88 STAT. 1359 42 USC 1395kk. 42 USC 410. Ante, p. 1319. 45 USC 352. Ante, p. 1305. Ante,p. 1334. 45 USC 354. 45 USC 360, 42 USC 1104, 45 USC 361. 45 USC 362. Ante, p. 1338. 26 USC 3221. 45 USC 2280. Ante p. 1312. SEC. 310. Section 1874 (a) of the Social Security Act is amended by striking out "Railroad Retirement Act of 1937" and inserting in lieu thereof "Railroad Retirement Act of 1974". SEC. 311. Section 210(1) of the Social Security Act is amended(1) by striking out "section 4 of the Railroad Retirement Act of 1937" from paragraph 4(A) and inserting in lieu thereof "section 3(i) of the Railroad Retirement Act of 1974"; and (2) by striking out ", as provided in section 4(p) (2) of that Act", from paragraph (4) (▲) thereof. TITLE IV—AMENDMENTS TO THE RAILROAD UNEMPLOYMENT INSURANCE ACT SEC. 401. (a) Section 2(c) of the Railroad Unemployment Insurance Act is amended by striking out "Railroad Retirement Act of 1937" and inserting in lieu thereof "Railroad Retirement Act of 1974” and by striking out "and section 10 (h)". (b) Section 2(g) of such Act is amended by striking out “section 3(f)(1) of the Railroad Retirement Act of 1937" each time it appears therein and inserting in lieu thereof “section 6(a)(1) of the Railroad Retirement Act of 1974". SEC. 402. Section 4 (a-1) of the Railroad Unemployment Insurance Act is amended by striking out "or pensions under the Railroad Retirement Act of 1935 or the Railroad Retirement Act of 1937" from paragraph (ii) and inserting in lieu thereof "under the Railroad Retirement Act of 1974". SEC. 403. Section 10 of the Railroad Unemployment Insurance Act is amended by striking out subsection (h) and all that appears therein. SEC. 404. Section 11 (c) of the Railroad Unemployment Insurance Act is amended (a) by striking out "Railroad Retirement Act of 1937 and the Railroad Retirement Act of 1935" and inserting in lieu thereof "Railroad Retirement Act of 1974"; and (b) by striking out "such Acts" and inserting in lieu thereof "such Act". SEC. 405. Section 12 (1) of the Railroad Unemployment Insurance Act is amended by striking out "section 10(b) (4) of the Railroad Retirement Act of 1937" and inserting in lieu thereof "subdivisions (5), (6), and (9) of section 7(b) of the Railroad Retirement Act of 1974". TITLE V-AMENDMENTS TO THE INTERNAL REVENUE SEC. 501. (a) Section 3221 (c) of the Internal Revenue Code of 1954 is amended- (1) by striking out "for appropriation to the Railroad Retirement Supplemental Account provided for in section 15 (b) of the Railroad Retirement Act of 1937"; (2) by striking out "under section 3(j) of such Act" and inserting in lieu thereof "at the level provided under section 3 (j) of the Railroad Retirement Act of 1937 as in effect on December 31, 1974"; and (3) by inserting after "section 3 (j) (2) of the Railroad Retirement Act of 1937” “or section 2 (h) (2) of the Railroad Retirement Act of 1974". (b) Section 3221 (d) of such Code is amended (1) by striking out "section 3(j) of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 2(b) of the Railroad Retirement Act of 1974"; and 88 STAT. 1360 Ante, p. 1312. (2) by striking out "section 3 (j) of such Act" and inserting in lieu thereof "section 2(b) of such Act". SEC. 502. Section 6413 (c) of the Internal Revenue Code of 1954 is 26 USC 6413. amended (a) by inserting "or section 3201, or by both such sections," after "section 3101" in paragraph (1) thereof; and (b) by adding at the end of paragraph (1) the following new sentence: "The term 'wages' as used in this paragraph shall, for purposes of this paragraph, include 'compensation' as defined in section 3231 (e).” TITLE VI--MISCELLANEOUS PROVISIONS AND EFFECTIVE DATES SEC. 601. Section 3 (a) (6) of the Railroad Retirement Act of 1937 45 USC 2280. is amended by adding at the end thereof the following new sentences: "If the individual entitled to an increase determined under the preceding provisions of this paragraph is also entitled to a benefit for the same month under title II of the Social Security Act, there shall, any 42 USC 401. provisions to the contrary notwithstanding, be offset against the total of the increase, or increases, of such individual determined under the preceding provisions of this paragraph, any amount by which, such individual's social security benefit was increased during the period July 1, 1974, through December 31, 1974. For purposes of approximating any such offsets, the Railroad Retirement Board is authorized to determine the percentage figure which, when applied against current social security benefits, will produce approximately the amount of the increase, or increases, in social security benefits during the period July 1, 1974, through December 31, 1974. The amount produced by applying such percentage figure to the current social security benefit of an individual shall be the amount utilized in making the offset prescribed by the provisions of this paragraph." SEC. 602. (a) The provisions of title I of this Act shall become effective on January 1, 1975, except as otherwise provided herein: Provided, however, That annuities awarded under section 2 of the Railroad Retirement Act of 1974 on the basis of an application therefor filed with the Board on or after such date may, subject to the limitations prescribed in section 5(a) of such Act, begin prior to such date, except that no annuity under paragraph (ii) of section 2(a)(1) of such Act shall begin to accrue to a man prior to July 1, 1974. (b) The provision of section 1(o) of the Railroad Retirement Act of 1974 which provides that a "current connection with the railroad Ante, p. 1305. industry" will not be broken by "employment with the Department of Transportation, the Interstate Commerce Commission, the National Mediation Board, or the Railroad Retirement Board" shall not be applicable (A) for purposes of paragraph (iv) of section 2(a) (1) of such Act, to an individual who became disabled, as provided for purposes of such paragraph, prior to January 1, 1975, (B) for purposes of section 2(b) (1) of such Act, to an individual whose annuity under section 2(a) of the Railroad Retirement Act of 1937 or section 2(a)(1) 45 USC 228b. of the Railroad Retirement Act of 1974 first began to accrue prior to January 1, 1975, and (C) for purposes of section 2(d) (1) of such Act, to a survivor of a deceased employee if such employee died prior to January 1, 1975. 