
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-90 Section 101(a)]
[Document affected by Public Law 107-90 Section 102(b)]
[Document affected by Public Law 107-90 Section 102(c)]
[Document affected by Public Law 107-90 Section 103(e)]
[Document affected by Public Law 107-90 Section 104(b)]
[Document affected by Public Law 107-90 Section 101(b)]
[Document affected by Public Law 107-90 Section 102(d)]
[CITE: 45USC231c]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 9--RETIREMENT OF RAILROAD EMPLOYEES
 
             SUBCHAPTER IV--RAILROAD RETIREMENT ACT OF 1974
 
Sec. 231c. Computation of spouse and survivor annuities


(a) Amount of spouses' annuities; age

    (1) The annuity of a spouse or divorced wife of an individual under 
section 231a(c) of this title shall be in an amount equal to the amount 
(before any reduction on account of age and before any deductions on 
account of work) of the wife's insurance benefit or the husband's 
insurance benefit to which such spouse or divorced wife would have been 
entitled under the Social Security Act [42 U.S.C. 301 et seq.] if such 
individual's service as an employee after December 31, 1936, had been 
included in the term ``employment'' as defined in that Act.
    (2) For purposes of this subsection, if an individual is entitled to 
an annuity under paragraph (ii) of section 231a(a)(1) of this title 
which did not begin to accrue before such individual attained age 62, 
the spouse of such individual entitled to annuity under clause (B) of 
paragraph (ii) of section 231a(c)(1) of this title shall be deemed to 
have attained retirement age (as defined in section 216(l) of the Social 
Security Act [42 U.S.C. 416(l)] \1\.
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    \1\ So in original. Probably should be followed by a closing 
parenthesis.
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    (3) In the case of an individual entitled to an annuity under 
section 231a(a)(1)(ii) of this title which began to accrue before such 
individual attained age 62, the annuity of the spouse of such individual 
under section 231a(c) of this title shall, in lieu of an annuity amount 
provided under subdivision (1), be in an amount equal to--
        (i) for each month prior to the first month throughout which 
    both the individual and the spouse are age 62, 50 per centum of that 
    portion of the individual's annuity as is, or was prior to such 
    individual's attaining age 62, computed under section 231b(a)(3)(i) 
    of this title, reduced to the same extent such amount would be 
    reduced under section 202(b)(4) of the Social Security Act [42 
    U.S.C. 402(b)(4)] (in the case of a wife) or under section 202(c)(2) 
    of the Social Security Act (in the case of a husband) as if such 
    amount were a wife's insurance benefit or a husband's insurance 
    benefit, respectively, under such Act [42 U.S.C. 301 et seq.]; and
        (ii) for months beginning with the first month throughout which 
    both the individual and the spouse are age 62, the amount (after any 
    reduction on account of age based on the spouse's age at the time 
    the amount under this paragraph first becomes payable but before any 
    deductions on account of work) of the wife's insurance benefit or 
    the husband's insurance benefit to which such spouse would have been 
    entitled under the Social Security Act if the individual's service 
    as an employee after December 31, 1936, had been included in the 
    term ``employment'' as defined in that Act.

    (4) In the case of an individual entitled to an annuity under 
paragraph (iv) or (v) of section 231a(a)(1) of this title, the annuity 
of the spouse of such individual entitled to an annuity under section 
231a(c)(1)(ii)(B) of this title shall, in lieu of an annuity amount 
provided under subdivision (1), be in an amount equal to the amount 
(after any reduction on account of age but before any deductions on 
account of work) of the wife's insurance benefit or the husband's 
insurance benefit to which such spouse would have been entitled under 
the Social Security Act [42 U.S.C. 301 et seq.] if the individual's 
service as an employee after December 31, 1936, had been included in the 
term ``employment'' as defined in that Act. For purposes of this 
subdivision, spouses who have not attained age 62 shall be deemed to 
have attained age 62.

(b) Increases in spouses' annuities in accordance with section 231b(b), 
        (c), (d) of this title

    The amount of the annuity of a spouse of an individual provided 
under subsection (a) of this section shall be increased by an amount 
equal to 45 per centum of that portion of the individual's annuity as is 
computed under subsection (b) of section 231b of this title: Provided, 
however, That if the spouse is entitled to an annuity amount provided by 
subsection (e)(1) or (e)(2) of this section, the amount of such spouse's 
annuity provided by the preceding provisions of this subsection shall be 
reduced by the amount by which the amount computed in accordance with 
the provisions of clause (C) of subsection (e)(1) or (e)(2) of this 
section was increased by the Social Security Amendments of 1965, 1967, 
and 1969, disregarding (A) the amount of any such increase resulting 
from the Social Security Amendments of 1967 equal to, or less than, the 
excess of $5 over 5.8 per centum of the lesser of (i) the amount 
computed under clause (C) of subsection (e)(1) or (e)(2) of this section 
before any increases derived from legislation enacted after the Social 
Security Amendments of 1967 or (ii) the amount of the spouse's annuity 
to which such spouse would have been entitled under section 2(e) of the 
Railroad Retirement Act of 1937 [45 U.S.C. 228b(e)], without regard to 
section 3(a)(2) of that Act [45 U.S.C. 228c(a)(2)] or to increases 
derived from legislation enacted after 1968 and before any reduction on 
account of age, on the basis of the individual's compensation and years 
of service prior to January 1, 1975, and (B) the amount of any such 
increase resulting from the Social Security Amendments of 1969 equal to, 
or less than, $5: Provided further, That if the spouse is entitled to an 
annuity under section 231a(a)(1) of this title, the amount of the 
annuity of such spouse under this subsection shall,\2\ be increased by 
an amount equal to the amount by which the amount of the annuity of such 
spouse provided under subsection (a) of this section was reduced by 
reason of the provisions of subsection (i)(2) of this section 
(disregarding, for this purpose, any increase in such reduction which 
becomes effective after the later of the date such spouse's annuity 
under section 231a(c) of this title began to accrue or the date such 
spouse's annuity under section 231a(a)(1) of this title began to 
accrue). The Board shall have the authority to approximate the amount of 
any reduction prescribed by the first proviso of this subsection.
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    \2\ So in original. The comma probably should not appear.
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(c) Reductions in spouses' annuities

