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(b) If compensation records are not average of the compensation earned in available for at least one-half or for 18, the months in the period 1932–36 which whichever is higher, of the months of are included in the individual's "years proved service in the period 1924–31 that of service" and for which compensation are included in the individual's "years records are available; or (b) the Interof service," the "monthly compensation state Commerce Commission average. for service prior to January 1, 1937," (2) For & station employee whose shall be the higher of: (1) The monthly duties consisted of or included the caraverage of the compensation earned in rying of passengers' hand baggage and the months in the period 1924–31 which otherwise assisting passengers at pasare included in the "years of service" and senger stations and whose remuneration for which compensation records are for service to the employer was, in whole available; or (2) the Interstate Com or in substantial part, in the form of tips, merce Commission average.

the "monthly compensation" paid or (ii) (a) If 18 or more months of serv attributable as paid with respect to each ice are proved in the period 1924–31 but month of service before September 1941 less than 18 months in such period are shall be the result obtained by dividing included in the individual's "years of (i) the creditable compensation earned service," the "monthly compensation for by him as a station employee in the peservice prior to January 1, 1937," shall riod September 1940-August 1941 by (i) be the monthly average of the compensa the number of months he rendered serytion earned in the last 18 months of ice as a station employee during that proved service in the period 1924–31 pro period: Provided, however, That in any vided that compensation records are

case in which service of a station emavailable for all such 18 months.

ployee in the period September 1940(b) If compensation records are not

August 1941 is, in the judgment of the available for all of the last 18 months of

Board, insufficient to constitute a fair proved service in the period 1924–31, the

and equitable basis for determining the "monthly compensation for service prior

amount of compensation paid or attribto January 1, 1937," shall be the higher

utable as paid to him in each month of of: (1) The monthly average of the com

service before September 1941, the Board pensation earned in those months in the

shall determine the amount of such comlast 18 months of proved service in the

pensation for each such month in such period 1924–31 for which compensation

manner as in its judgment shall be fair records are available; or (2) the Inter

and equitable. state Commerce Commission average.

The following paragraphs of this sec(iii) (a) Tf the individual's service be- tion shall not be applicable to station gan before 1932 but less than 18 months

employees. of service are proved in the period 1924

(c) (1) The term "occupation” as used 31, the “monthly compensation for sery

in this chapter shall mean that activity ice prior to January 1, 1937," shall be the

in which an individual was engaged higher of: (1) The monthly average of

while in the service of an employer. the compensation earned in the months

(2) If an individual was engaged in in the period 1924-36 which are included

more than one “occupation" in any calin the individual's “years of service" and

endar month, he shall be considered to for which compensation records are

have been engaged throughout that calavailable; or (2) the Interstate Com

endar month in whichever one of such merce Commission average.

“occupations” has the highest Interstate (b) If no service was proved in the

Commerce Commission average. period 1924–36 but service prior thereto

(d) (1) The term “Interstate Comis proved and is included in the individ

merce Commission average" as used in ual's "years of service,” the "monthly

this chapter shall mean the consolidated compensation for service prior to Jan

monthly average of employee earnings uary 1, 1937,” shall be the Interstate

reported to the Interstate Commerce

Commission for the years 1924–31 by Commerce Commission average for the

all Class I carrier-employers for emoccupation in which the individual was

ployees in the occupation in which the last engaged prior to 1924.

individual was employed during the (iv) If the individual's service began period specified, or in an occupati after 1931, the "monthly compensation essentially similar thereto. for service prior to January 1, 1937," (2) For any individual who was emshall be the higher of: (a) The monthly ployed in two or more occupations in the period specified, the "Interstate Com- act and 8 208.5 of this chapter, the minimerce Commission average" shall be mum annuity payable for a month after obtained by: Multiplying such monthly May 1959 shall, except as provided in average of earnings reported by carrier § 225.6 and prior to any reduction puremployers for each occupation by the suant to 88 225.7, 225.8 and 225.9, number of calendar months in which the whichever of the following is the least: individual was engaged in such occupa (a) $5.00 multiplied by the number of tion during the period specified; and di- the individual's "years of service"; or viding the sum of the products by the (b) $83.50; or total number of months of service in all (c) 110 percent of the individual's occupations in which he was engaged "monthly compensation" as determined during such period.

under $ 225.3. (3) If the Interstate Commerce Com [Board Order 59-229, 24 F.R. 10881, Dec. 29, mission average exceeds $300, $300 shall 1959) be used in lieu of such average.

