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Pub. Law 93-445 - 46. October 16, 1974

“(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) completed ten years of service, and (B) in the case of a survivor, had a current connection with the railroad industry at the time of his death.

"(3) If the Social Security Act is amended after Deceinber 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(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 pay. able 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 subsection (a), (b), or (c).

"SEPARABILITY “Sec. 20. If any provision of this Act, or the application thereof to any person or circumstance, should be held invalid, the remainder of such" Act, or the application of such provision to other persons or circumstances, shall not be affected thereby.

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"SHORT TITLE

Railroad Re-
tirement Ag
of 1974.
45 USC 231t.

"Sec. 21. This Act may be cited as the 'Railroad Retirement Act of 1974'."

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TITLE II— TRANSITIONAL PROVISIONS Sec. 201. The claims of individuals who, prior to the effective date of title I of this Act, became eligible for annuities, supplementai annuities, or death benefits under section 2, 3(1), or 5 of the Railroad Retirement Act of 1937 shall be adjudicated by the Board under that Act in the same manner and with the same effect as if title I of this Act had not been enacted: Provided, however, That no annuity, supplemental annuity, or death benefit shall be awarded under the Railroad Retirement Act of 1937 on the basis of an application therefor filed with the Board on or after the effective date of title I of this Act: Provided further, That no annuity under the Railroad Retirement Act of 1935, no annuity or supplemental annuity under the Railroad Retirement Act of 1937, and no pension under section 6 of the Railroad Retirement Act of 1937 shall be payable for any month after December 31, 1974.

45 ISC 215 note.

45 USC 215 note. 45 USC 228r.

Act.

October 16, 1974 - 47. Pub. Law 93-445

88 STAT. 1352 Sec. 202. (a) Every individual who would have been entitled to 45 USC 221 an annuity under the Railroad Retirement Act of 1935 for the month note. of January 1975, if this Act had not been enacted, shall be entitled to 45 C 215 an annuity under paragraph (i) of section 2(a)(1) of the Railroad note. Retirement Act of 1974, beginning January 1, 1975, in an amount Ante, p. 13:2. determined under the provisions of section 3(a) of such Act, which Ante, p. 1319. amount shall initially be equal to the amount determined under clause (i) of section 3(a) (6) of the Railroad Retirement Act of 1937 for -45 USC 2286. the purpose of computing the last increase in such individual's annuity under the Railroad Retirement Act of 1935 pursuant to the provisions of section 105 of Public Law 93–69, less the amount of any 45 USC 2257 monthly insurance benefit to which such individual is actually entitled note. (before any deductions on account of work) under the Social Security

• 42 USC 1305. (b) The amount of the annuity of an individual under subsection (a) of this section shall be increased by an amount, if any, equal to the amount by which (i) his annuity under the Railroad Retirement Act of 1935 for the month of December 1974 exceeds (ii) his annuity under subsection (a) of this section for the month of January 1975.

Sec. 203. (a) Every individual who would have been entitled to Pensions. a pension under section 6 of the Railroad Retirement Act of 1937 for 45 tesc 231 the month of January 1975, if this Act had not been enacted, shall note. be entitled to an annuity under paragraph (i) of section 2(a)(1) of 45 USC 228r. the Railroad Retirement Act of 1974 in an amount determined under the provisions of section 3(a) of such Act, which amount shall initially be equal to the amount determined under clause (i) of section 3(a) (6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in such individual's pension under section 6 of the Railroad Retirement Act of 1937 pursuant to the provisions of section 105 of Public Law 93-69, less the amount of any monthly insurance benefit to which such individual is actually entitled (before any deduc. tions on account of work) under the Social Security Act.

(b) The amount of the annuity of an individual under subsection (a) of this section shall be increased by an amount, if any, equal to the amount by which (i) his pension under section 6 of the Railroad Retirement Act of 1937 for the month of December 1974 exceeds (ii) his annuity under subsection (a) of this section for the month of January 1975.

(c) The annuities of each individual under the preceding subsections of this section shall be paid on January 1, 1975, and on the first day of each calendar month thereafter during his life.

Sec. 204. (a) Every individual who was entitled to an annuity 45 USC 231 under section 2(a)1, 2(a)2, 2(a)3, 2(a)4, or 2(a) 5 of the Railroad note. Retirement Act of 1937 for the month of December 1974, or who 45 USC 228 b. would have been entitled to such an annuity for such month except for the provisions of section 2(d) of such Act, and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under paragraph (i), (ii), (iii), (iv), or (v), respectively, of section 2(a)(1) of the Railroad Retirement Act of 1974, beginning January 1, 1975: Prorided, horrerer, That if an individual who was entitled to an annuity under section 2(a) 4 or 2(a) 3 of the Railroad Retirement Act of 1971 is age 65 or older, on January 1, 1975, such individual shall be entitled to an annuity under paragraph (i) of section 2(a) (1) of the Railroad Retirement Act of 1974. For purposes of this subsection

