
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC228a]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 9--RETIREMENT OF RAILROAD EMPLOYEES
 
             SUBCHAPTER III--RAILROAD RETIREMENT ACT OF 1937
 
Secs. 228a to 228c-1. Omitted


                          Codification

    Sections 228a to 228c-1 were omitted pursuant to the amendment and 
revision of act Aug. 29, 1935, ch. 812, by Pub. L. 93-445, title I, 
Sec. 101, Oct. 16, 1974, 88 Stat. 1305, known as the Railroad Retirement 
Act of 1974.
    Section 228a, act Aug. 29, 1935, ch. 812, Sec. 1, as restated June 
24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 307; amended June 11, 1940, 
ch. 307, Sec. 1, 54 Stat. 264; Aug. 13, 1940, ch. 664, Secs. 1, 3, 54 
Stat. 785, 786; Oct. 10, 1940, ch. 842, Sec. 25, 54 Stat. 1100; Apr. 8, 
1942, ch. 227, Sec. 13, 56 Stat. 209; July 31, 1946, ch. 709, Secs. 1, 
2, 201 to 204, 60 Stat. 722, 725 to 727; Oct. 30, 1951, ch. 632, Sec. 1, 
65 Stat. 683; July 18, 1952, ch. 945, Sec. 6(d)(1), 66 Stat. 777; Aug. 
31, 1954, ch. 1164, pt. I, Sec. 1, 68 Stat. 1038; Sept. 1, 1954, ch. 
1206, title IV, Sec. 401(a), 68 Stat. 1097; Aug. 1, 1956, ch. 836, title 
I, Sec. 120(a), 70 Stat. 836; Aug. 1, 1956, ch. 837, title IV, 
Sec. 408(c), 70 Stat. 877; Aug. 30, 1957, Pub. L. 85-238, Sec. 4(a), 71 
Stat. 520; Aug. 28, 1958, Pub. L. 85-840, title VII, Sec. 703, 72 Stat. 
1056; Sept. 13, 1960, Pub. L. 86-778, title VII, Sec. 708, 74 Stat. 997; 
June 30, 1961, Pub. L. 87-64, title III, Sec. 301, 75 Stat. 142; July 
30, 1965, Pub. L. 89-97, title III, Sec. 326(a), 79 Stat. 400; Sept. 29, 
1965, Pub. L. 89-212, Sec. 2(f), 79 Stat. 860; Oct. 30, 1966, Pub. L. 
89-700, title I, Sec. 101, 80 Stat. 1079; Feb. 15, 1968, Pub. L. 90-257, 
title I, Sec. 101, 82 Stat. 16; Oct. 22, 1968, Pub. L. 90-624, Sec. 2, 
82 Stat. 1316, defined terms for purposes of this subchapter. See 
section 231 of this title.
    Section 228b, act Aug. 29, 1935, ch. 812, Sec. 2, as restated June 
24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 309; amended July 31, 1946, 
ch. 709, Secs. 205, 206, 60 Stat. 727, 728; Oct. 30, 1951, ch. 632, 
Secs. 2, 3, 5, 65 Stat. 683; Aug. 31, 1954, ch. 1164, pt. I, Secs. 2, 3, 
68 Stat. 1038; Sept. 1, 1954, ch. 1206, title IV, Sec. 401(b), 68 Stat. 
1097; Aug. 12, 1955, ch. 869, Sec. 1, 69 Stat. 715; May 19, 1959, Pub. 
L. 86-28, pt. I, Sec. 1, 73 Stat. 25; Sept. 22, 1961, Pub. L. 87-285, 
Secs. 1, 2, 75 Stat. 585; Sept. 29, 1965, Pub. L. 89-212, Sec. 1, 79 
Stat. 858; Oct. 30, 1966, Pub. L. 89-699, title II, Sec. 201(a), 80 
Stat. 1075; Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 102, 80 Stat. 
