Public Law 91-669 January 11, 1971 An Act To extend the temporary provision for disregarding income of old-age, survivors, and disability insurance and railroad retirement recipients in determining their need for public assistance. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 1007 of the Social Security Amendments of 1969, as amended by section 2(b) of Public Law 91-306, is amended to read as follows: "SEC. 1007. In addition to the requirements imposed by law as a condition of approval of a State plan to provide aid 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 found eligible (as a result of the requirement imposed by this section or otherwise) for aid for any month after March 1970 and before January 1972 who also receives in such month "(1) a monthly insurance benefit under title II of such Act, the sum of the aid received by him for such month, plus the monthly insurance benefit received by him in such month, shall not be less than the sum of the aid which would have been received by him for such month under the State plan as in effect for March 1970, plus either "(A) the monthly insurance benefit which was or would have been received by him in March 1970 without regard to the other provisions of this title plus $4, or "(B) the monthly insurance benefit which was or would have been received by him in March 1970 under the provisions of this title, whichever is less (whether this requirement is satisfied by disregarding a portion of his monthly insurance benefit or otherwise), or "(2) a monthly payment of annuity or pension under the Railroad Retirement Act of 1937 or the Railroad Retirement Act of 1935, the sum of the aid received by him in such month, plus the monthly payment 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) not be less than the sum of the aid which would have been received by him for such month under such plan as in effect for March 1970, plus either "(A) the monthly payment of annuity or pension which was or would have been received by him in March 1970 without regard to the provisions of any Act enacted after May 30, 1970, and before December 31, 1970, which provides general increases in the amount of such monthly payment of annuity or pension plus $4, or (226) OASDI and railroad retirement recipients. Public assistance, extension. Ante, p. 408. 42 USC 301, 1201, 1351, 1381. 84 STAT. 2038 2039 84 STAT 42 USC 401. 50 Stat. 307. 45 USC 2288228s-2. 49 Stat. 967. 45 USC 215 228 notes. Ante, p. 407. 84 STAT 2039 "(B) the monthly payment of annuity or pension which was or would have been received by him in March 1970, taking into account the provisions of such Act (if any), whichever is less (whether this requirement is satisfied by disregarding a portion of his monthly payment of annuity or pension or otherwise)." Approved January 11, 1971. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-1716 (Comm. on Ways and Means). Dec. 22, considered and passed House. Jan. 2, considered and passed Senate, amended; House agreed to Senate amendment. 92nd Congress, H. R. 6444 An Act To amend the Railroad Retirement Act of 1937 to provide a 10 per centum increase in annuities. 85 STAT. 101 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 (a) of Railroad Retirethe Railroad Retirement Act of 1937 is amended by inserting at the end thereof the following new paragraph: 66 (4) The annuity computed under the preceding provisions of this subsection and that part of subsection (e) of this section which precedes the first proviso shall be increased by 10 per centum." SEC. 2. (a) Section 2(e) of the Railroad Retirement Act of 1937 is amended (1) by striking out "section 3 (a) (3) of this Act" and inserting in lieu thereof "section 3 (a) (3) or (4) of this Act"; (2) by inserting "(before any reduction on account of age)" immediately after "shall" in the first sentence of the last paragraph; (3) by striking out the last sentence; and (4) by adding at the end thereof the following new paragraph: "The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased by 10 per centum. The preceding sentence and the next preceding paragraph shall not operate to increase the annuity to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection. This paragraph shall be disregarded in the application of the preceding paragraph." (b) (1) Section 2(i) of such Act is amended by striking out "the last paragraph" and inserting in lieu thereof "the last two paragraphs". (2) Section 2(i) of such Act is further amended by inserting "or in that part of section 3 (e) preceding the first proviso, or of the pension," immediately after "section 3 (a) (1)". 66 ment Act of 1937; annuities, in crease. 82 Stat. 17; 84 Stat. 791. 45 USC 228c. Spouse's annuity. 84 Stat. 791. 45 USC 228b. (c) Section 2(j) of such Act is amended by inserting ", or section 80 Stat. 1080. 5(a) of this Act," after "this section". SEC. 3. Section 5 of the Railroad Retirement Act of 1937 is amended 60 Stat. 729; by inserting at the end thereof the following subsection: 84 Stat. 791. "(o) The annuity computed under the preceding provisions of 45 USC 228e. this section shall be increased by 10 per centum." SEC. 4. For the purposes of approximating the offsets in railroad Percentage retirement benefits for increases in social security benefits by reason adjustment. of amendments prior to the Social Security Amendments of 1971, the Railroad Retirement Board is authorized to prescribe adjustments in the percentages in the Railroad Retirement Act of 1937, and laws pertaining thereto, in order that these percentages, when applied against current social security benefits not in excess of $275.80 a month, will produce approximately the same amounts as those computed under the law in effect, except for changes in the wage base, before the Social Security Amendments of 1971 were enacted. 