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Public Law 398 - 83d Congress
Chapter 300 - 2d Session

H. R. 356
AN ACT

All 68 Stat. 250.
To amend the Railroad Retirement Act of 1937, as amended.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3 (b) Dual be

3 h Dual benefits, of the Railroad Retirement Act of 1937, as amended, is hereby further de

65 Stat. 684. amended, effective October 30, 1951, by striking the last paragraph *

45 USC 2280. thereof."

Sec. 2. In the case of any deceased individual whose death occurred before the first day of the first month following the month in which this Act is enacted, so much of any annuity or pension payment as is due such individual by reason of the enactment of the first section of this Act shall be paid only

(1) to the widow or widower of the deceased, if such widow or widower is living on such first day; or

(2) if there is no such widow or widower, to the child or children of the deceased if such child or children are living on such

first day. For the purposes of this section, the terms "widow", "widower”, and “child” have the same meanings as those assigned to such terms by section 5 (1) (1) of the Railroad Retirement Act of 1937, as amended. 45 USC 228.(1). Approved June 16, 1954.

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Public Law 746 - 83d Congress
Chapter 1164 - 2d Session

H. R. 7840
AN ACT

All 68 Stat. 1038.
To amend the Railroad Retirement Act, the Railroad Retirement Tax Act, and

the Railroad Unemployment Insurance Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Railroad aots,

amendments, PART I_AMENDMENTS TO THE RAILROAD RETIREMENT ACT SECTION 1. Subsection (h) of section 1 of the Railroad Retirement 50 Stat. 309. Act of 1937, as amended, is hereby amended by inserting after the end 45 USC 228a. of the last sentence thereof the following: “Compensation for service Delegate's oomas a delegate to a national or international convention of a railway pensation. labor organization defined as an “employer' in subsection (a) of this section shall be disregarded for purposes of determining eligibility for and the amount of benefits pursuant to this Act if the individual rendering such service has not previously rendered service, other than as such a delegate, which may be included in his 'years of service'."

SEC. 2. The last paragraph of subsection (a) of section 2 of the Railroad Retirement Act of 1937, as amended, is hereby amended by 45 USC 228b. striking the fourth sentence thereof.

SEÇ. 3. Subsection (d) of section 2 of the Railroad Retirement Act of 1937, as amended, is hereby amended by adding after the end thereof the following paragraph:

"No annuity under paragraph 4 or 5 of subsection (a) of this sec- Annuity paytion shall be paid to an individual with respect to any month in which ments. the individual is under age sixty-five and is paid more than $100 in earnings from employment or self-employment of any form: Provided, That for purposes of this paragraph, if a payment in any one Asoruals. 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 indi- Report to vidual under the age of sixty-five shall report to the Board any such Board. 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."

SEC. 4. Subsection (a) of section 3 of the Railroad Retirement Act 45 USC 2280. of 1937, as amended, is hereby amended by substituting “$200" for “$150”.

Sec. 5. Subsection (b) (1) of section 3 of the Railroad Retirement Act of 1937, as amended, is hereby amended by substituting for the parenthetical phrase “(including compensation in any month in excess of $300)” wherever it appears the phrase “(without regard to any limitation on the amount of compensation otherwise provided in this Act)”.

Sec. 6. Subsection (c) of section 3 of the Railroad Retirement Act of 1937, as amended, is hereby amended by inserting after the figure “300” the following: "for any month before July 1, 1954, or in excess of $350 for any month after June 30, 1954,"; and by adding at the end thereof the following: “If the employee earned compensation in service after June 30, 1937, and after the last day of the calendar year in which he attained age sixty-five, such compensation and service

(135)

45 USC 2280.

Pub. Law 746 All 68 Stat, 1039,

shall be disregarded in computing the monthly compensation if the result of taking such compensation into account in such computation

would be to diminish his annuity.” 45 USC 2280. Sec. 7. Subsection (e) of section 3 of the Railroad Retirement Act

of 1937, as amended, is hereby amended by inserting after the comma following the word “respectively” the following: "individuals

entitled to insurance annuities under subsections (a) and (d) of sec45 USC 228 e. tion 5 to have attained age sixty-five, and individuals entitled to

insurance annuities under subsection (c) of section 5 on the basis of disability to be less than eighteen years of age,”; and by substituting the words “of the Social Security Act” for the word “thereof” in the last parenthetical phrase of the subsection.

