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CONTENTS

RAILROAD RETIREMENT ACTS

Public Law 399, 74th Congress, Approved June 29, 1935, Rallroad Retire

ment Act of 1935-

Public Law 400, 74th Congress, Approved August 29, 1935, Carriers Taxing

Act of 1935.--

Public Law 162, Railroad Retirement Act of 1937, 75th Congress, Approved

June 24 1937.-------

Public Law 174, Carriers Taxing Act of 1937, 75th Congress, Approved

June 29, 1937.----

Public Resolution 81, Providing More Uniform Coverage Under the Rail-

road Retirement Acts and Carriers Taxing Act, 76th Congress, Approved

June 11, 1940----

Public Law 764, To Provide More Uniform Coverage of Certain Persons

Employed in Coal-Mining Operations With Respect to Insurance Bene

fits, 76th Congress, Approved August 13, 1940----

Public Law 801, Second Revenue Act of 1940. (Extract: “Crediting Mill.

tary Service for Annuity Purposes Under the Railroad Retirement Acts"

and "Credit Against Federal Unemployment Taxes”), 76th Congress,

Approved October 8, 1940.-----

Public Resolution 102, Providing for Acquisition by the Railroad Retire
ment Board of Data Needed in Carrying Out Provisions of the Railroad

Retirement Act, 76th Congress, Approved October 9, 1940.-----
Public Law 520, To Extend the Crediting of Military Service Under the

Railroad Retirement Acts, 77th Congress, Approved April 8, 1942_-

Public Law 376, Extending the Period for the Acquisition by the Railroad

Retirement Board of Data Needed in Carrying out the Provisions of the

Railroad Retirement Acts, Approved June 28, 1944.---

Public Law 572, 79th Congress, To Amend the Railroad Retirement Acts,

the Railroad Unemployment Insurance Act, and Subchapter B of Chap-

ter 9 of the Internal Revenue Code; and for other purposes, Approved

July 31, 1946-------

Public Law 744, 80th Congress, To Amend Railroad Retirement Act of

1937, as Amended, and the Railroad Unemployment Insurance Act,

as Amended.-------

Public Law 234, 82d Congress, To Amend the Railroad Retirement Act

and the Railroad Unemployment Insurance Act------

Public Law 590 (Extract), 82d Congress, To Amend Railroad Retirement

Act of 1937, as Amended.--.

Public Law 398, 83d Congress, To Amend the Railroad Retirement Act,

relative to dual benefits under Social Security and Railroad Retirement

Act.-------

Public Law 746, 83d Congress, Amendments to Railroad Retirement

Act, the Railroad Retirement Tax Act, and the Railroad Unemploy-

ment Insurance Act..--------------------------------------------

Public Law 383, 84th Congress, To Amend Railroad Retirement Act of

1937 as amended and the Railroad Unemployment Insurance Act-----

Public Law 881 (Extract), 84th Congress, Amends Railroad Retirement Act

relative to military service rendered by individual after December 1956..

Public Law 1013, 84th Congress, To Amend the Railroad Retirement Act

of 1937 to provide increases in benefits..-------

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Public Law 927, 85th Congress, to amend the Railroad Retirement Act of

1937, the Railroad Unemployment Insurance Act, and the Social

Security Act--------

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RAILROAD UNEMPLOYMENT INSURANCE ACTS
Public Law 722, Railroad Unemployment Insurance Act of 1938, 75th Con-

gress, Approved June 6, 1938.--
Public Law 141, To Amend the Railroad Unemployment Insurance Act of

1938, 76th Congress, Approved June 20, 1939----
Public Law 725, To Amend Section 13 (d) of the Railroad Unemployment

Insurance Act. 76th Congress, Approved July 2, 1940..

108

RAILROAD RETIREMENT ACTS

[PUBLIC—No. 399—74TH CONGRESS)

(H. R. 8651)

AN ACT To establish a retirement system for employees of carriers subject to the Inter

state Commerce Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

DEFINITIONS SECTION 1. For the purposes of this Act,

(a) The term “ carrier" means any express company, sleepingcar company, or carrier by railroad, subject to the Interstate Com. merce Act, and any company which may be directly or indirectly owned or controlled thereby or under common control therewith, and which operates any equipment or facilities or performs any service (other than trucking service) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of and operating the business of any such carrier": Provided, however, That the term “ carrier" shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Board or' upon complaint of any party interested to determine after hearing whether any line operated by electric power falls within the terms of this proviso.

(b) The term “ employee” means any person (1) who shall be at the enactment hereof or shall have been at any time after the enactment hereof in the service of a carrier, or who shall be at the enactment hereof or shall have been at any time after the enactment hereof in the employment relation to a carrier, and (2) each officer or other official representative of an “employee organization”, herein called “representative” who before or after the enactment hereof has performed service for a carrier, who at the enactment hereof or at any time after the enactment is or shall be duly desig. nated and authorized to represent employees in accordance with the Railway Labor Act, and who, during, or immediately following employment by a carrier, is, shall be, or shall have been engaged in such representative service in behalf of such employees.

