45 U.S.C. § 231a : US Code - Section 231A: Annuity eligibility requirements

Search 45 U.S.C. § 231a : US Code - Section 231A: Annuity eligibility requirements

(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.
(c) Spouses eligible for annuities
(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
(C) will not have remarried after the employee's death: Provided,
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
(c) of this section shall not be payable for any month if the
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.