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ment of the Social Security Act Amendments of 1939, provided such lump sum will not previously have been deducted from any insurance benefit paid under the Social Security Act; and
“(iv) an amount equal to 1 per centum of any wages paid to such employee for services performed in 1939, and subsequent to his attaining age sixty-five, with respect to which the taxes imposed by section 1400 of the Internal Revenue Code will not have been deducted by his employer from his wages or paid by such employer, provided such amount will not previously have been deducted from any insurance benefit paid under the Social
Security Act. " (4) The deductions provided in this subsection shall be made in such amounts and at such time or times as the Board shall determine. Decreases or increases in the total of annuities payable for a month with respect to the death of an employee shall be equally apportioned among all annuities in such total. An annuity under this section which is not in excess of $5 may, in the discretion of the Board, be paid in a lump sum equal to its commuted value as the Board shall determine.
“(j) WHEN ANNUITIES BEGIN AND END.—No individual shall be entitled to receive an annuity under this section for any month before January 1, 1947. An application for any payment under this section shall be made and filed in such manner and form as the Board prescribes. An annuity under this section for an individual otherwise entitled thereto shall begin with the month in which such individual filed an application for such annuity: Provided, That such individual's annuity shall begin with the first month for which he will otherwise have been entitled to receive such annuity if he files such application prior to the end of the third month immediately succeeding such month. No application for an annuity under this section filed prior to three months before the first month for which the applicant becomes otherwise entitled to receive such annuity shall be accepted. No annuity shall be payable for the month in which the recipient thereof ceases to be qualified therefor.
“(k) PROVISIONS FOR CREDITING RAILROAD INDUSTRY SERVICE UNDER THE SOCIAL SECURITY ACT IN CERTAIN CASES.-(1) For the purpose of determining insurance benefits under title II of the Social Security Act which would begin to accrue on or after January 1, 1947, to a widow, parent, or surviving child, and with respect to lump-sum death payments under such title payable in relation to a death occur. ring on or after such date, section 15 of the Railroad Retirement Act of 1935, section 209 (b) (9) of the Social Security Act, and section 17 of this Act shall not operate to exclude from employment', under title II of the Social Security Act, service which would otherwise be included in such 'employment' but for such sections. For such purpose, compensation paid in a calendar year shall, in the absence of evidence to the contrary, be presumed to have been paid in equal proportions with respect to all months in the year in which the employee will have been in services as an employee.
«(2) Not later than January 1, 1950, the Board and the Federal Security Administrator shall make a special joint report to the President to be submitted to Congress setting forth the experience of the Board in crediting wages toward awards, and the experience of the Social Security Board in crediting compensation toward
5. awards, and their recommendations for such legislative changes as
are deemed advisable for equitable distribution of the financial e burden of such awards between the retirement account and the Federal 2 Old Age and Survivors Insurance Trust Fund.
“(3) The Board and the Federal Security Administrator shall, .. upon request, supply each other with certified reports of records of
compensation or wages and periods of service and of other records in their possession or which they may secure, pertinent to the administration of this section or title II of the Social Security Act as
affected by paragraph (1). Such certified reports shall be coni clusive in adjudication as to the matters covered therein: Provided, 1 That if the Board or the Federal Security Administrator receives I evidence inconsistent with a certified report and the application
involved is still in course of adjudication or otherwise open for such
evidence, such recertification of such report shall be made as, in i the judgment of the Board or the Federal Security Administrator,
whichever made the original certification, the evidence warrants.
Such recertification and any subsequent recertification shall be treated be in the same manner and be subject to the same conditions as an Region original certification.
