Page images
PDF
EPUB
[merged small][merged small][ocr errors]

disability insurance system for January or February 1970 resulting
from the enactment of this title, and (2) the amount of such increase
is paid separately from the rest of the monthly benefit of such indi.
vidual for January or February 1970.
SEC. 1007. DISREGARDING OF INCOME OF OASDI RECIPIENTS IN

DETERMINING NEED FOR PUBLIC ASSISTANCE.
In addition to the requirements imposed by law as a condition of
approval of a State plan to provide aid or assistance in the form of
money payments to individuals under title I, X, XIV, or XVI of the
Social Security Act, there is hereby imposed the requirement (and the
plan shall be deemed to require) that, in the case of any individual
receiving aid or assistance for any month after March 1970 and before
July 1970 who also receives in such month a monthly insurance benefit
under title II of such Act which is increased as a result of the enact-
ment of the other provisions of this title, the sum of the aid or assist-
ance received by him for such month, plus the monthly insurance
benefit received by him in such month (not including any part of such
benefit which is disregarded under section 1006), shall exceed the
sum of the aid or assistance which would have been received by him for
such month under such plan as in effect for March 1970, plus the
monthly insurance benefit which would have been received by him in
such month without regard to the other provisions of this title, by an
amount equal to $4 or (if less) to such increase in his monthly insur-
ance benefit under such title IÍ (whether such excess is brought about
by disregarding a portion of such monthly insurance benefit or
otherwise).

Approved December 30, 1969, 9:30 a.m.

42 USC 1206.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 91413 (Part 1), No. 91-413 (Part 2) (Comm. on

Ways & Means) and No. 91-782 (Comm. of Conference).
SENATE REPORT No. 91-552 (Comm. on Finance).
CONGRESS IONAL RECORD, Vol. 115 (1969):

Aug. 6, 7, Dec. 11: Considered and passed House.
Nov. 21, 24-26, Dec. 1-6, 6-11: Considered and passed Senate,

amended.
Dec. 22: House and Senate agreed to conference report.

91st Congress, H. R. 13300
March 17, 1970

An Act

84 STAT. 70

To amend the Railroad Retirement Act of 1937 and the Railroad Retirement

Tax Act to provide for the extension of supplemental annuities, and for other purposes.

80 Stat. 1

[ocr errors]

-Be it enacted by the Senate and House of Representatives of the E l'united States of America in Congress assembled, That section 3(i) of Railroad Retirethe Railroad Retirement Act of 1937 is amended by striking out para- ment Act of 1937 graph (3) and by redesignating paragraph (4) as paragraph (3).

and Railroad Sec. 2. Section 3() of the Railroad Retirement Act of 1937 is

Retirement Tax

Act, amendments. amended by adding at the end thereof the following new paragraphs: i “(4) Notwithstanding any other provision of this Act, no indi- 45 USC 2280. Evidual shall be entitled to a supplemental annuity provided by this subsection for any period after he renders any service as an employee for compensation after his supplemental annuity closing date determined as follows:

“(A) Such closing date for an employee who attains age 68 before 1971 shall be January 31, 1971. Such closing date for an employee who attains age 68 during 1971 shall be the last day of the month following the month in which he attains age 68.

“(B) Such closing date for an employee who attains age 67 during 1972 shall be the last day of the month following the month in which he attains age 67. Such closing date for an employee who attains age 67 during 1971 shall be January 31, 1972.

“(C) Such closing date for an employee who attains age 66 during 1973 shall be the last day of the month following the month in which he attains age 66. Such closing date for an employee who attains age 66 during 1972 shall be January 31, 1973.

(D) Such closing date for an employee who attains age 65 after 1973 shall be the last day of the month following the month in which he attains age 65. Such closing date for an

employee who attains age 65 during 1973 shall be January 31, 1974. “(5) For an employee whose supplemental annuity closing date (determined under paragraph (4)) occurs after he has completed at least 23 years of service and before he has completed 25 years of service and before he is entitled (or on application would be entitled) to monthly insurance benefits under section 202 (a) of the Social Security Act, such date shall be extended to whichever of the following 64 Stat. 482, first occurs:

42 USC 402. “(A) the day before the first day of the first month for which he is entitled (or on application would be entitled) to monthly insurance benefits under section 202(a) of the Social Security Act, or

“(B) the last day of the first month for which he qualifies for a supplemental annuity under this subsection. “(6) The provisions of paragraphs (4) and (5) shall not supersede the provisions of any agreement reached through collective bargaining between an employer and its employees which provides for mandatory retirement at an age less than the applicable supplemental annuity closing date determined under paragraphs (4) and (5).”

