
228c(a)(6) of this title] for the purpose of computing the last
increase in such individual's pension under section 6 of the
Railroad Retirement Act of 1937 [section 228f of this title]
pursuant to the provisions of section 105 of Public Law 93-69 [set
out as a note under sections 228e to 228z-1 of this title], less
the amount of any monthly insurance benefit to which such
individual is actually entitled (before any deductions on account
of work) under the Social Security Act [section 301 et seq. of
Title 42].
"(b) The amount of the annuity of an individual under subsection
(a) of this section shall be increased by an amount, if any, equal
to the amount by which (i) his pension under section 6 of the
Railroad Retirement Act of 1937 [section 228f of this title] for
the month of December 1974 exceeds (ii) his annuity under
subsection (a) of this section for the month of January 1975.
"(c) The annuities of each individual under the preceding
subsections of this section shall be paid on January 1, 1975, and
on the first day of each calendar month thereafter during his life.
"Sec. 204. (a) Every individual who was entitled to an annuity
under section 2(a)1, 2(a)2, 2(a)3, 2(a)4, or 2(a)5 of the Railroad
Retirement Act of 1937 [section 228b(a)1, 228b(a)2, 228b(a)3,
228b(a)4, or 228b(a)5 of this title] for the month of December
1974, or who would have been entitled to such an annuity for such
month except for the provisions of section 2(d) of such Act
[section 228b(d) of this title], and who would have been entitled
to such an annuity for the month of January 1975, if this Act
[enacting this subchapter] had not been enacted, shall be entitled
to an annuity under paragraph (i), (ii), (iii), (iv), or (v),
respectively, of section 2(a)(1) of the Railroad Retirement Act of
1974 [section 231a(a)(1) of this title], beginning January 1, 1975:
Provided, however, That if an individual who was entitled to an
annuity under section 2(a)4 or 2(a)5 of the Railroad Retirement Act
of 1974 [probably should read "Railroad Retirement Act of 1937"
classified to section 228b(a)4 or 228b(a)5, of this title] is age
65 or older, on January 1, 1975, such individual shall be entitled
to an annuity under paragraph (i) of section 2(a)(1) of the
Railroad Retirement Act of 1974 [section 231a(a)(1) of this title].
For purposes of this subsection -
"(1) that portion of the individual's annuity as is provided
under section 3(a) of the Railroad Retirement Act of 1974
[section 231b(a) of this title] shall initially be in an amount
equal to (A) the amount determined under clause (i) of section
3(a)(6) of the Railroad Retirement Act of 1937 [section
228c(a)(6) of this title] for the purpose of computing the last
increase in the amount of such individual's annuity as computed
under the provisions of section 3(a) [section 228c(a) of this
title], and that part of section 3(e) which preceded the first
proviso, of the Railroad Retirement Act of 1937 [section 228c(e)
of this title] or (B), if less in a case where such individual is
not entitled to an annuity amount provided under paragraph (3) of
this subsection, the amount of the annuity under section 2(a) of
the Railroad Retirement Act of 1937 [section 228b(a) of this
title] (before any reduction on account of age and without regard
to section 2(d) of such Act [section 228b(d) of this title])
which such individual would have received for the month of
January 1975 if this Act [see Effective Date of 1976 Amendment
set out hereunder] had not been enacted: Provided, however, That
such annuity amount shall be subject to reduction in accordance
with the provisions of section 3(m) of the Railroad Retirement
Act of 1974 [section 231b(m) of this title] in the same manner as
other annuity amounts provided under section 3(a) of the Railroad
Retirement Act of 1974;
"(2) that portion of the individual's annuity as is provided
under section 3(b)(1) of the Railroad Retirement Act of 1974
[section 231b(b)(1) of this title] shall be in an amount, if any,
equal to the amount by which (A) his annuity under section 2(a)
of the Railroad Retirement Act of 1937 [section 228b(a) of this
title] for the month of December 1974 (before any reduction on
account of age and without regard to section 2(d) of such Act
[section 228b(d) of this title]) exceeds (B)(i), if such
individual is entitled to an annuity amount provided under
paragraph (3) of this subsection, the amount of the annuity which
would have been provided such individual under paragraph (1) of