Sec. 8. Subsections (a) and (d) of section 5 of the Railroad Retirement Act of 1937, as amended, are hereby amended by substituting the word "sixty” for the word "sixty-five".

Sec. 9. Subsection (f) (2) of section 5 of the Railroad Retirement Act of 1937, as amended, is hereby amended by substituting the word “sixty” for the word "sixty-five" wherever it appears; by insert. ing after the phrase "pursuant to subsection (k) of this section," where it first appears, the following: “upon attaining age sixty-five at a future date, will be payable"; by inserting after the word “month” in the parenthetical phrase the following: "before July 1, 1954, and in the latter case in excess of $350 for any month after June 30, 1954"; and by inserting after the phrase "pursuant to subsection (k) of this section," where it first appears in the proviso the phrase: “upon attaining age sixty-five be entitled to further benefits”.

Sec. 10. Subsection (g) of section 5 of the Railroad Retirement Act of 1937, as amended, is hereby amended by striking the last sentence of paragraph (2).

Sec. 11. Subsection (i) of section 5 of the Railroad Retiremenu Act of 1937, as amended, is hereby amended by inserting the word “or” after the semicolon in clause (ii) of paragraph (1); by striking clause (iii) of such paragraph; and by redesignating clause (iv) of such paragraph as clause (iii).

SEC. 12. Subsection (1) of section 5 of the Railroad Retirement Act of 1937, as amended, is hereby amended by striking from paragraph (1) (ii) the phrase "and less than eighteen years of age” and substituting in lieu thereof the following: Wand shall be less than eighteen years of age, or shall have a permanent physical or mental condition which is such that he is unable to engage in any regular employment: Provided, That such disability began before the child attains age eighteen”. Such subsection is further amended by changing the semicolon at the end of paragraph (1) to a period, and adding the following: “Such satisfactory proof shall be made from time to time, as prescribed by the Board, of the disability provided in clause (ii) of this paragraph and of the continuance, in accordance with regulations prescribed by the Board, of such disability. If the individual fails to comply with the requirements prescribed by the Board as to the proof of the continuance of the disability his right to an annuity shall, except for good cause shown to the Board, cease;".

Sec. 13. Subsection (1) (9) of section 5 of the Railroad Retirement Act of 1937, as amended, is hereby amended by inserting after the term “calendar month” the phrase: "before July 1, 1954, and any excess over $350 for any calendar month after June 30, 1954"; and by substituting the figure “350” for the figure “300” where it appears the second time.

Sec. 14. Subsection (1) (10) (i) of section 5 of the Railroad Retirement Act of 1937, as amended, is hereby amended by substituting the figure"350" for the figure"300".

Pub. Law 746

All 68 Stat, 1040, Sec. 15. The Railroad Retirement Act of 1937, as amended, is hereby 45 USC 228 a amended by adding at the end thereof the following new section: et seg.

“Sec. 20. Any person awarded an annuity or pension under this Waiver. Act may decline to accept all or any part of such annuity or pensior by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the annuity or pension waived shall be made covering the period during which such waiver was in effect. Such waiver shall have no effect on the amount of the spouse's annuity, or of a lump sum under section 5 (f) (2), Ante, p. 1039. which would otherwise be due, and it shall have no effect for purposes of the last sentence of section 5 (g) (1)."

July 3; une 30, 19. ion 150

PART II-AMENDMENTS TO THE RAILROAD RETIREMENT TAX ACT

Sec. 201. Section 1500 of the Railroad Retirement Tax Act is hereby 60 Stat. 723. amended by inserting after the word “month” the following: “before 26 USC 1500. July 1, 1954, and as is not in excess of $350 for any calendar month after June 30, 1954”.

Sec. 202. Section 1501 of the Railroad Retirement Tax Act is here- 26 USC 1501. by amended by inserting after the figure “300" where it first appears the following: "for any month before July 1, 1954, or in excess of $350 for any month after June 30, 1954"; and by inserting after the figure "300" where it appears the second time, the following: "if such month is before July 1, 1954, or is less than $350 if such month is after June 30, 1954”.

Sec. 203. Section 1510 of the Railroad Retirement Tax Act is here- 26 USC 1510, by amended by inserting after the word “month” the following: “before July 1, 1954, and as is not in excess of $350 for any calendar month after June 30, 1954”.

