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1 ployee who (A) will have completed less than ten years 2 of service or (B) will have completed ten or more years of 3 service but will not have had a current connection with the 4 railroad industry at the time of his death, and for the pur5 poses of section 203 of that Act, section 210 (a) (9) of the 6 Social Security Act and subdivision (1) of this subsection 7 shall not operate to exclude from 'employment' under the 8 Social Security Act service which would otherwise be in9 cluded in such 'employment' but for such sections. For such 10 purpose, compensation paid in a calendar year shall, in the 11 absence of evidence to the contrary, be presumed to have 12 been paid in equal proportions with respect to all months in 13 the year in which the employee will have been in service as an employee. In the application of the Social Security Act 15 pursuant to this subdivision to service as an employee, all 16 service as defined in section 1 (d) of this Act shall be 17 deemed to have been performed within the United States. "AUTOMATIC BENEFIT ELIGIBILITY REQUIREMENT

14

18

19

20

ADJUSTMENTS

"SEC. 19. (a) If title II of the Social Security Act is 21 amended at any time after December 31, 1974, to reduce 22 the eligibility requirements for old-age insurance benefits, 23 disability insurance benefits, wife's insurance benefits pay24 able to a wife, husband's insurance benefits, child's insurance 25 benefits payable to a child of a deceased individual, widow's

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1 insurance benefits payable to a widow, widower's insur2 ance benefits, mother's insurance benefits payable to a 3 widow, or parent's insurance benefits, such reduced eligi4 bility requirements shall be applicable, in accordance with 5 regulations prescribed by the Board, to individuals, spouses, 6 or survivors, as the case may be, under section 2 of this 7 Act to the extent that such reduced eligibility requirements 8 would provide such individuals, spouses, or survivors with 9 entitlement to annuities under such section 2 to which they 10 would not be entitled except for such reduced eligibility 11 requirements: Provided, however, That no annuity shall be 12 paid to any person pursuant to the provisions of this sub13 section if that person does not satisfy an eligibility require14 ment imposed by section 2 of this Act of a kind not imposed 15 by the Social Security Act on December 31, 1974, or an 16 eligibility requirement imposed by section 2 of this Act of a kind which was imposed by the Social Security Act on 18 December 31, 1974, but which was not reduced by the 19 amendment to that Act: Provided further, That the annuity 20 amounts to which such individuals, spouses, or survivors 21 will be entitled under this Act by reason of the provisions 22 of this subsection shall be only such amounts as are deter23 mined under the provisions of section 3 (a), 4 (a), or 4 (f), 24 respectively, of this Act.

17

"(b) If title II of the Social Security Act is amended

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1 at any time after December 31, 1974, to provide monthly 2 insurance benefits under that Act to a class of beneficiaries 3 not entitled to such benefits thereunder prior to January 1, 4 1975, every person who is a member of such class of bene5 ficiaries shall be entitled to annuities under section 2 of 6 this Act, in accordance with regulations prescribed by the 7 Board, in an amount equal to the amount of the monthly 8 insurance benefit to which such person would have been 9 entitled under the Social Security Act if service as an 10 employee after December 31, 1936, had been included in 11 the term 'employment' as defined in that Act.

12

"(c) If section 226 or title XVIII of the Social Security 13 Act is amended at any time after December 31, 1974, to 14 reduce the conditions of entitlement to, or to expand the 15 nature of, the benefits payable thereunder, or if health care 16 benefits in addition to, or in lieu of, the benefits payable under 17 such section 226 or such title XVIII are provided by any 18 provision of law which becomes effective at any time after 19 December 31, 1974, such reductions in the conditions of 20 entitlement to benefits, such expanded benefits, or such addi21 tional, or substituted, health care benefits shall be available 22 to every employee (as defined in this Act), and those deriv23 ing from him, in the same manner, and to the same extent, as 24 if his service as an employee after December 31, 1936, had 25 been included in the term 'employment' as defined in the

1 Social Security Act. The Board shall have the same author2 ity, in accordance with regulations prescribed by it, to de3 termine the rights of employees who will have completed ten 4 years of service, and of those deriving from such employees, 5 to benefits provided by reason of the provisions of this sub6 section as the Secretary of Health, Education, and Welfare 7 has with respect to individuals insured under the Social Se8 curity Act.

9

"(d) Notwithstanding the provisions of subsections

10 (a), (b), and (c) of this section

"(1) No annuity or other benefit shall be payable to any person on the basis of the compensation and years of service of an individual by reason of the provisions of subsection (a), (b), or (c) of this section if, and to

the extent that, such annuity or other benefit would

duplicate a benefit payable to such person on the basis

of such compensation and years of service under a provision of the Social Security Act, or any other Act of

Congress, which becomes effective after December 31, 1974.

"(2) No annuity shall be payable to a person by reason of subsection (a) or (b) of this section unless the individual upon whose compensation and years of service such annuity would be based will have (A) com

pleted ten years of service, and (B) in the case of a

21

22

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survivor, had a current connection with the railroad industry at the time of his death.

"(3) If the Social Security Act is amended after December 31, 1974, to remove any, or all, restriction on the receipt of more than one monthly insurance benefit thereunder, annuity amounts provided a person under section 3 (h), 4 (e), or 4 (h) of this Act, or under section 204 (a) (3), 204 (a) (4), 206 (a) (3), or 207 (3) of title II of this Act, shall be reduced (but not below zero) by the amount of any annuity provided such person under this Act by reason of such amendment.

"(4) If and to the extent that an annuity or other benefit payable to a person by reason of the provisions of subsection (a), (b), or (c) of this section duplicates

an annuity or other benefit then payable to such person under other provisions of this Act, such annuity or other benefit then payable under other provisions of this Act shall be reduced (but not below zero) by the amount of the annuity or other benefit payable by reason of sub

section (a), (b), or (c).

"SEPARABILITY

"SEC. 20. If any provision of this Act, or the application

23 thereof to any person or circumstance, should be held invalid, 24 the remainder of such Act, or the application of such provi