this subsection (before any reduction due to such individual's
entitlement to a monthly insurance benefit under the Social
Security Act [section 301 et seq. of Title 42]) for the month of
January 1975 if he had no wages or self-employment income under
the Social Security Act other than wages derived from service as
an employee under the Railroad Retirement Act of 1974 [this
subchapter] after December 31, 1936, and before January 1, 1975,
or (ii), if such individual is not entitled to an annuity amount
provided under paragraph (3) of this subsection, the amount of
his annuity provided under paragraph (1) of this subsection
(before any reduction due to such individual's entitlement to a
monthly insurance benefit under the Social Security Act) for the
month of January 1975: Provided, however, That if the annuity of
any individual under the Railroad Retirement Act of 1937
[subchapter III of this chapter] for the month of December 1974
was computed under the first proviso of section 3(e) of such Act
[section 228c(e) of this title], the annuity of such individual
for purposes of clause (A) of this paragraph shall be no greater
than the annuity which such individual would have received under
such Act [subchapter III of this chapter] for the month of
December 1974, if no other person had been included in the
computation of the annuity of such individual; and
"(3) if the individual was entitled to an old-age insurance
benefit or a disability insurance benefit under the Social
Security Act [section 301 et seq. of Title 42] on December 31,
1974, or was fully insured under that Act on that date, the
annuity amounts provided under paragraphs (1) and (2) of this
subsection shall be increased by an amount determined under the
provisions of section 3(h)(1) of the Railroad Retirement Act of
1974 [section 231b(h)(1) of this title]: Provided, however, That,
if the individual was entitled to an old-age insurance benefit or
a disability insurance benefit under the Social Security Act on
December 31, 1974, such amount shall not be less nor more than an
amount which would cause the total of the annuity amounts
provided the individual by the provisions of this subsection for
the month of January 1975 to equal the total of the annuity under
the Railroad Retirement Act of 1937 [subchapter III of this
chapter] (prior to any reduction on account of age and without
regard to section 2(d) of that Act [section 228b(d) of this
title]) plus the old-age or disability insurance benefit under
the Social Security Act (before any reduction on account of age
and deductions on account of work) which such individual would
have received for such month if this Act [enacting this
subchapter] had not been enacted.
"(4) if the individual was entitled to a wife's, husband's,
widow's, or widower's insurance benefit under the Social Security
Act [section 301 et seq. of Title 42] on December 31, 1974, or is
the wife, husband, widow, or widower of a person who was fully
insured under that Act on that date, the annuity amounts provided
under paragraphs (1) and (2) of this subsection shall be
increased by an amount determined under the provisions of section
3(h)(3) of the Railroad Retirement Act of 1974 [section
231b(h)(3) of this title].
"(b) An individual who was awarded an annuity under section 2(a)
of the Railroad Retirement Act of 1937 [section 228b(a) of this
title], but who could not have become eligible for an annuity under
paragraph 2 of such section, shall not be eligible for an annuity
under paragraph (ii) of section 2(a)(1) of the Railroad Retirement
Act of 1974 [section 231a(a)(1) of this title].
"(c) An individual who was awarded an annuity under section 2(a)
of the Railroad Retirement Act of 1937 [section 228b(a) of this
title] shall not be entitled to an annuity amount computed under
the provisions of section 3(c) of the Railroad Retirement Act of
1974 [section 231b(c) of this title]: Provided, however, That the
provisions of this subsection shall not be applicable (i) to an
individual who will have rendered at least twelve months of service
as an employee to an employer (as defined in the Railroad
Retirement Act of 1974 [this section] after December 31, 1974, or
(ii) to an individual who was awarded an annuity under section
2(a)4 or 2(a)5 of the Railroad Retirement Act of 1937 [section
228b(a)4 or 228b(a)5 of this title] and who recovered from
disability and returned to the service of an employer (as defined
in the Railroad Retirement Act of 1974) [this section] after
December 31, 1974.