    If (A) the total amount of the annuity of a spouse of an individual 
as computed under the preceding subsections of this section as of the 
date on which the annuity of such individual under section 231a(a)(1) of 
this title began to accrue (before any reduction due to such spouse's 
entitlement to a monthly insurance benefit under the Social Security Act 
[42 U.S.C. 301 et seq.]) plus (B) the total amount of the annuity and 
supplemental annuity of the individual (before any reduction due to such 
individual's entitlement to a monthly insurance benefit under the Social 
Security Act) subject to the provisions of section 231b(f)(1) of this 
title would, before any reductions in the amounts specified in clauses 
(A) and (B) on account of age and disregarding any increases in such 
amounts which become effective after the date on which the individual's 
annuity under section 231a(a)(1) of this title began to accrue, exceed 
the amount determined under clauses (A) and (B) of section 231b(f)(1) of 
this title, the portion of the annuity of such spouse determined under 
subsection (b) of this section as of the date on which the individual's 
annuity under section 231a(a)(1) of this title began to accrue shall be 
reduced until the sum of the amounts specified in clauses (A) and (B) of 
this subsection equals the amount determined under clauses (A) and (B) 
of section 231b(f)(1) of this title or until such amount under 
subsection (b) of this section is reduced to zero, whichever occurs 
first. If, after such amount under subsection (b) of this section is 
reduced to zero, the sum of the remaining amounts specified in clauses 
(A) and (B) of this subsection still exceeds the amount determined under 
clauses (A) and (B) of section 231b(f)(1) of this title, the 
supplemental annuity of the individual first, and then, if necessary, 
the annuity amount of the individual computed under subsections (b), 
(c), and (d) of section 231b of this title as of the date on which the 
individual's annuity under section 231a(a)(1) of this title began to 
accrue, shall be reduced until the amounts specified in clauses (A) and 
(B) of this subsection equals the amount determined under clauses (A) 
and (B) of section 231b(f)(1) of this title or until such supplemental 
annuity and such annuity amount are reduced to zero, whichever occurs 
first. Notwithstanding the preceding provisions of this subsection, the 
provisions of this subsection shall not operate to reduce the total of 
the amounts specified in clauses (A) and (B) of this subsection below 
$1,200.

(d) Increases in spouses' annuities in accordance with section 231b(g) 
        of this title

    (1) That portion of the annuity of the spouse of an individual as is 
determined under subsection (b) and (c) of this section shall be 
increased by the same percentage, or percentages, as the individual's 
annuity is, or has been, increased pursuant to the provisions of section 
231b(g)(1) of this title.
    (2) That portion of the annuity of the spouse of an individual as is 
determined under subsection (b) of this section prior to any 
determination under subsection (c) of this subsection \3\ shall, if the 
annuity of such spouse is not subject to reduction under subdivision (3) 
of this subsection, be reduced by an amount equal to 50 per centum of 
the dollar amount by which the annuity of the individual was reduced 
under section 231b(g)(2) of this title. In no case shall the reduction 
by reason of this paragraph operate to reduce such portion to an amount 
less than $10.
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    \3\ So in original. Probably should be ``section''.
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    (3) The first and, if necessary, the following time or times after 
January 1, 1983, that monthly insurance benefits under section 202 of 
the Social Security Act [42 U.S.C. 402] are increased, that portion of 
the annuity of the spouse of an individual as is determined under 
subsections (b), (c), and (d)(1) of this section shall, if such spouse's 
annuity under section 231a(c) of this title began to accrue in or before 
the year in which such first increase under the Social Security Act [42 
U.S.C. 301 et seq.] became effective, be reduced by the dollar amount by 
which that portion of the annuity provided such spouse under subsection 
(a) of this section was increased, after any reduction under subsection 
(i) of this section, as a result of such increase or increases under the 
Social Security Act until the total dollar amount of such reduction or 
reductions equals 5 per centum of the annuity amount provided such 
spouse under subsection (a) of this section, as reduced under subsection 
(i) of this section, prior to such first increase. In no case shall the 
reduction by reason of this paragraph operate to reduce such portion to 
an amount less than $10.