Sec. 3. Section 15(b) of the Railroad Retirement Act of 1937 is 80 Stat. 1074. amended by striking out the second paragraph thereof.

45 USC 2280. SFC. 4. Section 3211(b) of the Railroad Retirement Tax Act is Supplemental amended to read as follows:

taxes. "(b) In addition to other taxes, there is hereby imposed on the

80 Stat, 1078. income of each employee representative a tax at a rate equal to the

xat a rate molte the 26 USC 3211. rate of excise tax imposed on every employer, provided for in section 3221(c), for each man-hour for which compensation is paid to him for 26 USC 3221. services rendered as an employee representative."

Excise tax. Sec. 5. (a) Section 3221 (c) of the Railroad Retirement Tax Act is ; 80 Stat, 1078. amended by substituting for the first sentence thereof the following: 26 USC 3221. "In addition to other taxes, there is hereby imposed on every employer

an excise tax, with respect to having individuals in his employ, for each man-hour for which compensation is paid by such employer for services rendered to him during any calendar quarter, (1) at the rate of 2 cents for the period beginning November 1, 1966, and ending March 31, 1970, and (2) commencing April 1, 1970, at such rate as will make available for appropriation to the Railroad Retirement Supple

mental Account provided for in section 15(b) of the Railroad Retire80 Stat. 1074; ment Act of 1937 sufficient funds to meet the obligation to pay suppleAnte, p. 70. mental annuities under section 3() of such Act and administrative 45 USC 2280 . expenses in connection therewith. For the purpose of this subsection, Ante, p. 70.

the Railroad Retirement Board is directed to determine what rate is
the Railroad Re
required for each calendar quarter commencing with the quarter begin-
ning April 1, 1970. The Railroad Retirement Board shall make the
determinations provided for not later than fifteen days before each

calendar quarter. As soon as practicable after each determination of Publication the rate, as provided in this subsection, the Railroad Retirement in Federal

Board shall publish a notice in the Federal Register, and shall advise Register.

all employers, employee representatives, and the Secretary of the

Treasury, of the rate so determined." 73 Stat. 29; (b)(1) Section 3221 of such Act is further amended by inserting at : 79 Stat. 862; the end thereof the following new subsection : 80 Stat. 1078. "(d) Notwithstanding the provisions of subsection (c) of this

section, the tax imposed by such subsection (c) shall not apply to an employer with respect to employees who are covered by a supplemental pension plan which is established pursuant to an agreement reached through collective bargaining between the employer and employees. There is hereby imposed on every such employer an excise tax equal to the amount of the supplemental annuity paid to each such employee under section 3(j) of the Railroad Retirement Act of 1937, plus a percentage thereof determined by the Railroad Retirement Board to be sufficient to cover the administrative costs attributable to such payments under section 3 (j) of such Act.”

(2) The amendment made by paragraph (1) shall apply to (A) supplemental annuities paid on or after April 1, 1970, and (B) manhours with respect to which compensation is paid for services rendered

to such employer on or after such day. Transfer of Sec. 6. The Railroad Retirement Board is authorized to request the funds.

Secretary of the Treasury to transfer from the Railroad Retirement
Account to the credit of the Railroad Retirement Supplemental
Account such moneys as the Board estimates would be necessary for
the payment of the supplemental annuities, provided for in section
3() of the Railroad Retirement Act of 1937, for the six months next
following enactment of this Act and for administrative expenses neces-
sary in the administration of such section 3() (which expenses are
hereby authorized) until such time as an appropriation for such
expenses is made pursuant to section 15(b) of such Act, and the
Secretary shall make such transfer. The Railroad Retirement Board
shall request the Secretary of the Treasury, at any time before the
expiration of one year following the enactment of this Act, to retrans-
fer from the Railroad Retirement Supplemental Account to the credit
of the Railroad Retirement Account the amount transferred to the
Railroad Retirement Supplemental Account pursuant to the next pre-
ceding sentence, plus interest at a rate equal to the average rate of
interest borne by all special obligations held by the Railroad Retire-
ment Account on the last day of the fiscal year ending on June 30, 1970,
rounded to the nearest multiple of one-eighth of 1 per centum, and the
Secretary shall make such retransfer.

