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[H.R. 1055, 86th Cong., 1st sess.]

A BILL To amend the Railroad Retirement Act of 1937 to provide that benefits payable under such Act or the Railroad Retirement Act of 1935 shall not be considered as income in determining eligibility of veterans for non-service-connected disability pensions

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 20 of the Railroad Retirement Act of 1937 is amended (1) by inserting "(a)" immediately after "SEC. 20.”, and (2) by adding at the end thereof the following:

"(b) Pensions and annuities under this Act or the Railroad Retirement Act of 1935 shall not be considered as income for the purposes of section 422 of the Veterans' Benefits Act of 1957."

(NOTE.-H.R. 2500, by Mr. Rains, is identical with H.R. 1055.)

[H.R. 1273, 86th Cong., 1st sess.]

A BILL To amend the Railroad Retirement Act of 1937, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act, so as to provide increases in benefits, and for other purposes

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

PART I-AMENDMENTS TO THE RAILROAD RETIREMENT ACT OF 1937 SECTION 1. (a) Section 2(a)3. of the Railroad Retirement Act of 1937 is amended to read as follows:

"3. Individuals who will have attained the age of sixty and will have completed thirty years of serivce or, in the case of women, who will have attained the age of sixty-two and will have completed less than thirty years of service, but the annuity of such individual shall be reduced by one one-hundred-andeighth for each calendar month that he or she is under age sixty-five when the annuity begins to accrue."

(b) Section 2(d) of such Act is amended by adding at the end thereof the following new sentence: "If pursuant to the third sentence of this subsection an annuity was not paid to an individual with respect to one or more months in any calendar year, and it is subsequently established that the total amount of such individual's earnings during such year as determined in accordance with that sentence (but exclusive of earnings for services described in the first sentence of this subsection) did not exceed $1,200, the annuity with respect to such month or months, and any deduction imposed by reason of the failure to report earnings for such month or months under the fifth sentence of this subsection, shall then be payable. If the total amount of such individual's earnings during such year (exclusive of earnings for services described in the first sentence of this subsection) is in excess of $1,200, the number of months in such year with respect to which an annuity is not payable by reason of such third and fifth sentences shall not exceed one month for each $100 of such excess, treating the last $50 or more of such excess as $100; and if the amount of the annuity has changed during such year, and payments of annuity which become payable solely by reason of the limitation contained in this sentence shall be made first with respect to the month or months for which the annuity is larger."

(c) Section 2(e) of such Act is amended by striking out "than an amount” and inserting in lieu thereof "than 107 per centum of an amount".

(d) Section 2(g) of Such Act is amended by inserting after "wife under age 65" the following: "(other than a wife who is receiving such annuity by reason of an election under subsection (h))".

(e) Section 2 of such Act is further amended by adding at the end thereof the following new subsection:

"(h) A spouse who would be entitled to an annuity under subsection (e) if she or he had attained the age of 65 may elect upon or after attaining the age of 62 to receive such annuity, but the annuity in any such case shall be reduced by one one-hundred-and-eightieth for each calendar month that the spouse is under age 65 when the annuity begins to accrue."

SEC. 2. (a) Section 3(a) of the Railroad Retirement Act of 1937 is amended (1) by striking out "3.04", "2.28", and "1.52" and inserting in lieu thereof “3.25", "2.44", and "1.63", respectively; and (2) by striking out “$200” and inserting in lieu thereof "$250".

(b) Section 3(c) of such Act is amended by inserting after "or in excess of $350 for any month after June 30, 1954," the following: "and before January 1, 1960, or in excess of $400 for any month after June 30, 1959,".

(c) Section 3(e) of such Act is amended (1) by striking out "$4.55" and "$75.90" and inserting in lieu thereof "$4.87" and "$81.21", respectively; (2) by striking out “is less than the amount, or the additional amount" and inserting in lieu thereof "is less than 107 per centum of the amount, or 107 per centum of the additional amount"; (3) by inserting after "age sixty-five," the following: "women entitled to spouse's annuities pursuant to elections made under subsection (h) of section 2 to be entitled to wife's insurance benefits determined under section 202(q) of the Social Security Act,"; and (4) by striking out "such amount or such additional amount" and inserting in lieu thereof "107 per centum of such amount of 107 per centum of such additional amount".

SEC. 3. (a) Section 5(f) (1) of the Railroad Retirement Act of 1937 is amended (1) by striking out of the first sentence the following: "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"; (2) by inserting in the first sentence after "ten times the employee's basic amount" the following: ", but not to exceed a total of $750,"; and (3) by striking out the fourth sentence.

