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[PUBLIC LAW 378–80TH CONGRESS]
(CHAPTER 509—1st SESSION)

(H. R. 3632)

AN ACT To extend the time within which applications may be made to the Railroad Retirement Board for certain refunds from the Unemployment Trust Fund.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled “An Act to provide for refunds to railroad employees in certain cases, so as to place the various States on an equal basis, under the Railroad Unemployment Insurance Act, with respect to contributions of employees", approved August 2, 1916 (Public Law 599, Seventy-ninth Congress), is hereby amended by striking out “twelve months” and inserting in lieu thereof “two years”. Approved August 6, 1947.

(119)

(Public Law 744–80TH CONGRESS)
(CHAPTER 608—2D SESSION]

(H. R. 6766)

AN ACT To amend the Railroad Retirement Act of 1937, as amended, and the Railroad

Unemployment Insurance Act, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 3 of the Railroad Retirement Act of 1937, as amended, is amended by changing “2” to “2.40”, “11/2” to “1.80”, and “1” to “1.20”. Subsection (e) of section 3 of the Railroad Retirement Act of 1937, as amended, is amended by changing“$3” to “$3.60” and “$50” to “$60”.

SEC. 2. Subsection (f) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by inserting “(1)” before “Upon”, by striking out “this subsection” wherever it occurs and inserting in lieu thereof “this paragraph”, and by adding at the end thereof the following new paragraph:

“(2) Whenever it shall appear, with respect to the death of an employee on or after January 1, 1947, that no benefits, or no further benefits, other than benefits payable to a widow or parent upon attaining age sixty-five at a future date, will be payable under this section or, pursuant to subsection (k) of this section, under section 202 of the Social Security Act, as amended, there shall be paid to such person or persons as the deceased employee may have designated by a writing filed with the Board prior to his death, or if there be no designation, to the person or persons in the order provided in paragraph (1) of this subsection or, in the absence of such person or persons, to his estate, a lump sum in an amount equal to the sum of 4 per centum of his compensation paid after December 31, 1936, and prior to January 1, 1947, and 7 per centum of his compensation after December 31, 1946 (exclusive in both cases of compensation in excess of $300 for any month), minus the sum of all benefits paid to him, or to others by reason of his death, under this Act and, pursuant to subsection ($) of this section, under section 202 of the Social Security Act, as amended : Provided, however, That if the employee is survived by a widow or parent who may upon attaining age sixty-five be entitled to further benefits under this section, or pursuant to subsection (k) of this section, under section 202 of the Social Security Act, as amended, such lump sum shall not be paid unless such widow or parent makes and files with the Board an irrevocable election, in such form as the Board may prescribe, to have such lump sum paid in lieu of all benefits to which such widow or parent might otherwise become entitled under this section or, pursuant to subsection (k) of this section, under section 202 of the Social Security Act, as amended. Such election shall be legally effective according to its terms. Nothing in this section shall operate to deprive a widow or parent making such election of any insurance benefits under section 202 of the Social Security Act, as amended, to which such widow or parent would have been entitled had this section not been enacted. The term 'benefits' as used in this paragraph includes all annuities payable under this Act, lump sums payable under paragraph (1) of this subsection, and insurance benefits and lump-sum payments under section 202 of the Social Security Act, as amended, pursuant to subsection (k) of this section."

SEC. 3. The provisions of section 1 hereof shall apply to all annuities under section 2 of the Railroad Retirement Act of 1937, as amended, accruing during calendar months following the month of enactment hereof other than joint and survivor annuities heretofore awarded and survivor annuities deriving from joint and survivor annuities heretofore awarded; and the provisions of section 2 hereof shall be effective as of January 1, 1947. “All annuities under the Railroad Retirement Act of 1935 and all joint and survivor annuities heretofore awarded and survivor annuities deriving from joint and survivor annuities heretofore awarded, accruing during the calendar months following the month of enactment hereof, and all pensions due in months following the first calendar month after the enactment hereof, shall be increased by 20 per centum. All recertifications required by reason of the provisions of this Act shall be made by the Railroad Retirement Board without application therefor.

SEO. 4. Subsection (a) of section 8 of the Railroad Unemployment Insurance Act, as amended, is amended by substituting the following for so much of said subsection as precedes the proviso:

“(a) Every employer shall pay a contribution, with respect to having employees in his service, equal to the percentage determined as set forth below of so much of the compensation as is not in excess of $300 for any calendar month paid by him to any employee for services rendered to him after June 30, 1939:".

SEC. 5. (a) Subsection (a) of section 8 of the Railroad Unemployment Insurance Act, as amended, is further amended by substituting a colon for the period at the end thereof and adding the following:

“1. With respect to compensation paid prior to January 1, 1948, the rate shall be 3 per centum;

“2. With respect to compensation paid after December 31, 1947, the rate shall be as follows: "If the balance to the credit of the railroad unemploy. The rate with respect to comment insurance account as of the close of business pensation paid during the next on September 30 of any year, as determined by the succeeding calendar year shall

Board, is : $450,000,000 or more------

------------ 42 percent. $400,000,000 or more but less than $450,000,000 --- 1 percent. $350,000,000 or more but less than $400,000,000. 142 percent. $300,000,000 or more but less than $350,000,000.-- 2 percent. $250,000,000 or more but less than $300,000,000 --- 272 percent. Less than $250,000,000_

--------- 3 percent. “As soon as practicable following the enactment of this Act, the Board shall determine and proclaim the balance to the credit of the account as of the close of business on September 30, 1947, and on or before December 31 of 1948 and of each succeeding year, the Board shall determine and proclaim the balance to the credit of the account as of the close of business on September 30 of such year."

