be deemed to be entitled to insurance benefits under section 202(e) or (f) of the Social Security Act on the basis of disability; (iv) individ- 42 USC 402. uals entitled to insurance annuities under section 5(c) of this Act on the basis of disability shall be deemed to be entitled to insurance benefits under section 202(d) of the Social Security Act on the basis of disability; and (v) women entitled to spouses' annuities pursuant 82 STAT. 18 to elections made under section 2 (h) of this Act shall be deemed to be 45 USC 228b. entitled to wives' insurance benefits determined under section 202 (q) of the Social Security Act; and, for the purposes of this subsection, any possible deductions under subsections (g) and (h) (2) of section 82 STAT. 19 203 of the Social Security Act shall be disregarded. 42 USC 403. Notwithstanding the provisions of section 202 (q) of the Social Security Act, the amount determined under the proviso in the first 42 USC 402. paragraph of this subsection for a widow or widower who is or has been entitled to an annuity under section 5(a) (2) of this Act, shall be equal to 90.75 per centum of the primary insurance amount (reduced in accordance with section 203 (a) of the Social Security Act) of the 42 USC 403. employee as determined under this subsection, and the amount so determined shall be reduced by three-tenths of 1 per centum for each month the annuity would be subject to a reduction under section 5(a) (2) of this Act (adjusted upon attainment of age 60 in the same manner as an annuity under section 5(a) (1) of this Act which, before attainment of age 60, had been payable under section 5(a) (2) of this Act); and the amount so determined shall be reduced by the amount of any benefit under title II of the Social Security Act to which she or 42 USC 401. he is, or on application would be, entitled. "In cases where an annuity under this Act is not payable under the first proviso in the first paragraph of this subsection on the date of enactment of the Social Security Amendments of 1967, the primary 81 Stat. 821. insurance amount used in determining the applicability of such proviso shall, except in cases where the employee died before 1939, be derived after deeming the individual on whose service and compensation the annuity is based (i) to have become entitled to social security benefits, or (ii) to have died without being entitled to such benefits, after the date of the enactment of the Social Security Amendments of 1967. For this purpose, the provision of section 215 (b) (3) of the Social Security Act that the employee must have reached age 65 (62 in the case of a 42 USC 415. woman) after 1960 shall be disregarded and there shall be substituted for the nine-year period prescribed in section 215 (d) (1) (B) (i) of the Social Security Act, the number of years elapsing after 1936 and up to 81 Stat. 864. the year of death if the employee died before 1946." SEC. 105. (a) Section 5(a) of the Railroad Retirement Act of 1937 Annuities for is amended by inserting "(1)" before "A widow"; by inserting before survivors. the colon the following: ', except that if the widow or widower will 60 Stat. 729; have been paid an annuity under paragraph (2) of this subsection the 65 Stat. 685. annuity for a month under this paragraph shall be in an amount equal 45 USC 228e. to the amount calculated under such paragraph (2) except that, in such calculation, any month with respect to which an annuity under paragraph (2) is not paid shall be disregarded"; and by inserting at the end thereof the following new paragraph: "(2) A widow or widower of a completely insured employee who will have attained the age of fifty but will not have attained age sixty and is under a disability, as defined in this paragraph, and such disability began before the end of the period prescribed in the last sentence of this paragraph, shall be entitled to an annuity for each month, unless she or he has remarried in or before such month, equal to such employee's basic amount but subject to a reduction by three-tenths of 1 per centum for each calendar month she or he is under age sixty when the annuity begins. A widow or widower shall be under a dis 82 STAT. 20 60 Stat. 727. 45 USC 228b. 80 Stat. 1076. 45 USC 228e. 68 Stat. 1098; 73 Stat. 27. 80 Stat. 1083. 60 Stat. 733; 80 Stat. 1083, 1084. 42 USC 416. 45 USC 228b. 42 USC 402. ability within the meaning of this paragraph if her or his permanent physical or mental condition is such that she or he is unable to engage in any regular employment. The provisions of section 2(a) of this Act as to the proof of disability shall apply with regard to determinations with respect to disability under this paragraph. The annuity of a widow or widower under this paragraph shall cease upon the last day of the second month following the month in which she or he ceases to be under a disability unless such annuity is otherwise terminated on an earlier date. The period referred to in the first sentence of this paragraph is the period beginning with the latest of (i) the month of the employee's death, (ii) the last month for which she was entitled to an annuity under subsection (b) as the widow of such employee, or (iii) the month in which her or his previous entitlement to an annuity as the widow or widower of such employee terminated because her or his disability had ceased and ending with the month before the month in which she or he attains age sixty, or, if earlier with the close of the eighty-fourth month following the month with which such period began." 