(b) Section 5(f) (2) of such Act is amended by striking out "and 7 per centum of his or her compensation after December 31, 1946 (exclusive in both cases of compensation in excess of $300 for any month before July 1, 1954, and in the latter case in excess of $350 for any month after June 30, 1954)," and by inserting in lieu thereof the following: “plus 7 per centum of his or her compensation paid after December 31, 1946, and before January 1, 1960. plus 7 per centum of his or her compensation paid after December 31, 1959 (exclusive of compensation in excess of $300 for any month before July 1, 1954, and in excess of $350 for any month after June 30, 1954, and before January 1, 1960, and in excess of $400 for any month after December 31, 1959,".

(c) Section 5 (h) of such Act is amended by striking out "$33", "$176", and "$15.40" wherever they appear and inserting in lieu thereof "$35.31", "$188.32", and "$16.48", respectively.

(d) Section 5(i) (1) (ii) of such Act is amended by striking out "or in which month he engaged on seven or more different calendar days in noncovered remunerative activity outside the United States (as defined in section 203 (k) of the Social Security Act)” and inserting in lieu thereof the following: "or, having engaged in any activity outside the United States, would be charged under such section 243 (e) with any earnings derived from such activity if it had been an activity within the United States".

(e) Clause (A) (i) of section 5(1) (9) of such Act is amended by striking out the word "and" appearing after “July 1, 1954,” and by inserting after “June 30, 1954," the following: "and before January 1, 1960, and any excess over $400 for any calendar month after December 31, 1959.".

(f) Clause (A) (ii) of section 5(1)(9) of such Act is amended (1) by inserting "and before 1960" after “1954" where it first appears; (2) by inserting after "$4,200" where it first appears the following: “, or for any calendar year after 1959 is less than $4,800,"; (3) by striking out "$350” and inserting in lieu thereof "$400"; and (4) by striking out "and $4,200 for years after 1954, by" and inserting in lieu thereof the following: ", $4,200 for years after 1954 and before 1960, and $4,800 for years after 1959, by".

(g) Section 5(1) (10) of such Act is amended by striking out “44”, “11”, “$350", "$15.40", "$36.66", "$27.50", and "$14.66" wherever they appear and inserting in lieu thereof "47", "12", "$400", "$16.48", "$39.23", "$29.43", and "$15.69", respectively.

SEC. 4. All pensions under section 6 of the Railroad Retirement Act of 1937, all joint and survivor annuities and survivor annuities deriving from joint and survivor annuities under that Act awarded before January 1, 1960, and all annuities under the Railroad Retirement Act of 1935, are increased by 7 per centum. SEC. 5. (a) The amendments made by section 1 (other than subsection (b) thereof), by subsections (a) and (c) of section 2, and by subsections (c) and (d) of section 3 shall be effective only with respect to annuities (not including annuities to which section 4 applies) accruing for months after December 1959. The amendment made by subsection (b) of section 1 shall be effective with respect to annuities accruing during the calendar year 1960 and subsequent calendar years. The amendments made by subsections (a) and (b) of section 3 shall

be effective only with respect to lump-sum payments (under sections 5(f) (1) and 5(f) (2) of the Railroad Retirement Act of 1937) in the case of deaths occurring after December 1959. The amendments made by subsection (g) of section 3 shall be effective only with respect to annuities accruing for months after December 1959 and lump-sum payments (under section 5(f)(1) of the Railroad Retirement Act of 1937) in the case of deaths occurring after December 1959. Section 4 shall be effective only with respect to pensions due in calendar months after December 1958 and annuities accruing for months after November 1959.

(b) All recertifications required by reason of the amendments made by this part shall be made by the Railroad Retirement Board without application therefor.

PART II-AMENDMENTS TO THE RAILROAD RETIREMENT TAX ACT

SEC. 201. (a) Sections 3201, 3202 (a), 3211, and 3221 of the Railroad Retirement Tax Act are each amended (1) by striking out "after December 31, 1954" wherever it appears and inserting in lieu thereof "after December 31, 1959", and (2) by striking out "$350" wherever it appears and inserting in lieu thereof "$400".

(b) Sections 3202(a) and 3221 of such Act are each further amended by striking out "after 1954" and inserting in lieu thereof “after 1959".

(c) Sections 3201 and 3221 of such Act are each further amended by striking out "64 percent" and inserting in lieu thereof "7 percent".