[Section 202(b) of Pub. L. 94-92 provided that: "The amendment
made by this section [enacting section 204(c) of Pub. L. 93-445]
shall be effective January 1, 1975."]
"(d) The annuity amount provided an individual by paragraph (1)
of this subsection as increased from time to time shall be deemed
to be the primary insurance amount of such individual for purposes
of computing the annuity of the spouse of such individual under
section 4(a) of the Railroad Retirement Act of 1974. [section
231c(a) of this title]."
[Effective Date of 1976 Amendment. Section 1(d) of Pub. L. 94-547
provided that: "The amendments made by this section [enacting
section 204(d) and amending sections 204(a)(1), (2) and 206(1) of
Pub. L. 93-445] shall be effective January 1, 1975: Provided,
however, That the increases in annuities effective June 1, 1975,
and June 1, 1976, shall be in the amount which would have been
provided if this Act [enacting section 204(d) of Pub. L. 93-445,
amending sections 204(a)(1), (2) and 206(1) of Pub. L. 93-445 and
this section and section 231c and 231n of this title and section
3231 of Title 26, Internal Revenue Code, and enacting provisions
set out as notes under this section and sections 231c and 231n of
this title and 3231 of Title 26] had not been enacted."]
"Sec. 205. (a) Every individual who was entitled to a
supplemental annuity under section 3(j) of the Railroad Retirement
Act of 1937 [section 228c(j) of this title] for the month of
December 1974, or who would have been entitled to such a
supplemental annuity for such month except for the provisions of
section 2(d) of such Act [section 228b(d) of this title], and who
would have been entitled to such a supplemental annuity for the
month of January 1975, if this Act [enacting this subchapter] had
not been enacted, shall be entitled to a supplemental annuity under
section 2(b)(1) of the Railroad Retirement Act of 1974 [section
231a(b)(1) of this title], beginning January 1, 1975, in an amount,
the provisions of section 3(e) of such Act [section 231b(e) of this
title] notwithstanding, equal to the amount of the supplemental
annuity to which such individual was entitled under section 3(j) of
the Railroad Retirement Act of 1937 [section 228c(j) of this title]
for the month of December 1974, or to which such individual would
have been entitled for such month under such section 3(j) [section
228c(j) of this title] except for the provisions of section 2(d) of
such Act [section 228b(d) of this title].
"(b) An individual who was awarded an annuity under section 2(a)
of the Railroad Retirement Act of 1937 [section 228b(a) of this
title], but who could not have become eligible for a supplemental
annuity under section 3(j) of such Act [section 228c(j) of this
title] if this Act had not been enacted, shall not be eligible for
a supplemental annuity under section 2(b) of the Railroad
Retirement Act of 1974 [section 231a(b) of this title].
"Sec. 206. Every spouse who was entitled to an annuity under
section 2(e) or 2(h) of the Railroad Retirement Act of 1937
[section 228b(e) or 228b(h) of this title] for the month of
December 1974, or who would have been entitled to such an annuity
for such month except for the provisions of section 2(d) of such
Act [section 228b(d) of this title], and who would have been
entitled to such an annuity for the month of January 1975, if this
Act [enacting this subchapter] had not been enacted, shall be
entitled to an annuity under section 2(c) of the Railroad
Retirement Act of 1974 [section 231a(c) of this title] beginning
January 1, 1975. For purposes of this section -
"(1) that portion of the spouse's annuity as is provided under
section 4(a) of the Railroad Retirement Act of 1974 [section
231c(a) of this title] shall initially be in an amount equal to
(A) the amount determined under clause (i) of section 3(a)(6) of
the Railroad Retirement Act of 1937 [section 228c(a)(6) of this
title] for the purpose of computing the last increase in the
amount of such spouse's annuity as computed under the provisions
of section 2 of the Railroad Retirement Act of 1937 [section 228b
of this title] or (B), if less in a case where such spouse is not
entitled to an annuity amount provided by paragraph (3) of this
section, the amount of the annuity under section 2(e) or 2(h) of
the Railroad Retirement Act of 1937 [section 228b(e) or (h) of
this section] (before any reduction on account of age and without
regard to section 2(d) of such Act [section 228b(d) of this
title]) which such spouse would have received for the month of
January 1975 if this Act [see Effective Date of 1976 Amendment
set out under section 204(d) hereinabove] had not been enacted:
Provided, however, That the amount of such annuity shall be
subject to reduction in accordance with the provisions of section
202(k) or 202(q) of the Social Security Act [section 402(k) or
402(q) of Title 42], other than a reduction on account of age, in
the same manner as any wife's insurance benefit or husband's
insurance benefit payable under section 202 of the Social
Security Act [section 402 of Title 42] and shall also be subject
to reduction in accordance with the provisions of section 4(i) of
the Railroad Retirement Act of 1974 [section 231c(i) of this
title];
[Effective Date of 1976 Amendment. See note set out under section
204(d) hereinabove.]
