79 Stat. 364. 42 USC 415. 60 Stat. 733; 65 Stat. 688; 82 Stat. 20. 45 USC 228e. 85 Stat. 101. 50 Stat. 312; 49 Stat. 967. 45 USC 228f, 215-228 notes. Ante, p. 765. Recertification. Percentage adjustment. 86 STAT. 766 86 STAT. 767 Effective dates. computation are entitled; (ix) the average monthly wage for an 66 (e) Section 5(1) (1) of such Act is amended by striking out from the first sentence thereof "and (g)" and inserting in lieu thereof “(g), and (k)". (f) Section 5 of such Act is further amended by inserting at the end thereof the following new subsection: "(p) A survivor's annuity computed under the preceding 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 by 20 per centum." SEC. 2. (a) All pensions under section 6 of the Railroad Retirement Act of 1937, all annuities under the Railroad Retirement Act of 1935, and all survivor annuities deriving from joint and survivor annuities under the Railroad Retirement Act of 1937 shall be increased by 20 per centum. (b) All such widows' and widowers' insurance annuities which are payable in the amount of the spouse's annuity to which the widow or widower was entitled, shall, in cases where the employee died prior to October 1, 1972, be increased by 20 per centum. (c) All such joint and survivor annuities shall be computed under section 3(a) of the Railroad Retirement Act of 1937 and shall be reduced by the percentage determined in accordance with the election of such annuity. SEC. 3. All recertifications required by reason of the amendments made by this Act shall be made by the Railroad Retirement Board without application therefor. SEC. 4. For the purposes of approximating the offsets in railroad retirement benefits for increases in social security benefits by reason 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 the primary insurance amount applicable for an average monthly wage of $650, 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. SEC. 5. (a) The amendments made by this Act, except for subsections (d) and (e) of section 1, shall be effective with respect to annuities accruing for months after August, 1972 and with respect to pensions due in calendar months after September, 1972. The provisions of clauses (vi) through (x), which are added by section 1(d)(1) of this Act, and the provisions of section 1(d) (2) of this Act, shall be effective as follows: clause (vi) shall be effective with respect to annuities awarded after the enactment of this Act; clauses (vii) and (viii), and the provisions of section (1) (d) (2), shall be effective with respect to annuities awarded or recertified after the enactment of this Act; and clauses (ix) and (x) shall be effective with respect to calendar years after 1971. 86 STAT. 767 (b) The first three sections of this Act, except for subsections (d) Termination and (e) of section 1, and the amendments made by such sections, shall date. 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 three sections of this Act, except for subsections (d) and (e) of section 1, and the amendments made by such sections, had not been enacted. SEC. 6. It is the policy of the Congress of the United States that the 20-percent increase in annuities of Railroad Retirement beneficiaries provided by this Act, as well as the 10-percent and 15-percent increases provided by Public Law 92-46 and Public Law 91-377, 85 Stat. 101; respectively, all of which will expire by the terms of such Acts on 84 Stat. 791. June 30, 1973, can be made permanent only if at the same time a method is adopted to insure the receipt of sufficient revenues by the Railroad Retirement Account to make such Account financially sol vent based on sound actuarial projections. Accordingly, representa- Report to contives of employees and retirees and representatives of carriers shall, gressional comno later than March 1, 1973, submit to the Senate Committee on Labor mittees. and Public Welfare and the House of Representatives Committee on Interstate and Foreign Commerce a report containing the mutual recommendations of such representatives based upon their negotiations and taking into account the report and specific recommendations of the Commission on Railroad Retirement designed to insure such solvency. A copy of the report of such representatives shall also be Report to submitted to the Railroad Retirement Board, which, no later than congressional April 1, 1973, shall submit to such committees of the Congress a committees. report containing its views and specific recommendations, and those of the administration, with reference to the report submitted by such representatives. CARL ALBERT Speaker of the House of Representatives. JAMES B. ALLEN Acting President of the Senate pro tempore. IN THE HOUSE OF REPRESENTATIVES, U.S., October 4, 1972. The House of Representatives having proceeded to reconsider the bill (H. R. 15927) entitled "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," returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. PAT JENNINGS I certify that this Act originated in the House of Representatives. Clerk. W. PAT JENNINGS Clerk. By: W. Raymond Colley 86 STAT. 767 86 STAT. 768 86 STAT. 768 IN THE SENATE OF THE UNITED STATES, October 4, 1972. The Senate having proceeded to reconsider the bill (H.R. 15927) entitled "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," returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R.VALEO By: Darrell St. Claire LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1264 (Comm. on Interstate and Foreign Commerce). Aug. 9, considered and passed House. Sept. 19, considered and passed Senate, amended. Sept. 20, House concurred in Senate amendment. Oct. 4, passed House and Senate over veto. 93rd Congress, H. R. 7357 July 6, 1973 An Act To amend sections 3(e) and 5(1)(1) of the Railroad Retirement Act of 1937 to simplify administration of the Act; and to amend section 226(e) of the Social Security Act to extend kidney disease medicare coverage to railroad employees, their spouses, and their dependent children; and for other purposes. 