45 USC 215 SEC. 5. All pensions under section 6 of the Railroad Retirement Act of 1937, and all annuities under the Railroad Retirement Act of 1935, 50 Stat. 312. shall be increased by 10 per centum. All survivor annuities deriving 45 USC 228f. from joint and survivor annuities under the Railroad Retirement Act 49 Stat. 967. of 1937 and all widows' and widowers' insurance annuities which are 228 notes. payable in the amount of the spouse's annuity to which the widow or widower was entitled shall, in cases where the employee died in or before the month in which the increases in annuities provided in section 2 of this Act are effective, be increased by 10 per centum. Joint 85 STAT. 102 Ante, p. 101. Recertification. 84 Stat. 793. 45 USC 228j note. Report to Congress, extension. Annuity increase, ef fective date. Termination date. Termination date, extension. and survivor annuities shall be computed under section 3(a) of the 45 USC 228c note. SEC. 7. (a) Section 7(c)(1) of Public Law 91-377 is amended by striking out "July 1, 1971" and inserting in lieu thereof “June 30, 1972". (b) Section 7(g) of Public Law 91-377 is amended— (1) by striking out", not later than July 1, 1971“ and all that follows down through "this section" in the first sentence and inserting in lieu thereof "submit to the President and the Congress an interim report of the study authorized by this section not later than July 1, 1971, and a full and complete final report of such study not later than June 30, 1972,"; and (2) by striking out "such report" in the second sentence and inserting in lieu thereof "such final report". SEC. 8. (a) The provisions of this Act shall be effective with respect to annuities accruing for months after December 1970 and with respect to pensions due in calendar months after January 1971; except that increases in benefits for months prior to the month of enactment of this Act shall be payable only to an individual who is entitled to an annuity or pension for the month of enactment, or who becomes so entitled in later months, on the basis of the same earnings record. (b) The first six sections of this Act, and the amendments made by such sections (other than the amendments made by subsections (a) (2), (b) (2), and (c) of section 2), shall cease to apply as of the close of June 30, 1973. Annuities accruing for months after June 30, 1973, and pensions due in calendar months after June 30, 1973, shall be computed as if the first six sections of this Act, and the amendments made by such sections (other than the amendments made by subsections (a) (2), (b) (2), and (c) of section 2), had not been enacted. (c) Section 6 of Public Law 91-377 is amended by striking out "June 30, 1972" each time that date appears and inserting in lieu thereof June 30, 1973". Approved July 2, 1971. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-115 (Comm. on Interstate and Foreign Commerce). Apr. 28, considered and passed House. June 21, considered and passed Senate, amended. June 24, House concurred in Senate amendments. 92nd Congress, H. R. 15927 October 4, 1972 An Act To amend the Railroad Retirement Act of 1937 to provide a temporary 20 per centum increase in annuities, to simplify administration of the Act, and for other purposes. Railroad Retire Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 3(a) of the Railroad Retirement Act of 1937 is amended by inserting ment Act of at the end thereof the following new paragraph: "(5) The individual's annuity computed under the preceding provisions of this subsection and that part of subsection (e) of this section which precedes the first proviso shall be increased by 20 per centum." (b) Section 2(e) of such Act is amended— (1) by striking out "section 3(a) (3) or (4) of this Act" and inserting in lieu thereof "section 3(a) (3), (4), or (5) of this Act"; 1937, amendment. 82 Stat. 17; ity. 85 Stat. 101. (2) by striking out the second sentence of the last paragraph; 45 USC 228b. and (3) by adding at the end thereof the following new paragraph: "The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased by 20 per centum. The preceding sentence and the other provisions of this subsection shall not operate to increase the spouse's annuity (before any reduction on account of age) to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection. This paragraph shall be disregarded in the application of the preceding two paragraphs." (c) Section 2(i) of such Act is amended by striking out "the last two paragraphs" and inserting in lieu thereof "the last paragraph plus the two preceding paragraphs". (d) Section 3 (e) of such Act is amended Minimum annu 82 Stat. 18. 45 USC 228c. 45 USC 228b, (1) by striking out the word "and" after clause (iv) in the ity. second paragraph thereof and inserting after the semicolon in clause (v) in such second paragraph the following new clauses: “(vi) individuals not entitled to an annuity under section 2 or 5 of this Act shall not be included in the computation under such first proviso except a spouse who could qualify for an annuity under section 2(e) or (h) of this Act if the employee from whom the spouse's annuity under this Act would derive had attained age 86 STAT. 765 sixty-five, and such employee's children who meet the definition/86 STAT. 766 as such contained in section 216(e) of the Social Security Act; 72 Stat. 1028; (vii) after an annuity has been certified for payment and such 81 Stat. 860. first proviso was inapplicable after allowing for any waiting 42 USC 416. period under section 223 (c) (2) of the Social Security Act, and 79 Stat. 367, after having considered the inclusion of all persons who were then 413; 81 Stat. eligible for inclusion in the computation under such first proviso, or was then applicable but later became inapplicable, any recertification in such annuity under such first proviso shall not take into account individuals not entitled to an annuity under section 2 or 5 of this Act except a spouse who could qualify for an annuity under section 2(h) of this Act when she attains age sixty-two if the employee from whom the spouse's annuity would derive had attained age sixty-five, and who was married to such employee at the time he applied for the employee annuity; (viii) in computing the amount to be paid under such first proviso, the only benefits under title II of the Social Security Act which shall be 53 Stat. 1362. considered shall be those to which the individuals included in the 867. 42 USC 423. 42 USC 401. |