
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC231]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 9--RETIREMENT OF RAILROAD EMPLOYEES
 
             SUBCHAPTER IV--RAILROAD RETIREMENT ACT OF 1974
 
Sec. 231. Definitions

    For the purposes of this subchapter--
    (a)(1) The term ``employer'' shall include--
        (i) any carrier by railroad subject to the jurisdiction of the 
    Surface Transportation Board under part A of subtitle IV of title 
    49;
        (ii) any company which is directly or indirectly owned or 
    controlled by, or under common control with, one or more employers 
    as defined in paragraph (i) of this subdivision, and which operates 
    any equipment or facility or performs any service (except trucking 
    service, casual service, and the casual operation of equipment or 
    facilities) in connection with the transportation of passengers or 
    property by railroad, or the receipt, delivery, elevation, transfer 
    in transit, refrigeration or icing, storage, or handling of property 
    transported by railroad;
        (iii) any receiver, trustee, or other individual or body, 
    judicial or otherwise, when in the possession of the property or 
    operating all or any part of the business of any employer as defined 
    in paragraph (i) or (ii) of this subdivision;
        (iv) any railroad association, traffic association tariff 
    bureau, demurrage bureau, weighing and inspection bureau, collection 
    agency and any other association, bureau, agency, or organization 
    which is controlled and maintained wholly or principally by two or 
    more employers as defined in paragraph (i), (ii), or (iii) of this 
    subdivision and which is engaged in the performance of services in 
    connection with or incidental to railroad transportation; and
        (v) any railway labor organization, national in scope, which has 
    been or may be organized in accordance with the provisions of the 
    Railway Labor Act, as amended [45 U.S.C. 151 et seq.], and its State 
    and National legislative committees, general committees, insurance 
    departments, and local lodges and divisions, established pursuant to 
    the constitution or bylaws of such organization.

    (2) Notwithstanding the provisions of subdivision (1) of this 
subsection, the term ``employer'' shall not include--
        (i) any company by reason of its being engaged in the mining of 
    coal, the supplying of coal to an employer where delivery is not 
    beyond the mine tipple, and the operation of equipment or facilities 
    therefor, or in any of such activities, and
        (ii) any street, interurban, or suburban electric railway, 
    unless such railway is operating as a part of a general diesel-
    railroad system of transportation, but shall not exclude any part of 
    the general diesel-railroad system of transportation now or 
    hereafter operated by any other motive power. The Surface 
    Transportation Board is hereby authorized and directed upon request 
    of the Railroad Retirement Board, or upon complaint of any party 
    interested, to determine after hearing whether any line operated by 
    electric power falls within the terms of this paragraph.

    (b)(1) The term ``employee'' means (i) any individual in the service 
of one or more employers for compensation, (ii) any individual who is in 
the employment relation to one or more employers, and (iii) an employee 
representative: Provided, however, That the term ``employee'' shall 
include an employee of a local lodge or division defined as an employer 
in subsection (a) of this section only if he was in the service of or in 
the employment relation to an employer as defined in paragraph (i) of 
subsection (a)(1) of this section on or after August 29, 1935.
    (2) The term ``employee'' shall not include any individual while 
such individual is engaged in the physical operations consisting of the 
mining of coal, the preparation of coal, the handling (other than 
movement by rail with standard railroad locomotives) of coal not beyond 
the mine tipple, or the loading of coal at the tipple.
    (c) The term ``employee representative'' means any officer or 
official representative of a railway labor organization other than a 
labor organization included in the term ``employer'' as defined in 
subsection (a) of this section who before or after August 29, 1935, was 
in the service of an employer as defined in subsection (a) of this 
section and who is duly authorized and designated to represent employees 
in accordance with the Railway Labor Act, as amended [45 U.S.C. 151 et 
seq.], and any individual who is regularly assigned to or regularly 
employed by such officer or official representative in connection with 
the duties of his office.
    (d)(1) An individual is in the service of an employer whether his 
service is rendered within or without the United States if--
        (i)(A) he is subject to the continuing authority of the employer 
    to supervise and direct the manner of rendition of his service, or 
    (B) he is rendering professional or technical services and is 
    integrated into the staff of the employer, or (C) he is rendering, 
    on the property used in the employer's operations, personal services 
    the rendition of which is integrated into the employer's operations; 
    and
        (ii) he renders such service for compensation, or a method of 
    computing the monthly compensation for such service is provided in 
    section 231b(j) of this title.

    (2) Notwithstanding the provisions of subdivision (1) of this 
subsection--
        (i) an individual shall be deemed to be in the service of an 
    employer, other than a local lodge or division or a general 
    committee of a railway-labor-organization employer, not conducting 
    the principal part of its business in the United States only when he 
    is rendering service to it in the United States;
        (ii) an individual shall be deemed to be in the service of a 
    local lodge or division of a railway-labor-organization employer not 
    conducting the principal part of its business in the United States 
    only if (A) all, or substantially all, the individuals constituting 
    the membership of such local lodge or division are employees of an 
    employer conducting the principal part of its business in the United 
    States; or (B) the headquarters of such local lodge or division is 
    located in the United States; and
        (iii) an individual shall be deemed to be in the service of a 
    general committee of a railway-labor-organization employer not 
    conducting the principal part of its business in the United States 
    only if (A) he is representing a local lodge or division described 
    in clause (A) or (B) of paragraph (ii); or (B) all, or substantially 
    all, the individuals represented by such general committee are 
    employees of an employer conducting the principal part of its 
    business in the United States; or (C) he acts in the capacity of a 
    general chairman or an assistant general chairman of a general 
    committee which represents individuals rendering service in the 
    United States to an employer, but in such case if his office or 
    headquarters is not located in the United States and the individuals 
    represented by such general committee are employees of an employer 
    not conducting the principal part of its business in the United 
    States only such proportion of the remuneration for such service 
    shall be regarded as compensation as the proportion which the 
    mileage in the United States under the jurisdiction of such general 
    committee bears to the total mileage under its jurisdiction, unless 
    such mileage formula is inapplicable, in which case the Board may 
    prescribe such other formula as it finds to be equitable, and if the 
    application of such mileage formula, or such other formula as the 
    Board may prescribe, would result in the compensation of the 
    individual being less than 10 per centum of his remuneration for 
    such service no part of such remuneration shall be regarded as 
    compensation.

    (3) Notwithstanding the provisions of subdivisions (1) and (2) of 
this subsection, an individual not a citizen or resident of the United 
States shall not be deemed to be in the service of an employer when 
rendering service outside the United States to an employer who is 
required under the laws applicable in the place where the service is 
rendered to employ therein, in whole or in part, citizens or residents 
thereof. For purposes of this subdivision, the laws applicable on August 
29, 1935, in the place where the service is rendered shall be deemed to 
have been applicable there at all times prior to that date.
    (e)(1) An individual shall be deemed to have been in the employment 
relation to an employer on August 29, 1935, if--
        (i) he was on that date on leave of absence from his employment, 
    expressly granted to him by the employer by whom he was employed, or 
    by a duly authorized representative of such employer, and the grant 
    of such leave of absence will have been established to the 
    satisfaction of the Board before July 1947;
        (ii) he was in the service of an employer after August 29, 1935, 
    and before January 1946 in each of six calendar months, whether or 
    not consecutive;
        (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 
    thereafter 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 six 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 
    senority \1\ rights.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``seniority''.

