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October. 16, 1974 - 31 - Pub. Law 93-445

88 STAT 1335 in which the individual will have died, but within one year after the individual's death there will not have accrued to survivors of the individual, by reason of his death, annuities which, after all deductions pursuant to sections 2(g) and 2(h) of this Act, are equal to Ante, po 1312 such lump sum, a payment equal to the amount by which such lump sum exceeds such annuities so accrued after such deductions shall then nevertheless be made under this subdivision to the widow or widower to whom a lump sum would have been payable under this subdivision except for the fact that a monthly benefit under section 2(d) of this Act was payable for the month in which the individual died, if such widow or widower will not have died before receiving payment of such lump sum.

"(c)(1) Whenever it shall appear, with respect to the death of an employee, that no benefits, or no further benefits (other than benefits payable to a widow, widower, or parent under either this Act or the Social Security Act upon attaining the age of eligibility therefor42 USC 1305. at a future date) will be payable under this Act or under the Social Security Act, a lump sum in an amount computed under subdivision (2) of this subsection shall be paid to such person or persons as the deceased employee may have designated by a writing filed with the Board prior to his or her death, or if there be no designation, to the following person (or, if more than one, in equal shares to the persons) whose relationship to the deceased employee will have been determined by the Board and who will not have died before receiving payment of the lump sum provided for in this subdivision

“(i) the widow or widower of the deceased employee who was living with such employee at the time of such employee's death; or

"(ii) if there be no such widow or widower, to any child or children of such employee; or

“(ii) if there be no such widow, widower, or child, to any grandchild or grandchildren of such employee; or

“(iv) if there be no such widow, widower, child, or grandchild, to any parent or parents of such employee; or

"(v) if there be no such widow, widower, child, grandchild, or parent, to any brother or sister of such employee; or

"(vi) if there be no such widow, widower, child, grandchild,

parent, brother, or sister, to the estate of such employee : Provided, however, That if the employee is survived by a widow, widower, or parent who may upon attaining the age of eligibility be entitled to benefits under this Act or under the Social Security Act, such lump sum shall not be paid unless such widow, widower, or parent makes and files with the Board an irrevocable election, in such form as the Board may prescribe, to have such lump sum be paid in lieu of all benefits to which such widow, widower, or parent might other. wise become entitled under this Act on the basis of the deceased employee's compensation and years of service or under the Social Security Act on the basis of the deceased employee's wages from (A) employment with an employer as defined in section 1(a) of this Act or (B) service as an employee representative as defined in section 1(c) of this Act. Any election made and filed by a widow, widower, or parent pursuant to this subdivision shall be legally effective according to its terms.

“(2) The lump sum provided under subdivision (1) of this subsection shall be in an amount equal to (A) the sum of 4 per centum of the deceased employee's compensation paid after December 31, 1936, and prior to January 1, 1947, plus 7 per centum of such employee's compensation paid after December 31, 1946, and before January 1, 1959, plus 712 per centum of such employee's compensation paid after December 31, 1958, and before January 1, 1962, plus 8 per centum of

Pub. Law 93-445 - 32 - October 16, 1974 88 STAT, 1337

such employee's compensation paid after December 31, 1961, and before January 1, 1966, plus an amount equal to the total of all employee taxes payable by such employee after December 31, 1965,

and before January 1, 1975, under the provisions of section 3201 of 26 USC 3201, the Railroad Retirement Tax Act (excluding, for this purpose, the

amount of the employee tax attributable to that portion of the tax rate 26 USC 3101, derived from section 3101(b) of the Internal Revenue Code of 1954),

plus one-half of 1 per centum of the compensation on which such taxes were payable, deeming the compensation attributable to creditable military service after June 30, 1963, and before January 1, 1975, to

be taxable compensation, and one-half of the taxes payable by an 26 USC 3211. employee representative under section 3211 of the Railroad Retirement