$ 225.6 Over-all minimum based on (e) For the purposes of this chapter

Social Security Act formula. there shall be regarded as a month for which compensation records are avail

(a) When an individual's annuity is able only a month of service for which

not subject to a reduction under all of the employee's claimed compensa

$ 225.7 or 8 225.8, and the amount of an. tion can be verified in accordance with nuity payable to such individual for an the provisions of $ 222.5 of this chapter, entire month plus the amount, if any, and every other month of service shall be

of the spouse's annuity payable for such regarded as a month for which compen month to the spouse of such individual, sation records are missing.

is less than 110 percent of the amount, (f) No redetermination of the

or 110 percent of the additional amount, “monthly compensation for service prior

which would have been payable for such to January 1, 1937," shall be made under

month under the Social Security Act to the provisions of this section in any case

the individual, his spouse, and his chilin which prior to January 28, 1959, a final dren, if any, the amount of the annuity determination of the monthly compensa

or annuities shall be increased protion for such service has been made un

portionately to 110 percent of such der this section as originally promul

amount or 110 percent of such addigated or as amended, or under any other

tional amount. authority: Provided, however, That the (b) When an individual's annuity is “monthly compensation for service prior subject to a reduction under $ 225.7, and to January 1, 1937," shall be redeter the amount of annuity payable to such mined in any case in which compensa individual for an entire month plus the tion records become available for any amount, if any, of the spouse's annuity month or months which in the making payable for such month to the spouse of of the previous determination were re such individual, is less than 110 percent garded as a month or months for which of the amount, or 110 percent of the compensation records were missing, and additional amount, which would have such redetermination would result in an been payable for such month under the increase in such monthly compensation. Social Security Act to the individual, his (Board Order 59–19, 24 F. R. 1248, Feb. 18, spouse, and his children, if any, the total 1959)

amount of such individual's annuity plus & 225.4 “Compensation" that is in

the amount of the spouse's annuity, if

any, shall be increased to 110 percent of cluded in determining "monthly

such amount, or 110 percent of such compensation”.

additional amount, and then, if the SoThe "compensation" to be included cial Security Act formula became apin determining the "monthly compensa plicable after the month in which the tion” shall be determined in accordance

annuity began to accrue and before the with the provisions of Part 222 of this month the individual attained age 65, chapter.

reduced by the amount the individual's [4 F.R. 1490, Apr. 7, 1939]

annuity would have been reduced under 8 225.5 Minimum amount of annuity.

$ 225.7 had he been age 65 in the month

that formula became applicable, or, if In the case of an indiivdual having a such formula became applicable in or current connection with the railroad in- after the month the individual attained dustry as defined in section 100) of the age 65, reduced by the monetary amount

that the individual's annuity was reduced under $ 225.7. The amount of such individual's annuity and the amount of his spouse's annuity, if any, shall be increased proportionately to such total amount as so reduced.

(c) When an individual's annuity is subject to a reduction under $ 225.8, and the amount of annuity payable to such individual for an entire month without regard to such reduction plus the amount, if any, of the spouse's annuity payable for such month to the spouse of such individual, is less than 110 percent of the amount, or 110 percent of the additional amount, which would have been payable for such month under the Social Security Act to the individual, his spouse, and his children, if any, the total amount of such individual's annuity plus the amount of the spouse's annuity, if any, shall be increased to 110 percent of such amount, or 110 percent of such additional amount, and then reduced by the same amount in money as the individual's annuity was reduced under $ 225.8. The amount of such individual's annuity and the amount of his spouse's annuity, if any, shall be increased proportionately to such total amount as so reduced.

(d) For the purpose of this section:

(1) The individual's service as an employee after 1936 shall be deemed to have been “employment" as that term is defined in the Social Security Act;

(2) Quarters of coverage shall be determined in accordance with section 5(1) (4) of the Railroad Retirement Act (see § 237.101 of this chapter), except that the alternate method in such section relating to determining quarters of coverage in a case where an individual lacks a completely or partially insured status does not apply. If an individual lacks an insured status for the purpose of this section through the use of the table appearing in § 237.101 of this chapter, quarters of coverage shall be determined by presuming the individual's compensation in a calendar year after 1936 to have been paid in equal proportions with respect to all months in which he will have been in service as an employee in such calendar year, with the individual being credited with one quarter of coverage for each calendar quarter in which the prorated compensation and wages, if any, total $50 or more;

(3) A woman entitled to a spouse's annuity pursuant to an election made under section 2(h) of the Railroad Re

tirement Act shall be deemed entitled to a wife's insurance benefit under section 202(q) of the Social Security Act;

(4) The amount of any possible deductions for failure to report an event causing a deduction as provided in subsections (g) and (h) (2) of section 203 of the Social Security Act shall be disregarded; and

(5) A “period of disability," within the meaning of section 216(i) of the Social Security Act, with respect to any individual who has filed an application therefor and who either will have completed ten years of service or will have been awarded an annuity shall be determined by the Board on the basis of its records or evidence obtained by it.