    (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 [45 U.S.C. 228f], or if during the last payroll 
period before August 29, 1935, in which he rendered service to an 
employer he was not in the service of an employer, in accordance with 
subsection (d) of this section, 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 having been, either before or after 
August 29, 1935, in the service of a local lodge or division defined as 
an employer in subsection (a) of this section.
    (f)(1) The term ``years of service'' shall mean the number of years 
an individual as an employee shall have rendered service to one or more 
employers for compensation or received remuneration for time lost, and 
shall be computed in accordance with the provisions of section 231b(i) 
of this title. Twelve calendar months, consecutive or otherwise, in each 
of which an employee has rendered such service or received such wages 
for time lost, shall constitute a year of service. Ultimate fractions 
shall be taken at their actual value.
    (2) Where service prior to August 29, 1935, may be included in the 
computation of years of service as provided in subdivision (3) of 
section 231b(i) of this title, it may be included as to--
        (i) service rendered to a person which was an employer on August 
    29, 1935, irrespective of whether such person was an employer at the 
    time such service was rendered;
        (ii) service rendered to any express company, sleeping-car 
    company, or carrier by railroad which was a predecessor of a company 
    which, on August 29, 1935, was an employer as defined in paragraph 
    (i) of subsection (a)(1) of this section, irrespective of whether 
    such predecessor was an employer at the time such service was 
    rendered; and
        (iii) service rendered to a person not an employer in the 
    performance of operations involving the use of standard railroad 
    equipment if such operations were performed by an employer on August 
    29, 1935.

    (g)(1) For purposes of section 231b(i)(2) of this title, an 
individual shall be deemed to have been in ``military service'' when 
commissioned or enrolled in the active service of the land or naval 
forces of the United States and until resignation or discharge 
therefrom; and the service of any individual in any reserve component of 
the land or naval forces of the United States, while serving in the land 
or naval forces of the United States for any period, even though less 
than thirty days, shall be deemed to have been active service in such 
force during such period.
    (2) For purposes of section 231b(i)(2) of this title, a ``war 
service period'' shall mean (A) any war period, or (B) with respect to 
any particular individual, any period during which such individual (i) 
having been in military service at the end of a war period, was required 
to continue in military service, or (ii) 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. For purposes of 
section 231b(i)(2) of this title, the period beginning on June 15, 1948, 
and ending on December 15, 1950, shall be deemed to be a war service 
period with respect to any individual who without intervening employment 
not covered by this subchapter rendered service as an employee to an 
employer under this subchapter in the year such individual was released 
from active military service or in the year immediately following such 
year.
    (3) For purposes of section 231b(i)(2) of this title, a ``war 
period'' shall be deemed to have begun on whichever of the following 
dates is the earliest: (A) the date on which the Congress of the United 
States declared war; 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 which war was declared by one or more foreign states against the 
United States; or (D) the date on which any part of the United States or 
any 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 
United States engaged in armed hostilities for the purpose of preserving 
the Union or of maintaining in any State of the Union a republican form 
of government.
    (4) For purposes of section 231b(i)(2) of this title, a ``war 
period'' shall be deemed to have ended on the date on which hostilities 
ceased.
    (h)(1) The term ``compensation'' means any form of money 
remuneration paid to an individual for services rendered as an employee 
to one or more employers or as an employee representative, including 
remuneration paid for time lost as an employee, but remuneration paid 
for time lost shall be deemed earned in the month in which such time is 
lost. A payment made by an employer to an individual through the 
employer's payroll shall be presumed, in the absence of evidence to the 
contrary, to be compensation for service rendered by such individual as 
an employee of the employer in the period with respect to which the 
payment is made. Compensation earned in any calendar month before 1947 
shall be deemed paid in such month regardless of whether or when payment 
will have been in fact made, and compensation earned in any calendar 
year after 1946 but paid after the end of 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 231h of this title, the period 
during which such compensation will have 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 service 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 
factors 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 6053(a) of the Internal Revenue Code of 1986 [26 U.S.C. 6053(a)] 
or, if no statement including such tips is so furnished, at the time 
received. Tips so 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 231b(i)(2) of this title, 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
        (iii) for each such calendar month after 1974, the amount which 
    is creditable as such individual's ``wages'' under section 209(d) of 
    the Social Security Act [42 U.S.C. 409(d)].

    (6) Notwithstanding 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) remuneration for service which is performed by a non-
    resident alien individual for the period he is temporarily present 
    in the United States as a nonimmigrant under subparagraph (F) or (J) 
    of section 1101(a)(15) of title 8, as amended, and which is 
    performed to carry out the purpose specified in subparagraph (F) or 
    (J), as the case may be;
        (iii) remuneration earned in the service of a local lodge or 
    division of a railway-labor-organization employer with respect to 
    any calendar month in which the amount of such remuneration is less 
    than $25;
        (iv) 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 
    service, other than as such a delegate, which may be included in his 
    ``years of service;''
        (v) the amount of any payment (including any amount paid by an 
    employer for insurance or annuities, or into a fund, to provide for 
    any such payment) made to, or on behalf of, an employee or any of 
    his dependents under a plan or system established by an employer 
    which makes provision for his employees generally (or for his 
    employees generally and their dependents) or for a class or classes 
    of his employees (or for a class or classes of his employees and 
    their dependents), on account of sickness or accident disability or 
    medical or hospitalization expenses in connection with sickness or 
    accident disability; and
        (vi) an amount paid specifically--either as an advance, as 
    reimbursement or allowance--for traveling or other bona fide and 
    necessary expenses incurred or reasonably expected to be incurred in 
    the business of the employer provided any such payment is identified 
    by the employer either by a separate payment or by specifically 
    indicating the separate amounts where both wages and expense 
    reimbursement or allowance are combined in a single payment.

