
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(g)]
[CITE: 45USC231q]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 9--RETIREMENT OF RAILROAD EMPLOYEES
 
             SUBCHAPTER IV--RAILROAD RETIREMENT ACT OF 1974
 
Sec. 231q. Crediting service under Social Security Act

    (1) Except as provided in subdivision (2), the term ``employment'' 
as defined in section 216 of the Social Security Act [42 U.S.C. 416] 
shall not include service performed by an individual as an employee as 
defined in section 231(b) of this title.
    (2) For the purpose of determining (i) monthly insurance benefits 
under the Social Security Act [42 U.S.C. 301 et seq.] to an employee who 
will have completed less than ten years of service and to others 
deriving from him or her during his or her life and (ii) monthly 
insurance benefits and lump-sum death benefits under such Act with 
respect to the death of an employee who (A) will have completed less 
than ten years of service or (B) will have completed ten or more years 
of service but will not have had a current connection with the railroad 
industry at the time of his death, and for the purposes of section 203 
and section 216(i) of that Act [42 U.S.C. 403, 416(i)], section 
210(a)(9) of the Social Security Act [42 U.S.C. 410(a)(9)] and 
subdivision (1) of this section shall not operate to exclude from 
``employment'' under the Social Security Act service which would 
otherwise be included in such ``employment'' but for such sections. For 
such purpose, compensation paid in a calendar year shall, in the absence 
of evidence to the contrary, be presumed to have been paid in equal 
proportions with respect to all months in the year in which the employee 
will have been in service as an employee. In the application of the 
Social Security Act pursuant to this subdivision to service as an 
employee, all service as defined in section 231(d) of this title shall 
be deemed to have been performed within the United States.

(Aug. 29, 1935, ch. 812, Sec. 18, 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. 1349; amended Pub. L. 97-35, title XI, Sec. 1125, 
Aug. 13, 1981, 95 Stat. 639.)

                       References in Text

    The Social Security Act, referred to in par. (2), 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.


                               Amendments

    1981--Par. (2). Pub. L. 97-35 inserted ``and section 216(i)'' after 
``203''.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Jan. 1, 1975, see section 
1129(b)(2) of Pub. L. 97-35, set out as a note under section 231 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 231f of this title; title 42 
section 402.