(1) that portion of the individual's annuity as is provided under section 3(a) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to the amount determined under clause (i) of section 3(a) (6) of the Railroad Retirement Act of

Pub, Law 93-445

48 - October 16, 1974 88 STAT. 1353 45 USC 2280. 1937 for the purpose of computing the last increase in the amount

of such individual's annuity as computed under the provisions of section 3(a), and that part of section 3(e) which preceded the first proviso, of the Railroad Retirement Act of 1937, less the amount of any monthly insurance benefit to which such individual

is actually entitled (before any deductions on account of work) 42 USC 1305, under the Social Security Act;

(2) that portion of the individual's annuity as is provided Ante, p. 1319, under section 3(b)(1) of the Railroad Retirement Act of 1974

shall be in an amount, if any, equal to the amount by which (A)

his annuity under section 2(a) of the Railroad Retirement Act of 45 USC 228b. 1937 for the month of December 1974 (before any reduction on

account of age and without regard to section 2(d) of such Act) exceeds (B)(i), if such individual is entitled to an annuity amount provided under paragraph (3) of this subsection, the amount of the annuity which would have been provided such individual under paragraph (1) of this subsection (before any reduction due to such individual's entitlement to a monthly insurance benefit under the Social Security Act) for the month of January 1975 if he had no wages or self-employment income under the Social Se

curity Act other than wages derived from service as an employee Ante, p. 1305. under the Railroad Retirement Act of 1974 after December 31,

1936, and before January 1, 1975, or (ii), if such individual is not entitled to an annuity amount provided under paragraph (3) of this subsection, the amount of his annuity provided under paragraph (1) of this subsection (before any reduction due to such individual's entitlement to a monthly insurance benefit under the Social Security Act) for the month of January 1975: Prorided,

horrerer, That if the annuity of any individual under the Railroad 45 ISC 215 Retirement Act of 1937 for the month of December 1974 was note.

computed under the first proviso of section 3(e) of such Act, the annuity of such individual for purposes of clause (1) of this paragraph shall be the annuity which such individual would have received under such Act for the month of December 1974, if no other person had been included in the computation of the annuity

of such individual; and oldwage or

(3) if the individual was entitled to an old-age insurance di ability benefit or a disability insurance benefit under the Social Security insurance

Act on December 31, 1974, or was fully insured under that Act benefits.

on that date, the annuity amounts provided under paragraphs (1) and (2) of this subsection shall be increased by an amount determined under the provisions of sertion 3(h)(i) of the Railroad Retirement Act of 1974: Prorided, howerer, That, if the individual was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act on December 31, 1974, such amount shall not be less nor more than an amount which would cause the total of the annuity amounts provided the individual by the provisions of this subsection for the month of January 1975 to equal the total of the annuity under the Railroad Retirement Act of 1937 (prior to any reduction on account of age and without regard to section 2(d) of that Act) plus the old-age or disability insurance benefit under the Social Security Act (before any reduction on account of age and deductions on account of work) which such individual would have received for such month if this Act had not been enacted.

(4) if the individual was entitled to a wife's, husband's, widow's, or widower's insurance benefit under the Social Security Act on December 31, 1974, or is the wife, husband, widow, or widower of a person who was fully insured under that Act on

October 16, 1974 - 49. Pub. Law 93-445

__ 88 STAT. 1354 that date, the annuity amounts provided under paragraphs (1) and (2) of this subsection shall be increased by an amount determined under the provisions of section 3(h) (3) of the Railroad Retirement Act of 1974.

Ante, p. 1319. (b) An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937, but who could not have become 45 USC 2280. eligible for an annuity under paragraph 2 of such section, shall not be eligible for an annuity under paragraph (ii) of section 2(a) (1) of the Railroad Retirement Act of 1974.

Ante, p. 13:2. Sec. 205. (a) Every individual who was entitled to a supplemental Supplementa: annuity under section 3() of the Railroad Retirement Act of 1937 for anmuity, ellthe month of December 1974, or who would have been entitled to such gibility. a supplemental annuity for such month except for the provisions of 45 USC 231 section 2(d) of such Act, and who would have been entitled to such note: a supplemental annuity for the month of January 1975, if this Act had

January 1975. if this Acthod 45 USC 228.. not been enacted, shall be entitled to a supplemental annuity under section 2(b) (1) of the Railroad Retirement Act of 1974, beginning January 1, 1975, in an amount, the provisions of section 3(e) of such Act not withstanding, equal to the amount of the supplemental annuity to which such individual was entitled under section 3(j) of the Railroad Retirement Act of 1937 for the month of December 1974, or to which such individual would have been entitled for such month under such section 3() except for the provisions of section 2(d) of such Act.

