table the following: "If upon computation of the compensation quarters of coverage in accordance with the above table an employee is found to lack a completely or partially insured status which he would have if compensation paid in a calendar year were presumed to have been paid in equal proportions with respect to all months in the year in which the employee will have been in service as an employee, such presumption shall be made." (c) Paragraph (6) of subsection (1) of section 5 of the Railroad 45 U.S.C. § 228e. Retirement Act of 1937, as amended, is amended to read as follows: "(6) The term 'wages' shall mean wages as defined in section 209 of the Social Security Act (except that for the purposes of section 5 49 Stat. 625; (i) (1) (ii) of this Act such wages shall be determined without regard 53 Stat. 1373. to subsection (a) of said section 209). In addition, the term shall 42 U.S.C. § 409. include (i) 'self-employment income' as defined in section 211 (b) of 64 Stat. 502. the Social Security Act (and in determining 'self-employment income' 42 U.S.C. § 411. the 'net earnings from self-employment' shall be determined as provided in section 211 (a) of such Act and charged to correspond with the provisions of section 203 (e) of such Act), and (ii) wages 53 Stat. 1367. deemed to have been paid under section 217 (a) of the Social Security 42 U.S.C. § 403. Act on account of military service which is not creditable under section 64 Stat. 512. 4 of this Act." 42 U.S.C. 417. (d) Paragraph (7) of subsection (1) of section 5 of the Railroad 45 U.S.C. § 228e. Retirement Act of 1937, as amended, is amended by inserting before the word "had" the phrase "completed ten years of service and will have"; and by inserting in the parenthetical phrase in subdivision (i), after the word "quarter" the following: "which is not a quarter of coverage and". (e) Paragraph (8) of subsection (1) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended to read as follows: "(8) An employee will have been 'partially insured' at the time of his death, whether before or after the enactment of this section, if it appears to the satisfaction of the Board that he will have completed ten years of service and will have had (i) a current connection with the railroad industry; and (ii) six or more quarters of coverage in the period ending with the quarter in which he will have died or in which a retirement annuity will have begun to accrue to him and beginning with the third calendar year next preceding the year in which such event occurs." (f) Paragraph (9) of subsection (1) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by changing the language before the first proviso to read as follows: "(9) An employee's 'average monthly remuneration' shall mean the quotient obtained by dividing (A) the sum of (i) the compensation paid to him after 1936 and before the quarter in which he will have 65 Stat. 689. died, eliminating any excess over $300 for any calendar month, and 65 Stat. 690. (ii) if such compensation for any calendar year is less than $3,600 and the average monthly remuneration computed on compensation alone is less than $300 and the employee has earned in such calendar year 'wages' as defined in paragraph (6) hereof, such wages, in an amount not to exceed the difference between the compensation for such year and $3,600, by (B) three times the number of quarters elapsing after 1936 and before the quarter in which he will have died:"; by inserting in the second proviso after the word "quarter" the following: "which is not a quarter of coverage and"; and by changing the period at the end of said proviso to a colon and adding the following: "And provided further, That if the exclusion from the divisor of all quarters beginning with the first quarter in which the employee was completely insured and had attained the age of sixty-five and the exclusion from the dividend of all compensation and wages with respect to such 45 U.S.C. $228e. 45 U.S.C., ch.9. 49 Stat. 620. 42 U.S.C. § 1305. quarters would result in a higher average monthly remuneration, such quarters, compensation and wages shall be so excluded." (g) Paragraph (10) of subsection (1) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by substituting "$300" for "$250" and "$14" for "$10". SEC. 24. Section 17 of the Railroad Retirement Act of 1937, as amended, is amended by striking out "subsection (b) of". EFFECTIVE DATES SEC. 25. (a) Except as otherwise specifically provided, the amendments made by this Act shall take effect with respect to benefits accruing under the Railroad Retirement Acts and the Social Security Act after the last day of the month in which this Act is enacted, irrespective of when service or employment occurred or compensation or wages were earned: Provided, however, That, in the recomputation pursuant to this Act of survivor annuities heretofore awarded, the basic amount shall not be recomputed. (b) The amendments made by sections 3, 4, and 21 of this Act shall apply to benefits awarded in whole or in part on or after the date of enactment of this Act. (c) The amendments made by sections 16 and 17 of this Act shall take effect with respect to deaths occurring on or after the date of enactment of this Act. (d) In the case of any retirement or survivor annuity awarded under the Railroad Retirement Acts prior to the date of enactment of this Act and currently payable, if such annuity was awarded to, or with respect to the death of, any individual who has completed less than ten years of service, then the amendments made by this Act shall apply with respect to such annuity as if such individual had met the requirement of ten years of service which is imposed as a condition to benefits under the Railroad Retirement Act of 1937, as amended by this Act. In addition, the spouse of any such individual shall not, §§ 228a-228s. during such individual's lifetime, be barred from a spouse's annuity under such Act by reason of the fact that such individual has completed less than ten years of service. 50 Stat. 307. 45 U.S.C. 65 Stat. 690. 65 Stat. 691. 