(e) Increases in particular spouses' annuities

    (1) The amount of the annuity of the spouse of an individual 
determined under subsections (a) and (b) of this section, if (A) such 
individual will have (i) rendered service as an employee to an employer, 
or as an employee representative, during the calendar year 1974, or (ii) 
had a current connection with the railroad industry on December 31, 
1974, or at the time his annuity under section 231a(a)(1) of this title 
began to accrue, or (iii) completed twenty-five years of service prior 
to January 1, 1975, and (B) such individual will have completed ten 
years of service prior to January 1, 1975, and such spouse will have 
been permanently insured under the Social Security Act [42 U.S.C. 301 et 
seq.] on December 31, 1974, shall be increased by an amount equal to the 
smaller of (C) the primary insurance amount to which such spouse would 
have been entitled, upon attaining age 65, under the provisions of the 
Social Security Act as in effect on December 31, 1974, on the basis of 
her or his wages and self-employment income derived from employment and 
self-employment under that Act prior to January 1, 1975, or (D) the 
wife's or husband's insurance benefit to which such spouse would have 
been entitled, upon attaining age 65, under the provisions of the Social 
Security Act as in effect on December 31, 1974, if such individual's 
service as an employee after December 31, 1936, and prior to January 1, 
1975, were included in the term ``employment'' as defined in that Act, 
if such individual had no wages or self-employment income under the Act 
other than wages derived from such service as an employee, and if such 
spouse were entitled to no other benefit under that Act: Provided, 
however, That the increase under the provisions of this subdivision 
shall not be less than 50 per centum of the portion of the annuity, if 
any, of such individual determined under the provisions of section 
231b(h)(1) of this title prior to any increases under the provisions of 
section 231b(h)(5) of this title.
    (2) The amount of the annuity of the spouse of an individual 
determined under subsections (a) and (b) of this section, if (A) such 
individual will not have met the conditions set forth in subclause (i), 
(ii), or (iii) of clause (A) of subdivision (1) of this subsection, but 
(B) such individual will have completed ten years of service prior to 
January 1, 1975, and such spouse will have been permanently insured 
under the Social Security Act [42 U.S.C. 301 et seq.] as of December 31 
of the calendar year prior to 1975 in which such individual last 
rendered service as an employee, shall be increased by an amount equal 
to the smaller of (C) the primary insurance amount to which such spouse 
would have been entitled, upon attaining age 65,under the provisions of 
the Social Security Act as in effect on December 31, 1974, on the basis 
of his or her wages and self-employment income derived from employment 
and self-employment under that Act as of December 31 of the calendar 
year prior to 1975 in which such individual last rendered service as an 
employee or (D) the wife's or husband's insurance benefit to which such 
spouse would have been entitled, upon attaining age 65, under the 
provisions of the Social Security Act as in effect on December 31, 1974, 
if such individual's service as an employee after December 31, 1936, and 
prior to January 1, 1975, were included in the term ``employment'' as 
defined in that Act, if such individual had no wages or self-employment 
income under that Act other than wages derived from such service as an 
employee, and if such spouse were entitled to no other benefit under 
that Act: Provided, however, That the increase under the provisions of 
this subdivision shall not be less than 50 per centum of the portion of 
the annuity, if any, of such individual determined under the provisions 
of section 231b(h)(2) of this title prior to any increases under the 
provisions of section 231b(h)(5) of this title.
    (3) The amount of the annuity of the spouse of an individual 
determined under subsections (a) and (b) of this section, if (A) such 
individual is entitled to an amount determined under the provisions of 
section 231b(h)(1) or 231b(h)(2) of this title and (B) such spouse is 
not entitled to an amount determined under the provisions of subdivision 
(1) or (2) of this subsection, shall be increased by an amount equal to 
50 per centum of the portion of the annuity of such individual 
determined under the provisions of section 231b(h)(1) or 231b(h)(2) of 
this title prior to any increases under the provisions of section 
231b(h)(5) of this title.
    (4) The amount determined under the provisions of subdivision (1), 
(2), or (3) of this subsection shall be increased by the same percentage 
or percentages, as wife's and husband's insurance benefits under section 
202 of the Social Security Act [42 U.S.C. 402] are increased, or would 
have been increased had there been no general benefit increases under 
the Social Security Act [42 U.S.C. 301 et seq.], pursuant to the 
automatic cost-of-living provisions of section 215(i) of that Act [42 
U.S.C. 415(i)], during the period from January 1, 1975, to the earlier 
of the date on which the individual's annuity under section 231a(a)(1) 
of this title began to accrue or January 1, 1982.
    (5) No amount shall be payable to a person under subdivision (1), 
(2), or (3) of this subsection unless the entitlement of such person to 
such amount had been determined prior to August 13, 1981.

(f) Amount of survivors' annuities; age; entitlement

    (1) The annuity of a survivor of a deceased employee under section 
231a(d) of this title shall be in an amount equal to the amount (before 
any deductions on account of work) of the widow's insurance benefit, 
widower's insurance benefit, mother's insurance benefit, parent's 
insurance benefit, or child's insurance benefit, whichever is 
applicable, to which he or she would have been entitled under the Social 
Security Act [42 U.S.C. 301 et seq.] if such deceased employee's service 
as an employee after December 31, 1936, had been included in the term 
``employment'' as defined in that Act. In the case of a widow or widower 
who is entitled to an annuity under section 231a(d) of this title solely 
on the basis of railroad service which was performed prior to January 1, 
1937, the amount provided under this section with respect to any month 
shall not be less than the first amount appearing in column IV of the 
table appearing in section 215(a) of the Social Security Act [42 U.S.C. 
415(a)] as in effect on December 31, 1974, after reduction in accordance 
with the provisions of section 202(k) and 202(q) of that Act [42 U.S.C. 
402(k), (q)] in the same manner as would be applicable to a widow's 
insurance benefit or widower's insurance benefit payable under section 
202(e) or 202(f) of that Act.
    (2) For purposes of this subsection--
        (i) a widow or widower or a parent who is entitled to an annuity 
    based on age under section 231a(d)(1) of this title and who has not 
    attained age 62 shall be deemed to be age 62: Provided, however, 
    That the provisions of this paragraph shall not apply in the case of 
    a widow or widower who was entitled to an annuity under section 
    231a(d)(1) of this title on the basis of disability for the month 
    before the month in which he or she attained age 60,
        (ii) a widow or widower or a child who is entitled to an annuity 
    under section 231a(d)(1) of this title on the basis of disability 
    shall be deemed to be entitled to a widow's insurance benefit, a 
    widower's insurance benefit, or a child's insurance benefit under 
    the Social Security Act [42 U.S.C. 301 et seq.] on the basis of 
    disability, and
        (iii) The \4\ provisions of paragraphs (i) and (ii) of this 
    subdivision shall not apply to the annuity of a widow, surviving 
    divorced wife, or surviving divorced mother who is entitled to such 
    annuity on the basis of the provisions of section 231a(d)(1)(v) of 
    this title.
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    \4\ So in original. Probably should not be capitalized.

    (3) The annuity amount provided to a widow or widower under last 
sentence of subdivision (1) shall be increased by the same percentage or 
percentages as insurance benefits payable under section 202 of the 
Social Security Act [42 U.S.C. 402] are increased after the date on 
which such annuity begins to accrue.