"(2) that portion of the spouse's annuity as is provided under
section 4(b) of the Railroad Retirement Act of 1974 [section
231c(b) of this title] shall be in an amount, if any, equal to 50
per centum of the individual's annuity as computed in accordance
with the provisions of paragraph (2) of section 204(a) of this
title: Provided, however, That, in case of a spouse who is not
entitled to an annuity amount provided under paragraph (3) of
this section, if (A) the amounts of the annuity provided a spouse
for the month of January 1975 by the provisions of paragraph (1)
(before any reduction due to such spouse's entitlement to a
wife's or husband's insurance benefit under the Social Security
Act [section 301 et seq. of Title 42]) and the proceeding
provisions of this paragraph exceed (B) the amount of the annuity
to which such spouse was entitled (before any reduction on
account of age) for the month of December 1974 under section 2(e)
or 2(h) of the Railroad Retirement Act of 1937 [section 228b(e)
or 228b(h) of this title] (deeming, for this purpose, any
increase in the amount of such annuity which, had this Act
[enacting this subchapter] not been enacted, would have become
effective January 1, 1975, by reason of an increase in the
maximum amount payable as a wife's insurance benefit under the
Social Security Act to have been effective for the month of
December 1974), or to which such spouse would have been entitled
for such month under such section 2(e) or 2(h) [section 228b(e)
or 228b(h) of this title] except for the provisions of section
2(d) of such Act [section 228b(d) of this title], the amount of
the annuity provided such spouse for the month of January 1975 by
the preceding provisions of this paragraph shall be reduced until
the total of the amounts described in clause (A) of this proviso
equals the amount described in clause (B): Provided further,
That, if the amount of the annuity of the spouse provided by
paragraph (1) of this section is reduced by reason of the
provisions of section 4(i)(2) of the Railroad Retirement Act of
1974 [section 231c(i)(2) of this title], the amount of the
annuity provided such spouse by the preceding provisions of this
paragraph shall not be less than an amount which would cause the
total of the annuity amounts provided such spouse under paragraph
(1) (before any reduction pursuant to the provisions of section
202(k) or 202(q) of the Social Security Act [section 402(k) or
402(q) of Title 42] and before any reduction due to such spouse's
entitlement to a wife's or husband's insurance benefit under the
Social Security Act) and paragraph (2) of this section for the
month of January 1975 to equal the amount of the annuity (before
any reduction on account of age) which such spouse would have
received for such month under section 2(e) or 2(h) of the
Railroad Retirement Act of 1937 [section 228b(e) or 228b(h) of
this title] (without regard to the provisions of section 2(d) of
that Act [section 228b(d) of this title]) if this Act [enacting
this subchapter] had not been enacted; and
"(3) if the spouse was entitled to an old-age insurance benefit
or a disability insurance benefit under the Social Security Act
[section 301 et seq. of Title 42] of [on] December 31, 1974, or
was fully insured under that Act on that date, or was entitled to
a wife's or a husband's insurance benefit under that Act on that
date, the annuity amounts provided under paragraphs (1) and (2)
of this section shall be increased by an amount determined under
the provisions of section 4(e)(1) [section 231c(e)(1) of this
title], or, if the spouse was entitled only to a wife's or
husband's insurance benefit, 4(e)(3) [section 231c(e)(3) of this
title] of the Railroad Retirement Act of 1974: Provided, however,
That, if the spouse was entitled to a monthly insurance benefit
under the Social Security Act of [on] December 31, 1974, such
amount shall not be less nor more than an amount which would
cause (A) the total of (i) the annuity amounts provided the
spouse by the provisions of this section for the month of January
1975 plus (ii) the monthly insurance benefit to which such spouse
