80 STAT. 1083

73 Stat. 28. 26 USC 3201.

26 USC 3211. 62 Stat: 577. 45 USC 228e.

79 Stat. 340. 45 USC 228s-2.

79 Stat. 395. 26 USC 3101.

65 Stat. 686.

60 Stat. 731; 72 Stat. 1780.

68 Stat. 1098.

45 USC 228c.

Post, p. 1084.

65 Stat. 689; 68 Stat. 1039.

December 31, 1965, under the provisions of section 3201 of the Railroad Retirement Tax Act, plus one-half of 1 per centum of the compensation on which such taxes were payable, deeming the compensation attributable to creditable military service rendered after June 30, 1963, to be taxable compensation, and one-half of the taxes payable by an employee representative under section 3211 of the Railroad Retirement Tax Act to be employee taxes payable under section 3201 of such Act". The said section 5(f) (2) is further amended by striking out the colon before the proviso and inserting in lieu thereof the following: "(for this purpose, payments to providers of services under section 21 of this Act and the amount of the employee tax attributable to so much in tax rate as is derived from section 3101 (b) of the Internal Revenue Code of 1954, shall be disregarded) :".

(2) The said section 5(f) (2) is further amended by striking out the phrase "upon attaining retirement age (as defined in section 216(a) of the Social Security Act)" wherever it appears and inserting in lieu thereof "upon attaining the age of eligibility".

(e) Section 5(g) of such Act is amended by striking out paragraph (3) thereof.

(f) Section 5(i) of such Act is amended by inserting in paragraph 3(i) after "Retirement Acts" the following: "as in effect before 1947" and by striking out the word "and"; by inserting after "employee” in paragraph 3(ii) "before 1947", and by changing the period to a semicolon and inserting thereafter the word "and"; by inserting after paragraph 3(ii) the following: "(iii) any lump-sum benefit, paid to the same person, with respect to the death of such employee under subsection (f) (2)"; and by inserting after paragraph (3) thereof the following new paragraph:

"(4) Any annuity for a month prior to the month in which application is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any annuity which, before the filing of such application, the Board has certified for payment for such prior month.";

and by changing "(4)" to "(5)" in the last paragraph thereof.

(g) Section 5(i) (1) (ii) of such Act is amended by inserting before "; or" the following: ": Provided, however, That in determining an individual's excess earnings for a year for the purposes of this section and section 3 (e) there shall not be included his income from employment or self-employment during months beginning with the month with respect to which he ceases to be qualified for an annuity or ceases, without regard to the effect of excess earnings, to be included in the computation under section 3 (e)".

(h) Section 5(j) of such Act is amended by inserting before the period at the end thereof the following: ": Provided, however, That the annuity of a child qualified under subsection (1) (1) (ii) (C) of this section shall cease to be payable with the month preceding the third month following the month in which he ceases to be unable to engage in any regular employment by reason of a permanent physical or mental condition unless in the month herein first mentioned he qualifies for an annuity under one of the other provisions of this Act".

(i) Section 5 (k) (1) of such Act is amended by striking out "section 210(a) (10)" and inserting in lieu thereof "section 210(a) (9)". (j) (1) Section 5(1)(1)(ii) of such Act is amended by striking out "or uncle" and inserting in lieu thereof "uncle, brother or sister". (2) The said section 5(1)(1) (ii) is further amended by striking out "and shall be less than eighteen years of age, or shall have a permanent physical or mental condition which is such that he is unable to engage in any regular employment: Provided, That such

disability began before the child attains age eighteen; and" and inserting in lieu thereof the following: "and

"(A) shall be less than eighteen years of age; or

"B) shall be less than twenty-two years of age and a full-time student at an educational institution (determined as prescribed in this paragraph); or

"(C) shall, without regard to his age, be unable to engage in any regular employment by reason of a permanent physical or mental condition which began before he attained age eighteen, and".

80 STAT. 1084

60 Stat. 733;

65 Stat. 689. 45 USC 228e.

45 USC 228c.

42 USC 416.

79 Stat. 371.

(3) Section 5(1)(1) of such Act is further amended (i) by inserting before the period at the end of the second sentence thereof the following: ", or if such widow or widower would be paid benefits, as such, under title II of the Social Security Act but for the fact that the employee died insured under this Act"; (ii) by inserting after "subsection (f) of section 2" in the fourth sentence thereof the following: "and subsection (f) of section 3"; (iii) by inserting after such fourth sentence the following new sentence: "In determining for purposes of this section and subsection (f) of section 3 whether an appli- 72 Stat. 1778. cant is the grandchild, brother, or sister of an employee as claimed, the rules set forth in section 216 (h) (1) of the Social Security Act, as in effect prior to 1957, shall be applied the same as if such persons were included in such section 216 (h) (1)."; (iv) by changing the semicolon at the end thereof to a period and inserting thereafter the following: "The provisions of paragraph (8) of section 202 (d) of the Social Security Act (defining the terms 'full-time student' and 'educational institution') shall be applied by the Board in the administration of 42 USC 402. this section as if the references therein to the Secretary were references to the Board. For purposes of the last sentence of subsection (j) of this section, a child entitled to a child's insurance annuity only on the basis of being a full-time student described in clause (ii) (B) of this paragraph shall cease to be qualified therefor in the first month during Supra. no part of which he is a full-time student, or the month in which he attains age 22, whichever first occurs. A child whose entitlement to a child's insurance annuity, on the basis of the compensation of an insured individual, terminated with the month preceding the month in which such child attained age eighteen, or with a subsequent month, may again become entitled to such an annuity (providing no event to disqualify the child has occurred) beginning with the first month thereafter in which he is a full-time student and has not attained the age of twenty-two, if he has filed an application for such reentitlement."; and (v) by striking out the semicolon from the end of paragraphs "(2)", "(3)”, “(5)”, “(7)”, and “(9)” and inserting in lieu thereof a period.