1079; Feb. 15, 1968; Pub. L. 90-257, title I, Secs. 102, 103, 82 Stat. 
16; Aug. 12, 1970, Pub. L. 91-377, Sec. 2, 84 Stat. 791; July 2, 1971, 
Pub. L. 92-46, Sec. 2, 85 Stat. 101; Oct. 4, 1972, Pub. L. 92-460, 
Sec. 1(b), (c), 86 Stat. 765; July 10, 1973, Pub. L. 93-69, title I, 
Secs. 101, 104(b), (c), 87 Stat. 162, 164, related to eligibility of 
individuals for annuities under this subchapter. See section 231a of 
this title.
    Section 228c, act Aug. 29, 1935, ch. 812, Sec. 3, as restated June 
24, 1937, ch. 382, pt. I, Sec. 1, 50 Stat. 310; amended July 31, 1946, 
ch. 709, Secs. 207-211, 60 Stat. 728, 729; June 23, 1948, ch. 608, 
Sec. 1, 62 Stat. 576; Oct. 30, 1951, ch. 632; Secs. 6-10, 65 Stat. 684; 
June 16, 1954, ch. 300, Sec. 1, 68 Stat. 250; Aug. 31, 1954, ch. 1164, 
pt. I, Secs. 4-7, 68 Stat. 1038, 1039; Aug. 7, 1956, ch. 1022, Sec. 1, 
70 Stat. 1076; Sept. 6, 1958, Pub. L. 85-927, pt. I, Sec. 1, 72 Stat. 
1778; May 19, 1959, Pub. L. 86-28, pt. I, Sec. 2, 73 Stat. 26; Sept. 13, 
1960, Pub. L. 86-778, title II, Sec. 211(o)(1), 74 Stat. 958; Oct. 5, 
1963, Pub. L. 88-133, title I, Secs. 1, 2, 77 Stat. 219; Sept. 29, 1965, 
Pub. L. 89-212, Sec. 3(a), (b), 79 Stat. 860; Oct. 30, 1966, Pub. L. 89-
699, title I, Sec. 1, title II, Sec. 201(b), (c), 80 Stat. 1073, 1075, 
1076; Oct. 30, 1966, Pub. L. 89-700, title I, Sec. 103, title III, 
Sec. 301(i), (iv)(a), 80 Stat. 1080, 1088; Feb. 15, 1968, Pub. L. 90-
257, title I, Sec. 104, 82 Stat. 17; Mar. 17, 1970, Pub. L. 91-215, 
Secs. 1, 2, 84 Stat. 70; Aug. 12, 1970, Pub. L. 91-377, Sec. 1, 84 Stat. 
791, July 2, 1971, Pub. L. 92-46, Sec. 1, 85 Stat. 101; Oct. 4, 1972, 
Pub. L. 92-460, Sec. 1(a), (d), 86 Stat. 765; July 6, 1973, Pub. L. 93-
58, Sec. 1, 87 Stat. 141; July 10, 1973, Pub. L. 93-69, title I, 
Sec. 104(a), 87 Stat. 163; Oct. 16, 1974, Pub. L. 93-445, title VI, 
Sec. 601, 88 Stat. 1360, related to computation of annuities under this 
subchapter. See section 231b of this title.
    Section 228c-1, act Aug. 29, 1935, ch. 812, Sec. 4, as restated June 
24, 1937, ch. 382, pt. I, Sec. 1, as added Oct. 8, 1940, ch. 757, title 
VI, pt. II, Sec. 625, 54 Stat. 1014; amended Apr. 8, 1942, ch. 227, 
Secs. 1-8, 56 Stat. 204-206; July 31, 1946, ch. 709, Sec. 212, 60 Stat. 
729; Oct. 30, 1951, ch. 632, Sec. 4, 65 Stat. 683; Aug. 1, 1956, ch. 
837, title IV, Sec. 408(a), (b), 70 Stat. 876; Oct. 5, 1963, Pub. L. 88-
133, title I, Secs. 3, 4, 77 Stat. 219; Oct. 30, 1966, Pub. L. 89-700, 
title I, Sec. 104, 80 Stat. 1081, related to consideration of time spent 
in military service in computation of annuities. See section 228a of 
this title.