88 STAT. 1361 45 USC 231a note. Ante, p. 1312. 45 USC 228b. Ante, p. 1338. 45 USC 231f note. 42 USC 402 note. 26 USC 3221 note. 45 USC 228c note. 45 USC 215 note. (c) The provisions of clause (i) (B) and clause (ii) (B) of section. 2(c)(1) of the Railroad Retirement Act of 1974 shall not be applicable to the spouse of an individual if (A) such individual will have completed thirty years of service and will have been awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 or section 2(a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to July 1, 1974, or (B) such individual will have completed less than thirty years of service and will have been awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 of section 2(a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to January 1, 1975. For purposes of the entitlement of the spouse of an individual described in clause (A) or (B) of the preceding sentence to an annuity under such section 2(c) (1), the provisions of clause (i) (B) of such section 2 (c) (1) shall be deemed to read: "(B) has attained the age of 65". (d) The provisions of section 2(b) (1) of the Railroad Retirement Act of 1974 which permit an individual to become entitled to a supplemental annuity thereunder if he "has attained age 60 and completed thirty years of service" shall not be applicable to an individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 or section 2(a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to July 1, 1974. (e) The provisions of section 7(e) of the Railroad Retirement Act of 1974 shall be effective on the enactment date of this Act and shall apply with respect to all gifts and bequests covered thereunder, regardless of the date on which such gifts or bequests were made. SEC. 603. The provisions of title II of this Act and the amendments made by title III and title IV of this Act shall become effective on January 1, 1975. SEC. 604. The amendments made by the provisions of title V of this Act shall become effective on January 1, 1975, and shall apply only with respect to compensation paid for services rendered on or after that date. SEC. 605. The amendment made by section 601 of this Act shall be effective on the enactment date of this Act and shall apply with respect to any increase in annuities under the Railroad Retirement Act of 1937 which becomes effective after June 30, 1974. CARL ALBERT Speaker of the House of Representatives. JAMES O. EASTLAND President of the Senate pro Tempore. IN THE HOUSE OF REPRESENTATIVES, U.S., October 15, 1974. The House of Representatives having proceeded to reconsider the bill (H.R. 15301) entitled "An Act to amend the Railroad Retirement Act of 1937 to revise the retirement system for employees of employers covered thereunder, 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. 88 STAT. 1362' Attest: W. PAT JENNINGS Clerk. I certify that this Act originated in the House of Representatives. W. PAT JENNINGS Clerk. IN THE SENATE OF THE UNITED STATES, October 16, 1974. The Senate having proceeded to reconsider the bill (H.R. 15301) entitled "An Act to amend the Railroad Retirement Act of 1937 to revise the retirement system for employees of employers covered thereunder, 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 Secretary. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-1345 (Comm. on Interstate and Foreign Commerce). Sept. 12, considered and passed House. Sept. 25, considered and passed Senate, amended. Sept. 30, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 10, No. 41: CONGRESSIONAL RECORD, Vol. 120 (1974): Oct. 15, House overrode veto. 36-627 - 79 - 20 Public Law 94-92 An Act To amend the Railroad Unemployment Insurance Act to increase unemployment and sickness benefits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Railroad employees. TITLE I-RAILROAD UNEMPLOYMENT INSURANCE ACT Unemployment AMENDMENTS SECTION 1. (a) Section 1 (h) of the Railroad Unemployment Insurance Act is amended (1) by inserting "for a period of continuing sickness' (as defined in section 2(a) of this Act)" immediately after the words "a statement of sickness" each time those words appear in the second paragraph thereof; and (2) by striking out from the second paragraph "and ends with the thirteenth day thereafter" and inserting in lieu thereof "and ends with whichever is the earlier of (i) the thirteenth day thereafter, or (ii) the day immediately preceding the day with respect to which a statement of sickness for a new 'period of continuing sickness' (as defined in section 2(a) of this Act) is filed in his behalf". (b) Section 1(k) of such Act is amended by striking out "$3" from the second sentence and inserting in lieu thereof "$10”. (c) Section 2(a) of such Act is amended (1) by striking out the first paragraph and inserting in lieu thereof the following: and sickness benefits increase. 45 USC 351, Benefits. "(a) Benefits shall be payable to any qualified employee for each day of unemployment in excess of four during any registration period: Provided, however, That notwithstanding the provisions of section 1(h) of this Act, in any case in which the Board finds that his unemployment was due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he was last employed, other than a strike subject to the disqualification in section 4 (a-2) (iii), 45 USC 354. none of the first seven days of unemployment due to such stoppage of work shall be included in any registration period; and subject to the registration provisions of section 1(h), so many of the ensuing seven consecutive calendar days during which his unemployment continues to be caused by such stoppage of work shall constitute a registration period, during which benefits shall be payable for each day of unemployment. Benefits shall be payable to any qualified employee for each day of sickness after the fourth consecutive day of sickness in a period of continuing sickness, but excluding four days of sickness in any registration period. A period of continuing sickness means (i) a period of consecutive days of sickness, whether from one or more causes, or (ii) a period of successive days of sickness due to a single cause without interruption of more than ninety consecutive days which are not days of sickness."; and 89 STAT. 461 |