(k) Section 5(1)(9) of such Act is amended by inserting after the last sentence of the first paragraph thereof the following new sentence: "In any case where credit is claimed for months of service within two years prior to the death of the employee who rendered such service, with respect to which the employer's return pursuant to section 8 of this Act has not been entered on the records of the Board before a benefit under this section could otherwise be certified for payment, the Board may, in its discretion (subject to subsequent adjustment at the request of the survivor) include the compensation for such months in the computation of the benefit without further verification and may consider the compensation for such months to be the average of the compensation for months in the last period for which the employer has filed a return of the compensation of such employee."

50 Stat. 313.

45 USC 228h.

80 STAT. 1085 - 50 Stat. 313;

60 Stat. 735. 45 USC 228h.

54 Stat. 1100.

45 USC 2281.

45 USC 228j.

52 Stat. 1107; 60 Stat. 740. 45 USC 362.

56 Stat. 207. 45 USC 228s.

45 USC 228s-1.

56 Stat. 207. 45 USC 215228 notes.

SEC. 106. Section 8 of the Railroad Retirement Act of 1937 is amended by striking out from the first sentence the phrase "under oath"; and by striking out from the second sentence the phrase "claimed to will have been paid" and inserting in lieu thereof "claimed to have been paid".

SEC. 107. (a) The first sentence of section 9(a) of the Railroad Retirement Act of 1937 is amended by inserting after "individual”, where it appears the third time, the following: "or, on the basis of the same compensation, any other individual,”.

(b) The second sentence of such section 9(a) is amended by striking out the phrase "such individual" where it first appears in such sentence, and inserting in lieu thereof "the individual to whom more than the correct amount has been paid".

SEC. 108. Section 10 of the Railroad Retirement Act of 1937 is amended (i) by inserting after the seventh sentence of subsection (b)4 the following new sentence: "Subject to the provisions of this subsection, the Board may furnish information from such records and data to any person or organization upon payment by such person or organization to the Board of the cost incurred by the Board by reason thereof; and the amounts so paid to the Board shall be credited to the Railroad Retirement Account."; and (ii) by inserting after the end of such section 10 the following new paragraph:

"6. In addition to the powers and duties expressly provided, the Board shall have and exercise with respect to the administration of this Act such of the powers, duties, and remedies provided in subsections_(d), (m), and (n) of section 12 of the Railroad Unemployment Insurance Act as are not inconsistent with the express provisions of this Act."

SEC. 109. (a) Section 19 (a) of the Railroad Retirement Act of 1937 is amended by striking out the proviso and inserting in lieu thereof the following: "Provided, however, That, regardless of the legal competency or incompetency of an individual entitled to a benefit (under any Act administered by the Board), the Board may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other person for such individual's use and benefit."

(b) The first sentence of section 19 (b) of such Act is amended by inserting after "in the manner and to the extent prescribed by the Board," the following: "but subject to the provisions of the preceding subsection,".

SEC. 110. Section 20 of the Railroad Retirement Act of 1937 is amended by striking out "(a)" after "SEC. 20.".

SEC. 111. Section 202 of part II of such Act is amended by striking out "(g) to (1)” and inserting in lieu thereof "(g) to (k)”.

EFFECTIVE DATES

SEC. 112. (a) The amendments made by the several sections of this title shall be effective on the enactment date of this Act except as otherwise provided herein.

(b) The amendments made by sections 102 (a) and 105 (h) shall be effective with respect to determinations of recovery from disability made on or after the enactment date of this Act.

(c) The amendments made by sections 102(b) and 102 (c) shall be effective with respect to months after the month of enactment.

(d) The amendments made by section 102(d) shall be effective with respect to recomputations made, or changes in law enacted, on or after the enactment date of this Act.

(e) The amendments made by sections 103(b) and 105 (k) shall be effective with respect to annuities awarded on or after the enactment date of this Act.

(f) The amendments made by section 103 (c) (1) shall be effective with respect to annuities accruing in or after the month of enactment. (g) The amendments made by sections 103 (c)(2), 103(f), and 105 (f) shall be effective with respect to awards made on or after the enactment date of this Act.

(h) The amendments made by section 103 (e) shall be effective with respect to months after the month in which this Act is enacted.

