that date, the annuity amounts provided under paragraphs (1) (b) An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937, but who could not have become eligible for an annuity under paragraph 2 of such section, shall not be eligible for an annuity under paragraph (ii) of section 2(a)(1) of the Railroad Retirement Act of 1974. 88 STAT. 1354 Ante, p. 1319. 45 USC 228b. gibility, 45 USC 2280. Ante, p. 1312. SEC. 205. (a) Every individual who was entitled to a supplemental Supplemental annuity under section 3 (j) of the Railroad Retirement Act of 1937 for annuity, eli- ́ the month of December 1974, or who would have been entitled to such a supplemental annuity for such month except for the provisions of section 2(d) of such Act, and who would have been entitled to such a supplemental annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to a supplemental annuity under section 2(b) (1) of the Railroad Retirement Act of 1974, beginning January 1, 1975, in an amount, the provisions of section 3(e) of such Act notwithstanding, equal to the amount of the supplemental annuity to which such individual was entitled under section 3 (j) of the Railroad Retirement Act of 1937 for the month of December 1974, or to which such individual would have been entitled for such month under such section 3 (j) except for the provisions of section 2 (d) of such Act. (b) An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937, but who could not have become eligible for a supplemental annuity under section 3 (j) of such Act if this Act had not been enacted, shall not be eligible for a supplemental annuity under section 2(b) of the Railroad Retirement Act of 1974. SEC. 206. Every spouse who was entitled to an annuity under section Spouse's an2(e) or 2(h) of the Railroad Retirement Act of 1937 for the month nuity. of December 1974, or who would have been entitled to such an annuity 45 USC 231 for such month except for the provisions of section 2(d) of such Act, note. and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under section 2(c) of the Railroad Retirement Act of 1974, beginning January 1, 1975. For purposes of this section (1) that portion of the spouse's annuity as is provided under section 4(a) of the Railroad Retirement Act of 1974 shall initially Ante, p. 1327. (2) that portion of the spouse's annuity as is provided under 88 STAT. 1355 42 USC 1305. 45 USC 228b. Ante, p. 1327. 42 USC 402. 45 USC 215 note. graph (2) of section 204 (a) of this title: Provided, however, That, section 2(d) of that Act) plus (ii) the monthly insurance benefit SEC. 207. Every survivor who was entitled to an annuity under section 5 of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such an annuity for such month except for the provisions of section 5(i) of such Act, and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under section 2(d) of the Railroad Retirement Act of 1974 beginning January 1, 1975. For purposes of this section- (1) that portion of the survivor's annuity as is provided under section 4(f) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to the amount determined under clause (i) of section 3(a) (6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in the amount of such survivor's annuity as computed under the provisions of section 5(q) of the Railroad Retirement Act of 1937: Provided, however, That the amount of such annuity shall be subject to reduction in accordance with the provisions of section 202 (k) or 202(q) of the Social Security Act in the same manner as any widow's insurance benefit, mother's insurance benefit, widower's insurance benefit, parent's insurance benefit, or child's insurance benefit payable under section 202 of the Social Security Act and shall also be subject to reduction in accordance with the provisions of section 4(i) (2) of the Railroad Retirement Act of 1974; (2) that portion of the survivor's annuity as is provided under section 4(g) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to 30 per centum of the amount computed in accordance with the provisions of paragraph (1) of this section prior to any reductions, other than reductions on account of age, in accordance with the provisions of section 202 (k) or 202 (q) of the Social Security Act and prior to any reductions in accordance with the provisions of section 4(i) (2) of the Railroad Retirement Act of 1974: Provided, however, That, if such survivor is not entitled to an annuity amount provided under paragraph (3) of this section, such amount shall not be less than an amount which would cause (A) the total of the annuity amounts provided the survivor by the provisions of this section for the month of January 1975 to equal (B) the amount of the annuity which the survivor would have received for such month under section 5 of the Railroad Retirement Act of 1937 (without regard to section 5(i) of that Act) if this Act had not been enacted; and 88 STAT. 1356 45 USC 228b. Survivor's annuities. 45 USC 231 note. 45 USC 228e. Ante, p. 1312. Ante, p. 1327. 45 USC 228c. 42 USC 402. (3) if the survivor is a widow or widower who was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act on December 31, 1974, or was fully insured under that Act on that date, the annuity amounts provided under paragraphs (1) and (2) of this section shall be increased by an amount determined under the provisions of 4(h)(1) of the Railroad Retirement Act of 1974: Provided, however, That, if the widow or widower was entitled to a monthly insurance benefit under the Social Security Act on December 31, 1974, such amount 42 USC 1305. shall not be less nor more than an amount which would cause (A) the total of (i) the annuity amounts provided the widow or widower by the provisions of this section for the month of 88 STAT. 1357 42 USC 1305. 45 USC 215 note. 45 USC 228e. 45 USC 231 note. 45 USC 2280. 45 USC 228b. Monthly insuranoe benefits, increases. 45 USC 231° note. 42 USC 402. Annuity inoreases. 