(b) An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937, but who could not have become eligible for a supplemental annuity under section 3() of such Act if this Act had not been enacted, shall not be eligible for a supplemental annuity under section 2(b) of the Railroad Retirement Act of 1974.

Sec. 206. Every spouse who was entitled to an annuity under section Spouse's 2(e) or 2(h) of the Railroad Retirement Act of 1937 for the month nuity. of December 1974, or who would have been entitled to such an annuity 45 USC 231 for such month except for the provisions of section 2(d) of such Act, note. and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under section 2(c) of the Railroad Retirement Act of 1974, beginning January 1, 1975. For purposes of this section

(1) that portion of the spouse's annuity as is provided under section 4(a) of the Railroad Retirement Act of 1974 shall initially Ante, p. 1327. be in an amount equal to the amount determined under clause (i) of section 3(a) (6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in the amount of such spouse's annuity as computed under the provisions of section 2 of the Railroad Retirement Act of 1937, less the amount of any wife's insurance benefit or husband's insurance benefit to which such spouse is actually entitled (before any deductions on account of work) under the Social Security Act on the basis of such individual's wages and self-employment income: Provided, houever, That the amount of such annuity shall be subject to reduction in accordance with the provisions of section 202(k) or 202 (9) of the Social Security Act, other than a reduction on account of age, in the same manner as any wife's insurance benefit or husband's insurance benefit payable under section 202 of the Social Security Act and shall also be subject to reduction in accordance with the provisions of section 4 (i) (2) of the Railroad Retirement Act of 1974;

(2) that portion of the spouse's annuity as is provided under section 4(b) of the Railroad Retirement Act of 1974 shall be in an amount, if any, equal to 50 per centum of the individual's annuity as computed in accordance with the provisions of para

Pub. Law 93-445 - 50 - October 16, 1974 88 STAT. 1355

graph (2) of section 204(a) of this title: Provided, howerer, That, in case of a spouse who is not entitled to an annuity amount pro vided under paragraph (3) of this section, if (A) the amounts of the annuity provided a spouse for the month of January 1975 by the provisions of paragraph (1) (before any reduction due to such

spouse's entitlement to a wife's or husband's insurance benefit 42 USC 1305, under the Social Security Act) and the preceding provisions of

this paragraph exceed (B) the amount of the annuity to which such spouse was entitled (before any reduction on account of age)

for the month of December 1974 under section 2(e) or 2(h) of the 45 USC 228b. Railroad Retirement Act of 1937 (deeming, for this purpose, any

increase in the amount of such annuity which, had this Act not been enacted, would have become effective January 1, 1975, by reason of an increase in the maximum amount payable as a wife's insurance benefit under the Social Security Act to have been effective for the month of December 1974), or to which such spouse would have been entitled for such month under such section 2(e) or 2(h) except for the provisions of section 2(d) of such Act, the amount of the annuity provided such spouse for the month of January 1975 by the preceding provisions of this paragraph shall be reduced until the total of the amounts described in clause (A) of this proviso equals the amount described in clause (B): Prorided further, That, if the amount of the annuity of the spouse provided by paragraph (1) of this section is reduced by reason

of the provisions of section 4(1)(2) of the Railroad Retirement Ante, p. 1327.

Act of 1974, the amount of the annuity provided such spouse by the preceding provisions of this paragraph shall not be less than an amount which would cause the total of the annuity amounts provided such spouse under paragraph (1) (before any reduction

pursuant to the provisions of section 202(k) or 202(q) of the 42 USC 402. Social Security Act and before any reduction due to such spouse's

entitlement to a wife's or husband's insurance benefit under the Social Security Act) and paragraph (2) of this section for the month of January 1975 to equal the amount of the annuity (before any reduction on account of age) which such spouse would have received for such month under section 2(e) or 2(h) of the Railroad Retirement Act of 1937 (without regard to the provisions of section 2(d) of that Act) if this Act had not been enacted; and

(3) if the sponse was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act of December 31, 1974, or was fully insured under that Act on that date, or was entitled to a wife's or a husband's insurance benefit under that Act on that date, the annuity amounts provided under paragraphs (1) and (2) of this section shall be increased by an amount determined under the provisions of section 4(e) (1), or, if the spouse was entitled only to a wife's or husband's insurance benefit, 4(e) (3) of the Railroad Retirement Act of 1974: Provided, horrever, That, if the spouse was entitled to a monthly insurance benefit under the Social Security Act of December 31, 1974, such amount shall not be less nor more than an amount which would cause (A) the total of (i) the annuity amounts provided the spouse by the provisions of this section for the month of January 1975 plus (ii) the monthly insurance benefit to which such spouse is entitled for that month under the Social Security Act (before any reductions on account of age and deduc.

tions on account of work) to equal (B) the total of (i) the 45 USC 215 spouse's annuity under the Railroad Retirement Act of 1937 note.

(prior to any reduction on account of age and without regard to

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