Tax Act to be employee taxes under section 3201 of such Act, minus (B) the sum of all benefits paid to such employee, and to others deriving from such employee, during his or her life, or to others by rea

son of his or her death, under this Act, the Railroad Retirement Act 45 USC 2260 of 1937, or the Social Security Act (excluding, for this purpose, pay. Post, p. 1336. ments to providers of services under section 7(d) of this Act or section 45 USC 228 m2, 21 of the Railroad Retireinent Act of 1937, any amounts by which

that portion of the annuities provided the employee under section 3(a) Ante, pp. 1319, of this Act or his spouse under section 4(a) of this Act were increased 1327.

by reason of the employee's wages and self-employment income

derived from employment and self-employment under the Social Secu42 USC 1305. rity Act, that portion of the annuities provided the employee under

section 3(h) of this Act or his spouse under section 4(e) of this Act, and so much of the benefits paid to the employee and to others deriving from him or her under the Social Security Act during his or her lifetime as would have been payable under that Act if such employee had not rendered service as an employee as defined in section 1(b) of this Act). In computing compensation for purposes of this subdivision there shall be excluded compensation in excess of $300 for any month before July 1, 1954; compensation in excess of $350 for any month after June 30, 1954, and before June 1, 1959; compensation in excess of $400 for any month after May 31, 1959, and before November 1, 1963; compensation in excess of $150 for any month after October 31, 1963, and before October 1, 1965; and compensation in excess of (i) $450 or (ii) an amount equal to one-twelfth of the current maximum

annual taxable 'wages' as defined in section 3121 of the Internal Reve26 USC 3121. nue Code of 1954, whichever is greater, for any month after Septem

ber 30, 1965.

"(d)(1) Every individual who will have completed ten years of service at the time of his retirement or death, but does not meet the qualifications for an annuity amount determined under the provisions of section 3(h) (1) or 3(h) (2) of this Act, shall, at the time his annuity under section 2(a) (1) begins to accrue, be entitled to a lump sum in the amount provided under subdivision (2) of this subsection. If an individual otherwise eligible for a lump sum under this section

dies before he becomes entitled to an annuity under section 2(a) (1) of Ante, p. 1312, this Act, or before he receives payment of such lump sum, such lump

sum shall be payable to the person, if any, who is determined by the Board to be such individual's widow or widower and who will not have died before receiving payment of such lump sum. If there be no such widow or widower, such lump sum shall be payable to the children, grandchildren, parents, brothers and sisters, or the estate of the deceased individual in the same manner as if such lump sum were a lump sum payable under subsection (c) (1) of this section.

"(2) The lump sum provided under subdivision (1) of this subsection shall be in an amount equal to the sum of (A) 1.5 per centum of so much of such individual's combined earnings for any calendar

October 16, 1974 - 33. Pub. Law 93-445

89 STAT. 2.332 year after 1950 and before 1954 as is in excess of $3,600, plus (B) 2 per centum of so much of such individual's combined earnings for any calendar year after 1953 and before 1957 as is in excess of $4,200, plus (C) 2.25 per centum of so much of such individual's combined earnings for any calendar year after 1956 and before 1959 as is in excess of $4,200, plus (D) 2.5 per centum of so much of such individual's combined earnings for the calendar year 1959 as is in excess of $4.800, plus (E) 3 per centum of so much of such individual's combined earnings for each of the calendar years 1960 and 1961 as is in excess of $4,800, plus (F) 3.125 per centum of so much of such individual's combined earnings for the calendar year 1962 as is in excess of $4,800, plus (G) 3.625 per centum of so much of such individual's combined earnings for any calendar year after 1962 and before 1966 as is in excess of $5,400, plus (H) 4.2 per centum of so much of such individual's combined earnings for the calendar year 1966 as is in excess of $6,600, plus (I) 4.4 per centum of so much of such individual's combined earnings for the calendar year 1967 as is in excess of $6,600, plus (J) 3.8 per centum of so much of such individual's combined earnings for the calendar year 1968 as is in excess of $7,800, plus (K) 4.2 per centum of so much of such individual's combined earnings for each of the calendar years 1969 and 1970 as is in excess of $7,800, plus (L) 4.6 per centum of so much of such individual's combined earnings for the calendar year 1971 as is in excess of $7,800, plus (M) 4.6 per centum of so much of such individual's combined earnings for the calendar year 1972 as is in excess of $9,000, plus (N) 4.85 per centum of so much of such individual's combined earnings for the calendar year 1973 as is in excess of $10,800, plus (O) 4.95 per centum of so much of such individual's combined earnings for the calendar year 1974 as is in excess of $13,200. For purposes of this subsection, the term "combined earnings shall include compensation' as defined in section 1(h) of the Railroad Retirement Act of 1937, 'wages' as defined 45 USC 2286. in section 209 of the Social Security Act, and 'self-employment' 42 USC 409. income as defined in section 211(b) of the Social Security Act.