45 U.S.C. § 228b. (e) Where the parent of a deceased employee has, prior to the date of enactment of this Act, been awarded a survivor annuity under the Railroad Retirement Acts which is currently payable, the entitlement of such parent to a survivor's annuity in accordance with the amendments made by this Act shall be determined without regard to whether or not such employee died leaving a "widow" or "widower", as defined in this Act. (f) All joint and survivor annuities heretofore and hereafter awarded shall be governed by the law under which the election of the joint and survivor annuity was made, except that the individual who made the election shall have the right to revoke the same in such manner and form as the Board may prescribe. An election shall be deemed to have been revoked if before or after the enactment hereof the spouse for whom the election was made predeceased the individual who made the election. Upon revocation of the election, or death of the spouse, as herein provided, the individual's annuity shall be increased to the amount which would have been payable had no election been made; such increased annuity shall, subject to the provisions of section 2 (c) of the Railroad Retirement Act of 1937, as amended, begin to accrue on the first of the calendar month following the calendar month in which the election was revoked or the spouse died but not before the calendar month next following the month of enactment hereof. (g) All pensions due in months following the first calendar month after the month of enactment hereof shall be increased by 15 per centum. (h) The increase in retirement annuities provided by this Act shall apply also to annuities heretofore awarded under the Railroad Retire All 65 Stat. 691. ment Act of 1935, and the term "spouse" as used in this Act shall include 49 Stat. 967. the wife or husband of an employee who has been awarded an annuity 45 U.S.c. §§ 215under the Railroad Retirement Act of 1935. The provisions of this 228 note. Act shall not apply to annuities heretofore paid under the Railroad Retirement Acts in lump sums equal to their commuted values. (i) The annuity of the spouse of an employee who has been awarded an annuity under section 3 (b) of the Railroad Retirement Act of 1935 or under section 2 (a) 2 (b) of the Railroad Retirement Act of 1937 prior to its amendment by Public Law 572, Seventy-ninth 49 Stat. 969; Congress, shall, subject to the provisions of this Act, be one-half the 50 Stat. 309; annuity such employee would have received had the annuity been 60 Stat. 727. awarded at age sixty-five. 45 U.S.C. § 2280, (j) All recertifications by the Railroad Retirement Board required by reason of the provisions of this Act other than section 9 shall be made without application therefor. Recertifications pursuant to section 9 of this Act shall be made only upon application therefor in such manner and form and filed within such time as the Railroad Retirement Board may prescribe. AMENDMENTS TO THE RAILROAD UNEMPLOYMENT INSURANCE ACT 228b. SEC. 26. Section 1 (k) of the Railroad Unemployment Insurance Act, 52 Stat. 1095. as amended, is amended by adding before the period at the end of the 45 U.S.C. § 351. first paragraph thereof the following: ": Provided further, That any calendar day on which no remuneration is payable to or accrues to an employee solely because of the application to him of mileage or work restrictions agreed upon in schedule agreements between employers and employees or solely because he is standing by for or laying over between regularly assigned trips or tours of duty shall not be considered either a day of unemployment or a day of sickness". SEC. 27. Subsection (a-1) of section 4 of the Railroad Unemploy- 52 Stat. 1098. ment Insurance Act, as amended, is amended by striking out all of 45 U.S.C. § 354. subdivisions (iii) and (iv) thereof. SEC. 28. The provisions of sections 26 and 27 of this Act shall Effective date. become effective with respect to registration periods beginning on and after January 1, 1952. Approved October 30, 1951, 9:30 a. m., E.S. T. All 66 Stat. 767. To amend title II of the Social Security Act to increase old-age and survivors insurance benefits, to preserve insurance rights of permanently and totally disabled individuals, and to increase the amount of earnings permitted without loss of benefits, and for other purposes. (d) (1) Section 1 (q) of the Railroad Retirement Act of 1937, as amended, is amended by striking out "1950" and inserting in lieu 65 Stat. 683. thereof "1952" (2) Section 5 (i) (1) (ii) of the Railroad Retirement Act of 1937, as amended, is amended to read as follows: 45 U.S.C. $228a. 60 Stat. 729. 45 U.S.C. "(ii) will have rendered service for wages as determined under $2288. section 209 of the Social Security Act, without regard to subsec- 42 U.S.C. tion (a) thereof, of more than $75, or will have been charged $409. under section 203 (e) of that Act with net earnings from self- Ante, p. 773. employment of more than $75;". (3) Section 5 (1) (6) of the Railroad Retirement Act of 1937, as 65 Stat. 689. amended, is amended by inserting "or (e)" after "section 217 (a)". 45 U.S.C. (e) In case the benefit of any individual for any month after August $228e. 1952 is computed under section 2 (c) (2) (A) of this Act through use of a benefit (after the application of sections 203 and 215 (g) of Ante, p. 773. the Social Security Act as in effect prior to the enactment of this 42 U.S.C. Act) for August 1952 which could have been derived from either of $8403, 415. two (and not more than two) primary insurance amounts, and such primary insurance amounts differ from each other by not more than $0.10, then the benefit of such individual for such month of August 1952 shall, for the purposes of the last sentence of such section 2 (c) (2) (A), be deemed to have been derived from the larger of such two primary insurance amounts. Approved July 18, 1952 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Railroad Unemployment Insurance Act, as amended, is amended by 52 Stat. 1096. substituting for the table appearing in subsection (a) thereof the g 352. following: SEC. 2. Section 3 of the Railroad Unemployment Insurance Act, as amended, is amended by striking out "not less than $150” and inserting in lieu thereof "not less than $300". 45 U.S.C. 45 U.S.C. & 353. SEC. 3. The amendments made by this Act shall become effective Effective with respect to benefit years beginning on and after July 1, 1952. Approved May 15, 1952. date. (133) |