(g) Increases in survivor's annuities in accordance with subsection (f)

    (1) The amount of the annuity provided under subsection (f)(1) of 
this section (other than the last sentence thereof) for a survivor of a 
deceased individual shall be increased by an amount equal to the 
appropriate one of the following percentages of that portion of the 
annuity computed under section 231b(b) of this title, before any 
reduction on account of age and without regard to any reduction under 
section 231b(g)(2) of this title, to which such deceased individual 
would have been entitled for the month such survivor's annuity under 
section 231a(d) of this title began to accrue if such individual were 
living (deeming for this purpose that if such individual died before 
becoming entitled to an annuity under section 231a(a)(1) of this title, 
such individual became entitled to an annuity under subdivision (i) of 
such section 231a(a)(1) of this title in the month in which such 
individual died):
        (i) In the case of a widow or widower, the increase shall be 
    equal to 50 per centum of such portion of the deceased individual's 
    annuity, but the amount of the annuity so determined shall be 
    subject to reduction on account of age in the same manner as is 
    applicable to the annuity amount determined for the widow or widower 
    under subsection (f) of this section and shall be subject to 
    increase as provided in subdivision (4) of this subsection.
        (ii) In the case of a parent, the increase shall be equal to 35 
    per centum of such portion of the deceased individual's annuity.
        (iii) In the case of a child, the increase shall be equal to 15 
    per centum of such portion of the deceased individual's annuity.

    (2) Whenever the total amount of the increases based on the deceased 
individual's portion of the annuity under section 231b(b) of this title 
as determined under subdivision (1) of this subsection for all survivors 
of a deceased employee is--
        (i) less than an amount equal to 35 per centum of such portion 
    of the deceased individual's annuity, the total increase shall, 
    before any deductions under section 231a(g) of this title, be 
    increased proportionately until the total increase is equal to 35 
    per centum of such portion of the deceased individual's annuity; or
        (ii) more than an amount equal to 80 per centum of such portion 
    of the deceased individual's annuity, the total increase shall, 
    before any deductions under section 231a(g) of this title and before 
    any reduction on account of age, be reduced proportionately until 
    the total increase is equal to 80 per centum of such portion of the 
    deceased individual's annuity.

    (3) An annuity determined under this subsection for a month prior to 
the month in which application is filed, shall be reduced to any extent 
that may be necessary so that it will not render erroneous any annuity 
which, before the filing of such application, the Board has certified 
for payment for such prior month.
    (4) If a widow or widower of a deceased employee is entitled to an 
annuity under section 231(a)(1) of this title and if either such widow 
or widower or such deceased employee will have completed 10 years of 
service prior to January 1, 1975, the amount of the annuity of such 
widow or widower under subdivisions (1) through (3) of this subsection 
shall be increased by an amount equal to the amount, if any, by which 
(A) the widow's or widower's insurance annuity to which such widow or 
widower would have been entitled, upon attaining age 65, under section 
5(a) of the Railroad Retirement Act of 1937 [45 U.S.C. 228e(a)] as in 
effect on December 31, 1974 (without regard to the proviso of that 
section or the first proviso of section 3(e) of that Act [45 U.S.C. 
228c(e)] on the basis of the deceased employee's remuneration and 
service prior to January 1, 1975, increased by the same percentage, or 
percentages, as widow's and widower's insurance benefits under section 
202 of the Social Security Act [42 U.S.C. 402] are increased during the 
period from January 1, 1975, to the later of the date on which such 
widow's or widower's annuity under section 231a(a)(1) of this title 
began to accrue or the date on which such widow's or widower's annuity 
under section 231a(d)(1) of this title began to accrue, exceeds (B) the 
total of the annuity amounts to which such widow or widower was entitled 
(after any reductions pursuant to subsection (i)(2) of this section but 
before any deductions on account of work) under the preceding provisions 
of this subsection, subsection (f) of this section, and the amount 
determined under subsection (h) of this section, before the proviso, as 
of the later of the date on which such widow's or widower's annuity 
under section 231a(a)(1) of this title began to accrue or the date on 
which such widow's or widower's annuity under section 231a(d)(1) of this 
title began to accrue. If a widow or widower of a deceased employee is 
not entitled to an annuity under section 231a(a)(1) of this title or to 
an old-age insurance benefit or a disability insurance benefit under the 
Social Security Act [42 U.S.C. 301 et seq.], the amount of the annuity 
to which such widow or widower is entitled under this subsection shall 
not be less than an amount which would cause the total of the annuity 
amounts to which such widow or widower is entitled (before any 
deductions on account of work) under this subsection and subsection 
(f)(1) of this section to equal the total of the annuity amounts to 
which such widow or widower was entitled (or would have been entitled 
except for the provisions of sections 231a(e) and 231a(f) of this title) 
as a spouse under subsections (a), (b), and (e) of this section (after 
any reduction on account of age) in the month preceding the employee's 
death. If a widow or widower of a deceased employee is entitled to an 
annuity under section 231a(a)(1) of this title or to an old-age 
insurance benefit or a disability insurance benefit under the Social 
Security Act, the amount of the annuity to which such widow or widower 
is entitled under this subsection shall not be less than an amount which 
would cause (A) the total of the annuity amounts to which such widow or 
widower is entitled (after any reductions pursuant to section 202(k) or 
202(q) of the Social Security Act or subsection (i)(2) of this section 
but before any deductions on account of work) under this subsection and 
subsection (f) of this section to equal (B)(i) the total of the annuity 
amounts, if any, to which such widow or widower was entitled (or would 
have been entitled except for the provisions of sections 231a(e) and 
231a(f) of this title) as a spouse under subsections (a), (b), and (e) 
of this section (after any reduction on account of age) in the month 
preceding the employee's death less (ii), if such widow or widower is 
entitled to an old-age insurance benefit or a disability insurance 
benefit under the Social Security Act but was not entitled to such a 
benefit in the month preceding the employee's death, the amount by which 
the annuity amount payable under subsection (a) of this section to such 
widow or widower's as a spouse in the month preceding the employee's 
death would have been reduced by reason of section 202(k) or 202(q) of 
the Social Security Act if such widow or widower had been entitled to an 
old-age insurance benefit or a disability insurance benefit under the 
Social Security Act in the month preceding the employee's death in an 
amount equal to the amount of such benefit at the time such benefit 
first began to accrue to such widow or widower.
    (5) This subsection shall not apply to the annuity of a widow, 
surviving divorced wife, or surviving divorced mother who is entitled to 
such annuity on the basis of the provisions of section 231a(d)(1)(v) of 
this title.
    (6) That portion of the annuity of a survivor of an individual 
determined under subdivisions (1) and (2) of this subsection shall be 
increased whenever, and by the same percentage or percentages as, the 
annuity of the individual would have been increased pursuant to section 
231b(g)(1) of this title if such individual were still living.
    (7) The first and, if necessary, the following time or times after 
January 1, 1983, that monthly insurance benefits under section 202 of 
the Social Security Act [42 U.S.C. 402] are increased, that portion of 
the annuity of a survivor of a deceased individual as is determined 
under subdivisions (1) and (2) of this subsection, or under this 
subsection as in effect before amendment by section 1119(g) of Public 
Law 97-35, shall, if such survivor's annuity under section 231a(d) of 
this title began to accrue before the effective date of such first 
increase under the Social Security Act [42 U.S.C. 301 et seq.], be 
reduced by the dollar amount by which that portion of the annuity 
provided such survivor under subsection (f) of this section was 
increased, after any reduction under subsection (i) of this section, as 
a result of such increase or increases under the Social Security Act 
until the total dollar amount of such reduction or reductions equals 5 
per centum of the annuity amount provided such survivor under subsection 
(f) of this section, as reduced under subsection (i) of this section, 
prior to such first increase. In no case shall the reduction by reason 
of this paragraph operate to reduce such portion to an amount less than 
$10.
    (8) That portion of the annuity of a survivor of a deceased 
individual as is determined under subdivisions (1) and (2) of this 
subsection shall, if the annuity of such survivor is not subject to 
reduction under subdivision (7) of this subsection, be reduced by an 
amount equal to the dollar amount by which the annuity of the deceased 
individual was reduced under section 231b(g)(2) of this title or would 
have been reduced under such section 231b(g)(2) of this title if such 
deceased individual had been living at the time such survivor's annuity 
under section 231a(d) of this title began to accrue (deeming for this 
purpose, if such individual died before becoming entitled to an annuity 
under section 231a(a)(1) of this title, that such individual became 
entitled to an annuity under paragraph (i) of such section 231a(a)(1) of 
this title in the month in which such individual died). In a case where 
the survivor of a deceased individual is not entitled to a monthly 
insurance benefit under the Social Security Act [42 U.S.C. 301 et seq.], 
the reduction provided by the preceding sentence of this subdivision 
shall be equal to the dollar amount by which the annuity of the deceased 
individual would have been reduced under section 231b(g)(2) of this 
title if the annuity of such deceased individual had not been subject to 
reduction under section 231b(m) of this title. In no case shall the 
reduction by reason of this paragraph operate to reduce such portion to 
an amount less than $10.
    (9) That portion of the annuity of a survivor of a deceased 
individual as is determined under this subsection as in effect before 
amendment by section 1119(g) of Public Law 97-35 shall, if the annuity 
of such survivor is not subject to reduction under subdivision (7) of 
this subsection, be reduced by an amount equal to the dollar amount by 
which the annuity of the deceased individual was reduced under section 
231b(g)(2) of this title or, if such survivor is not entitled to a 
monthly insurance benefit under the Social Security Act [42 U.S.C. 301 
et seq.], would have been reduced under such section 231b(g)(2) of this 
title if the annuity of such deceased individual had not been subject to 
reduction under section 231b(m) of this title. In no case shall the 
reduction by reason of this paragraph operate to reduce such portion to 
an amount less than $10.