(e) In determining a "period of disability" for an individual, the Board shall have the same authority as the Secretary of Health, Education, and Welfare would have to determine such a period for such individual.

(f) An application filled with the Board for a disability annuity shall be deemed to be an application to determine a “period of disability.” (Board Order 62–33, 27 F.R. 3822, Apr. 7, 1962] & 225.7 Annuities subject to reduction

where individual is under age 65. Where the eligibility of a male applicant for an annuity is based on age 60 to 65 and 30 years of service and where the eligibility of a male or female applicant for an annuity is based on age 62 to 65 and less than 30 years of service, the amount of the annuity, as computed under $$ 225.1 to 225.6, shall be reduced by 1/180 for each calendar month during all of which the individual is less than 65 years of age when the annuity begins to accrue. (Board Order 62–33, 27 F.R. 3822, Apr. 7, 1962) & 225.8 Effect of election of joint and

survivor annuity. If a joint and survivor election is operative, the value of the annuity, as computed under 8 225.1 to 225.7, shall be applied to the payment of two an. nuities, a joint and survivor annuity to the individual during life, and a survivor annuity to the surviving spouse during life; the amounts of both annuities shall be such that their combined actuarial value as determined by the Board shall be the same as the actuarial value of the annuity computed under 88 225.1 to 225.7: Provided, however, That such joint and survivor annuity shall upon revocation of the election or death of the spouse be in creased to the amount that would have been payable had an election not been made, such increased annuity to begin to accrue, subject to the provisions of $ 214.1 of this chapter, on the first of the calendar month following the calendar month in which the election was revoked or the spouse died, but not before November 1, 1951. (Sec. 2, 50 Stat. 309, as amended; 45 U.S.C. 228b) [Board Order 55-89, 20 F.R. 3710, May 27, 1955) 8 225.9 Reduction because of military

service used for other benefits. When any other gratuitous benefit is payable on a periodic basis under another act of Congress on the basis of military service included in an individual's years of service, the annuity of such individual for all or part of a month for which such other benefit is payable, shall be reduced by

(a) The proportion that the number of years of service by which such military service increases the years of service bears to the total years of service, or

(b) The aggregate amount of such other benefit for that month, whichever results in the smaller reduction; however, where eligibility for the annuity exists without the crediting of the military service on the basis of which such other benefit is payable, the annuity shall not be reduced below the amount which would be payable without the crediting of the military service. (Sec. 8A, 54 Stat. 1014, as amended; 45 U.S.C. 228c-1) Board Order 55-89, 20 F.R. 8710, May 27, 1955) 8 225.10 [Reserved] 8 225.11 Annuity subject to recompu

tation. (a) Recomputation of retirement annuity. Subject to the provisions of paragraph (b) of this section, the retirement annuity of an individual shall be recomputed and recertified to include service rendered by such individual as an employee after such annuity began to accrue if the individual has, on or before the date of his death, filed with an office of the Board a duly executed application for such recomputation subject to the same conditions and limitations prescribed in g 210.2 of this chapter relating to the execution and filing of an applica

tion for an annuity. A recomputation under this section shall be made according to the provisions of section 3 of the act, as amended, and shall take into account all the individual's service rendered as an employee up to the date the application for recomputation is filed with the Board.

(b) Cessation of service and relinquishment of rights as conditions for recomputation. An individual shall be entitled to have his retirement annuity recomputed under paragraph (a) of this section only if he shall have ceased to render service for compensation to an employer as defined in Part 202 of this chapter, and shall have relinquished all rights which he may have had to return to the service of any such employer; but the requirement of relinquishment of rights shall not apply to an individual entitled to an annuity described in

208.7 (a) (3) or (4) of this chapter, prior to attaining age 65.

(c) Filing date of application for recomputation. An application for recomputation of a retirement annuity, filed in the manner and form prescribed in paragraph (a) of this section and $ 210.2 of this chapter, shall be considered filed as of the date prescribed in § 210.3 of this chapter.

(d) Signature on application for recomputation. An application for recomputation of a retirement annuity shall be signed in the manner prescribed in $ 210.4 of this chapter. In addition, the conditions prescribed in that section with respect to re-executed or corrected appli. cations shall also apply to such an application.