66 (b) Section 5(h) of such Act is amended by striking out all that follows "be increased to $18.14" and inserting in lieu thereof a period. (c) Section 5(i)(1)(ii) of such Act is amended by inserting deeming such an individual who is entitled to an annuity under subsection (a)(1) of this section to have attained age sixty-two unless such individual will have been entitled to an annuity under subsection (a) (2) of this section for the month before the month in which he attained age sixty", after "an activity within the United States". (d) Section 5(j) of such Act is amended by striking out all after the colon and inserting in lieu thereof the following: "Provided, however, That the annuity of a child, qualified under subsection (1) (1) (ii) (C) of this section, shall cease upon the last day of the second 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 such second month he qualifies for an annuity under one of the other provisions of this Act and unless his annuity is otherwise terminated on an earlier date." (e) Section 5(1)(1) of such Act is amended by changing the period at the end of subdivision (i) thereof to a semicolon; by striking out "which began" from subdivision (ii) (C) and inserting in lieu thereof "which disability began"; and by striking out "216(h)(1) of the Social Security Act, as in effect prior to 1957, shall be applied" where such language first appears and inserting in lieu thereof "216(h) of the Social Security Act shall be applied deeming, for this purpose, individuals entitled to an annuity under section 2 (e) or (h) to be entitled to benefits under subsection (b) or (c) of section 202 of the Social Security Act and individuals entitled to an annuity under subsection (a) or (b) of this section to be entitled to a benefit under subsection (e), (f), or (g) of section 202 of the Social Security Act". (f) Section 5(1) (9) of such Act is amended by inserting "or January 1, 1951, whichever is later" before ", eliminating any excess over $300"; by striking out "for any calendar year before 1955 is less than $3,600“ and inserting in lieu thereof "in the period before 1951 is less than $50,400, or for any calendar year after 1950 and before 1955 is less than $3,600"; by inserting "period or such" before "calendar year 'wages' as defined in paragraph (6) hereof"; by striking out "for such year and $3,600 for years before 1955" and inserting in lieu thereof "for such period and $50,400, and between the compensation for such year and $3,600 for years after 1950 and before 1955"; by striking out "closing date: Provided, That for the period prior to and including" and inserting in lieu thereof "closing date or January 1, 1951, which 66 ever is later: Provided, That for the period after 1950 but prior to and including"; by inserting "after 1950" after "That there shall be excluded from the divisor any calendar quarter"; and by inserting “, any calendar quarter before 1951 in which a retirement annuity will have been payable to him and any calendar quarter before 1951 and before the year in which he will have attained the age of 20" before ". An employee's 'closing date' shall mean (A)". 66 82 STAT. 21 45 USC 228e. 68A Stat. 417. 26 USC 3121. (g) Subdivision (i) of section 5(1) (10) of such Act is amended "Basic amount." by striking out beginning with "$450; plus (C)" down to and includ- 80 Stat. 1076. ing "multiplied by" and inserting in lieu thereof "(i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, plus (C) 1 per centum of the sum of (A) plus (B) multiplied by"; and by striking out "after 1936 in each of which the compensation, wages, or both, paid to him will have been equal to $200 or more" and inserting in lieu thereof "after 1950 in each of which the compensation, wages, or both, paid to him will have been equal to $200 or more plus, for the years after 1936 and before 1951, a number of years determined in accordance with regulations prescribed by the Board". (h) Section 5(m) of such Act is amended by striking out all that appears therein and inserting in lieu thereof the following: (m) The amount of an individual's annuity calculated under the other provisions of this section (except an annuity in the amount determined under the proviso in subsection (a) or (b)) shall (before any reduction on account of age) be increased in the amount of 82.5 per centum in the case of a widow, widower, or parent and 75 per centum in the case of a child of the increase shown in the table in section 3(a) (2) on the same line on which the range of monthly compensation includes an amount equal to the average monthly wage determined for the purposes of section 3 (e) (except that for cases involving earnings before 1951 and for cases on the Board's rolls on the enactment date of the 1967 amendments to the Railroad Retirement Act, an amount equal to the highest average monthly wage that can be found on the Reduction of annuities. 