(h) Increases in particular widows' and widowers' annuities

    (1) The amount of the annuity of the widow or widower of a deceased 
employee determined under subsections (f) and (g) of this section, if 
such deceased employee will have completed ten years of service prior to 
January 1, 1975, and such widow or widower will have been permanently 
insured under the Social Security Act [42 U.S.C. 301 et seq.] of \5\ 
December 31, 1974, shall be increased by an amount equal to the amount, 
if any, by which (A) the widow's or widower's insurance annuity to which 
such widow or widower would have been entitled, upon attaining age 65, 
under section 5(a) of the Railroad Retirement Act of 1937 [45 U.S.C. 
228e(a)] as in effect on December 31, 1974 (without regard to the 
proviso of that section or the first proviso of section 3(e) of that Act 
[45 U.S.C. 228c(e)]), on the basis of the deceased employee's 
remuneration and service prior to January 1, 1975, increased by the same 
percentage, or percentages, as widow's and widower's insurance benefits 
under section 202 of the Social Security Act [42 U.S.C. 402] are 
increased during the period from January 1, 1975, to January 1, 1982 or, 
if earlier, to the later of the date on which such widow's or widower's 
annuity under section 231a(d)(1) of this title began to accrue or the 
date beginning the first month for which such widow or widower is 
entitled to an old age insurance benefit or disability insurance benefit 
under the Social Security Act, exceeds (B) the total of the annuity 
amounts to which such widow or widower was entitled (after any 
reductions pursuant to section 202(k) or 202(q) of the Social Security 
Act and subsection (i)(2) of this section but before any deductions on 
account of work) under subsections (f) and (g) of this section as to the 
later of the date on which such widow's or widower's annuity under 
section 231a(d)(1) of this title began to accrue or the date beginning 
the first month for which such widow or widower is entitled to an old-
age insurance benefit or disability insurance benefit under the Social 
Security Act: Provided, however, That, if a widow or widower was 
entitled (or would have been entitled except for the provisions of 
section 231a(e) or 231a(f) of this title) to an annuity amount under 
subdivision (1) or (2) of subsection (e) of this section in the month 
preceding the employee's death, the amount of the annuity to which such 
widow or widower is entitled under this subsection shall not be less 
than an amount which would cause (A) the total of the annuity amounts to 
which such widow or widower is entitled (after any reductions pursuant 
to section 202(k) or 202(q) of the Social Security Act but before any 
deductions on account of work) under subsections (f) and (g) of this 
section and the preceding provisions of this subsection as of the date 
such widow's or widower's annuity under section 231a(d)(1) of this title 
began to accrue to equal (B) the total of the annuity amounts to which 
such widow or widower was entitled (or would have been entitled except 
for the provisions of section 231a(e) or 231a(f) of this title) as a 
spouse under subsections (a), (b), and (e) of this section (after any 
reductions on account of age) in the month preceding the employee's 
death.
---------------------------------------------------------------------------
    \5\ So in original. Probably should be ``on''.
---------------------------------------------------------------------------
    (2) Subdivision (1) of this subsection shall not apply to the 
annuity of a widow, surviving divorced wife, or surviving divorced 
mother who is entitled to such annuity on the basis of the provisions of 
section 231a(d)(1)(v) of this title. No amount shall be payable to a 
person under subdivision (1) of this subsection unless the entitlement 
of such person to such amount had been determined prior to August 13, 
1981.

