
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 103(f)]
[CITE: 45USC231d]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 9--RETIREMENT OF RAILROAD EMPLOYEES
 
             SUBCHAPTER IV--RAILROAD RETIREMENT ACT OF 1974
 
Sec. 231d. Annuity beginning and ending dates


(a) Annuities under section 231a of this title

    Subject to the limitations set forth below, an annuity under section 
231a of this title shall begin with the month in which eligibility 
therefor was otherwise acquired, but--
        (i) not earlier than the date specified in the application 
    therefor;
        (ii) in the case of an applicant otherwise entitled to an 
    annuity under paragraph (iv) or (v) of section 231a(a)(1) of this 
    title or under section 231a(d)(1)(i) of this title on the basis of 
    disability, not earlier than the later of (A) the first day of the 
    sixth month following the onset date of the disability for which 
    such annuity is awarded or (B) the first day of the twelfth month 
    before the month in which the application therefor was filed;
        (iii) in the case of an applicant otherwise entitled to an 
    annuity under section 231a(a)(1), 231a(c), or 231a(d) of this title 
    where paragraph (ii) does not apply, not earlier than the latest of 
    (A) the first day of the sixth month before the month in which the 
    application therefor was filed, (B) the first day of the month in 
    which the application therefor was filed if the effect of beginning 
    such annuity in an earlier month would result in a greater age 
    reduction in the annuity, unless beginning the annuity in the 
    earlier month would enable an annuity under section 231a(c) of this 
    title which is not subject to an age reduction to be payable in such 
    earlier month, (C) in the case of an applicant otherwise entitled to 
    an annuity under section 231a(a)(1) or 231a(c) of this title, the 
    date following the last day of compensated service of the applicant, 
    or (D) in the case of an applicant otherwise entitled to an annuity 
    under section 231a(a)(1) or 231a(c) of this title, the first day of 
    the first month throughout which the applicant meets the age 
    requirement for the annuity applied for;
        (iv) in the case of an applicant otherwise entitled to an 
    annuity under section 231a(c)(4) or (d)(1)(v) of this title, not 
    earlier than the month an annuity would begin to accrue to such 
    individual under such section if section 202(j)(1) and section 
    202(j)(4) of the Social Security Act [42 U.S.C. 402(j)(1), (4)] were 
    applicable to this subchapter.\1\
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    \1\ So in original. The period probably should be a semicolon.
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        (v) an annuity amount provided by section 231b(h)(1) or 
    231b(h)(2) of this title shall not be paid to an individual 
    otherwise eligible therefor for any month before the month such 
    individual would be entitled, upon filing an application therefor, 
    to an old-age insurance benefit or a disability insurance benefit 
    under title II of the Social Security Act [42 U.S.C. 401 et seq.] 
    and an annuity amount provided by section 231b(h)(3) or section 
    231b(h)(4) of this title shall not be paid to an individual 
    otherwise eligible therefor for any month before the month such 
    individual would be entitled, upon filing an application 
    therefore,\2\ to an insurance benefit as a wife, husband, widow, or 
    widower under title II of the Social Security Act;
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    \2\ So in original. Probably should be ``therefor,''.
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        (vi) an annuity amount provided by section 231c(e)(1) or 
    231c(e)(2) of this title shall not be paid to a spouse otherwise 
    eligible therefor for any month prior to the month such spouse would 
    be entitled, upon filing an application therefor, to an old-age or 
    disability insurance benefit under title II of the Social Security 
    Act [42 U.S.C. 401 et seq.]; and
        (vii) an annuity amount provided by section 231c(e)(3) of this 
    title shall not be paid to a spouse otherwise eligible therefor for 
    any month prior to the month such spouse would be entitled, upon 
    filing an application therefor, to a wife's or husband's insurance 
    benefit under title II of the Social Security Act [42 U.S.C. 401 et 
    seq.].

For the purpose of determining annuity amounts provided under sections 
231b(a), 231c(a), and 231c(f) of this title, the provisions with respect 
to the beginning dates of annuities set forth in this subsection shall 
be deemed to govern the beginning dates of monthly benefits provided 
under the Social Security Act [42 U.S.C. 301 et seq.].