is entitled for that month under the Social Security Act (before
any reductions on account of age and deductions on account of
work) to equal (B) the total of (i) the spouse's annuity under
the Railroad Retirement Act of 1937 [subchapter III of this
chapter] (prior to any reduction on account of age and without
regard to section 2(d) of that Act [section 228b(d) of this
title]) plus (ii) the monthly insurance benefit under the Social
Security Act (before any reduction on account of age and
deductions on account of work) which such spouse would have
received for such month if this Act [enacting this subchapter]
had not been enacted.
"Sec. 207. Every survivor who was entitled to an annuity under
section 5 of the Railroad Retirement Act of 1937 [section 228e of
this title] for the month of December 1974, or who would have been
entitled to such an annuity for such month except for the
provisions of section 5(i) of such Act [section 228e(i) of this
title], and who would have been entitled to such an annuity for the
month of January 1975, if this Act [enacting this subchapter] had
not been enacted, shall be entitled to an annuity under section
2(d) of the Railroad Retirement Act of 1974 [section 231a(d) of
this title] beginning January 1, 1975. For purposes of this section
-
"(1) that portion of the survivor's annuity as is provided
under section 4(f) of the Railroad Retirement Act of 1974
[section 231c(f) of this title] shall initially be in an amount
equal to the amount determined under clause (i) of section
3(a)(6) of the Railroad Retirement Act of 1937 [section
228c(a)(6) of this title] for the purpose of computing the last
increase in the amount of such survivor's annuity as computed
under the provisions of section 5(q) of the Railroad Retirement
Act of 1937 [section 228e(q) of this title]: Provided, however,
That the amount of such annuity shall be subject to reduction in
accordance with the provisions of section 202(k) or 202(q) of the
Social Security Act [section 402(k) or 402(q) of Title 42] in the
same manner as any widow's insurance benefit, mother's insurance
benefit, widower's insurance benefit, parent's insurance benefit,
or child's insurance benefit payable under section 202 of the
Social Security Act [section 402 of Title 42] and shall also be
subject to reduction in accordance with the provisions of section
4(i)(2) of the Railroad Retirement Act of 1974 [section
231c(i)(2) of this title];
"(2) that portion of the survivor's annuity as is provided
under section 4(g) of the Railroad Retirement Act of 1974
[section 231c(g) of this title] shall initially be in an amount
equal to 30 per centum of the amount computed in accordance with
the provisions of paragraph (1) of this section prior to any
reductions, other than reductions on account of age, in
accordance with the provisions of section 202(k) or 202(q) of the
Social Security Act [section 402(k) or 402(q) of Title 42] and
prior to any reductions in accordance with, the provisions of
section 4(i)(2) of the Railroad Retirement Act of 1974 [section
231c(i)(2) of this title]: Provided, however, That, if such
survivor is not entitled to an annuity amount provided under
paragraph (3) of this section, such amount shall not be less than
an amount which would cause (A) the total of the annuity amounts
provided the survivor by the provisions of this section for the
month of January 1975 to equal (B) the amount of the annuity
which the survivor would have received for such month under
section 5 of the Railroad Retirement Act of 1937 [section 228e of
this title] (without regard to section 5(i) of that Act [section
228e(i) of this title]) if this Act [enacting this subchapter]
had not been enacted; and
"(3) if the survivor is a widow or widower who was entitled to
an old-age insurance benefit or a disability insurance benefit
under the Social Security Act [section 301 et seq. of Title 42]
on December 31, 1974, or was fully insured under that Act on that
date, the annuity amounts provided under paragraphs (1) and (2)
of this section shall be increased by an amount determined under