(i) The amendments made by sections 105 (a), 105(b) (1), and 105 (j) (2) shall be effective with respect to annuities accruing for months after 1964 where, pursuant to the next sentence, no application for the annuity is required or, if required, such application is filed within one year after the month of enactment of this Act; otherwise, the twelve-month limitation on retroactivity, provided for in section

80 STAT. 1086

5(j) of the Railroad Retirement Act of 1937, shall apply. In the 60 Stat. 732. case of an individual who is not entitled to a child's insurance annuity 68 Stat. 1097. under section 5(c) of the Railroad Retirement Act of 1937 for the 45 USC 228e. month in which this Act is enacted, such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted; except that no application shall be required of a child age eighteen to twenty-one, inclusive, with respect to whom the Board has information on the date of enactment of this Act of his eligibility for an annuity under the amendments made by section 105 (j) (2) of this Act through the application of section 3 (e) of the Railroad Retirement Act of 1937.

(j) The amendments made by section 105 (c) (1) shall be effective with respect to lump-sum payments awarded on or after the enactment date of this Act.

(k) The amendments made by section 105 (c) (2) shall be effective with respect to deaths occurring in or after the twelfth month preceding the month of enactment.

(1) The amendments made by section 105 (d) (1) shall be effective with respect to deaths occurring on or after the enactment date of this Act.

(m) The amendments made by section 105 (g) shall be effective with respect to deductions made in the calendar year 1966 and thereafter. (n) The amendments made by section 105 (j) (1) shall be effective with respect to annuities under section 5(c) of the Railroad Retirement Act for months after the month in which this Act is enacted; except that in the case of an individual who was not entitled to an annuity under section 5(c) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. (o) The amendment made by section 105 (j) (3) (i) shall be effective with respect to annuities for months after the month of enactment of this Act. No lump-sum benefit under section 5(f) (2) of the Railroad Retirement Act of 1937 shall be awarded after the date of enactment of this Act in any case in which an individual survives who would be entitled to an annuity under the amendment made by this section unless such individual executes an election in accordance with such section 5(f) (2) before attainment of age 60 to have such benefit paid in lieu of other benefits.

45 USC 228c.

62 Stat. 577.

45 USC 2286.

80 STAT. 1087

60 Stat. 722. 45 USC 351.

73 Stat. 30.

52 Stat. 1096.

73 Stat. 30. 45 USC 352.

53 Stat. 848.

72 Stat. 1778. 45 USC 228c.

54 Stat. 1099.
45 USC 356.
73 Stat. 32.
45 USC 358.

60 Stat. 739.

TITLE II-AMENDMENTS TO THE RAILROAD
UNEMPLOYMENT INSURANCE ACT

SEC. 201. (a) Section 1(i) of the Railroad Unemployment Insurance Act is amended by striking out "section 8" and inserting in lieu thereof "section 6 of this Act".

(b) Section 1(k) of such Act is amended by striking out “$500” and inserting in lieu thereof "$750".

(c) Sections 1(s) and 1(t) of such Act are each amended by striking out", Alaska, Hawaii,"

SEC. 202. (a) Section 2(a) of the Railroad Unemployment Insurance Act is amended by striking out the first line from the table thereof and by substituting "$750" for "700" in the second line of such table.

(b) Section 2(g) of such Act is amended by striking out all of said section after "whom any" and inserting in lieu thereof the following: "accrued annuities under section 3(f) (1) of the Railroad Retirement Act of 1937 are paid. In the event that no such accrued annuities are paid, and if application for such accrued benefits is filed prior to the expiration of two years after the death of the individual to whom such benefits accrued, such accrued benefits shall be paid, upon certification by the Board, to the individual or individuals who would be entitled thereto under section 3 (f) (1) of the Railroad Retirement Act of 1937 if such accrued benefits were accrued annuities. If there is no individual to whom all or any part of such accrued benefits can be paid in accordance with the foregoing provisions, such benefits or part thereof shall escheat to the credit of the account."

SEC. 203. The first sentence of section 6 of the Railroad Unemployment Insurance Act is amended by striking out the phrase "under oath".

SEC. 204. (a) Section 8(b) of the Railroad Unemployment Insurance Act is amended by striking out "334 per centum" and inserting in lieu thereof "4 per centum".

(b) Section 8(h) of such Act is amended by striking out "section 1800 or 2700 of the Internal Revenue Code, and the provisions of section 3661 of such code" and inserting in lieu thereof "the provisions of the Railroad Retirement Tax Act".

SEC. 205. Sections 10(a) and 11(a) of the Railroad Unemployment Insurance Act are each amended by striking out "0.2 per centum" 45 USC 360, 361. and inserting in lieu thereof "0.25 per centum".

62 Stat. 578.

52 Stat. 1107. 45 USC 362.

SEC. 206. Section 12 of the Railroad Unemployment Insurance Act is amended by adding at the end of subsection (d) thereof the following new sentence: "Subject to the provisions of this section, the Board may furnish such information to any person or organization upon payment by such person or organization to the Board of the cost incurred by the Board by reason thereof; and the amounts so paid to the Board shall be credited to the railroad unemployment insurance administration fund established pursuant to section 11(a) of this Act."; and by striking out "section 3(a)" from subsection (g) and inserting in lieu thereof "section 3".