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72 Stat. 1779.
burial of such individual, and to the extent that he or they will not
have been reimbursed under section 5 (f) (1) for having paid such
expenses. If there be no person or persons so entitled, or if the total
of such annuities exceeds the amount payable under this paragraph
to such person or persons, such total, or the remainder thereof, as the
case may be, shall be paid to the children, grandchildren, parents, or
brothers and sisters of the deceased individual in the same manner as
if such unpaid annuities were a lump sum payable under section 5 (f)
(2).
.“(2) Insurance annuities under section 5 which will have become
due a survivor of an employee but will not have been paid at the time
of such survivor's death shall be payable to the person, if any, who
is determined by the Board to be such employee's widow or widower
and to have been living with such employee at the time of the
employee's death and who will not have died before receiving pay-
ment of such annuities. If there be no such widow or widower, such
annuities shall be payable to the children, grandchildren, parents, or
brothers and sisters of the deceased employee in the same manner as if
such unpaid annuities were a lump sum payable under section 5 (f)
(2).

“(3) Annuities under section 2 (e) which will have become due a spouse of an individual but which will not have been paid at the time of such spouse's death shall be payable to the individual from whose employment such spouse's annuity derived and who will not have died before receiving payment of such annuities. If there be no such individual, such annuities shall be paid as provided in the last two sentences of paragraph (1) of this subsection as if such annuities were annuities due under section 2 (a) to an individual but unpaid at the time of such individual's death.

“(4) Applications for accrued and unpaid annuities provided for in paragraphs (1), (2), and (3) of this subsection shall be filed prior to the expiration of two years after the death of the person to whom such annuities were originally due.

“(5) For the purposes of this subsection and paragraphs (1) and (2) of section 5 (f) of this Act, a widow or widower of an individual shall be deemed to have been living with the individual at the time of the individual's death if the applicable conditions set forth in section 216 (h) (2) or (3) of the Social Security Act are fulfilled.

“(6) If there is no person to whom all or any part of the annuity payments described in paragraph (1), (2), or (3) can be made, such payments or part thereof shall escheat to the credit of the Railroad Retirement Account.”

(d) Section 3 (h) of such Act is amended by striking out “$2.50" and inserting in lieu thereof “$5”.

(e) Section 3 of such Act is further amended by adding at the end thereof the following new subsection:

"(i) If the amount of any annuity computed under this section, or under section 2 or section 5, is not a multiple of $0.10, it shall be raised to the next higher multiple of $0.10."

SEC. 2. (a) Section 5 (f) (1) of the Railroad Retirement Act of 1937 is amended,

(1) by striking out the first three sentences and inserting in lieu thereof the following: “Upon the death, after the month in which this Act is enacted, of a completely or partially insured employee who will have died leaving no widow, widower, child, or parent who would on proper application therefor be entitled to receive an annuity under this section for the month in which such death occurred, a lump sum of ten times the employee's basic amount shall be paid to the person, if any, who is determined by the

71 Stat. 519. 42 USC 416.

45 USC 2280.

45 USC 2280.

45 USC 228e.

150

72 Stat. 1780. Board to be the widow or widower of the deceased employee and to have been living with such employee at the time of such employee's death and who will not have died before receiving payment of such lump sum. If there be no such widow or widower, such lump sum shall be paid to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid the expenses of burial of such deceased employee.";

(2) by striking out "widow, widower, child, or parent” in the fourth sentence and inserting in lieu thereof"widow or widower”; and

(3) by striking out all of the fourth sentence beginning with "a payment to any then surviving widow" and inserting in lieu thereof the following: “a payment equal to the amount by which such lump sum exceeds such annuities so accrued after such deductions shall then nevertheless be made under this paragraph to the person (or, if more than one, in equal shares to the persons) first named in the following order of preference: the widow, widower, child, or parent of the employee then entitled to a sur

vivor annuity under this section." (b) Section 5 (f) (2) of such Act is amended by striking out “to 45 USC 228e. 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 or her estate, a lump sum” and by inserting in lieu thereof the following: "to the following person (or, if more than one, in equal shares to the persons) whose relationship to the deceased employee will have been determined by the Board and who will not have died before receiving payment of the lump sum provided for in this paragraph:

"(i) the widow or widower of the deceased employee who was living with such employee at the time of such employee's death; or

“(ii) if there be no such widow or widower, to any child or children of such employee; or

“(iii) if there be no such widow, widower, or child, to any grandchild or grandchildren of such employee; or

“(iv) if there be no such widow, widower, child, or grandchild, to any parent or parents of such employee; or

“(v) if there be no such widow, widower, child, grandchild, or parent, to any brother or sister of such employee; or

“(vi) if there be no such widow, widower, child, grandchild,

parent, brother, or sister, to the estate of such employee, a lump sum”.