      Annuities, Pensions, and Joint and Survivor Annuity Elections

    Act July 31, 1946, ch. 709, Secs. 404-407, 60 Stat. 742, provided 
that the rights of persons to whom pensions or annuities were awarded 
before July 31, 1946 were to be governed by the applicable provisions of 
law in effect prior to that date, that the election of a joint and 
survivor annuity made before July 31, 1946, by a person to whom the 
annuity accrued before Jan. 1, 1947, was to be given effect as though 
the provisions of law under which the election was made had continued to 
be operative, that death payments under sections 219 and 228e of this 
title, other than survivor annuities pursuant to an election, were to be 
made only with respect to deaths occurring before Jan. 1, 1947, and that 
any person to whom an annuity accrued before Jan. 1, 1947, and who would 
as of the date of the initial accrual have been entitled to an annuity 
in a greater amount by reason of the amendments by act July 31, 1946, 
had such amendments been in effect at the date of initial accrual, was 
to be awarded the annuity in such greater amount without additional 
application therefor.


 Reduction of Annuity Because of Prior Disability Annuity Terminated by 
                                Recovery

    Act July 31, 1946, ch. 709, Sec. 408, 60 Stat. 742, provided that no 
annuities accruing after July 1946 were to be reduced under section 
228b(a)(3) of this title in order to compensate for an annuity 
terminated by recovery from a disability.


        Dual Benefit Provision; Retroactive Payment to Survivors

    Act June 16, 1954, ch. 300, Sec. 2, 68 Stat. 250, provided that in 
the case of a decedent dying before July 1, 1954, so much of any annuity 
or pension payment due such decedent under section 228c(b) of this 
title, was to be paid only to the widow or widower of the decedent, if 
living, or to the child or children of such decedent, in the 
alternative, if living.


                          Percentage Adjustment

    Pub. L. 92-46, Sec. 4, July 2, 1971, 85 Stat. 101, authorized the 
Railroad Retirement Board to make certain adjustments in allowance 
percentages under this subchapter, so that the percentages when applied 
against certain social security benefits, would result in amounts 
comparable to those in effect prior to the changes made by Pub. L. 92-5, 
Mar. 17, 1971, 85 Stat. 5, known as the Social Security Amendments of 
1971.


              Recertifications by Railroad Retirement Board

    Pub. L. 93-69, Sec. 106, July 10, 1973, 87 Stat. 165, provided that 
all recertifications required by reason of the amendments made by 
sections 104 and 105 of Pub. L. 93-69 were to be made by the Board 
without application therefor.
    Pub. L. 92-460, Sec. 3, Oct. 4, 1972, 86 Stat. 766, provided that 
all recertifications required by reason of the amendments made by Pub. 
L. 92-460 were to be made by the Board without application therefor.
    Pub. L. 92-46, Sec. 6, July 2, 1971, 85 Stat. 102, provided that all 
recertifications required by reason of the amendments made by Pub. L. 
92-46 were to be made by the Board without application therefor.
    Pub. L. 91-377, Sec. 4(b)(2), Aug. 12, 1970, 84 Stat. 792, provided 
that all recertifications required by reason of the amendments made by 
Pub. L. 91-377 to sections 228b, 228c, 228e, and 228o of this title were 
to be made by the Board without application therefor.
    Pub. L. 90-257, Sec. 108(c), Feb. 15, 1968, 82 Stat. 23, provided 
that all recertifications required by reason of the amendments made by 
Pub. L. 90-257 to sections 228a, 228b, 228c, 228e, and 228j of this 
title were to be made by the Board without application therefor.
    Pub. L. 89-699, Sec. 202(b), Oct. 30, 1966, 80 Stat. 1077, provided 
that all recertifications required by reason of the amendments made by 
Pub. L. 89-699 were to be made by the Board without application 
therefor.
    Pub. L. 86-28, Sec. 6(b), Mar. 19, 1959, 73 Stat. 28, provided that 
all recertifications required by reason of the amendments made by Pub. 
L. 86-28 to sections 228b, 228c, 228e, 228s-1 and the enactment of 
section 228z-1 of this title were to be made by the Board without 
application therefor.
    Act Oct. 30, 1951, ch. 632, Sec. 25(j), 65 Stat. 691, provided that 
all recertifications by the Board under act Oct. 30, 1951 were to be 
made without applications therefor unless required by reason of section 
9 of act Oct. 30, 1951, in which case, recertifications were to be made 
only upon application therefor in such manner and form as the Board was 
to prescribe.
    Act June 23, 1948, ch. 608, Sec. 3, 62 Stat. 577, provided in part 
that all recertifications required by reason of act June 23, 1948 were 
to be made by the Board without application therefor.


Restrictions on Establishment of New Annuities and Use of Certain Labor 
                                 Tactics

    Pub. L. 91-215, Sec. 7, Mar. 17, 1970, 84 Stat. 72, placed certain 
limitations on the utilization of particular procedures established 
under the Railway Labor Act, section 151 et seq. of this title, when 
alterations in the provisions of this subchapter regarding certain 
annuity payments were being sought and placed similar limitations on the 
use of strikes and lockouts as labor practices when such changes were 
being sought.