(c) A person shall be deemed to be in the service of a carrier whenever he may be subject to its continuing authority to supervise and direct the manner of rendition of his service, for which service he receives compensation.

(d) A person is in the employment relation to a carrier when furloughed or on leave of absence, and subject to call for service and ready and willing to serve, all in accordance with the established rules and practices usually in effect on railroads.

(e) The term "service period” means the total service of a person for one or more carriers whether or not continuously performed either before or after the effective date, and includes as one month every calendar month during which such person has rendered sery. ice to a carrier for compensation and includes as one year every twelve such months. An ultimate fraction of six months or more shall be computed as one year.

(f) The term “ annuity” means a fixed sum payable at the beginning of each month during retirement, ceasing at death except as otherwise provided in section 5 hereof or at resumption of service for which an employee receives compensation.

(g) The term “ compensation ” means any form of money remuneration for service, received by an employee from a carrier, including salaries and commissions, but shall not include free transportation nor any payment received on account of sickness, disability, pensions, or other form of relief.

(h) The term “ retirement” means the status of cessation of compensated service with the right to receive an annuity.

(i) The term “age” means age at the latest attained birthday. (i) The term “ Board” means the Railroad Retirement Board. (k) The term “ effective date ” means the 1st day of March 1936.

(1) The term “enactment” means the date on which this Act shall become a law.

RETIREMENT SEC. 2. Upon the attainment of sixty-five years of age and continuance in service by the employee (but not before the effective date of this Act), the annuity of such employee shall be reduced one-fifteenth for every year of such continued service beyond the age of sixty-five years; except that such reduction shall not apply during any period, beginning at the age of sixty-five and not extending beyond the age of seventy, while the employee is continued in employment under an agreement in writing between the carrier and employee filed with the Board, which agreement may provide for extension of employment for one year and thereafter in sike manner for successive periods of one year each. Such reduction of annuity shall not apply to an employee who occupies an official position in the service of a carrier or to employees' representatives.

ANNUITIES SEO. 3. The following-described employees, after retirement whether or not then in the service of a carrier, shall be paid annuities:

(a) A person (without regard to the period of service and whether rendered before or after the enactment hereof), who either at the enactment hereof or thereafter shall be sixty-five years of age or over.

(b) A person who either at the enactment hereof or who thereafter shall be fifty years of age or over and who shall have completed a

be subject sibility. An annuity the carrier

service period of thirty years. An annuity paid under this subdivi. sion shall be reduced by one-fifteenth of such annuity for each year such employee may be less than sixty-five years of age at the time of the first annuity payment.

(c) A person who either before or after the enactment shall have completed a service period of thirty years and who shall be after the enactment hereof retired by the carrier on account of mental or physical disability. An annuity paid under this subdivision shall not be subject to the deduction specified in subdivision (b) of this section.

The annuities hereinbefore mentioned shall be paid out of any money in the Treasury which may be appropriated for that purpose. An annuity shall begin as of a date to be specified in a written application to be signed by the employee entitled thereto, and approved by the Board, which date shall not be more than sixty days before the filing of the application, nor before the date on which the first annuity shall have become due and payable. An annuity shall not be due and payable until ninety days after the effective date hereof. The annuity shall be payable on the 1st day of the month during the lifetime of the annuitant. Such annuity shall be based upon the service period of the employee and shall be the sum of the amounts determined by multiplying the total number of years of service not exceeding thirty years by the following percentages of the monthly compensation: 2 per centum of the first $50; 172 per centum of the next $100; and 1 per centum of the compensation in excess of $150. The "monthly compensation ” shall be the average of the monthly compensation paid to the employee by the carrier, except that where applicable for service before the effective date the monthly compensation shall be the average of the monthly compensation for all pay-roll periods for which the employee shall have received compensation from any carrier out of eight consecutive calendar years of such services ended December 31, 1931. No part of any monthly compensation in excess of $300 shall be recognized in determining any annuity. Any employee who shall be entitled to an annuity with a commuted value determined by the Board of less than $300 shall be paid such value in a lump sum.

ANNUITIES TO REPRESENTATIVES SEC. 4. The annuity of a representative shall be determined according to such rules and regulations as the Board shall deem just and reasonable and, as near as may be, shall be the same annuity as if the representative were still in the employ of his last former carrier.

PAYMENTS UPON DEATH SEC. 5. If a person receiving or entitled to receive an annuity shall die, the Board, for one year after the first day of the month in which the death may have occurred, shall pay, as herein provided, an annuity equal to one-half of the annuity which such person so dying may have received or may have been entitled to receive, to the widow or widower of the deceased, or if there be no widow or widower, to the dependent next of kin of the deceased. Any employee may elect, on making application for an annuity, to have

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