Sec. 204. Section 1520 of the Railroad Retirement Tax Act is 26 USC 1520. hereby amended by inserting after the word “month” where it first appears the phrase: "before July 1, 1954”; by inserting after the figure “$300" where it first appears the following: ", and for any calendar month after June 30, 1954, not in excess of $350”; by inserting after the phrase "shall apply" where it first appears the phrase: is, with respect to any calendar month before July 1, 1954,"; by inserting after the figure “300" where it appears the second time, the phrase: 6, and with respect to any calendar month after June 30, 1954, to not more than $350,"; and by inserting after the figure "300" where it appears the third time the phrase: “if the month is before July 1, 1954, or is less than $350 if the month is after June 30, 1954".

SEC. 205. Subsection (e) of section 1532 of the Railroad Retirement 26 USC 1532. Tax Act is hereby amended by inserting at the end thereof the following sentence: “Compensation for service as a delegate to a national Delegate's comor international convention of a railway labor organization defined pensation. as an "employer'in subsection (a) of this section shall be disregarded for purposes of determining the amount of taxes due pursuant to this subchapter if the individual rendering such service has not previously rendered service, other than as such a delegate, which may be included in his 'years of service for purposes of the Railroar Retirement Act.”. 45 USC 228

Sec. 206. (a) Section 3201, section 3202 (il), section 3211, and sec- et seq. tion 3221 of the Internal Revenue ('ode of 1951 are hereby amended by 68A Stat. 431, striking out “$300” each place it appears in each such section and 432, 433. inserting in lieu thereof “$350".

(b) Section 3231 (e) (1) of the Internal Revenue Coile of 1954 68A Stat. 437. is hereby amended by inserting at the end thereof the following sentence: “Compensation for service as aulele gate to a national or international convention of a railway Jabor organization defined as an employer' in subsection (a) of this section shall be disregardled

Pub. Law 746
All 68 Stat. 1041.

for purposes of determining the amount of taxes due pursuant to this
chapter if the individual rendering such service has not previously

rendered service, other than as such a delegate, which may be in45 USC 228 cluded in his 'years of service for purposes of the Railroad Retireet seg

ment Act."

Part III_AMENDMENTS TO RAILROAD UNEMPLOYMENT INSURANCE

ACT

Employment as
delegate.
52 Stat. 1095.
45 USC 351.

45 USC 353.

45 USC 352.

SEC. 301. Subsection (g) of section 1 of the Railroad Unemployment Insurance Act is hereby amended by adding at the end thereof the following sentence: "For purposes of determining eligibility for the following senter and the amount of benefits and the amount of contributions due pursuant to this Act, employment as a delegate to a national or international convention of a railway labor organization defined as an 'employer', in subsection (a) of this section, shall be disregarded if the individual having such employment has not previously rendered service, other than as such a delegate, which may be included in his ‘years of service for purposes of the Railroad Retirement Act.".

SEC. 302. Subsection (i) of section 1 of the Railroad Unemployment Insurance Act is hereby amended by inserting after the term "calendar month” where it first appears the phrase: "before July 1, 1954"; and by inserting before the period at the end of the first sentence the phrase: ", and with respect to any calendar month after June 30, 1954, no part of any compensation in excess of $350 shall be recognized”. .

Sec. 303. Subsection (k) of section 1 of the Railroad Unemploy. ment Insurance Act is hereby amended by substituting the figure "400" for the figure “150”. Section 3 of the Railroad Unemployment Insurance Act is hereby amended by substituting the figure "400" for the figure “300”.

Sec. 304. (a) Subsection (a) of section 2 of the Railroad Unemployment Insurance Act is hereby amended by substituting for the table the following: “Cclumn 1

Column II

Dally benefit rate $400 to $499.99.-

$3.50 $500 to $749.99.-$750 to $999.99 $1,000 to $1,299.99--$1,300 to $1,599.99.-$1,600 to $1,999.99.$2,000 to $2,499.99.--$2,500 to $2,999.99--$3,000 to $3,499.99.$3.500 to $3,999.99---------------------------------------------------$4,000 and over..

8.50 Provided, however, That if the daily benefit rate in column II with respect to any employee is less than an amount equal to 50 per centum of the daily rate of compensation for the employee's last employment in which he engaged for an employer in the base year, such rate shall be increased to such amount but not to exceed $8.50. The daily rate of compensation referred to in the last sentence shall be as determined by the Board on the basis of information furnished to the Board by the employee, his employer, or both.”

(b) Subsection (c) of section 2 of the Railroad Unemployment Insurance Act is hereby amended by changing the period at the end thereof to a colon and by inserting after the colon the following: Provided, however, That the total amount of benefits which may

Total compensation

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