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45 USC 2286. (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." i 45 USC 2288. (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 42 USC 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”. 145 USC 2286. (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 lieli 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 Rail. road Unemployment 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

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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.

52 Stat. 1094. (2) The second paragraph of such section 1 (k) is amended by 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 (2-1) (ii) of the Railroad Unemployment Insur- 45 USC 354. ance Act is amended by striking out all that follows "sickness compensation law” and precedes the first proviso and by inserting in lieu 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 lunemployment 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

42 USC 1104.

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.

Sec. 205. Section 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”. 45 USC 362.

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. Effective dates.

Sec. 207. (a) The amendments made by section 201 (a) shall be Ante, p. 1782. effective with respect to registration periods in benefit years after the

benefit year ending on June 30, 1958. Ante, p. 1782.

(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.

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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.

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86th Congress, H. R. 5610

May 19, 1959

AN ACT
Io amend the Rallroad Retirement Act of 1987, the Rallrond Retirement Tax

Act, and the Rallroad Unemployment Lorannce Act, wou to provide increases
In bewegts, and for other purposen.

300

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Be it cnacted by the Senate and House of Representatives of the

Railroad Retiro. * Onited States of Amorica in Congress assemblad,

mont Aot of 1937,

mondments. Part I-AXENDIENTS TO THE RAILROAD RETIREMENT Act of 1987Section 1. (a) Section 2(a)3 of the Railroad Retirement Act of 50's

- 45 USC 2280. 1987 is amended to read as follows:

“3. Individuals who will have attained the age of státy and with Womon.. havo completed thirty years of service or, in the case of women, whol Roduood annuity.

T 13 Stat, 25. 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 ono one-hundred-and-eightieth for each calendar month that ho or she is under ago sixty-five when the annuity begins to accrue."

(b) Section 2(d) of such Act is amended by adding at the end di mability thereof the following new sentence: “If pursuant to the third sentenco ammiti... 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 "he total amount of such individual's earnings during such year as determined in accordance with that sentence (but exclusive of earnings for services describod 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 tailure 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 Spouse', amount" and inserting in lieu thereof "than 110 per centum of an amuity. amount".

(d) Section 21g) of such Act is amended by inserting after “wito under age 65" the following: “(other than a wife who je receiving such annuity by reason of an election under subsection (h))".

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

"(h) A spouso 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 calondar month that the spouse is under age 66 when the annuity begins to accrue."

Soc. 2. (a) Soction 3(a) of the Railroad Retirement Act of 1937 is Annuity CompuAmended (1) by striking out “3.04”, “2.28”, and “1.52" and inserting tation. in lieu thereof “3.35”, “2.51", and “1.67", respectively; and (2) by 45 USC 220.. striking out "$200" and inserting in lieu thereof “$250".

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45 USC 2980. (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 the calendar month next following the month in which this Act was amended in 1959, or in excess of $400 for any month after the month in which this Act was so amended,”.

(c) Section 3(e) of such Act is amended (1) by striking out “$4.55”, 73 Stat. 26. "$75.90", and "his monthly compensation" and inserting in lieu thereof 73 Stat. 21. $5.00", $83.50” and “110 per centum of his monthly compensation”,

respectively; (2) by striking out “is less than the amount, or the additional amount" and inserting in lieu thereof “is less than 110 per contum of the amount, or 110 per centum of the additional amount"; (3) by inserting after "age sixty-five," the following:“women entitled to spouses' annuities pursuant to elections made under subsection (h)

of section 2 to be entitled to wife's insurance benefits determined under 70 Stat. 809. section 202 (9) of the Social Security Act,"; and (4) by striking out 42 USC 402.

“such amount or such additional amount” and inserting in lieu thereof “110 per centum of such amount or 110 per centum of such additional

amount”. Survivor anmui. Sec. 3. (a) Section 5(f) (2) of the Railroad Retirement Act of 1937

is amended by striking out "and 7 per centum of his or her compensa45 USC 2200.

tion 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, 1959, plus 712 per centum of his or her compensation paid after December 31, 1958, and before January 1, 1962, plus 8 per contum of his or her compensation paid after December 31, 1961 (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 the calendar month next following the month in which this Act was amended in 1959, and in excess of $400 for any month after the month in which this Act was so amended),”.

(b) Section 5(b) of such Act is amended by striking out “$33", “$176”, and “$18.40” wherever they appear and inserting in lieu thereof “$36.30”, “$193.60”, and “$16.95", respectively.

(c) 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 42 USC 403. (as defined in section 203(k) of the Social Security Act)" and insert

ing 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”. 72 Stat. 1781. (d) Clause (A) (i) of section 5(1) (9) of such Act is amended by 45 USC 2286. striking out the word "and" appearing after “July 1, 1954," and by

inserting after “June 30, 1954," the following: "and before the calendar month next following the month in which this Act was amended in 1959, and any excess over $400 for any calendar month after the month in which this Act was so amended.”.

(e) Clause (A) (ii) of section 5(1) (9) of such Act is amended (1) by inserting "and before 1959" after “1954" where it first appears; (2) by inserting after "$4,200" where it first appears the following: "", or for any calendar year after 1958 is less than $4,800,"; (3) by striking out “$360” and inserting in lieu thereof “$100"; 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 1959, and $4,800 for years after 1958, by”.

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