(b) Contributions paid under subsection (a) of section 8 of the Railroad Unemployment Insurance Act, as amended, prior to the

be :

enactment of the foregoing amendment thereof which are in excess of those required by said subsection as so amended shall be subject to adjustment or refund in accordance with the provisions of subsections (d) and (e) of said section 8.

Sec. 6. Subsection (f) of section 8 of the Railroad Unemployment Insurance Act, as amended, is amended to read as follows:

“(f) The contributions required by this Act shall be collected by the Board and shall be deposited by it with the Secretary of the Treasury of the United States, such part thereof as equals 0.2 per centum of the total compensation on which such contributions are based to be deposited to the credit of the fund and the balance to be deposited to the credit of the account.”

Sec. 7. Subsection (a) of section 10 of the Railroad Unemployment Insurance Act, as amended, is amended by substituting the following for subdivision (i) of the second sentence of said subsection: “(i) such part of all contributions collected pursuant to section 8 of this Act as is in excess of 0.2 per centum of the total compensation on which such contributions are based, together with all interest collected pursuant to section 8 (g) of this Act;".

SEC. 8. Subsection (a) of section 11 of the Railroad Unemployment Insurance Act, as amended, is amended by substituting the following for subdivision (i) of the second sentence of said subsection: “(i) such part of all contributions collected pursuant to section 8 of this Act as equals 0.2 per centum of the total compensation on which such contributions are based;".

Approved June 23, 1948.

Public Law 234 - 82d Congress
Chapter 632 - 1st Session

H. R. 3669

AN ACT
To amend the Railroad Retirement Act and the Railroad Unemployment Insurance

Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Railroad RetireRailroad Retirement Act of 1937, as amended, is amended by sub- ment Acts; Railstituting in the last sentence of subsection (f) thereof the phrase "one road Unemployhundred twenty-six” for the phrase "fifty-four” and by adding after ment Insurance subsection (p) thereof a new subsection as follows:

Aot, amendments. "(g) The terms “Social Security Act' and 'Social Security Act, as 50 stat: 307.. amended' shall mean the Social Security Act as amended in 1950."

SEC. 2. Subsection (a) of section 2 of the Railroad Retirement Act of 1937, as amended, is amended by inserting in the first sentence thereof, 45 U.S.C. § 228b. after "enactment date,” the following: "and shall have completed ten years of service," ; and by inserting in the first sentence of paragraph 5 of said subsection a period after the phrase "regular employment” and striking out all of that sentence following that phrase.

SEC. 3. Subsection (c) of section 2 of the Railroad Retirement Act of 1937, as amended, is amended by substituting for the phrase "sixty days”, the phrase "six months”.

SEC. 4. Section 4 of the Railroad Retirement Act of 1937, as 45 U.S.C. amended, is amended by substituting for the phrase "sixty days in 2280-1. subsection (k) thereof the phrase "six months”.

Sec. 5. Section 2 of the Railroad Retirement Act of 1937, as 45 V.S.C. $ 228b. amended, is amended by adding after subsection (d) thereof the following new subsections: “(e) SPOUSE'S ANNUITY.—The spouse of an individual, if

“(i) such individual has been awarded an annuity under subsection (a) or a pension under section 6 and has attained the age of 65, and

“(ii) such spouse has attained the age of 65 or in the case of a wife, has in her care (individually or jointly with her husband) a child who, if her husband were then to die, would be entitled to

a child's annuity under subsection (c) of section 5 of this Act, 45 U.S.C. $ 2288. shall be entitled to a spouse's annuity equal to one-half of such individ. ual's annuity or pension, but not more than $40: Provided, however, That if the annuity of the individual is awarded under paragraph 3 of subsection (a), the spouse's annuity shall be computed or recomputed as though such individual had been awarded the annuity to which he would have been entitled under paragraph 1 of said subsec- 65 Stat. 683. tion: Provided further, That, if the annuity of the individual is 65 Stat. 684. awarded pursuant to a joint and survivor election, the spouse's annuity shall be computed or recomputed as though such individual had not made a joint and survivor election: And provided further, That any spouse's annuity shall be reduced by the amount of any annuity and the amount of any monthly insurance benefit, other than a wife's or husband's insurance benefit, to which such spouse is entitled, or on proper application would be entitled, under subsection (a) of this section or subsection (d) of section 5 of this Act or section 202 of the Social Security Act; except that if such spouse is disentitled to a 49 Stat. 623; wife's or husband's insurance benefit, or has had such benefit reduced, 64 Stat. 482. by reason of subsection (k) of section 202 of the Social Security Act, 42 v.S.C. $ 402. the reduction pursuant to this third proviso shall be only in the amount by which such spouse's monthly insurance benefit under said Act exceeds the wife's or husband's insurance benefit to which such spouse would have been entitled under that Act but for said subsection (k).

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