87 STAT. 141 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3(e) Railroad Retireof the Railroad Retirement Act of 1937 is amended by striking out the ment Act of 1937, word "and" after clause (ix) in the second paragraph thereof and amendment. inserting after the semicolon in clause (x) in such second para- Kidney disease graph the following new clauses: 666 medicare. 86. Stat. 765. "(xi) years of coverage as defined in section 215 (a) of the 82 Stat. 183 Social Security Act for an employee who has been awarded an 45 USC 2280. annuity under section 2 of this Act shall be determined only on 86 Stat. 410, the basis of his wages and self-employment income credited under 1333. the Social Security Act through the later of December 31, 1971, 42 USC 415. or December 31 of the year preceding the year in which his an- 45 USC 228b. nuity began to accrue; and (xii) in determining increment months for the purpose of a delayed retirement increase, section 303 (w) (2)(B)(ii) of the Social Security Act shall be deemed to read as follows: "such individual was not entitled to an old-age insurance benefit";"." SEC. 2. Section 5(1)(1) of the Railroad Retirement Act of 1937 is amended (1) by striking out from clause (ii) "shall not be adopted after such death by other than a stepparent, grandparent, aunt, uncle, brother, or sister;"; (2) by striking out from such clause (ii) "age eighteen" and inserting in lieu thereof "age twenty-two or before the close of the eighty-fourth month following the month in which his most recent entitlement to an annuity under section 5(c) of this Act terminated because he ceased to be under such a disability"; (3) by striking from the third sentence thereof "202(d) (3) or (4)" and inserting in lieu thereof “202(d) (3), (4), or (9)"; Child's annuity, extension. 60 Stat. 733; 65 Stat. 6883 80 Stat. 1084. 45 USC 228e. (4) by adding immediately after the seventh sentence thereof Reentitlement. the following new sentence: "A child whose entitlement to an annuity under section 5(c) of this Act was terminated because he ceased to be disabled as provided in clause (ii) of this paragraph and who becomes again disabled as provided in such clause (ii), may become reentitled to an annuity on the basis of such disability upon his application for such reentitlement."; and (5) by adding the following new paragraph at the end thereof: "A child who attains age twenty-two at a time when he is a full-time student (as defined in subparagraph (A) of paragraph 7 of section 202 (d) of the Social Security Act and without the application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a degree from a four-year college or university shall be deemed (for purposes of determining whether his entitlement to an annuity under this section has terminated under subsection (j) and for purposes of determining his initial entitlement to such an annuity) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion Full-time students, 79 Stat. 371; 87 STAT. 142. Kidney disease medicare. 86 Stat. 1463. 42 USC 426. 50 Stat. 307. 45 USC 2288. Effective dates. 86 Stat. 1329. 60 Stat. 729; 65 Stat. 685. 45 USC 228e. Ante, p. 141. of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs)." SEC. 3. Section 226 (e) of the Social Security Act is amended (1) by inserting "or would be fully or currently insured if his service as an employee (as defined in the Railroad Retirement Act of 1937) after December 31, 1936, were included in the term 'employment' as defined in this Act" after "(as such terms are defined in section 214 of this Act)" in 2(A) thereof; (2) by inserting "or an annuity under the Railroad Retirement Act of 1937" after "monthly insurance benefits under title II of this Act" in 2(B) thereof; (3) by inserting "or would be fully or currently insured if his service as an employee (as defined in the Railroad Retirement Act of 1937) after December 31, 1936, were included in the term 'employment' as defined in this Act" after "fully or currently insured" in 2(C) thereof; and (4) by inserting "or an annuity under the Railroad Retirement Act of 1937" after "monthly insurance benefits under title II of this Act" in 2(D) thereof. SEC. 4. (a) The provisions of this Act, except the provisions of section 1, shall be effective as of the date the corresponding provisions of Public Law 92-603 are effective. The provisions of clauses (xi) and (xii), which are added by section 1 of this Act, shall be effective as follows: clause (xi) shall be effective with respect to calendar years after 1971 for annuities accruing after December 1972; and clause (xii) shall be effective as of the date the delayed retirement provision of Public Law 92-603 is effective. (b) Any child (1) whose entitlement to an annuity under section 5(c) of the Railroad Retirement Act was terminated by reason of his adoption prior to the enactment of this Act, and (2) who, except for such adoption, would be entitled to an annuity under such section for a month after the month in which this Act is enacted, may, upon filing application for an annuity under the Railroad Retirement Act after the date of enactment of this Act, become reentitled to such annuity; except that no child shall, by reason of the enactment of this Act, become reentitled to such annuity for any month prior to the effective date of the relevant amendments made by this Act to section 5(1) (1) (ii) of the Railroad Retirement Act. Approved July 6, 1973. 36-627 - 79-16 LEG IS LAT IVE HISTORY: HOUSE REPORT No. 93-222 (Comm. on Interstate and Foreign Commerce). May 31, considered and passed House. June 15, considered and passed Senate, amended. |