(i) Reductions in survivors' annuities

    (1) The annuity of any spouse or divorced wife under subsection (a) 
of this section for any month shall, after a reduction pursuant to 
section 231a(c)(2) of this title be reduced, but not below zero, by the 
amount of any insurance benefit (before any deduction on account of 
work) payable to such spouse or divorced wife for that month under title 
II of the Social Security Act [42 U.S.C. 401 et seq.].
    (2) If a spouse or divorced wife entitled to an annuity under 
section 231a(c) of this title or a survivor entitled to an annuity under 
section 231a(d) of this title for any month is also entitled to an 
annuity under section 231a(a)(1) of this title for such month, the 
annuity amount of such spouse or divorced wife determined under 
subsection (a) of this section or of such survivor under subsection (f) 
of this section shall, after any reduction pursuant to subdivision (1) 
of this subsection, be reduced by the amount of the annuity of such 
spouse or divorced wife or such survivor determined under section 
231b(a) of this title.
    (3) The annuity of any survivor under subsection (f) of this section 
shall be reduced, but not below zero, by the amount of any insurance 
benefit (before any deduction on account of work) payable to such 
survivor under title II of the Social Security Act [42 U.S.C. 401 et 
seq.], unless in computing the amount under subsection (f) of this 
section a reduction was made for such insurance benefit pursuant to 
section 202(k) of the Social Security Act [42 U.S.C. 402(k)].

(Aug. 29, 1935, ch. 812, Sec. 4, 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. 1327; amended Pub. L. 94-547, Sec. 2(a), (b), Oct. 18, 
1976, 90 Stat. 2524; Pub. L. 97-35, title XI, Sec. 1119, Aug. 13, 1981, 
95 Stat. 632; Pub. L. 98-76, title I, Secs. 101(b), 102(b), (c), 106(h), 
title IV, Secs. 406(a), 407(a), Aug. 12, 1983, 97 Stat. 411, 413, 414, 
418, 435.)

                       References in Text

    The Social Security Act, referred to in subsecs. (a)(1), (3), (4), 
(c), (d)(3), (e)(1), (2), (4), (f)(1), (2)(ii), (g)(4), (7) to (9), 
(h)(1), and (i)(1), (3), 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. Title II of the Social 
Security Act is classified generally to subchapter II (Sec. 401 et seq.) 
of chapter 7 of Title 42. For complete classification of this Act to the 
Code, see section 1305 of Title 42 and Tables.
    The Social Security Amendments of 1965, referred to in subsec. (b), 
is Pub. L. 89-97, July 30, 1965, 79 Stat. 286, as amended. For complete 
classification of this Act to the Code, see Short Title of 1965 
Amendment note set out under section 1305 of Title 42 and Tables.
    The Social Security Amendments of 1967, referred to in subsec. (b), 
is Pub. L. 90-248, Jan. 2, 1968, 81 Stat. 821, as amended. For complete 
classification of this Act to the Code, see Short Title of 1968 
Amendment note set out under section 1305 of Title 42 and Tables.
    The Social Security Amendments of 1969, referred to in subsec. (b), 
is title X of Pub. L. 91-172, Dec. 30, 1969, 83 Stat. 737, as amended, 
which amended sections 401, 402, 403, 415, 427, and 428 of Title 42, and 
enacted provisions set out as notes under sections 401, 402, 403, 415, 
and 427 of Title 42. For complete classification of this Act to the 
Code, see Short Title of 1969 Amendment note set out under section 1305 
of Title 42 and Tables.
    Sections 2, 3, and 5 of the Railroad Retirement Act of 1937, 
referred to in subsecs. (b), (g)(4), and (h)(1), which were classified 
to sections 228b, 228c, and 228e of this title, have been omitted from 
the Code.
    Section 1119(g) of Public Law 97-35, referred to in subsec. (g)(7), 
(9), amended subsec. (g) of this section generally. See 1981 Amendment 
note below.


