Page:United States Statutes at Large Volume 115 Part 1.djvu/902

 115 STAT. 880 PUBLIC LAW 107-90—DEC. 21, 2001 Applicability. (1) GENERALLY.— Except as provided in paragraph (2), the amendments made by this section shall apply to annuities that begin to accrue on or after January 1, 2002. (2) EXCEPTION. —The amount of the annuity provided for a spouse under section 4(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231c(a)) shall be computed under section 4(a)(3) of such Act, as in effect on December 31, 2001, if the annuity amount provided under section 3(a) of such Act (45 U.S.C. 231b(a)) for the individual on whose employment record the spouse annuity is based was computed under section 3(a)(3) of such Act, as in effect on December 31, 2001. SEC. 103. VESTING REQUIREMENT. (a) CERTAIN ANNUITIES FOR INDIVIDUALS.— Section 2(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231a(a)) is amended— (1) by inserting in subdivision (1) "(or, for purposes of paragraphs (i), (iii), and (v), five years of service, all of which accrues after December 31, 1995)" after "ten years of service"; and (2) by adding at the end the following new subdivision: "(4) An individual who is entitled to an annuity under paragraph (v) of subdivision (1), but who does not have at least ten years of service, shall, prior to the month in which the individual attains age 62, be entitled only to an annuity amount computed under section 3(a) of this Act (without regard to section 3(a)(2) of this Act) or section 3(f)(3) of this Act. Upon attainment of age 62, such an individual may also be entitled to an annuity amount computed under section 3(b), but such annuity amoiint shall be reduced for early retirement in the same manner as if the individual were entitled to an annuity under section 2(a)(l)(iii).". (b) COMPUTATION RULE FOR INDIVIDUALS' ANNUITIES.—Section 3(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231b(a)), as amended by section 102 of this Act, is further amended by adding at the end the following new subdivision: "(3) If an individual entitled to an annuity under section 2(a)(l)(i) or (iii) of this Act on the basis of less than ten years of service is entitled to a benefit under section 202(a), section 202(b), or section 202(c) of the Social Security Act which began to accrue before the annuity under section 2(a)(l)(i) or (iii) of this Act, the annuity amount provided such individual under this subsection, shall be computed as though the annuity under this Act began to accrue on the later of (A) the date on which the benefit under section 202(a), section 202(b), or section 202(c) of the Social Security Act began, or (B) the date on which the individual first met the conditions for entitlement to an age reduced annuity under this Act other than the conditions set forth in sections 2(e)(l) and 2(e)(2) of this Act and the requirement that an application be filed.". (c) SURVIVORS' ANNUITIES. —Section 2(d)(1) of the Railroad Retirement Act of 1974 (45 U.S.C. 231a(d)(l)) is amended by inserting "(or five years of service, all of which accrues after December 31, 1995)" sifter "ten years of service". (d) LIMITATION ON ANNUITY AMOUNTS.—Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended by adding at the end the following new subsection: "(i) An individual entitled to an annuity under this section who has completed five years of service, all of which accrues after

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