(e) Presumptions from application; application where individual is incompetent; alteration; cancellation and effect of cancellation of application. Sections 210.5, 210.7, 210.10, 210.11, and 210.12, respectively, of this chapter shall govern the presumptions which shall be made from a duly executed application for recomputation of a retirement annuity received on or prior to the date of death of the applicant, the execution and filing of such an application in the event the individual is mentally incompetent, the restrictions governing the alteration of such an application, the cancellation of such an application, and the effect of a cancellation.

(f) Effective date of increase where retirement annuity is recomputed to in. clude service rendered after annuity began to accrue. Any increase in a re

tirement annuity resulting from a recom- AUTHORITY: The provisions of this part 232 putation to include service rendered after Issued under sec. 10, 50 Stat. 314, as amended; the annuity has begun to accrue shall be 45 U.S.C. 2283. effective as of the latest of the following

Subpart A-Definitions dates: (1) twelve months before the filing date of the application for recom- $ 232.101 Statutory provisions. putation, or (2) the first day of the For the purposes of this Act, the term month following the last month in which "spouse" shall mean the wife or husband the employee worked for an employer of a retirement annuitant or pensioner who under the act: Provided, however, That (1) was married to such annuitant or pen

sioner for a period of not less than one year no such increase in annuity shall be

immediately preceding the day on which the effective before November 1, 1951.

application for a spouse's annuity is filed, or (Board Order 55-89, 20 F.R. 3711, May 27,

in the month prior to her or his marriage 1955)

to such annuitant or pensioner was eligible

for an annuity under subsection (a) or (d) & 225.12 Rounding annuity.

of section 5 of this Act or, on the basis of

disability, under subsection (c) thereof, or When awarded on or after September

is the parent of such annuitant's or pen6, 1958, a monthly annuity that is com

sioner's son or daughter, 1f, as of the day puted or recomputed under this part and

on which the application for a spouse's anthat is not a multiple of $0.10, shall be nuity is filed, such wife or husband and such raised to the next higher multiple of annuitant or pensioner were members of the $0.10.

same household, or such wife or husband was (Board Order 59–19, 24 F.R. 1248, Feb. 18,

receiving regular contributions from such

annuitant or pensioner toward her or his 1959)

support, or such annuitant or pensioner has § 225.13 Commutation of annuity.

been ordered by any court to contribute to

the support of such wife or husband; and When awarded on or after September (11) in the case of a husband, was receiving 6, 1958, a monthly annuity that is less at least one-half of his support from his wife than $5 may be paid quarterly or in a

at the time his wife's retirement annuity or

pension began. (Section 2(1) of the Act.) lump sum equal to its commuted value as determined by the Board.

(Board Order 62–33, 27 F.R. 8822, Apr. 7,

1962) (Board Order 59–19, 24 F.R. 1248, Feb. 18, 1959)

$ 232.102 Definition of "spouse”.

The term "spouse" means a wife or PART 232-SPOUSE'S ANNUITIES husband of a retirement annuitant or

pensioner as defined in section 2 of the Subpart A-Definitions

act and in $$ 232.103 and 232.104. Sec. 282.101 Statutory provisions.

[Board Order 55-89, 20 F.R. 8711, May 27 282.102 Definition of "spouse".

1956) 232.103 Definition of "wife".

$ 232.103 Definition of "wife”. 232.104 Definition of "husband".

An individual is a "wife,” as that term Subpart B-Conditions of Entitlement

is used in section 2 of the act, when such 232.201 Statutory provisions.

an individual is the wife of a retirement 232.202 Eligibility for an annuity.

annuitant or pensioner under the law 232.203 Relinquishment of rights.

of the state of his domicile and when: 232.204 Filing of application.

(a) She has been married to such an232.206 Annuity beginning date.

nuitant or pensioner for at least one year Subpart C—Computation of Annuity

preceding the date on which an applica

tion for a spouse's annuity is filed, or in 232.801 Statutory provisions.

the month before her marriage was eligi232.302 Amount of annuity.

ble for an insurance annuity under 282.803 Reduction because of other benefits.

§ 237.406 or § 237.410 of this chapter 232.304 Reduction because of age.

or, on the basis of disability, $ 237.409 of 323.305 Rounding annuity.

this chapter, or is the natural mother 232.306 Commutation of annuity.

of his son or daughter, and Subpart D-Payment of Annuities

(b) As of the date on which an appli282.401 Statutory provisions.

cation for a spouse's annuity is filed, she 232.402 Loss of annuity with respect to any

was a member of the same household as month.

such annuitant or pensioner, or he was 282.408 Entitlemont onds.

contributing toward her support regu50-080 0 71— 12

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