42 USC 411.

“POWERS AND DUTIES OF THE BOARD

“Sec. 7. (a) This Act shall be administered by the Railroad Retire. 45 USC 231r. ment Board established by the Railroad Retirement Act of 1937 as an independent agency in the executive branch of the Government and composed of three members appointed by the President, by and with Membership. the advice and consent of the Senate. Each member shall hold office Term of office. for a term of five years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of the term and any member holding office pursuant to appointment under the Railroad Retirement Act of 1937 when this Act becomes effective shall hold office until the term for which he was appointed under such Railroad Retirement Act of 1937 expires. One member shall be appointed from recommendations made by representatives of the employees and one member shall be appointed from recommendations made by representatives of employers as defined in paragraph (i) of section 1(a) (1) of this Act, in both cases as the President Ante, p. 1305. shall direct, so as to provide représentation on the Board satisfactory to the largest number, respectively, of employees and employers concerned. One member, who shall be the chairman of the Board, shall be appointed without recommendation by either employers or employees and shall not be in the employment of or be pecuniarily or otherwise interested in any employer or organization of employees. Vacancies Vacanoies. in the Board shall not impair the powers or affect the duties of the

88 STAT, 1339

Ante, p. 1312. 42 USC 401,

Pub. Law 93-445 - 34 - October 16, 1974 Board or of the remaining members of the Board, of whom a majority of those in office shall constitute a quorum for the transaction of business. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified.

"(b) (1) The Board shall have and exercise all the duties and powers necessary to administer this Act. The Board shall take such steps as may be necessary to enforce such Act and make awards and certify payments. Decisions by the Board upon issues of law and fact relating to annuities or death benefits shall not be subject to review by any other administrative or accounting officer, agent, or employee of the United States. “(2) In the case of

*(A) an individual who will have completed ten years of serv. ice creditable under this Act,

"(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 this Act, and

"(D) any other person entitled to benefits under title II of the Social Security Act on the basis of the wages and self-employ. ment income of such an individual (except a survivor of such an individual where such individual did not have a current connec

tion with the railroad industry at the time of his death), the Board shall provide for the payment on behalf of the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of monthly benefits payable under title II of the Social Security Act which are certified by the Secretary to it for payment under the provisions of title II of the Social Security Act.

"(3) If the Board finds that an applicant is entitled to an annuity or death benefit under the provisions of this Act then the Board shall make an award fixing the amount of the annuity or benefit, as the case may be, and shall certify the payment thereof as hereinafter provided; otherwise the application shall be denied. For purposes of this section, the Board shall have and exercise such of the powers, duties and remedies provided in subsections (a), (b), (d), and (n) of section 12 of the Railroad Unemployment Insurance Act as are not inconsistent with the express provisions of this Act. The Board is authorized to delegate to any member, officer, or employee of the Board any of the powers conferred upon the Board by the Act, excluding only the power to prescribe rules and regulations, including the power to make decisions on applications for annuities or other benefits: Provided, however, That any person aggrieved by a decision on his application for an annuity or other benefit shall have the right to appeal to the Board. Notice of a decision of the Board, or of an employee thereof, shall be communicated to the applicant in writing within thirty days after such decision shall have been made.

