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fits, 76th Congress, Approved August 13, 1940----
Public Resolution 102, Providing for Acquisition by the Railroad Retire
Retirement Act, 76th Congress, Approved October 9, 1940.-----
Railroad Retirement Acts, 77th Congress, Approved April 8, 1942_-
Railroad Retirement Acts, Approved June 28, 1944.---
Public Law 881 (Extract), 84th Congress, Amends Railroad Retirement Act
relative to military service rendered by individual after December 1956..
RAILROAD UNEMPLOYMENT INSURANCE ACTS
gress, Approved June 6, 1938.--
1938, 76th Congress, Approved June 20, 1939----
Insurance Act. 76th Congress, Approved July 2, 1940..
Public Law 640, To Amend Section 13 (d) of the Railroad Unemployment
Insurance Act, 77th Congress, Approved June 30, 1942----
Public Law 343, 82d Congress, To Amend Sections 2 and 3 of the Rail-
road Unemployment Insurance Act of 1938, as Amended.----------
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