(b) Applications for payment

    An application for any payment under this subchapter shall be made 
and filed in such manner and form as the Board may prescribe. An 
application filed with the Board for an annuity under this subchapter 
shall, unless the applicant specifies otherwise, be deemed to be an 
application for any benefit to which such applicant may be entitled 
under this subchapter or title II of the Social Security Act [42 U.S.C. 
401 et seq.]. An individual who was entitled to an annuity under 
paragraph (iv) or (v) of section 231a(a)(1) of this title for the month 
preceding the month in which he attained retirement age (as defined in 
section 216(l) of the Social Security Act [42 U.S.C. 416(l)]), shall be 
deemed to have filed an application for an annuity under paragraph (i) 
of section 231a(a)(1) of this title on the date on which he attained 
retirement age (as defined in section 216(l) of the Social Security 
Act), and 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 preceding the month in which she or he attained age 60, shall be 
deemed to have filed an application for an annuity under such section 
231a(d)(1) of this title on the basis of age on the date on which she or 
he attained age 60.

(c) Individual's entitlement

    (1) An individual's entitlement to an annuity under paragraph (i), 
(ii), or (iii) of section 231a(a)(1) of this title or to a supplemental 
annuity under section 231a(b) of this title shall end with the month 
preceding the month in which he dies.
    (2) An individual's entitlement to an annuity under paragraph (iv) 
or (v) of section 231a(a)(1) of this title shall end on (A) the last day 
of the second month following the month in which he ceases to be 
disabled as provided for purposes of such paragraphs, (B) the last day 
of the month preceding the month in which he attains retirement age (as 
defined in section 216(l) of the Social Security Act [42 U.S.C. 416(l)]) 
or (C) the last day of the month preceding the month in which he dies, 
whichever first occurs.
    (3) The entitlement of a spouse of an individual to an annuity under 
section 231a(c) of this title shall end on the last day of the month 
preceding the month in which (A) the spouse or the individual dies, (B) 
the spouse and the individual are absolutely divorced, or (C) in the 
case of a wife who does not satisfy the requirements of clause (ii)(A) 
or (ii)(B) of section 231a(c)(1) of this title (other than a wife who is 
receiving such annuity by reason of an election under section 231a(c)(2) 
of this title), such wife no longer has in her care a child described in 
clause (ii)(C) of section 231a(c)(1) of this title, whichever first 
occurs. The entitlement of the divorced wife of an individual to an 
annuity under section 231a(c) of this title shall end on the last day of 
the month preceding the month in which (A) the divorced wife or the 
individual dies or (B) the divorced wife remarries.
    (4) The entitlement of a widow or widower of a deceased employee to 
an annuity under paragraph (i) of section 231a(d)(1) of this title on 
the basis of age shall end on (A) the last day of the month preceding 
the month in which she or he dies or (B) the last day of the month 
preceding the month in which she or he remarries after the employee's 
death, whichever first occurs.
    (5) The entitlement of a widow or widower of a deceased employee to 
an annuity under paragraph (i) of section 231a(d)(1) of this title on 
the basis of disability shall end on (A) the last day of the month 
preceding the month in which she or he dies, (B) the last day of the 
month preceding the month in which she or he remarries after the 
employee's death, (C) the last day of the second month following the 
month in which she or he ceases to be disabled as provided for purposes 
of such paragraph, or (D) the last day of the month preceding the month 
in which she or he attains age 60, whichever first occurs.
    (6) The entitlement of a widow of a deceased employee to an annuity 
under paragraph (ii) of section 231a(d)(1) of this title shall end on 
(A) the last day of the month preceding the month in which she dies, (B) 
the last day of the month preceding the month in which she remarries 
after the employee's death, or (C) the last day of the month preceding 
the month in which she no longer has in her care a child described in 
clause (B) of such paragraph (ii) whichever first occurs.
    (7) The entitlement of a child of a deceased employee to an annuity 
under paragraph (iii) of section 231a(d)(1) of this title shall end on 
(A) the last day of the month preceding the month in which he or she 
dies, (B) the last day of the month preceding the month in which he or 