80 Stat. 1077. same line of the table in section 215 (a) of the Social Security Act as is 81 Stat. 824. the primary insurance amount recorded in the records of the Railroad 42 USC 415. Retirement Board shall be used, and if such an average monthly wage cannot be determined, the employee's monthly compensation on which his annuity was computed shall be used; and in the case of a pensioner, his monthly compensation shall be deemed to be the earnings which are used to compute his basic amount): Provided, however, That the increase shall (before any reduction on account of age) be reduced by 17.3 per centum of any benefit under title II of the Social Security Act 42 USC 401. to which the individual is entitled (disregarding for the purpose of this and the following proviso any increase in such benefit based on recomputations other than for the correction of errors after the first adjustment and any increases derived from legislation enacted after the Social Security Amendments of 1967): And provided further, 81 Stat. 821. That the amount computed under this subsection shall (before any reduction on account of age) not be less than $5, or, in the case of an individual entitled to benefits under title II of the Social Security Act, such amount shall not be less than $5 minus 5.8 per centum of the lesser of the social security benefit to which such individual is entitled or the benefit computed under the other provisions of this section." SEC. 106. Section 10(a) of the Railroad Retirement Act of 1937 is 50 Stat. 314. amended by striking therefrom the last sentence and inserting in lieu 45 USC 228J. thereof the following new sentence: "Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified." 36-627 - 79 14 82 STAT. 22 50 Stat. 312. 45 USC 228f. 49 Stat. 967. 45 USC 215-228 notes. 65 Stat. 685. 45 USC 228e. 42 USC 401. 81 Stat. 821. Effective date. 81 Stat. 821. SEC. 107. All pensions under section 6 of the Railroad Retirement Act of 1937, and all annuities under the Railroad Retirement Act of 1935, are increased as provided in that part of section 3 (a) (2) of the Railroad Retirement Act of 1937 which precedes the provisos (deeming for this purpose (in the case of a pension) the monthly compensation to be the earnings which would be used to compute the basic amount if the pensioner were to die); joint and survivor annuities shall be computed under section 3 (a) of the Railroad Retirement Act and reduced by the percentage determined in accordance with the election of such annuity; all survivor annuities deriving from joint and survivor annuities under the Railroad Retirement Act of 1937 in cases where the employee died before the month following the month in which the increases in annuities provided by section 104(a) of this Act are effective are increased by the same amount they would have been increased by this Act if the employee from whose joint and survivor annuity the survivor annuity is derived had been alive during all of the month in which the increases in annuities provided by section 104(a) of this Act are effective; and all widows' and widowers' insurance annuities which began to accrue before the month following the month in which the increases in annuities provided by section 104(a) of this Act are effective and which, in accordance with the proviso in section 5(a) or section 5(b) of the Railroad Retirement Act of 1937, are payable in the amount of the spouse's annuity to which the widow or widower was entitled are increased by the amount by which the spouse's annuity would have been increased by this Act had the individual from whom the annuity is derived been alive during all of the month in which the increases in annuities provided by section 104 (a) of this Act are effective: Provided, however, That in cases where the individual entitled to such a pension or annuity (other than an individual who has made a joint and survivor election) is entitled to a benefit under title II of the Social Security Act, the additional amount payable by reason of this subsection shall be reduced by 11.5 per centum of such benefit (disregarding any increases in such benefit based on recomputations other than for the correction of errors after such reduction is first applied and any increases derived from legislation enacted after the Social Security Amendments of 1967): And provided further. That (i) such an annuity under the Railroad Retirement Act of 1935 or a pension shall be increased by not less than $10, (ii) such a survivor annuity derived from a joint and survivor annuity shall