                               Amendments

    1983--Subsec. (a)(2). Pub. L. 98-76, Sec. 106(h), substituted 
``retirement age (as defined in section 216(l) of the Social Security 
Act'' for ``age 65''.
    Pub. L. 98-76, Sec. 101(b)(1), substituted ``if an individual is 
entitled to an annuity under paragraph (ii) of section 231a(a)(1) of 
this title which did not begin to accrue before such individual attained 
age 62, the spouse of such individual'' for ``spouses''.
    Subsec. (a)(3), (4). Pub. L. 98-76, Sec. 101(b)(2), added pars. (3) 
and (4).
    Subsec. (d). Pub. L. 98-76, Sec. 102(b), designated existing 
provisions as par. (1), substituted ``231b(g)(1)'' for ``231b(g)'', and 
added pars. (2) and (3).
    Subsec. (g)(1). Pub. L. 98-76, Sec. 102(c)(1), inserted ``and 
without regard to any reduction under section 231b(g)(2) of this 
title''.
    Subsec. (g)(4). Pub. L. 98-76, Sec. 406(a), substituted 
``subsections (a), (b), and (e)'' for ``subsections (a), (b), and 
(e)(3)''.
    Subsec. (g)(6). Pub. L. 98-76, Sec. 102(c)(2), substituted 
``231b(g)(1)'' for ``231b(g)''.
    Subsec. (g)(7) to (9). Pub. L. 98-76, Sec. 102(c)(3), added pars. 
(7) to (9).
    Subsec. (i)(3). Pub. L. 98-76, Sec. 407(a), added par. (3).
    1981--Subsec. (a)(1). Pub. L. 97-35, Sec. 1119(a), substituted 
``spouse or divorced wife'' for ``spouse'' in two places.
    Subsec. (b). Pub. L. 97-35, Sec. 1119(b)(1), substituted 
``subsection (b)'' for ``subsections (b), (c) and (d)''.
    Pub. L. 97-35, Sec. 1119(b)(2), substituted ``45 per centum'' for 
``50 per centum''.
    Pub. L. 97-35, Sec. 1119(b)(3), struck out third proviso which 
provided that if the total of (A) the amount of the spouse's annuity 
provided under subsec. (a) of this section (before any reduction due to 
such spouse's entitlement to a wife's or husband's insurance benefit 
under the Social Security Act), or, in the case of a spouse entitled to 
an annuity under section 231a(a)(1) of this title or to an old-age 
insurance benefit or a disability insurance benefit under section 202 or 
223 of the Social Security Act, the amount to which such spouse would be 
entitled under subsec. (a) of this section if she or he were not 
entitled to an annuity under section 231a(a)(1) of this title or to an 
old-age insurance benefit or a disability insurance benefit under 
section 202 or 223 of the Social Security Act, plus (B) the amount of 
her or his annuity under this subsection would, with respect to any 
month, before any reductions on account of age, exceed 110 per centum of 
an amount equal to the maximum amount which could be paid to any one, 
with respect to such month, as a wife's insurance benefit under section 
202(h) of the Social Security Act, the amount of the annuity of such 
spouse under this subsection shall be reduced until the total of such 
annuity amounts equals 110 per centum of such amount.
    Pub. L. 97-35, Sec. 1119(b)(4), struck out reference to third 
proviso in second proviso.
    Pub. L. 97-35, Sec. 1119(b)(5), inserted ``(disregarding, for this 
purpose, any increase in such reduction which becomes effective after 
the later of the date such spouse's annuity under section 231a(c) of 
this title began to accrue or the date such spouse's annuity under 
section 231a(a)(1) of this title began to accrue)''.
    Subsec. (c). Pub. L. 97-35, Sec. 1119(c), substituted ``spouse's 
entitlement to a monthly insurance benefit'' for ``spouse's entitlement 
to a wife's or husband's insurance benefit''.
    Subsec. (e)(4). Pub. L. 97-35, Sec. 1119(d)(1), substituted ``to the 
earlier of the date on which the individual's annuity under section 
231a(a)(1) of this title began to accrue or January 1, 1982'' for ``to 
the date on which the individual's annuity under section 231a(a)(1) of 
this title began to accrue''.
    Subsec. (e)(5). Pub. L. 97-35, Sec. 1119(d)(2), added subdiv. (5).
    Subsec. (f)(1). Pub. L. 97-35, Sec. 1119(e)(1), inserted provision 
that in the case of a widow or widower who is entitled to an annuity 
under section 231a(d) of this title solely on the basis of railroad 
service which was performed prior to Jan. 1, 1937, the amount provided 
under this section with respect to any month shall not be less than the 
first amount appearing in column IV of the table appearing in section 
215(a) of the Social Security Act as in effect on December 31, 1974, 
after reduction in accordance with the provisions of section 202(k) and 
202(q) of that Act in the same manner as would be applicable to a 
widow`s insurance benefit or widower's insurance benefit payable under 
section 202(e) or 202(f) of that Act.
    Subsec. (f)(2)(iii). Pub. L. 97-35, Sec. 1119(f), added par. (iii).
    Subsec. (f)(3). Pub. L. 97-35, Sec. 1119(e)(2), added subdiv. (3).
    Subsec. (g). Pub. L. 97-35, Sec. 1119(g), revised windfall component 
in computation of survivor annuity benefits and substituted provisions 
fixing windfall component equal to 50 per centum of employee's windfall 
component which would be payable to employee if he were living, 15 per 
centum for children, parents 35 per centum, with family minimum of 35 
per centum and family maximum of 80 per centum, for provisions fixing 
such component equal to 30 per centum of the social security level 
widow's or widower's annuity which would be payable to such survivor if 
railroad service were covered by the Social Security Act, and clarified 
that divorced wives, remarried widows, and surviving divorced mothers do 
not receive a windfall amount.
    Subsec. (h). Pub. L. 97-35, Sec. 1119(h)(1), (4), designated 
existing provisions as subdiv. (1) and added subdiv. (2).
    Subsec. (h)(1). Pub. L. 97-35, Sec. 1119(h)(2), substituted ``during 
the period from January 1, 1975, to January 1, 1982 or, if earlier, to'' 
for ``during the period from January 1, 1975''.
    Pub. L. 97-35, Sec. 1119(h)(3), substituted ``pursuant to section 
202(k) or 202(q) of the Social Security Act and subsection (i)(2) of 
this section'' for ``pursuant to section 202(k) or 202(q) of the Social 
Security Act''.
    Subsec. (i)(1). Pub. L. 97-35, Sec. 1119(i)(1), substituted ``spouse 
or divorced wife'' for ``spouse'' in two places.
    Pub. L. 97-35, Sec. 1119(i)(2), inserted ``, after a reduction 
pursuant to section 231a(c)(2) of this title'' after ``for any month 
shall''.
    Pub. L. 97-35, Sec. 1119(i)(3), struck out ``wife's or husband's'' 
before ``insurance benefit''.
    Pub. L. 97-35, Sec. 1119(i)(4), inserted ``(before any deduction on 
account of work)'' after ``insurance benefit''.
    Subsec. (i)(2). Pub. L. 97-35, Sec. 1119(i)(1), substituted ``spouse 
or divorced wife'' for ``spouse'' in three places.
    1976--Subsec. (g). Pub. L. 94-547, Sec. 2(a), inserted references to 
spouses under subsection (e)(3) of this section in two places and 
inserted proviso that if a widow or widower of a deceased employee is 
entitled to an annuity under section 231a(a)(1) of this title and if 
either such widow or widower of such deceased employee completed ten 
years of service prior to Jan. 1, 1975, the amount of the annuity of 
such widow or widower under the preceding provisions of this subsection 
would be increased by an amount equal to the amount, if any, by which 
(A) the widow's or widower's insurance annuity to which such widow or 
widower would have been entitled, upon attaining age 65, under section 
5(a) of the Railroad Retirement Act of 1937 as in effect on Dec. 31, 
1974 (without regard to the proviso of that section or the first proviso 
of section 3(e) of that Act), on the basis of the deceased employee's 
remuneration and service prior to Jan. 1, 1975, increased by the same 
percentage, or percentages, as widow's and widower's insurance benefits 
under section 202 of the Social Security Act are increased during the 
period from Jan. 1, 1975, to the later of the date on which such widow's 
or widower's annuity under section 231a(a)(1) of this title began to 
accrue or the date on which such widow's or widower's annuity under 
section 231a(d)(1) of this title began to accrue, exceeds (B) the total 
of the annuity amounts to which the widow or widower was entitled (after 
any reductions pursuant to subsection (i)(2) of this section but before 
any deductions on account of work) under subsec. (f) of the section and 
the preceding provisions of this subsection as of the later of the date 
on which such widow's or widower's annuity under section 231a(a)(1) of 
this title began to accrue or the date on which such widow's or 
widower's annuity under section 231a(d)(1) of this title began to 
accrue.
    Subsec. (h). Pub. L. 94-547, Sec. 2(b), revised the benefit formula 
by providing that the additional benefit amount for the widows and 
widowers in question be equal to the difference between (A) the amount 
of the widow's or widower's insurance annuity which would have been 
payable under the 1937 Act railroad retirement formula on the basis of 
the deceased employee's remuneration and service prior to 1975, with 
this amount being increased by the percentages of benefit increases 
occurring during the period from Jan. 1, 1975, to the date on which the 
widow's or widower's survivor annuity or social security benefit, 
whichever is awarded latest, begins, and (B) the total amount of the two 
survivor annuity components payable to the widow or widower under this 
subchapter, after reduction due to the receipt of a social security 
benefit, as of the time the widow's or widower's survivor annuity or 
social security benefit, whichever is awarded latest, begins, with a 
proviso to assure that, where the widow or widower had been receiving a 
``windfall'' dual benefit as a spouse under this subchapter, the total 
annuity amounts, including dual benefit amounts, payable to that widow 
or widower will not be less than the annuity amounts, again including 
dual benefit amounts, which the widow or widower received as a spouse in 
the month preceding the employee's death.