84 STAT. 72

54 Stat. 785. 45 USC 151.

Stat. 316;

Sec. 7. No carrier and no representative of employees, as defined in section 1 of the Railway Labor Act, shall, before April 1, 1974, utilize 48 Stat. 1185; any of the procedures of such Act to seek to make any changes in the 54 provisions of the Railroad Retirement Act of 1937 for supplemental

50 Stat. 307. annuities or to establish any new class of pensions or annuities, other

45 USC 228a than annuities payable out of the Railroad Retirement Account it

et seg. provided under section 15(a) of the Railroad Retirement Act of 1937, 5o St to become effective prior to July 1, 1974; nor shall any such carrier or 77 Stat. 220. representative of employees until July 1, 1974, engage in any strike or 45 USC 2280. lockout to seek to make any such changes or to establish any such new class of pensions or annuities: Provided, That nothing in this section shall inhibit any carrier or representative of employees from seeking any change with respect to benefits payable out of the Railroad Retirement Account provided under section 15 (a) of the Railroad Retirement Act of 1937.

Sec. 8. Section 301(f) of the Act of October 30, 1966 (Public Law 89–699), is amended by striking out"for sixty months".

80 Stat. 1079. Sec. 9. If any provision of this Act or the application thereof to any 26 USC 3211 note. person or circumstances is held invalid, the remainder of this Act, and Separability the application of such provision to other persons or circumstances, provi shall not be affected thereby.

Approved March 17, 1970.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 91-464 (Comm. on Interstate and Foreign Commerce)

and No. 91-866 (Comm. of Conference).
SENATE REPORT No. 91-650 (Comm. on Labor and Public Welfare).
- CONGRESS IONAL RECORD:

Vol. 115 (1969): Sept. 30, considered and passed House.
Vol. 116 (1970): Feb. 4, considered and passed Senate, amended.

Mar. 5, House and Senate agreed to conference

report.

36-627 0 - 79 - 15

91st Congress, H, R. 14720

July 6, 1970

An Act

To continue until the close of June 30, 1973, the existing suspension of duties on manganese ore (including ferruginous ore) and related products, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 911.07 Manganese ore. of the Tariff Schedules of the United States (19 U.S.C. 1202) is Duty suspenamended by striking out “6/30/70" and inserting in lieu thereof sion: “6/30/73.

81 Stat. 119, (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, after June 30, 1970.

Sec. 2.' (a) (1) Section 1006 of the Social Security Amendments of OASDI and 1969 is amended by

railroad re(A) inserting “(1)" immediately after “paid to any

tirement beneindividual”;

fit increase.

83 Stat. 741. (B) striking out “(1)” and inserting in lieu thereof “(A)”;

-42 USC 415 (C) striking out“ (2)” and inserting in lieu thereof“(B)”; and note.

(D) by inserting immediately before the period at the end 84 STAT. 407 thereof the following:“; or (2) as annuity or pension under the 84 STAT. 408 Railroad Retirement Act of 1937 or the Railroad Retirement Act 50 Stat. 307. of 1935, if such amount is paid in a lump-sum to carry out any 45 USC 2282retroactive increase in annuities or pensions payable under the ?

2285-2.

49 Stat. 967. Railroad Retirement Act of 1937 or the Railroad Retirement Act 4

45 USC 215of 1935 brought about by reason of the enactment (after May 30, 228 notes. 1970 and prior to December 31, 1970) of any Act which increases, retroactively, the amount of such annuities or pensions”. (2) The heading to such section 1006 is amended by inserting immediately before the period at the end thereof the following: "AND OF RAILROAD RETIREMENT BENEFIT INCREASE".

(b) (1) Section 1007 of the Social Security Amendments of 1969 is OASDI and amended by

railroad re(A) striking out “July 1970” and inserting in lieu thereof tirement re“November 1970";

cipients, (B) inserting “(1)” immediately after “also receives in such

och public assist

ance. month";

83 Stat. 742. (C) inserting immediately before the period at the end thereof 42 USC 415 the following:“, or (2) a monthly payment of annuity or pension note. under the Railroad Retirement Act of 1937 or the Railroad Retirement Act of 1935 which is increased as a result of the enactment (after May 30, 1970, and before December 31, 1970) of any Act which provides general increases in the amount of the annuities or pensions payable under the Railroad Retirement Act of 1937 or the Railroad Retirement Act of 1935, the sum of the aid or assistance received by him for such month, plus the monthly amount of such annuity or pension received by him in such month (not including any part of such annuity or pension which is disregarded under section 1006), shall (except as otherwise provided in the succeeding sentence) exceed the sum of the aid or assistance which would have been received by him for such month under such plan as in effect for March 1970, plus the monthly annuity or pension which would have been received by him in such month without regard to the provisions of the Act enacted by such enactment, by an amount equal to $4 or (if less) to such increase in his monthly annuity or pension under the Railroad Retirement Act of 1937 or the Railroad Retirement Act of 1935 (whether such

« PreviousContinue »