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(iii) before August 29, 1935, he did not retire and was not retired or discharged from the service of the last employer by whom he was employed or its corporate or operating successor, but (A) solely by reason of his physical or mental disability he ceased before August 29, 1935, to be in the service of such employer and therefore remained continuously disabled until he attained age sixty-five or until August 1945, or (B) solely for such last stated reason an employer by whom he was employed before August 29, 1935, or an employer who is its successor did not on or after August 29, 1935, and before August 1945 call him to return to service, or (C) if he was so called he was solely for such reason unable to render service in siæ calendar months as provided in paragraph (ii); or

(iv) he was on August 29, 1935, absent from the service of an employer by reason of a discharge which, within one year after the effective date thereof, was protested, to an appropriate labor representative or to the employer, as wrongful, and which was followed within ten years of the effective date thereof by his reinstatement in good faith to his former service with all his

seniority rights. (2) Notwithstanding the provisions of subdivision (1) of this subsection, an individual shall not be deemed to have been in the employment relation to an employer on August 29, 1935, if before that date he was granted a pension or gratuity on the basis of which a pension was awarded to him pursuant to section 6 of the Railroad Retirement Act of 1937, or if during the last payroll period before August 29, 1935, in which he rendered serrice to an employer he was not in the service of an employer, in accordance with subsection (d), with respect to any service in such payroll period, or if he could have been in the employment relation to an employer only by reason of his haring been, either before or after August 29, 1935, in the service of a local lodge or dirision defined as an employer in subsection (a).

(f)(1) The term "years of serrire" shall mean the number of years an individual as an emplouee shall hare rendered serrice to one or more employers for compensation or received renumeration for time lost. and shall be computed in accordance with the provisions of section 3(i). Trrelve calendar months, consecutire or otherwise, in each of which an employee has rendered such serrice or received such vages for time lost, shall constitute a vear of service. I'ltimate fractions shall be taken at their actual ralue, ercept that if the indiridual will have had not than one hundred turenty-six months of service, an ultimate fraction of six months or more shall be taken as one year.

(2) Where serrice prior to August 29, 1935, may be included in the com pitation of wears of servire as provided in subdivision (3) of section 3(i), it may be included as to

(i) xerrice rendered to a person which was an employer on Aumist 29, 1935, irrespective of whether such person was an emplover at the time such service was rendered;

(ii) service rendered to any express company, sleeping-car company, or carrier bu railroad which was a predecessor of a com pany which, on August 29, 1935, was an employer as defined in paragraph (i) of subsection (a) (1), irrespective of whether 145

such predecessor was an employer at the time such scrrice was rendered; and

(ii) serrice rendered to a person not an employer in the performance of operations inrolring the use of standard railroad equipment is such operations irere performed by an employer on

August 29, 1935. (9)(i) For purposes of section 3(i)(2) of this Act, an individual shall be deemed to have been in "military serrice" chen commissioned or enrolled in the active serrice of the land or naral forces of the l'nited States and until resignation or discharge therefrom; and the Berrice of any indiridual in any reserre component of the land or naval forces of the lnited States, ichile serving in the land or naval forces of the lnited States for any period, even though less than thirty days, shall be deemed to have been active serrice in such force during such period.

(2) For purposes of section 3(i)(?) of this Act, a "rar service period" shall mean (A) any war period, or (B) with respect to any particular individual, any period during which such indiridual (i) haring been in military service at the end of a var period, was required to continue in military service, or (i) was required by call of the President, or by any Act of Congress or regulation, order, or proclamation pursuant thereto, to enter and continue in military service, or (C) any period after September 7, 1939, with respect to which a state of national emergency was duly declared to exist which requires a strengthening of the national defense.

(3) For purposes of section 3(i) (2) of this Act, a "rar periodshall be deemed to hare begum on whichever of the following dates is the earliest: (A) the date on which the Congress of the lnited States declared var; or (B) the date as of which the Congress of the United States declared that a state of war has existed; or (C) the date on orhich war was declared by one or more foreign states against the I'nited States; or (D) the date on which any part of the Uniteal States or my territory under its jurisdiction was invaded or attacked by any armed force of one or more foreign states; or (E) the date on which the l'nited States engaged in armed hostilities for the purpose of prexerring the l'nion or of maintaining in any State of the Union a republican form of government.