                    Effective Date of 1983 Amendment

    Amendment by section 101(b) of Pub. L. 98-76 effective July 1, 1984, 
and applicable only with respect to awards in certain specified cases, 
see section 101(c) of Pub. L. 98-76, set out as a note under section 
231b of this title.
    Amendment by section 102(b), (c) of Pub. L. 98-76 effective Aug. 12, 
1983, see section 102(d) of Pub. L. 98-76, set out as a note under 
section 231b of this title.
    Amendment by section 106(h) of Pub. L. 98-76 effective Aug. 12, 
1983, except such amendment inapplicable to certain annuity amounts, see 
section 106(k) of Pub. L. 98-76, set out as a note under section 231a of 
this title.
    Section 406(b) of Pub. L. 98-76 provided that: ``The amendments made 
by this section [amending this section] shall be effective October 1, 
1981.''
    Section 407(b) of Pub. L. 98-76 provided that: ``The amendment made 
by this section [amending this section] shall be effective with respect 
to annuities awarded on and after the date of enactment [Aug. 12, 
1983].''


                    Effective Date of 1981 Amendment

    Amendment by section 1119(b)(5), (c), (h)(3), (i)(3) of Pub. L. 97-
35 effective Jan. 1, 1975, amendment by section 1119(b)(1) of Pub. L. 
97-35 not to apply with respect to annuities awarded before Oct. 1, 
1981, amendment by section 1119(d)(2), (h)(1), (4) of Pub. L. 97-35 
effective Aug. 13, 1981, amendment by section 1119(i)(4) of Pub. L. 97-
35 effective Jan. 1, 1982, and amendment by other provisions of section 
1119 of Pub. L. 97-35 effective Oct. 1, 1981, and applicable only with 
respect to annuities awarded on or after Oct. 1, 1981, see section 1129 
of Pub. L. 97-35, set out as a note under section 231 of this title.


                    Effective Date of 1976 Amendment

    Section 2(c) of Pub. L. 94-547 provided that: ``The amendments made 
by this section [amending this section] shall be effective with respect 
to annuities accruing for months after the month in which this Act is 
enacted [October, 1976]: Provided, however, That the amendments made by 
subsection (b) of this section [amending this section] shall not operate 
to decrease any annuity amounts awarded under section 4(h) of the 
Railroad Retirement Act of 1974 [subsec. (h) of this section] prior to 
the date on which these amendments become effective.''

                  Section Referred to in Other Sections

    This section is referred to in sections 231, 231a, 231b, 231d, 231e, 
231f, 231m, 231n, 231r, 231u of this title; title 2 section 905; title 
26 section 72; title 42 section 1395r.