    (7) The term ``compensation'' includes any separation allowance or 
subsistence allowance paid under any benefit schedule provided under 
section 701 of title VII of the Regional Rail Reorganization Act of 1973 
[45 U.S.C. 797] \2\ and any termination allowance paid under section 702 
of that Act [45 U.S.C. 797a], but does not include any other benefits 
payable under that title [45 U.S.C. 797 et seq.]. The total amount of 
any subsistence allowance paid under a benefit schedule provided 
pursuant to section 701 of the Regional Rail Reorganization Act of 1973 
shall be considered as having been earned in the month in which the 
employee first timely filed a claim for such an allowance.
---------------------------------------------------------------------------
    \2\ See References in Text note below.
---------------------------------------------------------------------------
    (8) Notwithstanding any other provision of this subchapter, for the 
purposes of sections 231b(a)(1), 231c(a)(1), and 231c(f)(1) of this 
title, the term ``compensation'' includes any payment from any source to 
an employee or employee representative if such payment is subject to tax 
under section 3201 or 3211 of the Internal Revenue Code of 1986 [26 
U.S.C. 3201, 3211].
    (i) The term ``Board'' means the Railroad Retirement Board.
    (j) The term ``company'' includes corporations, associations, and 
joint-stock companies.
    (k) The term ``employee'' includes an officer of an employer.
    (l) The term ``person'' means an individual, a partnership, an 
association, a joint-stock company, a corporation, or the United States 
or any other governmental body.
    (m) The term ``United States,'' when used in a geographical sense, 
means the States and the District of Columbia.
    (n) The term ``Social Security Act'' means the Social Security Act 
as amended [42 U.S.C. 301 et seq.] from time to time.
    (o) An individual shall be deemed to have ``a current connection 
with 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 subchapter begins to accrue to 
him, or the month in which he dies if that first occurs, he will have 
been in service as an employee in not less than twelve calendar 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 Commission, the Surface 
Transportation Board, the National Mediation Board, the National 
Transportation Safety Board, the State-owned railroad (as defined in the 
Alaska Railroad Transfer Act of 1982 [45 U.S.C. 1201 et seq.]), so long 
as it is an instrumentality of the State of Alaska, or the Railroad 
Retirement Board in the period before such month and after the end of 
such thirty months. For purposes of section 231a(b) of this title and 
section 231a(d) of this title only, an individual shall be deemed also 
to have ``a current connection with the railroad industry'' if, after 
having completed twenty-five years of service, such individual 
involuntarily and without fault ceased rendering service as an employee 
under this subchapter and did not thereafter decline an offer of 
employment in the same class or craft as the individual's most recent 
employee service. For purposes of section 231a(d) of this title only, an 
individual shall be deemed to have a ``current connection with the 
railroad industry'' if a pension will have been payable to that 
individual under the Railroad Retirement Act of 1937 [45 U.S.C. 228a et 
seq.] or a retirement annuity based on service of not less than 10 years 
(as computed in awarding the annuity) will have begun to accrue to that 
individual prior to 1948 under the Railroad Retirement Act of 1937. For 
the purposes of section 231a(d) of this title only, an individual shall 
be deemed also to have a ``current connection with the railroad 
industry'' if he will have completed ten years of service and (A) he 
would be neither fully nor currently insured under the Social Security 
Act [42 U.S.C. 301 et seq.] if his service as an employee after December 
31, 1936, were included in the term ``employment'' as defined in that 
Act, or (B) he has no quarters of coverage under the Social Security 
Act.
    (p) The term ``annuity'' means a monthly sum which is payable on the 
first day of each calendar month for the accrual during the preceding 
calendar month.
    (q) The terms ``quarter'' and ``calendar quarter'' shall mean a 
period of three calendar months ending on March 31, June 30, September 
30, or December 31.
    (r) For purposes of this subchapter, a person shall be considered to 
be permanently insured under the Social Security Act [42 U.S.C. 301 et 
seq.] on December 31, 1974, if he or she would be fully insured within 
the meaning of section 214(a) of that Act [42 U.S.C. 414(a)] when he or 
she attains age 62 solely on the basis of his or her quarters of 
coverage under that Act acquired prior to January 1, 1975.

(Aug. 29, 1935, ch. 812, Sec. 1, as restated June 24, 1937, ch. 382, pt. 
I, 50 Stat. 307, as restated Pub. L. 93-445, title I, Sec. 101, Oct. 16, 
1974, 88 Stat. 1305; amended Pub. L. 94-547, Sec. 4(a), Oct. 18, 1976, 
90 Stat. 2526; Pub. L. 97-35, title XI, Sec. 1116, Aug. 13, 1981, 95 
Stat. 628; Pub. L. 97-468, title VI, Sec. 615(b)(6), Jan. 14, 1983, 96 
Stat. 2578; Pub. L. 98-76, title IV, Secs. 402(a), 403(a), 410(a), Aug. 
12, 1983, 97 Stat. 434, 435; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 
Stat. 2095; Pub. L. 100-647, title VII, Sec. 7304(a), Nov. 10, 1988, 102 
Stat. 3778; Pub. L. 101-239, title X, Sec. 10208(d)(2)(B)(ii), Dec. 19, 
1989, 103 Stat. 2481; Pub. L. 104-88, title III, Sec. 323, Dec. 29, 
1995, 109 Stat. 950.)

                       References in Text

    The Railway Labor Act, referred to in subsecs. (a)(1)(v) and (c), is 
act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified 
principally to chapter 8 (Sec. 151 et seq.) of this title. For complete 
classification of this Act to the Code, see section 151 of this title 
and Tables.
    Section 6 of the Railroad Retirement Act of 1937, referred to in 
subsec. (e)(2), which was classified to section 228f of this title, has 
been omitted from the Code.
    The Regional Rail Reorganization Act of 1973, referred to in subsec. 
(h)(7), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended. 
Section 701 of title VII of the Regional Rail Reorganization Act of 1973 
[45 U.S.C. 797] was repealed by Pub. L. 99-509, title IV, Sec. 4024(c), 
Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 
1987). Title VII of the Regional Rail Reorganization Act of 1973 is 
classified generally to subchapter VII (Sec. 797 et seq.) of chapter 16 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 701 of this title and Tables.
    The Social Security Act, referred to in subsecs. (n), (o), and (r), 
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is 
classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The 
Public Health and Welfare. For complete classification of this Act to 
the Code, see section 1305 of Title 42 and Tables.
    The Alaska Railroad Transfer Act of 1982, referred to in subsec. 
(o), is Pub. L. 97-468, title VI, Sec. 601 et seq., Jan 14, 1983, 96 
Stat. 2556, as amended, which is classified principally to chapter 21 
(Sec. 1201 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 1201 of this 
title and Tables.
    The Railroad Retirement Act of 1937, referred to in subsec. (o), is 
act Aug. 29, 1935, ch. 812, 49 Stat. 867, as amended generally by act 
June 24, 1937, ch. 382, part I, 50 Stat. 307, which is classified 
principally to subchapter III (Sec. 228a et seq.) of this chapter. The 
Railroad Retirement Act of 1937 was amended generally and redesignated 
the Railroad Retirement Act of 1974 by Pub. L. 93-445, title I, Oct. 16, 
1974, 88 Stat. 1305. The Railroad Retirement Act of 1974 is classified 
generally to this subchapter. For complete classification of these Acts 
to the Code, see Tables.