(c) The first sentence of section 5 (h) of such Act is amended by 45 USC 228e. striking out “prior to” and inserting in lieu thereof "after":

(d) Section 5 (i) (3) of such Act is amended (1) by inserting 45 USC 228e. “and” after the semicolon in subparagraph (i); (2) by striking out all of subparagraph (ii) after "title II of the Social Security Act" 42 USC 401and inserting in lieu thereof a period; and (3) by striking out sub- 425. paragraphs (iii) and (iv). (e) Section 5 (k) (3) of such Act is amended

(1) by inserting in the first sentence after “service” the following:“, of determinations under section 3 (e) of this Act, or section 216 (i) of the Social Security Act, of periods of disability 42 USC 416. within the meaning of such section 216 (i),";

(2) by inserting in the first sentence after “this section” the following:“, section 3 (e) of this Act,"; and

(3) by inserting in the second sentence after “therein" the following:“(except in the case of a determination of disability under section 21. (i) of the Social Security Act)”.

42 USC 416.

45 USC 228e.

72 Stat. 1781.

45 USC 228e.

45 USC 2288. (f) Section 5 (1) (6) of such Act is amended by striking out the

parenthetical phrases in the first and second sentences and by inserting at the end thereof the following sentence: “Wages, as defined in this paragraph, shall be credited for the purposes of this section in the

manner and to the extent credited for corresponding purposes of title 42 USC 401-425. II of the Social Security Act."

(g) Section 5 (1) (7) (ii) of such Act is amended by striking out "forty or more quarters of coverage” and inserting in lieu thereof the

following: “either will have had forty or more quarters of coverage or 42 USC 401-425. would be fully insured under title II of the Social Security Act if his

service as an employee after December 31, 1936, were included in the

term 'employment' as defined in that Act”. 45 USC 228e. (h) Section 5 (1) (8) of such Act is amended (1) by striking out

“will have had (i)” and inserting in lieu thereof "(i) will have had", (2) by inserting either will have had” after“(ii)", and (3) by insert

ing before the final period a comma and the following: “or would 401-425. be currently insured under title II of the Social Security Act if his

service as an employee after December 31, 1936, were included in

the term 'employment' as defined in that Act". 45 USC 2288. (i) Section 5 (1) (9) of such Act is amended

(1) by striking out “quarter in which he will have died” each place it appears in clauses (A) and (B) and by inserting in liell thereof "employee's closing date”;

(2) by striking out the last proviso; and

(3) by inserting after the first sentence the following new sentence: “An employee's 'closing date shall mean (A) the first day of the first calendar year in which such employee both had attained age 65 and was completely insured; or (B) the first day of the calendar year in which such employee died; or (C) the first day of the calendar year following the year in which such employee died, whichever would produce the highest “average monthly remuneration' as defined in the preceding sentence. If the amount of the average monthly remuneration' as computed under this paragraph is not a multiple of $1, it shall be rounded

to the next lower multiple of $1”. Supergrades.

Sec. 3. Section 10 (b) (4) of the Railroad Retirement Act of 1937 45 USC 228j. is amended by inserting after the third sentence the following new

sentence: "For purposes of its administration of this Act or the Railroad nemployment Insurance Act, or both, the Board may hereafter place, without regard to the numerical limitations contained in section 505 of the Classification Act of 1949, as amended, four positions in grade GS-16 of the General Schedule established by that Act, four positions in grade GS-17 of such schedule, and one position in grade

GS-18 of such schedule. 45 USC 228m. Sec. 4. Section 13 of the Railroad Retirement Act of 1937 is

amended (1) by inserting “(a)” after “Sec. 13.”; (2) by inserting“, or both” before the final period, and (3) by adding at the end thereof the following new subsection:

“(b) All fines and penalties imposed by a court pursuant to this Act shall be paid to the court and be remitted from time to time by order of the judge to the Treasury of the United States to be credited

to the Railroad Retirement Account.” Effective

Sec. 5. (a) The amendments made by sections 1 (a), 1 (d), 1 (e), dates.

and 2 (i) shall be effective with respect to annuities awarded under 50 Stat. 307. the Railroad Retirement Act of 1937 on or after the date of the enact45 USC 2282

ment of this Act.

(b) The amendments made by sections 2 (g) and 2 (h) shall be effective (1) with respect to deaths occurring on or after the date of the enactment of this Act and (2) with respect to any death occurring

2282.

152

72 Stat. 1782. before such date if none of the survivors of the deceased individual became entitled before such date to monthly benefits, by reason of the individual's death, under title II of the Social Security Act. 42 USC 401

(c) The amendments made by section 1 (b) shall be effective with 425. respect to determinations of periods of disability, within the meaning of section 216 (i) of the Social Security Act, made on or after the date 42 USC 416. of the enactment of this Act.

(d) The amendments made by sections 1 (c), 2 (a), and 2 (b) shall be effective with respect to deaths occurring in months after the month in which this Act is enacted.

