and (2) by striking out "increased to such greater amount" and inserting in lieu thereof "increased to 120 per centum of such basic amount".

SEC. 3. Section 3 (e) of the Railroad Retirement Act of 1937, as amended, is amended by inserting before the period at the end thereof a colon and the following: "Provided further, That any widow's annuity to which the preceding proviso applies shall be further increased to 120 per centum of the amount of such annuity as determined under such proviso".

SEC. 4. The amendments made by this Act shall apply only with respect to annuities accruing under the Railroad Retirement Act of 1937 for months after the month in which this Act is enacted. All recertifications required by reason of such amendments shall be made by the Railroad Retirement Board without application therefor.

[H.R. 2214, 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 service 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-andeightieth 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, any 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 110 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 “3.35", “2.51", and "1.67", 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 July 1, 1957, or in excess of $400 for any month after June 30, 1957,”.

(c) Section 3 (e) of such Act is amended (1) by striking out "$4.55" and "$75.90" and inserting in lieu thereof "$5.00" and "$83.50", respectively; (2) by striking out "is less than the amount, or the additional amount" and inserting in lieu thereof "is less than 110 per centum of the amount, or 110 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 of such additional amount" and inserting in lieu thereof "110 per centum of such amount or 110 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, 1957, plus 71⁄2 per centum of his or her compensation paid after December 31, 1956, and before January 1, 1958, plus 8 per centum of his or her compensation paid after December 31, 1957 (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 July 1, 1957, and in excess of $400 for any month after June 30, 1957),”.

(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 "$36.30", "$193.60”, and "$16.95", 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 203 (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 July 1, 1957, and any excess over $400 for any calendar month after June 30, 1957,".

(f) Clause (A) (ii) of section 5 (1) (19) of such Act is amended (1) by inserting "and before 1957" after "1954" where it first appears; (2) by inserting after "$4,200" where it first appears the following: ", or for the calendar year 1957 is less than $4,500, or for any calendar year after 1957 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 the years after 1954, by" and inserting in lieu thereof the following: ", $4,200 for years after 1954 and before 1957, $4,500 for the year 1957, and $4,800 for years after 1957, 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 "49", "12", "$400", $16.95", "$40.33", "$30.25", and "$16.13", 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 July 1, 1957, and all annuities under the Railroad Retirement Act of 1935, are increased by 10 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 June 1957. The amendment made by subsection (b) of section 1 shall be effective with respect

to annuities accruing during the calendar year 1957 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 June 1957. The amendments made by subsection (g) of section 3 shall be effective only with respect to annuities accruing for months after June 1957 and lump-sum payments (under section 5 (f) (1) of the Railroad Retirement Act of 1937) in the case of deaths occurring after June 1957. Section 4 shall be effective only with respect to pensions due in calendar months after July 1957 and annuities accruing for months after June 1957.

(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 June 30, 1957", 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 June 1957".

(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, 1969, 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 "15 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, 1969, 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, 1969, 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 frac tional 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 June 30, 1957, 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 July 1, 1957, or in excess of $400 for any month after June 30, 1957, 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 inserting in

lieu thereof the following: "for each day of unemployment in excess of four during any 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:

(c) The proviso in such section 2(a) is amended by striking out "50" and "$8.50" and inserting in lieu thereof "60" and "$10.20", respectively.

SEC. 303. 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 five 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 day 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:

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 five 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 a 'qualified employee' for the next succeeding general benefit year, such succeeding benefit year shall, in his case, begins on the first day of the month in which such unemployment commences."

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 July 1, 1957, and is not in excess of $400 for any calendar month paid by him to any employee for services rendered to him after

June 30, 1957"; (2) by inserting after "June 30, 1954" where it appears for the second time the following: ", and before July 1, 1957, and to not more than $400 for any month after June 30, 1957"; (3) by inserting after "June 30, 1954" where it appears for the third time the following: ", and before July 1, 1957, or less than $400 if such month is after June 30, 1957"; (4) by striking out "1947" in paragraph 2 and inserting in lieu thereof "1957"; 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....

2 percent 22 percent 3 percent 32 percent

4 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 "4 per centum"; and (2) by inserting before the period at the end of the first sentence the following: ", and before July 1, 1957, and as is not in excess of $400 paid to him for services rendered as an employee representative in any calendar month after June 30, 1957".

SEC. 308. The amendments made by sections 302, 303, and 305 shall be effective with respect to benefits accruing in general benefit years which begin after the benefit year ending June 30, 1957, and in extended benefit periods which begin after December 31, 1956. The amendment made by section 304 shall be effective with respect to base years after the base year ending December 31, 1956. The amendment made by clause (1) of section 307 shall apply with respect to compensation paid for services rendered in calendar months after June 30, 1957. (NOTE.-H.R. 1384, by Mr. Winstead, and H.R. 2541, by Mr. Hechler, are identical with H.R. 2214.)

[H.R. 3289, 86th Cong., 1st sss.]

A BILL To amend the Railroad Retirement Act of 1937

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act be cited as the "Railroad Retirement Act of 1959".

SEC. 2. Paragraphs numbered 2 and 3 of section 2(a) of the Railroad Retirement Act of 1937, as amended, are amended to read as follows:

"2. Individuals who will have attained the age of sixty and will have completed thirty years of service.

"3. Individuals who will have completed thirty-five years of service, without regard to age."

SEC. 3. Section 3(c) of such Act amended to read as follows:

"(c) The 'monthly compensation' shall be the average compensation paid to an employee with respect to calendar months included in his 'years of service', except that

"(1) with respect to service prior to January 1, 1937, the monthly compensation shall be whichever is higher, (A) the average compensation paid to an employee with respect to calendar months included in his years of service in the years 1924-31, or (B) the average compensation paid to him monthly for the calendar years (consecutive or nonconsecutive), not in excess of five, prior to January 1, 1937, for each of which he received aggregate compensation exceeding that received by him for any other such calendar year: Provided, That where either of the foregoing methods is, in the judgment of the Board, insufficient to constitute a fair and equitable basis for determining the amount of compensation paid to him with respect to service prior to January 1, 1937, the Board shall determine the amount of compensation paid to him in each month of service before 1937, in such manner as in its judgment shall be fair and equitable; and

"(2) the amount of compensation paid or attributable as paid to him with respect to each month of service before September 1941 as a station employee whose duties consisted of or included the carrying of passengers' hand baggage and otherwise assisting passengers at passenger stations and whose