Page images
PDF
EPUB
[ocr errors]

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(0) 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”.

Sec. 305. (a) Section 226(b) of the Social Security Act is amended 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".

SBC. 307. Section 1842(g) of the Social Security Act is amended by 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 striking out “or pension under the Railroad Retirement Act of 1937" and inserting in lieu thereof "under the Railroad Retirement Act of

[ocr errors]

SEC. 309. Section 1870(b) of the Social Security 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. 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) (A) 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 Retire ment 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”.

27(b) ooting in 1; (b) (4) Yment Ing

TITLE V-AMENDMENTS TO THE INTERNAL REVENUE

CODE OF 1954

Sec. 501. (a) Section 3221(c) of the Internal Revenue Code of 1954 is amended

[ocr errors]

(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(1) 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

(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 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 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 IÎ of the Social Security Act, there shall, any 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, houerer, 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 „Ict, begin prior to

[ocr errors]

such date, except that no annuity under paragraph (ii) of sertion 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 industry” will not be broken by "employment with the Department of Transportation, the Interstate Coinmerce Commission, the National Mecliation 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) 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.

(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.

theo clientemente

[ocr errors]

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.

I certify that this Act originated in the House of Representatives.

W. Par JENNINGS,

Clerk.

« PreviousContinue »