“(1) DEFINITIONS.—For the purposes of this section the term 'employee' includes an individual who will have been an employee', f and
“(1) The qualifications for 'widow', 'child', and 'parent shall be, except for the purposes of subsection (f), those set forth in section 209 (j) and (k), and section 202 (f) (3) of the Social Security Act, respectively; and in addition,
“(i) a 'widow'shall have been living with her husband employee at the time of his death;
"(ii) a 'child' shall have been dependent upon its parent employee at the time of his death; shall not be adopted after such death; shall be unmarried; and less than eighteen years of age; and
"(iii) a 'parent shall have been wholly dependent upon and supported at the time of his death by the employee to whom the relationship of 'parent is claimed; and shall have filed proof of such dependency and support within two years after
such date of death, or within six months after January 1, 1947. A 'widow or a 'child' shall be deemed to have been so living with a husband or so dependent upon a parent if the conditions set forth in section 209 (n) or section 202 (c)(3) or (4) of the Social Security
Act, respectively, are fulfilled. In determining whether an applicant his is the wife, widow, child, or parent of an employee as claimed, the
rules set forth in section 209 (m) of the Social Security Act shall be į applied:
*(2) The term 'retirement annuity shall mean an annuity under section 2 awarded before or after its amendment but not including
an annuity to a survivor pursuant to an election of a joint and survivor # annuity; and the term 'pension shall mean a pension under section 6;
“(3) The term “quarter of coverage shall mean a compensation quarter of coverage or a wage quarter of coverage, and the term quarters of coverage shall mean compensation quarters of coverage, or wage quarters of coverage, or both: Provided, That there shall be
for a single employee no more than four quarters of coverage for a single calendar year;
“(4) The term 'compensation quarter of coverage shall mean any quarter of coverage computed with respect to compensation paid to an employee after 1936 in accordance with the following table:
“(5) The term 'wage quarter of coverage shall mean any quarter of coverage determined in accordance with the provisions of title II of the Social Security Act;
“(6) The term 'wages' shall mean wages as defined in section 209 (a) of the Social Security Act;
“(7) An employee will have been completely insured' if it appears to the satisfaction of the Board that at the time of his death, whether before or after the enactment of this section, he will have had the qualifications set forth in any one of the following paragraphs:
“(i) a current connection with the railroad industry; and a number of quarters of coverage, not less than six, and at least equal to one-half of the number of quarters, elapsing in the period after 1936, or after the quarter in which he will have attained the age of twenty-one, whichever is later, and up to but excluding the quarter in which he will have attained the age of sixty-five years or died, whichever will first have occurred (excluding from the elapsed quarters any quarter during any part of which a retirement annuity will have been payable to him); and if the number of such elapsed quarters is an odd number such number shall be reduced by one; or
“(ii) a current connection with the railroad industry; and forty or more quarters of coverage; or
"(iii) a pension will have been payable to him; or a retirement annuity based on service of not less than ten years (as computed in awarding the annuity) will have begun to accrue
to him before 1948; “(8) An employee will have been 'partially insured' if it appears to the satisfaction of the Board that at the time of his death, whether before or after the enactment of this section, he will have had (i) a current connection with the railroad industry; and (ii) six or more quarters of coverage in the period beginning with the third calendar year next preceding the year in which he will have died and ending with the quarter next preceding the quarter in which he will have died;
"(9) An employee's “average monthly remuneration shall mean the quotient obtained by dividing (A) the sum of the compensation ]
tad wages paid to him after 1936 and before the quarter in which he will have died, eliminating for any single calendar year, from compensation, any excess over $300 for any calendar month in such year, and from the sum of wages and compensation any excess over $3,000, by (B) three times the number of quarters elapsing after 1936 and before the quarter in which he will have died: Provided, That for the period prior to and including the calendar year in which he will have attained the age of twenty-two there shall be included in the divisor not more than three times the number of quarters of coverage in such period: Provided further, That there shall be excluded from the divisor any calendar quarter during any part of which a retirement annuity will have been payable to him.