                               Amendments

    1995--Subsec. (a)(1)(i). Pub. L. 104-88, Sec. 323(1), added cl. (i) 
and struck out former cl. (i) which read as follows: ``any express 
company, sleeping car company, and carrier by railroad, subject to part 
I of the Interstate Commerce Act;''.
    Subsec. (a)(2)(ii). Pub. L. 104-88, Sec. 323(2), substituted 
``Surface Transportation Board is hereby authorized and directed upon 
request of the Railroad Retirement Board'' for ``Interstate Commerce 
Commission is hereby authorized and directed upon request of the 
Board''.
    Subsec. (o). Pub. L. 104-88, Sec. 323(3), inserted ``the Surface 
Transportation Board,'' after ``the Interstate Commerce Commission,''.
    1989--Subsec. (h)(5)(iii). Pub. L. 101-239 substituted ``section 
209(d)'' for ``the third paragraph of section 209''.
    1988--Subsec. (g)(2). Pub. L. 100-647 inserted provision designating 
the period beginning on June 15, 1948, and ending on Dec. 15, 1950, as a 
war service period with respect to certain individuals.
    1986--Subsec. (h)(4), (8). Pub. L. 99-514 substituted ``Internal 
Revenue Code of 1986'' for ``Internal Revenue Code of 1954''.
    1983--Subsec. (h)(6). Pub. L. 98-76, Sec. 402(a), struck out cl. 
(ii) which provided that term ``compensation'' would not include the 
voluntary payment by an employee, without deduction from the 
remuneration of the employee, of any tax not now or thereafter imposed 
with respect to the compensation of such employee, and redesignated cls. 
(iii) to (vii) as (ii) to (vi), respectively.
    Subsec. (h)(7). Pub. L. 98-76, Sec. 403(a), added par. (7).
    Subsec. (h)(8). Pub. L. 98-76, Sec. 410(a), added par. (8).
    Subsec. (o). Pub. L. 97-468 inserted ``the State-owned railroad (as 
defined in the Alaska Railroad Transfer Act of 1982 [45 U.S.C. 1201 et 
seq.]), so long as it is an instrumentality of the State of Alaska,'' 
after ``National Transportation Safety Board,''.
    1981--Subsec. (f)(1). Pub. L. 97-35, Sec. 1116(a), substituted 
``Ultimate fractions shall be taken at their actual value'' for 
``Ultimate fractions shall be taken at their actual value, except that 
if the individual will have had not less than one hundred twenty-six 
months of service, an ultimate fraction of six months or more shall be 
taken as one year''.
    Subsec. (o). Pub. L. 97-35, Sec. 1116(b)(2), inserted after first 
sentence ``For purposes of section 231a(b) of this title and section 
231a(d) of this title only, an individual shall be deemed also to have 
`a current connection with the railroad industry' if, after having 
completed twenty-five years of service, such individual involuntarily 
and without fault ceased rendering service as an employee under this 
subchapter and did not thereafter decline an offer of employment in the 
same class or craft as the individual's most recent employee service. 
For purposes of section 231a(d) of this title only, an individual shall 
be deemed to have a `current connection with the railroad industry' if a 
pension will have been payable to that individual under the Railroad 
Retirement Act of 1937 or a retirement annuity based on service of not 
less than 10 years (as computed in awarding the annuity) will have begun 
to accrue to that individual prior to 1948 under the Railroad Retirement 
Act of 1937.''
    Pub. L. 97-35, Sec. 1116(b)(1), inserted reference to National 
Transportation Safety Board.
    1976--Subsec. (h)(6)(vi), (vii). Pub. L. 94-547 added pars. (vi) and 
(vii).


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
Title 49, Transportation.


                    Effective Date of 1988 Amendment

    Section 7304(b) of Pub. L. 100-647 provided that: ``The amendment 
made by this section [amending this section] shall apply with respect to 
annuities accruing in months after the date of enactment of this Act 
[Nov. 10, 1988].''


                    Effective Date of 1983 Amendments

    Section 402(c) of Pub. L. 98-76 provided that: ``The amendments made 
by this section [amending this section and section 351 of this title] 
shall apply to compensation paid for services rendered after June 30, 
1983.''
    Section 403(c) of Pub. L. 98-76 provided that: ``The amendments made 
by this section [amending this section and section 351 of this title] 
shall be effective August 13, 1981.''
    Section 410(b) of Pub. L. 98-76 provided that: ``The amendment made 
by this section [amending this section] shall apply with respect to 
payments made on or after January 1, 1982.''
    Amendment by Pub. L. 97-468 effective on date of transfer of Alaska 
Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of this 
title, see section 615(b) of Pub. L. 97-468.


                    Effective Date of 1981 Amendment

    Section 1129 of Pub. L. 97-35, as amended by Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(a) Except as otherwise provided in this section, the amendments 
made by this subtitle [subtitle D (Secs. 1116-1129 of title XI of Pub. 
L. 97-35, enacting section 231u of this title, amending this section and 
sections 231a to 231f, 231i, 231n, 231q, 355, and 358 of this title, and 
enacting provisions set out as a note under section 231n of this title] 
shall take effect October 1, 1981, and shall apply only with respect to 
annuities awarded on or after that date.
    ``(b)(1) The amendment made by section 1116(a) of this Act [amending 
this section] shall take effect October 1, 1981, except that the years 
of service of an individual shall not be considered less after enactment 
of this Act [Aug. 13, 1981] for any individual who files an application 
before April 1, 1982 than such individual had during the month of 
September 1981.
    ``(2) The amendments made by sections 1116(b)(1), 1118(c)(2), 
1119(b)(5), 1119(c), 1119(h)(3), 1119(i)(3), 1120(a), 1120(d), 
1121(c)(1), 1121(c)(2), 1123, and 1125 of this Act [amending this 
section and sections 231b, 231c, 231d, 231e, 231i, and 231q of this 
title] shall take effect January 1, 1975.
    ``(3) The first sentence added to section 1(o) of the Railroad 
Retirement Act of 1974 [subsec. (o) of this section] by section 
1116(b)(2) shall take effect October 1, 1981, and shall apply only with 
respect to individuals who did not die before that date and who ceased 
rendering service as an employee under the Railroad Retirement Act of 
1974 [this subchapter] on or after October 1, 1975 or were on leave of 
absence or furlough on October 1, 1975. The second sentence added to 
section 1(o) of the Railroad Retirement Act of 1974 by section 
1116(b)(2) shall take effect October 1, 1981.
    ``(c) The amendment made by section 1117(a) of this Act [amending 
section 231a of this title] shall take effect October 1, 1981, and shall 
apply only with respect to individuals whose supplemental annuity 
closing date under section 2(b) of the Railroad Retirement Act of 1974 
[section 231a(b) of this title] before the effective date of the 
amendment to such section by this Act did not occur before October 1, 
1981.
    ``(d) The amendments made by section 1119(b)(1) [amending section 
231c of this title] shall not apply with respect to annuities awarded on 
the basis of employee annuities awarded before October 1, 1981.
    ``(e)(1) The amendments made by sections 1118(e)(3), 1119(d)(2), 
1119(h)(1), and 1119(h)(4) of this Act [amending sections 231b and 231c 
of this title] shall take effect on the date of the enactment of this 
Act [Aug. 13, 1981].
    ``(2) The amendment made by section 1118(d) of this Act [amending 
section 231b of this title] shall apply with respect to annuity 
increases which become effective on or after the date described in the 
next sentence. The date referred to in the last preceding sentence is 
the later of October 1, 1981 and the date (after July 1, 1981) on which 
there is an increase in the rate of any tax imposed under chapter 22 
(relating to railroad retirement tax) of the Internal Revenue Code of 
1986 [formerly I.R.C. 1954] [chapter 22 of Title 26, Internal Revenue 
Code]. For the purposes of the amendment made by section 1118(d), with 
respect to annuities awarded before October 1, 1981, the annuity 
portions computed under subsections (b) and (d) of section 3 of the 
Railroad Retirement Act of 1974 [section 231b(b) and (d) of this title] 
as in effect before October 1, 1981, shall be treated as a portion of an 
annuity computed under section 3(b) of such Act as amended by this Act.
    ``(3) The amendment made by section 1118(a) of this Act [amending 
section 231b of this title] shall take effect on the later of October 1, 
1981, and the date (after July 1, 1981) on which there is an increase in 
the rate of any tax imposed under chapter 22 (relating to railroad 
retirement tax) of the Internal Revenue Code of 1986 [chapter 22 of 
Title 26], and shall apply only with respect to annuities awarded on or 
after the date of that taking effect.
    ``(f) Section 4(g) of the Railroad Retirement Act of 1974 as amended 
by this Act [section 231c(g) of this title] (except subdivisions (5) and 
(6) of such section 4(g)) shall take effect October 1, 1981, with 
respect to awards made on or after that date in cases in which the 
employee did not begin receiving an annuity under section 2(a)(1) of the 
Railroad Retirement Act of 1974 [section 231a(a)(1) of this title] 
before October 1, 1981, and did not die before that date, and to all 
awards made on or after October 1, 1986. In all other awards made on or 
after October 1, 1981, and before October 1, 1986, for purposes of 
determining the initial annuity amounts only, the provisions of section 
4(g) of the Railroad Retirement Act of 1974, as in effect before 
amendment by this Act shall be applicable. Initial annuity amounts 
determined under the preceding sentence shall be increased only by the 
same percentage, or percentages, as an employee's annuity amount 
determined under section 3(b) of the Railroad Retirement Act of 1974 
[section 231b(b) of this title] is increased under section 3(g) of the 
Railroad Retirement Act of 1974 [section 231b(g) of this title] on or 
after the date on which such initial annuity amount began to accrue. 
Annuity amounts determined under section 4(g) of the Railway Retirement 
Act of 1974 before amendment by this Act or under section 207(2) of 
Public Law 93-445 [set out as a note below] shall be increased only by 
the same percentage, or percentages, as an employee's annuity amount 
determined under section 3(b) of the Railroad Retirement Act of 1974 is 
increased under section 3(g) of the Railroad Retirement Act of 1974 on 
or after October 1, 1981. Section 4(g)(5) and 4(g)(6) of the Railroad 
Retirement Act of 1974, as amended by this Act, shall take effect on 
October 1, 1981.
    ``(g) The amendments made by sections 1118(b), 1118(g), 1120(b), 
1122(a)(2), 1122(b)(1), 1122(c), 1124, 1126, and 1127 of this Act 
[enacting section 231u of this title, amending sections 231b, 231d, 
231f, and 231n of this title, and enacting provisions set out as a note 
under section 231n of this title] shall take effect October 1, 1981.
    ``(h) The amendments made by sections 1117(e)(2), 1117(f), 
1118(h)(2), and 1119(i)(4) [amending sections 231a, 231b, and 231c of 
this title] shall take effect January 1, 1982.''