she marries, (C) the last day of the month preceding the month in which 
he or she attains age 18 and does not meet the qualifications set forth 
in clause (B) or (C) of such paragraph (iii), (D) the last day of the 
month preceding (i) the month during no part of which he or she is a 
full-time elementary or secondary school student or (ii) the month in 
which he or she attains age 19, and does not meet the qualifications set 
forth in clause (A) or (C) of such paragraph (iii), or (E) the last day 
of the second month following the month in which he or she ceases to be 
disabled for purposes of such paragraph (iii) and does not meet the 
qualifications set forth in clause (A) or (B) of such paragraph (iii), 
whichever first occurs. A child whose entitlement to an annuity under 
paragraph (iii) of section 231a(d)(1) of this title terminated by reason 
of clause (E) of this subdivision because he or she ceased to be 
disabled and who again becomes disabled as provided in clause (C) of 
such paragraph (iii), may become reentitled to an annuity on the basis 
of such disability upon his or her application for such reentitlement. A 
child whose entitlement to an annuity under paragraph (iii) of section 
231a(d)(1) of this title terminated with the month preceding the month 
in which he or she attained age 18, or with a subsequent month, may 
again become entitled to such an annuity (providing no event to 
disqualify the child has occurred) beginning with the first month 
thereafter in which he or she meets the qualifications set forth in 
clause (B) or (C) of such paragraph (iii), if he or she has filed an 
application for such reentitlement.
    (8) The entitlement of a parent of a deceased employee to an annuity 
under paragraph (iv) of section 231a(d)(1) of this title shall end on 
the last day of the month preceding the month in which (A) such parent 
dies or (B) such parent remarries after the employee's death, whichever 
first occurs.
    (9) No annuity shall accrue with respect to the calendar month in 
which an annuitant dies. In cases where an individual entitled to an 
annuity under this subchapter disappears, no annuity shall accrue to 
that individual with respect to any month until and unless such 
individual is shown, by evidence satisfactory to the Board, to have 
continued in life throughout such month, but--
        (A) where an annuity would accrue for such month under section 
    231a(a)(1) of this title to an individual who had a current 
    connection with the railroad industry at the time of such 
    individual's disappearance, and under section 231a(c) of this title 
    to such individual's spouse, had such individual been shown to be 
    alive during such month, such individual shall be deemed, for the 
    purposes of benefits under section 231a(d) of this title, to have 
    died in the month in which such individual disappeared, and where an 
    annuity would accrue for such month under section 231a(a)(1) of this 
    title to an individual who did not have a current connection with 
    the railroad industry at the time of such individual's 
    disappearance, and under section 231a(c) of this title to such 
    individual's spouse, had such individual been shown to be alive 
    during such month, such individual shall be deemed, for purposes of 
    benefits payable under section 231a(c) of this title, to be alive 
    during such month unless the death of such individual has been 
    established or the annuity of the spouse of such individual is 
    otherwise terminated under subsection (c)(3) of this section, and
        (B) if such individual is later determined to have been alive 
    during any of such months, recovery of any benefits paid on the 
    basis of such individual's compensation under section 231a(d) of 
    this title for the months in which such individual was not known to 
    be alive, minus the total of the amounts that would have been paid 
    as a spouse's annuity during such months (treating the application 
    for a widow's or widower's annuity as an application for spouse's 
    annuity), shall be made in accordance with section 231l of this 
    title.

For purposes of the payment of benefits under this subchapter, the death 
of an individual shall be presumed based on such individual's 
unexplained absence of not less than seven years, except that whenever 
the death of an individual is so established, such individual shall be 
deemed to have died in the month in which such individual disappeared.

(Aug. 29, 1935, ch. 812, Sec. 5, 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. 1332; amended Pub. L. 97-35, title XI, Sec. 1120, Aug. 
13, 1981, 95 Stat. 636; Pub. L. 98-76, title I, Secs. 103(a), 104(c), 
106(i), (j), Aug. 12, 1983, 97 Stat. 415, 416, 418.)