(e) The amendments made by sections 2 (c), 2 (d), and 2 (f) shall be effective with respect to annuities accruing for months after the month in which this Act is enacted.

(f) The amendments made by sections 2 (e) and 3 shall be effective on the date of the enactment of this Act.

(g) The amendment made by clause (3) of section 4 shall be effective with respect to offenses committed on or after the date of the enactment of this Act; and the other amendments made by section 4 shall be effective with respect to fines and penalties imposed on or after such date.

Part II-AMENDMENTS TO THE RAILROAD UNEMPLOYMENT INSURANCE

ACT Sec. 201. (a) (1) The second proviso in section 1 (k) of the Rail- Railroad Unroad Unemployment Insurance Act is amended by striking out "sec- employment ond” and inserting in lieu thereof “first", and by striking out "first" Insurance Act, and inserting in lieu thereof “second".

amendments. (2) The second paragraph of such section 1 (k) is amended by

52 Stat. 1094.

45 USC 351. striking out “one dollar” and inserting in lieu thereof "three dollars.

(b) Section 1 (q) of such Act is amended by inserting before the 45 USC 351. period at the end thereof the following: “in the unemployment trust fund”.

Sec. 202. Section 4 (a-1) (ii) of the Railroad Unemployment Insur- 45 USC 354. ance Act is amended by striking out all that follow's "sickness compensation law” and precedes the first proviso and by inserting in sieu thereof the following: “other than this Act, or any other socialinsurance payments under any law”.

SEC. 203. Section 8 (a) of the Railroad Unemployment Insurance 45 USC 358. Act is amended by inserting before the period at the end thereof a semicolon and the following: "and in determining such balance as of September 30 of any year, the balance to the credit of the railroad unemployment insurance administration fund as of the close of business on such date shall be deemed to be a part of the balance to the credit of such account”.

Sec. 204. (a) Section 904 (a) of the Social Security Act is amended Social Seourity by inserting after “the railroad unemployment insurance account” the Aot, amendfollowing: "or the railroad unemployment insurance administration ments. fund”.

" 42 USC 1104. (b) Section 904 (e) of the Social Security Act is amended by strik- 42 USC 1104. ing out "and the railroad unemployment insurance account” and inserting in lieu thereof the following: “, the railroad unemployment insurance account, and the railroad unemployment insurance administration fund”.

(c) Section 904 (f) of the Social Security Act is amended by strik- 42 USC 1104. ing out "fund as the Railroad Retirement Board” and all that follows and by inserting in lieu thereof the following: "railroad unemployment insurance account for the payment of benefits, and out of the railroad unemployment insurance administration fund for the pay

72 Stat. 1783.

ment of administrative expenses, as the Railroad Retirement Board may duly certify, not exceeding the amount standing to the credit of such account or such fund, as the case may be, at the time of such

Payment."

45 USC 361.

42 USC 1104.

45 USC 362.

Effective dates.
Ante, p. 1782.

Ante, p. 1782.

SEC. 205. Sectiou 11 (a) of the Railroad Unemployment Insurance Act is amended by striking out the first sentence and the first two words of the second sentence, and by inserting in lieu thereof the following: “The Secretary of the Treasury shall maintain in the unemployment trust fund established pursuant to section 904 of the Social Security Act an account to be known as the railroad unemployment insurance administration fund. This unemployment insurance administration fund".

Sec. 206. The second paragraph of section 12 (1) of the Railroad Unemployment Insurance Act is amended by striking out “Classification Act of 1923, except that the Board may fix the salary of a director of unemployment insurance at $10,000 per annum” and inserting in lieu thereof the following: “Classification Act of 1949, as amended".

Sec. 207. (a) The amendments made by section 201 (a) shall be effective with respect to registration periods in benefit years after the benefit year ending on June 30, 1958.

(b) The amendments made by section 202 shall be effective with respect to days in benefit years after the benefit year ending on June 30, 1958.

(c) The remaining amendments made by this part shall be effective, except as otherwise indicated therein, on the date of the enactment of this Act.

Part III-AMENDMENTS TO THE SOCIAL SECURITY ACT Sec. 301. Section 202 (t) of the Social Security Act is amended by changing the period at the end of paragraph (4) thereof to a comma and inserting thereafter the word "or" and the following:

“(E) the individual on whose employment such benefit is based had been in service covered by the Railroad Retirement Act which was treated as employment covered by this Act pursuant to the

provisions of section 5 (k) (1) of the Railroad Retirement Act." Sec. 302. The amendments made by section 301 of this Act shall apply with respect to monthly benefits under section 202 of the Social Security Act for months after December 1956, and with respect to lump-sum death payments under such section 202 in the case of deaths occurring after December 1956.

Approved September 6, 1958.

70 Stat, 835. 42 USC 402.

45 USC 228e.

42 USC 402.

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