be increased by not less than $5, and (iii) such a widow's or widower's annuity in an amount formerly received as a spouse's annuity shall be increased by not less than $5, but not to an amount above the maximum of the spouse's annuity payable in the month in which the increases in annuities provided by section 104 (a) of this Act are effective. SEC. 108. (a) Except as otherwise provided, the amendments made by this title, other than section 102, subsections (f) and (g) of section 105, and section 106, shall be effective with respect to annuities accruing for months beginning with the month with respect to which the increase in benefits under title II of the Social Security Act provided for by the Social Security Amendments of 1967 is effective, and with respect to pensions due in calendar months next following the month with respect to which the increase in benefits under title II of the Social Security Act provided for by the Social Security Amendments. of 1967 is effective. The amendments made by section 102 shall be effective with respect to annuities accruing for months in calendar years after 1967. The amendments made by section 105 (f) and (g) shall be effective with respect to benefits payable on deaths occurring on or after the date of enactment of this Act. The amendments made by section 106 shall be effective on the enactment date of this Act. 82 STAT. 23 (b) In cases where an annuity is payable in the month before the month with respect to which increases in benefits under title II of the Social Security Act provided for by the Social Security Amendments of 1967 become effective in an amount determined under the 81 Stat. 821. Railroad Retirement Act, other than under the first proviso of section 3(e) of such Act, the provisions of this Act shall be presumed, in the 45 USC 2280. absence of a claim to the contrary, to provide a higher amount of increase in the annuity than the provisions of the Social Security Amendments of 1967 would provide as an increase in the amount determined under the first proviso of section 3 (e) of the Railroad Retirement Act. (c) All recertifications required by reason of the amendments made by this title shall be made by the Railroad Retirement Board without application therefor. TITLE II—AMENDMENTS TO THE RAILROAD SEC. 201. (a) (1) Section 1(k) of the Railroad Unemployment Insurance Act is amended by striking out "or which is included in a maternity period" and inserting in lieu thereof ", or, with respect to a female employee, a calendar day on which, because of pregnancy, miscarriage, or the birth of a child, (i) she is unable to work or (ii) working would be injurious to her health". 54 Stat. 1094; 60 Stat. 736. 45, USC 351. (2) The said section 1(k) is further amended by striking out from 80 Stat. 1087. the first proviso "$750" and inserting in lieu thereof "$1,000". (b) Section 1 (1) of such Act is amended by redesignating subsections 60 Stat. 736. "(1)" and "(1) (1)" as "(1) (1)" and "(1) (2)", respectively; by striking out from subsection (1) (2), as redesignated, "and the term 'statement of maternity sickness' means a statement with respect to a maternity period of a female employee, in each case"; and by striking out the present subsection (1) (2). SEC. 202. (a) (1) The first paragraph of section 2(a) of the Railroad Unemployment Insurance Act is amended by striking out (i) "(other 45 USC 352. than a day of sickness in a maternity period)"; and (ii) “, and (iii) for each day of sickness in a maternity period". (2) The said section 2(a) is further amended by striking out the third paragraph thereof. (3) The said section 2(a) is further amended by striking out the first line from the table thereof; by striking out “5.50”, “6.00”, "6.50", “7.00”, “7.50”, “8.00", "8.50", "9.00", "9.50" and "10.20" and inserting in lieu thereof "$8.00", "8.50", "9.00", "9.50", "10.00", "10.50", "11.00", "11.50", "12.00" and "12.70", respectively; and by striking from the proviso "$10.20" and inserting in lieu thereof "$12.70". (b) (1) Section 2(c) of such Act is amended by striking out ", other than days of sickness in a maternity period," wherever it appears; by inserting "and" after "base year;" where it first appears, and by striking out"; and the total amount of benefits which may be paid to an employee for days of sickness in a maternity period shall in no case exceed the employee's compensation in the base year on the basis of which the employee was determined to be qualified for benefits in such maternity period". (2) The said section 2(c) is further amended (i) by striking out "leave work without good cause or voluntarily retire" from the second proviso and inserting in lieu thereof the following: "retire and (in a case involving exhaustion of rights to benefits for days of unemployment) did not voluntarily leave work without good cause"; (ii) by inserting after the words "normal benefits for days of unemployment", the first time they appear in the second proviso, the following: "or days |