                    Effective Date of 1976 Amendment

    Section 4(c)(1) of Pub. L. 94-547 provided that: ``The amendments 
made by subsection (a) of this section [amending this section] shall be 
effective January 1, 1975.''


                             Effective Date

    Section 602(a)-(d) of Pub. L. 93-445 provided that:
    ``(a) The provisions of title I of this Act [enacting this 
subchapter] shall become effective on January 1, 1975, except as 
otherwise provided herein: Provided, however, That annuities awarded 
under section 2 of the Railroad Retirement Act of 1974 [section 231a of 
this title] on the basis of an application therefor filed with the Board 
on or after such date may, subject to the limitations prescribed in 
section 5(a) of such Act [section 231d(a) of this title], begin prior to 
such date, except that no annuity under paragraph (ii) of section 
2(a)(1) of such Act [subsec. (a)(1) of section 231a of this title] shall 
begin to accrue to a man prior to July 1, 1974.
    ``(b) The provision of section 1(o) of the Railroad Retirement Act 
of 1974 [section 231(o) of this title] which provides that a `current 
connection with the railroad industry' will not be broken by `employment 
with the Department of Transportation, the Interstate Commerce 
Commission, the National Mediation Board, or the Railroad Retirement 
Board' shall not be applicable (A) for purposes of paragraph (iv) of 
section 2(a)(1) of such Act [section 231a(a)(1)(iv) of this title], to 
an individual who became disabled, as provided for purposes of such 
paragraph, prior to January 1, 1975, (B) for purposes of section 2(b)(1) 
of such Act [section 231a(b)(1) of this title], to an individual whose 
annuity under section 2(a) of the Railroad Retirement Act of 1937 
[section 228b(a) of this title] or section 2(a)(1) of the Railroad 
Retirement Act of 1974 [section 231a(1) of this title] first began to 
accrue prior to January 1, 1975, and (C) for purposes of section 2(d)(1) 
[section 231a(d)(1) of this title] of such Act, to a survivor of a 
deceased employee if such employee died prior to January 1, 1975.
    ``(c) The provisions of clause (i)(B) and clause (ii)(B) of section 
2(c)(1) of the Railroad Retirement Act of 1974 [subsec. (c)(1) of 
section 231a of this title] shall not be applicable to the spouse of an 
individual if (A) such individual will have completed thirty years of 
service and will have been awarded an annuity under section 2(a) of the 
Railroad Retirement Act of 1937 [section 228b(a) of this title] or 
section 2(a)(1) of the Railroad Retirement Act of 1974 [subsec. (a)(1) 
of section 231a of this title] which first began to accrue prior to July 
1, 1974, or (B) such individual will have completed less than thirty 
years of service and will have been awarded an annuity under section 
2(a) of the Railroad Retirement Act of 1937 [section 228b(a) of this 
title] or section 2(a)(1) of the Railroad Retirement Act of 1974 
[subsec. (a)(1) section 231a of this title] which first began to accrue 
prior to January 1, 1975. For purposes of the entitlement of the spouse 
of an individual described in clause (A) or (B) of the preceding 
sentence to an annuity under such section 2(c)(1) [subsec. (c)(1) 
section 231a of this title], the provisions of clause (i)(B) of such 
section 2(c)(1) [subsec. (c)(1) of section 231a of this title] shall be 
deemed to read: `(B) has attained the age of 65'.
    ``(d) The provisions of section 2(b)(1) of the Railroad Retirement 
Act of 1974 [subsec. (b)(1) of section 231a of this title] which permit 
an individual to become entitled to a supplemental annuity thereunder if 
he `has attained age 60 and completed thirty years of service' shall not 
be applicable to an individual who was awarded an annuity under section 
2(a) of the Railroad Retirement Act of 1937 [section 228b(a) of this 
title] or section 2(a)(1) of the Railroad Retirement Act of 1974 
[subsec. (a)(1) of section 231a of this title] which first began to 
accrue prior to July 1, 1974.''

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 of Title 49. References to Interstate Commerce 
Commission deemed to refer to Surface Transportation Board, a member or 
employee of the Board, or Secretary of Transportation, as appropriate, 
see section 205 of Pub. L. 104-88, set out as a note under section 701 
of Title 49.