“With respect to an employee who will have been awarded a retirement annuity, the term 'compensation shall, for the purposes of this paragraph, mean the compensation on which such annuity will have been based; “(10) The term 'basic amount shall mean
“(i) for an employee who will have been partially insured, or completely insured solely by virtue of paragraph (7) (i) or (7) (ii) or both: the sum of (A) 40 per centum of his average monthly remuneration, up to and including $75; plus (B) 10 per centum of such average monthly remuneration exceeding $75 and up to and including $250, plus (C) 1 per centum of the sum of (A) plus (B) multiplied by the number of years after 1936 in each of which the compensation, wages, or both, paid to him will have been equal to $200 or more; if the basic amount, thus computed, is less than $10 it shall be increased to $10;
“(ii) for an employee who will have been completely insured solely by virtue of paragraph (7) (iii): the sum of 40 per centum of his monthly compensation if an annuity will have been payable to him, or, if a pension will have been payable to him, 40 per centum of the average monthly earnings on which such pension was computed, up to and including $75, plus 10 per centum of such compensation or earnings exceeding $75 and up to and including $250. If the average monthly earnings on which a pension payable to him was computed are not ascertainable from the records in the possession of the Board, the amount computed under this subdivision shall be $33.33, except that if the pension payable to him was less than $25, such amount shall be four-thirds of the amount of the pension or $13.33, whichever is greater. The term 'monthly compensation shall, for the purposes of this subdivision, mean the monthly compensation used in computing the annuity;
“(iii) for an employee who will have been completely insured under paragraph (7) (iii) and either (7) (i) or (7) (ii): the higher of the two amounts computed in accordance with sub
divisions (i) and (ii).” Sec. 214. Section 8 is amended by striking out the word “monthly” each time it appears; by substituting for the phrase “Any such return” the phrase “The Board's record of the compensation so returned"; by substituting for the phrases "earned by” and “be earned by” the phrases “paid to” and “will have been paid to”, respectively; by insert
ing after the phrase "the fact that” the phrase "the Board's records show that”; and by substituting for the terms “month” and “calendar month” the word “period”.
Sec. 215. Section 11 is amended to read as follows:
“Decisions of the Board determining the rights or liabilities of any person under this Act shall be subject to judicial review in the same manner, subject to the same limitations, and all provisions of law shall apply in the same manner as though the decision were a determination of corresponding rights or liabilities under the Railroad Unemployment Insurance Act except that the time within which proceedings for the review of a decision with respect to an annuity, pension, or lump-sum benefit may be commenced shall be one year after the decision will have been entered upon the records of the Board and communicated to the claimant."
DIVISION III The Railroad Unemployment Insurance Act is amended as follows:
Sec. 301. (a) Subsection 1 (h) is amended by inserting after the phrase "last preceding registration period” the phrase "which began with a day for which he registered at an employment office”.
(b) Subsection 1 (h) is further amended by adding the following sentence:
“The term 'registration period' means also, with respect to any employee, the period which begins with the first day with respect to which a statement of sickness is filed in his behalf in accordance with such regulations as the Board may prescribe, or the first such day after the end of a registration period which will have begun with a day with respect to which a statement of sickness was filed in his behalf, and ends with the thirteenth day thereafter.”
SEC. 302. Subsection 1 (j) is amended by substituting for the period at the end thereof a comma and adding “maternity insurance, or sickness insurance”.
SEC. 303. The first paragraph of subsection 1 (k) is amended by inserting “(1) ” after the phrase "section 4 of this Act,", and by substituting for the colon before the phrase "Provided, however," the following: "; and (2) a 'day of sickness', with respect to any employee, means a calendar day on which because of any physical, mental, psychological, or nervous injury, illness, sickness, or disease he is not able to work or which is included in a maternity period, and with respect to which (i) no remuneration is payable or accrues to him, and (ii) in accordance with such regulations as the Board may prescribe, a statement of sickness is filed within such reasonable period, not in excess of ten days, as the Board may prescribe :"
Sec. 304. Subsection 1 (1) is amended by substituting there for the following:
“(1) The term 'benefits' (except in phrases clearly designating other payments) means the money payments payable to an employee as provided in this Act, with respect to his unemployment or sickness.
“(1) (1) The term 'statement of sickness' means a statement with respect to days of sickness of an employee, and the term 'statement of maternity sickness' means a statement with respect to a maternity period of a female employee, in each case executed in such manner and