(d) Section 3201 of such Act is further amended by striking out the period at the end thereof and inserting in lieu of such period a colon and the following: "Provided, That the rate of tax imposed by this section shall be increased, with respect to compensation paid after December 31, 1965, for services rendered after such date, by a number of percentage points (including fractional points) equal at any given time to the number of percentage points (including fractional points) by which the rate of the tax imposed with respect to wages by section 3101 at such time exceeds the rate provided by paragraph (2) of such section 3101 as amended by the Social Security Amendments of 1956."

(e) Section 3211 of such Act is further amended by striking out "121⁄2 percent" and inserting in lieu thereof "14 percent", and by striking out the period at the end thereof and inserting in lieu of such period a colon and the following: "Provided, That the rate of tax imposed by this section shall be increased, with respect to compensation paid after December 31, 1966, for services rendered after such date, by a number of percentage points (including fractional points) equal at any given time to twice the number of percentage points (including fractional points) by which the rate of the tax imposed with respect to wages by section 3101 at such time exceeds the rate provided by paragraph (2) of such section 3101 as amended by the Social Security Amendments of 1956."

(f) Section 3221 of such Act is further amended by inserting "(a)" before "In addition", and by adding at the end thereof the following new subsection: "(b) The rate of tax imposed by subsection (a) shall be increased, with respect to compensation paid after December 31, 1966, for services rendered after such date, by a number of percentage points (including fractional points) equal at any given time to the number of percentage points (including fractional points) by which the rate of the tax imposed with respect to wages by section 3111 at such time exceeds the rate provided by paragraph (2) of such section 3111 as amended by the Social Security Amendments of 1956."

SEC. 202. The amendments made by section 201 shall, except as otherwise provided in such amendments, be effective only with respect to compensation paid after December 31, 1959, for services rendered after such date.

PART III-AMENDMENTS TO THE RAILROAD UNEMPLOYMENT INSURANCE ACT SEC. 301. Section 1 (i) of the Railroad Unemployment Insurance Act is amended by striking out the proviso in the first sentence and inserting in lieu thereof ": Provided, however, That in computing the compensation paid to any employee, no part of any month's compensation in excess of $300 for any month before July 1, 1954, or in excess of $350 for any month after June 30, 1954, and before January 1, 1960, or in excess of $400 for any month after December 31, 1959, shall be recognized".

SEC. 302. (a) Section 2(a) of the Railroad Unemployment Insurance Act is amended by striking out the language between "(i)" and "(ii)" and insert

ing in lieu thereof the following: "for each day of unemployment in excess of four during registration period, and."

(b) Section 2(a) of such Act is further amended by striking out columns I and II and inserting in lieu thereof the following:

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(c) The proviso in such section 2(a) is amended by striking out "50" and "$8.50" and inserting in lieu thereof "60" and $20.20", respectively.

SEC. 303. (a) Section 2 (c) of the Railroad Unemployment Insurance Act is amended by striking out the period at the end thereof and inserting in lieu of such period a colon and the following: "And provided, further, That, with respect to an employee who has ten or more years of service as defined in section 1(f) of the Railroad Retirement Act of 1937, who did not voluntarily leave work without good cause or voluntarily retire, and who had current rights to normal benefits for days of unemployment in a benefit year but has exhausted such rights, the benefit year in which such rights are exhausted shall be deemed not to be ended until the last days of the extended benefit period determined under the following schedule, and the maximum number of days of, and amount of payment for, unemployment within such benefit year for which benefits may be paid to the employee shall be enlarged to include all compensable days of unemployment within such extended benefit period:

"If the employee's 'years of

service' total

10 and less than 15

15 and over_.

The extended benefit period shall begin on the first day of unemployment following the day on which the employee exhausted his then current rights to normal benefits for days of unemployment and shall continue for successive fourteen-day periods (each of which periods shall constitute a registration period) until the number of such fourteen-day periods totals

1 (but not more than 65 days) 13

but no such extended benefit period shall extend beyond the beginning of the first registration period in a benefit year in which the employee is again qualified for benefits in accordance with section 3 of this Act on the basis of compensation earned after the first of such successive fourteen-day periods has begun. For an employee who has ten or more years of service, who did not voluntarily leave work without good cause or voluntarily retire, who has fourteen or more consecutive days of unemployment, and who is not a 'qualified employee' for the general benefit year current when such unemployment commences but is or becomes 'qualified employee' for the next succeeding general benefit year, such succeeding benefit year shall, in his case, begin on the first day of the month in which such unemployment commences."