                         Transitional Provisions

    Sections 201 to 210 of title II of Pub. L. 93-445, effective Jan. 1, 
1975, as amended by Pub. L. 94-92, title II, Sec. 202(a), Aug. 9, 1975, 
89 Stat. 465; Pub. L. 94-547, Sec. 1, Oct. 18, 1976, 90 Stat. 2523, 
provided that:
    ``Sec. 201. The claims of individuals who, prior to the effective 
date of title I of this Act [see Effective Date note set out above], 
became eligible for annuities, supplemental annuities, or death benefits 
under section 2, 3(j), or 5 of the Railroad Retirement Act of 1937 
[section 228b, 228c(j), or 228e of this title] shall be adjudicated by 
the Board under that Act [subchapter III of this chapter] in the same 
manner and with the same effect as if title I of this Act [enacting this 
subchapter] had not been enacted: Provided, however, That no annuity, 
supplemental annuity, or death benefit shall be awarded under the 
Railroad Retirement Act of 1937 [subchapter III of this chapter] 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 [subchapter II of this 
chapter], no annuity or supplemental annuity under the Railroad 
Retirement Act of 1937 [subchapter III of this chapter], and no pension 
under section 6 of the Railroad Retirement Act of 1937 [section 228f of 
this title] shall be payable for any month after December 31, 1974.
    ``Sec. 202. (a) Every individual who would have been entitled to an 
annuity under the Railroad Retirement Act of 1935 [subchapter II of this 
chapter] for the month of January 1975, if this Act [enacting this 
subchapter] had not been enacted, shall be entitled to an annuity under 
paragraph (i) of section 2(a)(1) of the Railroad Retirement Act of 1974 
[section 231a(a)(1) of this title], beginning January 1, 1975, in an 
amount determined under the provisions of section 3(a) of such Act 
[section 231b(a) of this title], 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 [section 228c(a)(6) of this title] for 
the purpose of computing the last increase in such individual's annuity 
under the Railroad Retirement Act of 1935 [subchapter II of this 
chapter] pursuant to the provisions of section 105 of Public Law 93-69 
[set out as a note under sections 228e to 228z-1 of this title], less 
the amount of any monthly insurance benefit to which such individual is 
actually entitled (before any deductions on account of work) under the 
Social Security Act [section 301 et seq. of Title 42, The Public Health 
and Welfare].
    ``(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 [subchapter II of this chapter] 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 a 
pension under section 6 of the Railroad Retirement Act of 1937 [section 
228f of this title] for the month of January 1975, if this Act [enacting 
this subchapter] had not been enacted, shall be entitled to an annuity 
under paragraph (i) of section 2(a)(1) of the Railroad Retirement Act of 
1974 [section 231a(a)(1) of this title] in an amount determined under 
the provisions of section 3(a) of such Act [section 231b(a) of this 
title], 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 [section 228c(a)(6) of this title] for the purpose of computing the 
last increase in such individual's pension under section 6 of the 
Railroad Retirement Act of 1937 [section 228f of this title] pursuant to 
the provisions of section 105 of Public Law 93-69 [set out as a note 
under sections 228e to 228z-1 of this title], less the amount of any 
monthly insurance benefit to which such individual is actually entitled 
(before any deductions on account of work) under the Social Security Act 
[section 301 et seq. of Title 42].
    ``(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 [section 228f of this title] 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 
under section 2(a)1, 2(a)2, 2(a)3, 2(a)4, or 2(a)5 of the Railroad 
Retirement Act of 1937 [section 228b(a)1, 228b(a)2, 228b(a)3, 228b(a)4, 
or 228b(a)5 of this title] for the month of December 1974, or who would 
have been entitled to such an annuity for such month except for the 
provisions of section 2(d) of such Act [section 228b(d) of this title], 
and who would have been entitled to such an annuity for the month of 
January 1975, if this Act [enacting this subchapter] 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 [section 231a(a)(1) of this title], beginning 
January 1, 1975: Provided, however, That if an individual who was 
entitled to an annuity under section 2(a)4 or 2(a)5 of the Railroad 
Retirement Act of 1974 [probably should read ``Railroad Retirement Act 
of 1937'' classified to section 228b(a)4 or 228b(a)5, of this title] 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 [section 231a(a)(1) of this title]. 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 [section 
    231b(a) of this title] shall initially be in an amount equal to (A) 
    the amount determined under clause (i) of section 3(a)(6) of the 
    Railroad Retirement Act of 1937 [section 228c(a)(6) of this title] 
    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) [section 228c(a) of this title], and that part of section 3(e) 
    which preceded the first proviso, of the Railroad Retirement Act of 
    1937 [section 228c(e) of this title] or (B), if less in a case where 
    such individual is not entitled to an annuity amount provided under 
    paragraph (3) of this subsection, the amount of the annuity under 
    section 2(a) of the Railroad Retirement Act of 1937 [section 228b(a) 
    of this title] (before any reduction on account of age and without 
    regard to section 2(d) of such Act [section 228b(d) of this title]) 
    which such individual would have received for the month of January 
    1975 if this Act [see Effective Date of 1976 Amendment set out 
    hereunder] had not been enacted: Provided, however, That such 
    annuity amount shall be subject to reduction in accordance with the 
    provisions of section 3(m) of the Railroad Retirement Act of 1974 
    [section 231b(m) of this title] in the same manner as other annuity 
    amounts provided under section 3(a) of the Railroad Retirement Act 
    of 1974;
        ``(2) that portion of the individual's annuity as is provided 
    under section 3(b)(1) of the Railroad Retirement Act of 1974 
    [section 231b(b)(1) of this title] 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 1937 [section 228b(a) of this title] 
    for the month of December 1974 (before any reduction on account of 
    age and without regard to section 2(d) of such Act [section 228b(d) 
    of this title]) 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 [section 301 et seq. of Title 42]) for the 
    month of January 1975 if he had no wages or self-employment income 
    under the Social Security Act other than wages derived from service 
    as an employee under the Railroad Retirement Act of 1974 [this 
    subchapter] 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: Provided, however, That if the annuity of any 
    individual under the Railroad Retirement Act of 1937 [subchapter III 
    of this chapter] for the month of December 1974 was computed under 
    the first proviso of section 3(e) of such Act [section 228c(e) of 
    this title], the annuity of such individual for purposes of clause 
    (A) of this paragraph shall be no greater than the annuity which 
    such individual would have received under such Act [subchapter III 
    of this chapter] for the month of December 1974, if no other person 
    had been included in the computation of the annuity of such 
    individual; and
        ``(3) if the individual was entitled to an old-age insurance 
    benefit or a disability insurance benefit under the Social Security 
    Act [section 301 et seq. of Title 42] on December 31, 1974, or was 
    fully insured under that Act 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 section 
    3(h)(1) of the Railroad Retirement Act of 1974 [section 231b(h)(1) 
    of this title]: Provided, however, 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 
    [subchapter III of this chapter] (prior to any reduction on account 
    of age and without regard to section 2(d) of that Act [section 
    228b(d) of this title]) 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 [enacting 
    this subchapter] 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 [section 301 et seq. of Title 42] on December 31, 1974, or is 
    the wife, husband, widow, or widower of a person who was fully 
    insured under that Act 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 section 3(h)(3) of 
    the Railroad Retirement Act of 1974 [section 231b(h)(3) of this 
    title].
    ``(b) An individual who was awarded an annuity under section 2(a) of 
the Railroad Retirement Act of 1937 [section 228b(a) of this title], but 
who could not have become 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 [section 
231a(a)(1) of this title].
    ``(c) An individual who was awarded an annuity under section 2(a) of 
the Railroad Retirement Act of 1937 [section 228b(a) of this title] 
shall not be entitled to an annuity amount computed under the provisions 
of section 3(c) of the Railroad Retirement Act of 1974 [section 231b(c) 
of this title]: Provided, however, That the provisions of this 
subsection shall not be applicable (i) to an individual who will have 
rendered at least twelve months of service as an employee to an employer 
(as defined in the Railroad Retirement Act of 1974 [this section] after 
December 31, 1974, or (ii) to an individual who was awarded an annuity 
under section 2(a)4 or 2(a)5 of the Railroad Retirement Act of 1937 
[section 228b(a)4 or 228b(a)5 of this title] and who recovered from 
disability and returned to the service of an employer (as defined in the 
Railroad Retirement Act of 1974) [this section] after December 31, 1974.
    [Section 202(b) of Pub. L. 94-92 provided that: ``The amendment made 
by this section [enacting section 204(c) of Pub. L. 93-445] shall be 
effective January 1, 1975.'']
    ``(d) The annuity amount provided an individual by paragraph (1) of 
this subsection as increased from time to time shall be deemed to be the 
primary insurance amount of such individual for purposes of computing 
the annuity of the spouse of such individual under section 4(a) of the 
Railroad Retirement Act of 1974. [section 231c(a) of this title].''

