Page images
PDF
EPUB

All 70 Stat. 838.

average rate is not a multiple of one-eighth of 1 per centum, the rate of interest shall be the multiple of one-eighth of 1 per centum next lower than such average rate.

"(E) The Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund from the Retirement Account or to the Retirement Account from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as the case may be, such amounts as, from time to time, may be determined by the Board and the Secretary of Health, Education, and Welfare pursuant to the provisions of subparagraphs (B) and (C) of this subsection, and certified by the Board or the Secretary of Health, Education, and Welfare for transfer from the Retirement Account or from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund."

EFFECT ON BENEFITS OF CONVICTION OF ESPIONAGE, SABOTAGE, TREASON,

SEDITION, OR SUBVERSIVE ACTIVITIES; EMPLOYMENT BY COMMUNIST
ORGANIZATIONS

42 USC 402. Sec. 121. (a) Section 202 of the Social Security Act is amended by Ante, p. 835. adding after subsection (t) (added by section 118 of this Act) the

following new subsection:

62 Stat. 736, 798, 807. 64 Stat. 991. 50 USC 783, 822, 823. Ante, p. 815.

“Conviction of Subversive Activities, Etc. “(u) (1) If any individual is convicted of any offense (committed after the date of the enactment of this subsection) under

“(A) chapter 37 (relating to espionage and censorship), chapter 105 (relating to sabotage), or chapter 115 (relating to treason, sedition, and subversive activities) of title 18 of the United States Code, or

"(B) section 4, 112, or 113 of the Internal Security Act of

1950, as amended, then the court may, in addition to all other penalties provided by law, impose a penalty that in determining whether any monthly insurance benefit under this section or section 223 is payable to such individual for the month in which he is convicted or for any month thereafter, and in determining the amount of any such benefit payable to such individual for any such month, there shall not be taken into account

“(C) any wages paid to such individual or to any other individual in the calendar quarter in which such conviction occurs or in any prior calendar quarter, and

“(D) any net earnings from self-employment derived by such individual or by any other individual during a taxable year in

which such conviction occurs or during any prior taxable year. “(2) As soon as practicable after an additional penalty has, pursuant to paragraph (1), been imposed with respect to any individual, the Attorney General shall notify the Secretary of such imposition.

“(3) If any individual with respect to whom an additional penalty has been imposed pursuant to paragraph (1) is granted a pardon of the offense by the President of the United States, such additional penalty shall not apply for any month beginning after the date on which such pardon is granted.”

(b) The amendment made by subsection (a) of this section shall not be construed to restrict or otherwise affect any of the provisions of the Act entitled “An Act to prohibit payments of annuities to officers and employees of the United States convicted of certain offenses, and for other purposes”, approved September 1, 1954 (Public Law 769, Eighty-third Congress).

68 Stat. 1142. 5 USC 740 b. 7401.

All 70 Stat, 838.

average rate is not a multiple of one-eighth of 1 per centum, the rate of interest shall be the multiple of one-eighth of 1 por centum next lower than such average rate.

“(E) The Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund from the Retirement Account or to the Retirement Account from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as the case may be, such amounts as, from time to time, may be determined by the Board and the Secretary of Health, Education, and Welfare pursuant to the provisions of subparagraphs (B) and (C) of this subsection, and certified by the Board or the Secretary of Health, Education, and Welfare for transfer from the Retirement Account or from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund.”

Sec. 403. The amendment made by section 402 shall be effective with respect to fiscal years beginning after June 30, 1957.

Approved August 1, 1956.

P

85th Congress, s. 2020
September 6, 1958
AN ACT

72 Stat. 1778.
To amend the Railroad Retirement Act of 1937, the Railroad Unemployment

Insurance Act, and the Social Security Act.

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

Railroad Retire.

ment Act of 1937, PART 1AMENDMENTS TO THE RAILROAD RETIREMENT Act of 1937 amendments.

"Monthly compen. SECTION 1. (a) Section 3 (c) of the Railroad Retirement Act of satio.l.'

50 Stat. 311. 1937 is amended by adding at the end thereof the following new sen

45 USC 2280. tence: "If the ‘monthly compensation' computed under this subsection is not a multiple of $i, it shall be rounded to the next lower multiple

[ocr errors]

(b) Section 3 (e) of such Act is amended by inserting at the end 45 USC 228c. thereof the following new paragraph:

“For the purposes of this subsection, the Board shall have the same "Period of authority to determine a 'period of disability within the meaning of disability." section 216 (i) of the Social Security Act, with respect to any employee 66 Stat. 771. who will have filed application tlierefor and (i) lave completed ten 42 USC 416. years of service or (ii) have been awarded an annuity, as the Secretary of Health, Education, and Welfare would have to determine such a period under such section 216 (i) if the employee met the requirements of clauses (A) and (B) of paragraph (3) of such section, considering for purposes of such determination that all his service as an employee after 1936 constitutes 'employment' within the meaning of title II of 42 USC 401the Social Security Act and determining his quarters of coverage for 425. such purposes by presuming his compensation in a calendar year to have been paid in equal proportions with respect to all months in which he will have been in service as an employee in such calendar year: Provided, That an application for an annuity filed with the Board on the basis of disability shall be deemed to be an application to determine such a period of disability, and such an application filed with the Board on or before the date of the enactment of this paragraph shall, for purposes of this subsection and section 216 (i) (4) 42 USC 416. of the Social Security Act, be deemed filed after December 1954 and before July 1958: Provided further, That, notwithstanding any other provision of law, the Board shall have the authority to make such determination on the basis of the records in its possession or evidence otherwise obtained by it, and a determination by the Board with l'espect to any employee concerning such a 'period of disability shall be deemed a final decision of the Board determining the rights of persons under this Act for purposes of section 11 of this Act. An application filed with the Board pursuant to this paragraph shall be deemed filed as of the same date also with the Secretary of Health, Education, and Welfare for the purpose of determining a 'period of disability under section 216 (i) of the Social Security Act."

42 USC 416. (c) Section 3 (f) of such Act is amended to read as follows: 45 USC 2280.

“(f) (1) Annuities under section 2 (a) which will have become due Annuities. an individual but will not have been paid at the time of such individual's death shall be payable to the person, if any, who is determined by the Board to be such individual's widow or widower and to have been living with such individual at the time of such individual's death and who will not have died before receiving payment of such annuities. If there be no such widow or widower, such annuities shall be payable 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

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 payment 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

sulod

[ocr errors][merged small][merged small][ocr errors]

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 widoir, 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 2288. 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

45 USC 228e. (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 216 (i) of the Social Security Act)”.

42 USC 416.

« PreviousContinue »