(6) For purposes of section }(i)(?) of this Art, a *irur period" shall be deemed to have ended on the date on which hostilities ceased.

(h) (1) T'he term "compensation" means any form of money remuneration paid to an individual for serrices rendered as an employee to one or more employers, or as an employee representatire, including mmuneration paid for time lost (18 an employee, but remuneration paid for time lost shall be deemed carned in the month in which such time is loxt. id payment made by an employer to an individual through the employer's payroll shall be presumeil, in the absence of pridence to the contrary, to be compensation for serrice rendered by such indiritual as an employee of the employer in the period with respect to

rhich the payment is made. ('ompensation earned in any calendar month before 1947 shall be deemed paid in such month regardless of iphether orichen payment orill hare bpopo in fourt made, and compensoition carned in any calendar year after 1946 but paid after the end of 146

such calendar year shall be deemed to be compensation paid in the calendar year in which it will have been earned if it is so reported by the employer before February 1 of the next succeeding calendar year or if the employee establishes, subject to the provisions of section 9, the period during which such compensation will hare been earned.

(2) An employee shall be deemed to be paid "for time lost" the amount he is paid by an employer with respect to an identifiable period of absence from the active serrice of the employer, including absence on account of personal injury, and the amount he is paid by the employer for loss of earnings resulting from his displacement to a less remunerative position or occupation. If a payment is made by an employer with respect to a personal injury and includes pay for time lost, the total payment shall be deemed to be paid for time lost unless, at the time of payment, a part of such payment is specifically apportioned to factor's other than time lost, in which event only such part of the payment as is not so apportioned shall be deemed to be paid for time lost.

(3) Solely for purposes of determining amounts to be included in the compensation of an employee, the term "compensation" shall also include cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is less than $20.

(4) Tips included as compensation by reason of the provisions of subdivision (3) shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 605.3(a) of the Internal Revenue Code of 1954 or, if no statement including such tips is so furnished, at the time received. Tips 80 deemed to be paid in any month shall be deemed paid for services rendered in such month.

(5) In determining compensation, there shall be attributable as compensation paid to an employee in calendar months in which he is in military service creditable under section 3(2)(2), in addition to any other compensation paid to him with respect to such months.

(i) for each such calendar month prior to 1968, $160;

(ii) for each such calendar month after 1967 and prior to 1975, $260, and

(*) for each such calendar month after 1974, the amount which is crealitable as such individual's "wages" under the third para

graph of section 209 of the Social Security Act. (6) Votwithstanding the provisions of the preceding subdivisions of this subsection, the term "compensation" shall not include

(i) tips, except as is provided under subdivision (3) of this subsection;

(ii) the voluntary payment by an employer, without deduction from the remuneration of the employee, of any tax now or hereafter imposed with respect to the compensation of such employee;

(iii) remuneration for service which is performed by a nonresident alien individual for the period he is temporarily present in the l'nited States (is a nonimmigrant under sub paragraph (F) or (J) of section 101(a) (15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose specified in subparagraph (F) or (J), as the case may be;

[graphic]

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(ir) remuneration earned in the service of a local lodge or dirision of a railray-labor-organization employer with respect to any calendar month in which the amount of such remuneration is less than $25; and

(v) remuneration for service as a delegate to a national or international convention of a railway-labor-organization employer if the individual rendering such service has not previously rendered serrice, other than as such a delegate, which may be

included in his "years of service". (i) The term Board" means the Railroad Retirement Board.

() The term "company" includes corporations, associations, and joint-stock companies.

(k) The term "employee" includes an officer of an employer.

(?) The term person" means an individual, a partnership, an association, a joint-stock company, a corporation, or the l'nited States or any other gorernmental body.

(m) The term "I'nited States," when used in a geographical sense, means the States and the District of C'olumbia.