[Effective Date of 1976 Amendment. Section 1(d) of Pub. L. 94-547 
provided that: ``The amendments made by this section [enacting section 
204(d) and amending sections 204(a)(1), (2) and 206(1) of Pub. L. 93-
445] shall be effective January 1, 1975: Provided, however, That the 
increases in annuities effective June 1, 1975, and June 1, 1976, shall 
be in the amount which would have been provided if this Act [enacting 
section 204(d) of Pub. L. 93-445, amending sections 204(a)(1), (2) and 
206(1) of Pub. L. 93-445 and this section and section 231c and 231n of 
this title and section 3231 of Title 26, Internal Revenue Code, and 
enacting provisions set out as notes under this section and sections 
231c and 231n of this title and 3231 of Title 26] had not been 
enacted.'']
    ``Sec. 205. (a) Every individual who was entitled to a supplemental 
annuity under section 3(j) of the Railroad Retirement Act of 1937 
[section 228c(j) of this title] for the month of December 1974, or who 
would have been entitled to such a supplemental annuity for such month 
except for the provisions of section 2(d) of such Act [section 228b(d) 
of this title], and who would have been entitled to such a supplemental 
annuity for the month of January 1975, if this Act [enacting this 
subchapter] had not been enacted, shall be entitled to a supplemental 
annuity under section 2(b)(1) of the Railroad Retirement Act of 1974 
[section 231a(b)(1) of this title], beginning January 1, 1975, in an 
amount, the provisions of section 3(e) of such Act [section 231b(e) of 
this title] notwithstanding, 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 [section 228c(j) of this title] for the 
month of December 1974, or to which such individual would have been 
entitled for such month under such section 3(j) [section 228c(j) of this 
title] except for the provisions of section 2(d) of such Act [section 
228b(d) of this title].
    ``(b) An individual who was awarded an annuity under section 2(a) of 
the Railroad Retirement Act of 1937 [section 228b(a) of this title], but 
who could not have become eligible for a supplemental annuity under 
section 3(j) of such Act [section 228c(j) of this title] 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 [section 231a(b) of 
this title].
    ``Sec. 206. Every spouse who was entitled to an annuity under 
section 2(e) or 2(h) of the Railroad Retirement Act of 1937 [section 
228b(e) or 228b(h) of this title] for the month of December 1974, or who 
would have been entitled to such an annuity for such month except for 
the provisions of section 2(d) of such Act [section 228b(d) of this 
title], and who would have been entitled to such an annuity for the 
month of January 1975, if this Act [enacting this subchapter] had not 
been enacted, shall be entitled to an annuity under section 2(c) of the 
Railroad Retirement Act of 1974 [section 231a(c) of this title] 
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 [section 231c(a) 
    of this title] shall initially be in an amount equal to (A) the 
    amount determined under clause (i) of section 3(a)(6) of the 
    Railroad Retirement Act of 1937 [section 228c(a)(6) of this title] 
    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 [section 228b of this title] or 
    (B), if less in a case where such spouse is not entitled to an 
    annuity amount provided by paragraph (3) of this section, the amount 
    of the annuity under section 2(e) or 2(h) of the Railroad Retirement 
    Act of 1937 [section 228b(e) or (h) of this section] (before any 
    reduction on account of age and without regard to section 2(d) of 
    such Act [section 228b(d) of this title]) which such spouse would 
    have received for the month of January 1975 if this Act [see 
    Effective Date of 1976 Amendment set out under section 204(d) 
    hereinabove] had not been enacted: Provided, however, That the 
    amount of such annuity shall be subject to reduction in accordance 
    with the provisions of section 202(k) or 202(q) of the Social 
    Security Act [section 402(k) or 402(q) of Title 42], 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 [section 402 of Title 42] and 
    shall also be subject to reduction in accordance with the provisions 
    of section 4(i) of the Railroad Retirement Act of 1974 [section 
    231c(i) of this title];