"(4) The Board shall from time to time certify to the Secretary of the Treasury the name and address of each individual entitled to receive a payment, the amount of such payment, and the time at which it should be made, and the Secretary of the Treasury through the Division of Disbursements of the Treasury Department, and prior to audit by the General Accounting Office, shall make payment in accordance with the certification by the Board.

“(5) The Board shall establish and promulgate rules and regulations to provide for the adjustment of all controversial matters arising in the administration of this Act. All rules, regulations, or decisions of the Board shall require the approval of at least two members, and they shall be entered upon the records of the Board, which shall be a public record.

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Cctober :5, 1974 - 35 - P:5. La= 93-445

*19) The Board erz: zati.pr. Kopp. Dasar pr . 1.- Rec e ient forro vya mauris and data as 12 v prorary to prot admiration of it. A

::. .:02 of " $ar. to. The Bear : tie ner to the aire after

er: err.pino ar. I ar. pr. "ari, "».. . Of over 40 of * Crtai States to fum.hin .format.on. ar-1 worde & Co ferntary for the air..nistrat.on of the A ina 11!! . na of ti.. seprtion. 'T!* *ifra! :-r!tlarta of the sted States

ar tie District Court of the Inte) Yata for the entrar of (or a shall have jurivi.ton upon suit by the Board to one oted pre to any order of the Board, i paruant to tl. 10 The Order *rits and pror of the D rt Court of th Timistata for the Di-trit of Columbna in vh uits may run and be *naar ree the United States. With sumoned before the Boari anale pa izens ees the same for and mirage that are paid witne r . tre d:- /t 04.18 of the l'nited State. The Beard -hall make an annual report to the Report c President of the United States to be submitted to congres

*17) The Secretary of Health, Education, and Welfare shall furn ch ges. the Board opptifsound reports of wagesplf-empley Tent inrere, and Reports. periods of wervice and of other rerorile in his poission, or wheh he may rure, pertinent to the administrat:on of this Act. The Beari shall furnish the Secretary of Health. Education. ant Welfare pertined reports of records of cominuation and periods of servip reported to it pursuant to pition 9 of this Act, of determinat:ons under sertion ? of this Art, and of other records in its poison, or which it mar

prure, pertinent to subsection (c) of this section or to the aim strtion of the Serial Serurity Art an affected by sertion Ik of this Act. 42 SC 1305. Surh certified reports shall be conclusive in a ljudiration as to the matterm covered therein: Prorided, horrerer. That if the Board or the Secretary of Health, Education, and Welfare receives essence inconsistent with a certified report and the application insosad is still in course of adjudication or otherwise open for such evidence such recertification of such report shall be made ax, in the judgment of the Board or the Secretary of Health, Education, and Welfare, whichever made the original certification, the evidence warrants. Such recertification and any subsequent recertification shall be treated in the same manner and be subject to the same conditions as an original certification.

"(8) Any department or agency of the United States maintaining Mattery very records of military service, at the request of the Board, shall certify loe records, to the Board, with respect to any individual, the number of months ser of military service which such department or agency finds the individual to have had during any period or periods with respect to which the Board's request is made, the date and manner of entry into such military service, and the conditions under which such service was continued. Any department or agency of the l’nited States which is authorized to make awards of pensions, disability compensation, or any other gratuitous benefits or allowances payable, on a periodic basis or otherwise, under any other Act of Congress on the basis of military service, at the request of the Board, shall certify to the Board, with respect to any individual, the calendar months for all or part of which any such pension, compensation, benefit, or allowance is pay. able to, or with respert to, the individual, the amounts of any such pension, compensation, benefit, or allowance, and the military service on which such pension, compensation, benefit, or allowance is based. Any certification made pursuant to the provisions of this subdivision shall be conclusive on the Board : Prorided, horrerer, That if evidence inconsistent with any such certification is submitted, and the claim is in the course of adjudication or is otherwise open for such evidence, the Board shall refer such evidence to the department or agency which

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