(b) An employee who has less than ten years of service as defined in section 1(f) of the Railroad Retirement Act of 1937, and who has after June 30, 1957 exhausted (within the meaning prescribed by the Railroad Retirement Board by regulation) his rights to unemployment benefits, shall be paid unemployment benefits for days of unemployment, not exceeding sixty-five, which occur in registration periods beginning on or after June 19, 1959, and before April 1, 1960, and which would not be days with respect to which he would be held entitled otherwise to receive unemployment benefits under the Railroad Unemployment Insurance Act, except that an employee who has filed, and established, a first claim for benefits under the Temporary Unemployment Compensation Act of

1958 may not thereafter establish a claim under this subsection, and an employee who has registered for, and established, a claim for benefits under this subsection may not thereafter establish a claim under the Temporary Unemployment Compensation Act of 1958. Except to the extent inconsistent with this subsection, the provisions of the Railroad Unemployment Insurance Act shall be applicable in the administration of this subsection.

(c) The Secretary of Labor, upon request, shall furnish the Board information deemed necessary by the Board for the administration of the provisions of subsection (b) hereof, and the Board, upon request, shall furnish the Secretary of Labor information deemed necessary by the Secretary for the administration of the Temporary Unemployment Compensation Act of 1958. SEC. 304. Section 3 of the Railroad Unemployment Insurance Act is amended by striking out "$400" and inserting in lieu thereof "$500”.

SEC. 305. Section 4 (a-2) of the Railroad Unemployment Insurance Act is amended by striking out subdivision (iv), and by striking out the semicolon at the end of subdivision (iii) and inserting in lieu thereof a period.

SEC. 306. Section 8(a) of the Railroad Unemployment Insurance Act is amended (1) by inserting after "June 30, 1954" where it first appears the following: ", and before January 1, 1960, and is not in excess of $400 for any calendar month paid by him to any employee for services rendered to him after December 31, 1959"; (2) by inserting after "June 30, 1954" where it appears for the second time the following: “, and before January 1, 1960, and to not more than $400 for any month after December 31, 1959"; (3) by inserting after “June 30, 1954" where it appears for the third time the following: ", and before January 1, 1960, or less than $400 if such month is after December 31, 1959"; (4) by striking out "1947" in paragraph 2 and inserting in lieu thereof “1959"; and (5) by striking out the table (except the column headings) in such paragraph 2 and inserting in lieu thereof the following:

"$450,000,000 or more..

$400,000,000 or more but less than $450,000,000... $350,000,000 or more but less than $400,000,000.... $300,000,000 or more but less than $350,000,000_ Less than $300,000,000__.

11⁄2 percent
2 percent
22 percent
3 percent
31⁄2 percent".

SEC. 307. Section 8(b) of the Railroad Unemployment Insurance Act is amended (1) by striking out "3 per centum" and inserting in lieu thereof "31⁄2 percentum"; and (2) by inserting before the period at the end of the first sentence the following: ", and before January 1, 1960, and as is not in excess of $400 paid to him for services rendered as an employee representative in any calendar month after December 31, 1959".

SEC. 308. The amendments made by sections 302, 303 (a), and 305 shall be effective with respect to benefits accruing in general benefit years which begin after the benefit year ending June 30, 1959, and in extended benefit periods which begin after December 31, 1958. The amendment made by section 304 shall be effective with respect to base years after the base year ending December 31, 1958. The amendment made by clause (1) of section 307 shall apply with respect to compensation paid for services rendered in calendar months after December 31, 1959.

[H.R. 1374, 86th Cong., 1st sess.]

A BILL To amend the Railroad Retirement Act of 1937 so as to provide a 20 per centum increase in widows' annuities

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5(a) of the Railroad Retirement Act of 1937, as amended, is amended (1) by striking out "equal to such employee's basic amount" and inserting in lieu thereof “equal to 120 per centum of such employee's basic amount in the case of a widow and equal to such employee's basic amount in the case of a widower", and (2) by striking out "the widow's or widower's annuity shall be increased by such greater amount" and inserting in lieu thereof "the annuity shall be increased to 120 per centum of such greater amount in the case of a widow and increased to such greater amount in the case of a widower".

SEC. 2. Section 5(b) of the Railroad Retirement Act of 1937, as amended, is amended (1) by striking out "equal to the employee's basic amount" and inserting in lieu thereof "equal to 120 per centum of the employee's basic amount",

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