    [Effective Date of 1976 Amendment. See note set out under section 
    204(d) hereinabove.]
        ``(2) that portion of the spouse's annuity as is provided under 
    section 4(b) of the Railroad Retirement Act of 1974 [section 231c(b) 
    of this title] 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 paragraph (2) of section 204(a) of this title: 
    Provided, however, That, in case of a spouse who is not entitled to 
    an annuity amount provided 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 under the Social Security Act [section 301 et seq. 
    of Title 42]) and the proceeding 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 Railroad Retirement Act of 
    1937 [section 228b(e) or 228b(h) of this title] (deeming, for this 
    purpose, any increase in the amount of such annuity which, had this 
    Act [enacting this subchapter] 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) [section 228b(e) or 228b(h) of this 
    title] except for the provisions of section 2(d) of such Act 
    [section 228b(d) of this title], 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): Provided 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(i)(2) of the 
    Railroad Retirement Act of 1974 [section 231c(i)(2) of this title], 
    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 Social Security Act [section 
    402(k) or 402(q) of Title 42] 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 [section 228b(e) or 228b(h) of this title] 
    (without regard to the provisions of section 2(d) of that Act 
    [section 228b(d) of this title]) if this Act [enacting this 
    subchapter] had not been enacted; and
        ``(3) if the spouse was entitled to an old-age insurance benefit 
    or a disability insurance benefit under the Social Security Act 
    [section 301 et seq. of Title 42] of [on] 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) [section 231c(e)(1) of this title], 
    or, if the spouse was entitled only to a wife's or husband's 
    insurance benefit, 4(e)(3) [section 231c(e)(3) of this title] of the 
    Railroad Retirement Act of 1974: Provided, however, That, if the 
    spouse was entitled to a monthly insurance benefit under the Social 
    Security Act of [on] 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 deductions on account of work) to equal (B) the total of (i) 
    the spouse's annuity under the Railroad Retirement Act of 1937 
    [subchapter III of this chapter] (prior to any reduction on account 
    of age and without regard to section 2(d) of that Act [section 
    228b(d) of this title]) plus (ii) the monthly insurance benefit 
    under the Social Security Act (before any reduction on account of 
    age and deductions on account of work) which such spouse would have 
    received for such month if this Act [enacting this subchapter] had 
    not been enacted.
    ``Sec. 207. Every survivor who was entitled to an annuity under 
section 5 of the Railroad Retirement Act of 1937 [section 228e of this 
title] for the month of December 1974, or who would have been entitled 
to such an annuity for such month except for the provisions of section 
5(i) of such Act [section 228e(i) of this title], and who would have 
been entitled to such an annuity for the month of January 1975, if this 
Act [enacting this subchapter] had not been enacted, shall be entitled 
to an annuity under section 2(d) of the Railroad Retirement Act of 1974 
[section 231a(d) of this title] beginning January 1, 1975. For purposes 
of this section--
        ``(1) that portion of the survivor's annuity as is provided 
    under section 4(f) of the Railroad Retirement Act of 1974 [section 
    231c(f) of this title] 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 1937 [section 228c(a)(6) of this title] 
    for the purpose of computing the last increase in the amount of such 
    survivor's annuity as computed under the provisions of section 5(q) 
    of the Railroad Retirement Act of 1937 [section 228e(q) of this 
    title]: Provided, however, That the amount of such annuity shall be 
    subject to reduction in accordance with the provisions of section 
    202(k) or 202(q) of the Social Security Act [section 402(k) or 
    402(q) of Title 42] in the same manner as any widow's insurance 
    benefit, mother's insurance benefit, widower's insurance benefit, 
    parent's insurance benefit, or child's insurance benefit payable 
    under section 202 of the Social Security Act [section 402 of Title 
    42] and shall also be subject to reduction in accordance with the 
    provisions of section 4(i)(2) of the Railroad Retirement Act of 1974 
    [section 231c(i)(2) of this title];
        ``(2) that portion of the survivor's annuity as is provided 
    under section 4(g) of the Railroad Retirement Act of 1974 [section 
    231c(g) of this title] shall initially be in an amount equal to 30 
    per centum of the amount computed in accordance with the provisions 
    of paragraph (1) of this section prior to any reductions, other than 
    reductions on account of age, in accordance with the provisions of 
    section 202(k) or 202(q) of the Social Security Act [section 402(k) 
    or 402(q) of Title 42] and prior to any reductions in accordance 
    with, the provisions of section 4(i)(2) of the Railroad Retirement 
    Act of 1974 [section 231c(i)(2) of this title]: Provided, however, 
    That, if such survivor is not entitled to an annuity amount provided 
    under paragraph (3) of this section, such amount shall not be less 
    than an amount which would cause (A) the total of the annuity 
    amounts provided the survivor by the provisions of this section for 
    the month of January 1975 to equal (B) the amount of the annuity 
    which the survivor would have received for such month under section 
    5 of the Railroad Retirement Act of 1937 [section 228e of this 
    title] (without regard to section 5(i) of that Act [section 228e(i) 
    of this title]) if this Act [enacting this subchapter] had not been 
    enacted; and
        ``(3) if the survivor is a widow or widower who was entitled to 
    an old-age insurance benefit or a disability insurance benefit under 
    the Social Security Act [section 301 et seq. of Title 42] on 
    December 31, 1974, or was fully insured 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 4(h)(1) of the Railroad Retirement Act of 1974 
    [section 231c(h)(1) of this title]: Provided, however, That, if the 
    widow or widower was entitled to a monthly 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 (A) the total of 
    (i) the annuity amounts provided the widow or widower by the 
    provisions of this section for the month of January 1975 plus (ii) 
    the monthly insurance benefit to which such widow or widower is 
    entitled for that month under the Social Security Act (before any 
    deductions on account of work) to equal (B) the total of (i) the 
    widow's or widower's annuity under the Railroad Retirement Act of 
    1937 [subchapter III of this chapter] (without regard to section 
    5(i) of that Act [section 228e(i) of this title]) plus (ii) the 
    monthly insurance benefit under the Social Security Act (before any 
    deductions on account of work) which such widow or widower would 
    have received for such month if this Act [enacting this subchapter] 
    had not been enacted.
    ``Sec. 208. For purposes of paragraph (1) of section 204(a), 
paragraph (1) of section 206, and paragraph (1) of section 207, the fact 
that the amount of the annuity payable to an individual, spouse, or 
survivor under the Railroad Retirement Act of 1937 [subchapter III of 
this chapter] for the month of December 1974 may not (i) in the case of 
an individual have been computed under the provisions of section 3(a) of 
such Act [section 228c(a) of this title] or that part of section 3(e) of 
such Act [section 228c(e) of this title] which precedes the first 
proviso; (ii) in the case of a spouse, have been computed under the 
provisions of section 2 of such Act [section 228b of this title], or 
(iii) in the case of a survivor, have been computed under the provisions 
of section 5 of such Act [section 228e of this title], shall be 
disregarded, and the amount determined under clause (i) of section 
3(a)(6) of such Act [section 228c(a)(6) of this title] with respect to 
such individual, spouse, or survivor shall, for purposes of such 
paragraphs, be the amount which would have been determined under such 
clause (i) if the annuity of such individual had been computed under the 
provisions of section 3(a) [section 228c(a) of this title], and that 
part of section 3(e) [section 228c(e) of this title] which preceded the 
first proviso, of such Act; the annuity of such spouse had been computed 
under the provisions of section 2 of such Act [section 228b of this 
title]; or the annuity of such survivor had been computed under the 
provisions of section 5 of such Act [section 228e of this title].
    ``Sec. 209. (a) Whenever monthly insurance benefits under section 
202 of the Social Security Act [section 402 of Title 42] are increased, 
the amount of each annuity provided by section 202(a), section 203(a), 
paragraph (1) of section 204(a), paragraph (1) of section 206, and 
paragraphs (1) and (2) of section 207 shall be increased in the same 
manner, and effective the same date as other annuities of the same type 
payable under section 2 of the Railroad Retirement Act of 1974 [section 
231a of this title] are increased.
    ``(b) The annuity amounts provided by section 202(b), section 
203(b), paragraph (2) of section 204(a), and paragraph (2) of section 
206 shall be increased by the same percentage, or percentages, and 
effective the same date, or dates, as other annuity amounts of the same 
type are increased pursuant to the provisions of section 3(g) of the 
Railroad Retirement Act of 1974 [section 231b(g) of this title].
    ``Sec. 210. The election of a joint and survivor annuity made before 
July 31, 1946, by an individual to whom an annuity accrues under the 
Railroad Retirement Act of 1937 [subchapter III of this chapter] before 
January 1, 1975, shall be given effect as though the provisions of law 
under which the election was made had continued to be operative unless 
such election had been revoked prior to the time the annuity of such 
individual began to accrue.''

                  Section Referred to in Other Sections

    This section is referred to in sections 231a, 231b, 231e, 231f, 
231n, 231q, 352 of this title; title 42 sections 402, 405.