the provisions of 4(h)(1) of the Railroad Retirement Act of 1974
[section 231c(h)(1) of this title]: Provided, however, That, if
the widow or widower was entitled to a monthly insurance benefit
under the Social Security Act on December 31, 1974, such amount
shall not be less nor more than an amount which would cause (A)
the total of (i) the annuity amounts provided the widow or
widower by the provisions of this section for the month of
January 1975 plus (ii) the monthly insurance benefit to which
such widow or widower is entitled for that month under the Social
Security Act (before any deductions on account of work) to equal
(B) the total of (i) the widow's or widower's annuity under the
Railroad Retirement Act of 1937 [subchapter III of this chapter]
(without regard to section 5(i) of that Act [section 228e(i) of
this title]) plus (ii) the monthly insurance benefit under the
Social Security Act (before any deductions on account of work)
which such widow or widower would have received for such month if
this Act [enacting this subchapter] had not been enacted.
"Sec. 208. For purposes of paragraph (1) of section 204(a),
paragraph (1) of section 206, and paragraph (1) of section 207, the
fact that the amount of the annuity payable to an individual,
spouse, or survivor under the Railroad Retirement Act of 1937
[subchapter III of this chapter] for the month of December 1974 may
not (i) in the case of an individual have been computed under the
provisions of section 3(a) of such Act [section 228c(a) of this
title] or that part of section 3(e) of such Act [section 228c(e) of
this title] which precedes the first proviso; (ii) in the case of a
spouse, have been computed under the provisions of section 2 of
such Act [section 228b of this title], or (iii) in the case of a
survivor, have been computed under the provisions of section 5 of
such Act [section 228e of this title], shall be disregarded, and
the amount determined under clause (i) of section 3(a)(6) of such
Act [section 228c(a)(6) of this title] with respect to such
individual, spouse, or survivor shall, for purposes of such
paragraphs, be the amount which would have been determined under
such clause (i) if the annuity of such individual had been computed
under the provisions of section 3(a) [section 228c(a) of this
title], and that part of section 3(e) [section 228c(e) of this
title] which preceded the first proviso, of such Act; the annuity
of such spouse had been computed under the provisions of section 2
of such Act [section 228b of this title]; or the annuity of such
survivor had been computed under the provisions of section 5 of
such Act [section 228e of this title].
"Sec. 209. (a) Whenever monthly insurance benefits under section
202 of the Social Security Act [section 402 of Title 42] are
increased, the amount of each annuity provided by section 202(a),
section 203(a), paragraph (1) of section 204(a), paragraph (1) of
section 206, and paragraphs (1) and (2) of section 207 shall be
increased in the same manner, and effective the same date as other
annuities of the same type payable under section 2 of the Railroad
Retirement Act of 1974 [section 231a of this title] are increased.
"(b) The annuity amounts provided by section 202(b), section
203(b), paragraph (2) of section 204(a), and paragraph (2) of
section 206 shall be increased by the same percentage, or
percentages, and effective the same date, or dates, as other
annuity amounts of the same type are increased pursuant to the
provisions of section 3(g) of the Railroad Retirement Act of 1974
[section 231b(g) of this title].
"Sec. 210. The election of a joint and survivor annuity made
before July 31, 1946, by an individual to whom an annuity accrues
under the Railroad Retirement Act of 1937 [subchapter III of this
chapter] before January 1, 1975, shall be given effect as though
the provisions of law under which the election was made had
continued to be operative unless such election had been revoked
prior to the time the annuity of such individual began to accrue."
(!1) So in original. Probably should be "seniority".
(!2) See References in Text note below.