(n) The term Social Security Act" means the Social Security Act as amended from time to time.

(0) An individual shall be deemed to have a current connection urith the railroad industry" at the time an annuity begins to accrue to him and at death if, in any thirty consecutive calendar months before the month in which an annuity under this Act begins to accrue to him, or the month in which he dies if that first occurs, he will have been in serrice as an employee in not less than tuelle calender months and, if such thirty calendar months do not immediately precede such month, he will not have been engaged in any regular employment other than employment for an employer or employment with the Department of Transportation, the Interstate Commerce C'ommission, the National Mediation Board, or the Railroad Retirement Board in the period before such month and after the end of such thirty months. For the purposes of section 2(d) only, an individual shall be deemed also to hare a current connection with the railroad industry" if he will have completed ten years of service and (1) he would be neither fully nor currently insured under the Social Security Act if his serrice as an (mployee after December 31, 19.36, were included in the term "employme nt" as defined in that Act, or (B) he has no quarters of concrage under the Social Security Act.

(p) The term "muity" means in monthly xum inhich is payable on the first day of each calendar month for the accrual during the precuding calendar month.

(9) The terms "quarter" comel calendar quarte,xhull mean i period of three calendar months onling on Varch 31, June 30, September 30, or December 31.

(r) For purposes of this Act, a person shall be considered to be permanently insured under the Social Security Art of Lerember.1. 1974. if he or she roull be fully insured irithin the meaning of sertion 11 (a) of that Act when he or she attains go 6.2 solely on the basis of his or her quarters of coverage under that dot acquired prior to January 1,

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ANNUITY ELIGIBILITY REQUIREMENTS Sec. 2. (a)(1) The following-described individuals, if they shall hare completed ten years of service and shall hare filed application for annuities, shall, subject to the conditions set forth in subsections (e), (f), and (h), be entitled to annuities in the amounts provided under section 3 of this Act

(i) individuals who have attained the age of sixty-five;

(ii) individuals who have attained the age of sixty-tuco and completed thirty years of serrices;

(ii) individuals who hare attained the age of sixty-two and have completed less than thirty years of service, but the annuity of such indiriduals shall be reduced by 1150 for cach calendar month that he or she is under age sixty-five when the annuity begins to accrue;

(ir) individuals who have a current connection with the railroad industry, whose permanent physical or mental condition is such as to be disabling for work in their regular occupation, and who (A) have completed twenty years of service or (B) have at. tained the age of sixty; and

(v) individuals whose permanent physical or mental condition is such that they are unable to engage in any regular employment. (2) For the purposes of paragraph (ir) of subdivision (1), the Board, with the cooperation of employers and employees, shall secure the establishment of standards determining the physical and mental conditions which permanently disqualify employees for work in the several occupations in the railroad industry, and the Board, employers, and rmployees shall cooperate in the promotion of the greatest practicable degree of uniformity in the standards applied by the sereial employers. An individual's condition shall be deemed to be disabling for work in his regular occupation if he will hare been disqualified by his employer for serrice in his regular occupation in accordance with the applicable standards so established: if the employee will not hare been so disqualificd by his employer, the Board shall determine whether his condition is disabling for work in his regular occupation in accordance with the standards generally established; and, if the employee's regular occupation is not one with respect to which standards will have been establisherl, the standards relating to a reasonably comparable occupation shall be used. If there is no such comparable occupation, the Board shall determine whether the employee's condition is disabling for work in his regular occupation by determining whether under the practices generally prorailing in industrice in irhich such occupation erists such condition is a permanent disqualification for work in such occupation. For purposes of this subdivision and paragraph (ir) of subdivision (1). an employee's "regular occupation" shall be deemed to be the occupation in irhich he will hare been engaged in more calendar months than the calendar months in rhich he will have been engaged in my other occupation during the last preceding five calendar years, whether or not consecutire, in each of which years he will hanre earned wages or salary, except that, if im employee establishes that during the last fifteen consecutire calendar years he will hare buon engaged in another occupation in one

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