45 USC 231 note. 42 USC 402. Ante, p. 1312. January 1975 plus (ii) the monthly insurance benefit to which such widow or widower is entitled for that month under the Social Security Act (before any deductions on account of work) to equal (B) the total of (i) the widow's or widower's annuity under the Railroad Retirement Act of 1937 (without regard to section 5(i) of that Act) plus (ii) the monthly insurance benefit under the Social Security Act (before any deductions on account of work) which such widow or widower would have received for such month if this Act had not been enacted. SEC. 208. For purposes of paragraph (1) of section 204 (a), paragraph (1) of section 206, and paragraph (1) of section 207, the fact that the amount of the annuity payable to an individual, spouse, or survivor under the Railroad Retirement Act of 1937 for the month of December 1974 may not (i) in the case of an individual have been computed under the provisions of section 3(a) of such Act or that part of section 3(e) of such Act which precedes the first proviso; (ii) in the case of a spouse, have been computed under the provisions of section 2 of such Act; or (iii) in the case of a survivor, have been computed under the provisions of section 5 of such Act, shall be disregarded, and the amount determined under clause (i) of section 3(a) (6) of such Act with respect to such individual, spouse, or survivor shall, for purposes of such paragraphs, be the amount which would have been determined under such clause (i) if the annuity of such individual had been computed under the provisions of section 3(a), and that part of section 3(e) which preceded the first proviso, of such Act; the annuity of such spouse had been computed under the provisions of section 2 of such Act; or the annuity of such survivor had been computed under the provisions of section 5 of such Act. SEC. 209. (a) Whenever monthly insurance benefits under section 202 of the Social Security Act are increased, the amount of each annuity provided by section 202 (a), section 203 (a), paragraph (1) of section 204 (a), paragraph (1) of section 206, and paragraphs (1) and (2) of section 207 shall be increased in the same manner, and effective the same date as other annuities of the same type payable under section 2 of the Railroad Retirement Act of 1974 are increased. (b) The annuity amounts provided by section 202(b), section 203 (b), paragraph (2) of section 204 (a), and paragraph (2) of section 206 shall be increased by the same percentage, or percentages, and effective the same date, or dates, as other annuity amounts of the same type are increased pursuant to the provisions of section 3(g) of the Railroad Retirement Act of 1974. SEC. 210. The election of a joint and survivor annuity made before July 31, 1946, by an individual to whom an annuity accrues under the Railroad Retirement Act of 1937 before January 1, 1975, shall be given effect as though the provisions of law under which the election was made had continued to be operative unless such election had been revoked prior to the time the annuity of such individual began to accrue. TITLE III—AMENDMENTS TO THE SOCIAL SECURITY SEC. 301. Section 202 (1) of the Social Security Act is amended(1) by striking out "section 5 of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 2 of the Railroad Retirement Act of 1974"; and (2) by striking out "subsection (f) (1) of such section" and inserting in lieu thereof "section 6(b) of such Act”. SEC. 302. (a) Section 205 (i) of the Social Security Act is amended by inserting immediately before the colon preceding the proviso therein the following: "(except that in the case of (A) an individual who will have completed ten years of service creditable under the Railroad Retirement Act of 1937 or the Railroad Retirement Act of 1974, (B) the wife or husband of such an individual, (C) any survivor of such an individual if such survivor is entitled, or could upon application become entitled, to an annuity under section 2 of the Railroad Retirement Act of 1974, and (D) any other person entitled to benefits under section 202 of this Act on the basis of the wages and self-employment income of such an individual (except a survivor of such an individual where such individual did not have a current connection with the railroad industry, as defined in the Railroad Retirement Act of 1974, at the time of his death), such certification shall be made to the Railroad Retirement Board which shall provide for such payment or payments to such person on behalf of the Managing Trustee in accordance with the provisions of the Railroad Retirement Act of 1974)”. (b) The amendment made by this section shall apply only with respect to benefits payable to individuals who first become entitled to benefits under title II of the Social Security Act after 1974. SEC. 303. Section 205 (o) of the Social Security Act is amended—(1) by striking out "section 5 of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 2 of the Railroad Retirement Act of 1974"; (2) by striking out "subsection (f) (1) of such section" and inserting in lieu thereof "section 6(b) of such Act"; and (3) by striking out "section 4 of such Act" and inserting in lieu thereof "section 3 (i) of such Act". SEC. 304. Sections 216(b), 216(c), 216(f), and 216(g) of the Social Security Act are each amended by striking out "section 5 of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 2 of the Railroad Retirement Act of 1974”. 88 STAT. 1358 42 USC 405. 45 USC 215 note. Ante, p. 1305. Ante, p. 1312. 42 USC 401. 42 USC 405. Ante, p. 1312. Ante, p. 1334. Ante, p. 1319. 42 USC 416. SEC. 305. (a) Section 226(b) of the Social Security Act is amended 42 USC 426. by striking out "section 22 of the Railroad Retirement Act of 1937" from paragraph (2) and inserting in lieu thereof "section 7(d) of the Railroad Retirement Act of 1974". (b) Section 226(d) of such Act is amended by striking out "section 21 or section 22 of the Railroad Retirement Act of 1937" each time it appears therein and inserting in lieu thereof "section 7 (d) of the Railroad Retirement Act of 1974". (c) Section 226(e) of such Act is amended by striking out "Railroad Retirement Act of 1937" each time it appears therein and inserting in lieu thereof "Railroad Retirement Act of 1974". SEC. 306. Section 1840 (b) of the Social Security Act is amended by striking out "or pension under the Railroad Retirement Act of 1937" from paragraph (1) and inserting in lieu thereof "under the Railroad Retirement Act of 1974". Ante, p. 1338. 42 USC 1395s. SEC. 307. Section 1842 (g) of the Social Security Act is amended by 42 USC 1395u. striking out "section 21(b) of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 7(d) of the Railroad Retirement Act of 1974". SEC. 308. Section 1843 (b) of the Social Security Act is amended by 42 USC 1395v. striking out "or pension under the Railroad Retirement Act of 1937" and inserting in lieu thereof "under the Railroad Retirement Act of 1974". SEC. 309. Section 1870 (b) of the Social Security Act is amended by 42 USC 1395gg. striking out "Railroad Retirement Act of 1937" each time it appears therein and inserting in lieu thereof "Railroad Retirement Act of 1974". |