                       References in Text

    The Social Security Act, referred to in subsecs. (a) and (b), 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.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-76, Sec. 103(a)(1), substituted 
``Subject to the limitations set forth below, an annuity'' for ``An 
annuity'' in provisions preceding cl. (i).
    Pub. L. 98-76, Sec. 103(a)(3), inserted provision following cl. 
(vii) that for purpose of determining annuity amounts provided under 
sections 231b(a), 231c(a), and 231c(f) of this title, provisions with 
respect to beginning dates of annuities set forth in this subsection 
shall be deemed to govern beginning dates of monthly benefits provided 
under Social Security Act.
    Subsec. (a)(ii). Pub. L. 98-76, Sec. 103(a)(2), amended cl. (ii) 
generally, substituting ``in the case of an applicant otherwise entitled 
to an annuity under paragraph (iv) or (v) of section 231a(a)(1) of this 
title or under section 231a(d)(1)(i) of this title on the basis of 
disability, not earlier than the later of (A) the first day of the sixth 
month following the onset date of the disability for which such annuity 
is awarded or (B) the first day of the twelfth month before the month in 
which the application therefor was filed'' for ``not earlier than the 
first day of the twelfth month before the month in which the application 
therefor was filed''.
    Subsec. (a)(iii). Pub. L. 98-76, Sec. 103(a)(2), amended cl. (iii) 
generally. Prior to amendment, cl. (iii) read as follows: ``in the case 
of an applicant otherwise eligible for an annuity under section 
231a(a)(1) or 231a(c) of this title not earlier than the date following 
the last day of compensated service of the applicant; and''.
    Subsec. (b). Pub. L. 98-76, Sec. 106(i), substituted ``retirement 
age (as defined in section 216(l) of the Social Security Act)'' for 
``the age of 65'' and ``age 65''.
    Subsec. (c)(2). Pub. L. 98-76, Sec. 106(j), substituted ``retirement 
age (as defined in section 216(l) of the Social Security Act)'' for 
``age 65''.
    Subsec. (c)(7)(D)(i). Pub. L. 98-76, Sec. 104(c)(1), substituted 
``full-time elementary or secondary school student'' for ``full-time 
student''.
    Subsec. (c)(7)(D)(ii). Pub. L. 98-76, Sec. 104(c)(2), substituted 
``19'' for ``22''.
    1981--Subsec. (a)(iv) to (vii). Pub. L. 97-35, Sec. 1120(a), added 
pars. (iv) to (vii).
    Subsec. (b). Pub. L. 97-35, Sec. 1120(b), substituted ``title II of 
the Social Security Act'' for ``the Social Security Act''.
    Subsec. (c)(3). Pub. L. 97-35, Sec. 1120(c), inserted provision that 
entitlement of the divorced wife of an individual to an annuity under 
section 231a(c) shall end on the last day of the month preceding the 
month in which (A) the divorced wife or the individual dies or (B) the 
divorced wife remarries.
    Subsec. (c)(9). Pub. L. 97-35, Sec. 1120(d), added subdiv. (9).


                    Effective Date of 1983 Amendment

    Section 103(b) of Pub. L. 98-76 provided that: ``The amendments made 
by this section [amending this section] shall become effective on the 
first day of the first month beginning after the date of the enactment 
of this Act [Aug. 12, 1983], and shall apply only with respect to 
annuities awarded on the basis of applications filed on or after that 
day.''
    Amendment by section 104(c) of Pub. L. 98-76 effective with respect 
to annuities accruing for months after Aug. 1983, with certain 
exceptions, see section 104(d) of Pub. L. 98-76, set out as a note under 
section 231a of this title.
    Amendment by section 106(i), (j) 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.


                    Effective Date of 1981 Amendment

    Amendment by section 1120(a), (d) of Pub. L. 97-35 effective Jan. 1, 
1975, amendment by section 1120(b) of Pub. L. 97-35 effective Oct. 1, 
1981, and amendment by other provisions of section 1120 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.
