Page:United States Statutes at Large Volume 49 Part 1.djvu/1013

 968 74TH CONGRESS. SESS. I. CH. 812. AUGUST 29, 1935. s hall not exclud e any pa rt of t he gener al stea m-railro ad syst em of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Board or upon complaint of any party interes ted to d etermin e after hearing whethe r any li ne oper ated by electric power falls within the terms of this proviso. "Employee." (b) The term "employee" means any person (1) who shall be at the enactment hereof or shall have been at any time after the enactment hereof in the service of a carrier, or who shall be at the enactment hereof or shall have been at any time after the enactment hereof in the employment relation to a carrier, and (2) each officer or othe r offici al repr esentati ve of a n " employee organization ", herein called " repr esentative " who before or after the enactment hereof has performed service for a carrier, who at the enactment hereof or at any time after the enactment is or shall be duly desig- nated and aut horized to repr esent e mployees in acc ordance with th e Railway Labor Act, and who, during, or immediately following employment by a carrier, is, shall be, or shall have been engaged in su ch repre sentati ve servi ce in b ehalf of such e mployees. Persons deemed in (c) A person shall be deemed to be in the service of a carrier service of carrier. whenever he may be subject to its continuing authority to supervise and direct the manner of rendition of his service, for which service he re ceives c ompensa tion. Persons. in em plo y- (d) A person is in the employment relation to a carrier when mentrelation. furlo ughed or on lea ve of ab sence, and subj ect to call for servic e and ready and willing to serve, all in accordance with the estab- lished rules and practices usually in effe ct on railroads. "Service period." (e) The term ` service period " means the total service of a person for one or more carriers whether or not continuously performed either before or after the effective date, and includes as one month every calendar month during which such person has rendered serv- ice to a carrier for compensation and includes as one year every twelve such months . An ultimate fraction of six months or more shall be computed as one year. "An nui ty ." (f) The term " annuity " means a fixed sum payable at the begin- ning of each month during retirement, ceasing at death except as othe rwise p rovided in sect ion 5 h ereof or at res umption of serv ice for which an employee receives compensation . "Compensation ." (g) The term " compensation " means any form of money remun- eration for service, received by an employee from a carrier, includ- ing salaries and commissions, but shall not include free transporta- tion nor any payment received on account of sickness, disability, pensions, or other form of relief. "Retirement ." (h) The term "retirement" means the status of cessation of compensated service with the right to receive an annuity. "Age ." (i) The term "age" means age at the latest attained birthday. "Board." (j) The term " Board " means the Railroad Retirement Board. "Effective date ." (k) The term "effective date " means the 1st day of March 1936. ('Enactment." (1) The term "enactment" means the date on which this Act shall become a law . RE TIR EM ENT SEC. 2 . Upon the attainment of sixty-five years of age and con- tinuance in service by the employee (but not before the effective date of this Act), the annuity of such employee shall be reduced one-fifteenth for every year of such continued service beyond the age of sixty-five years ; except that such reduction shall not apply during any period, beginning at the age of sixty-five and not extend- ing beyond the age of seventy, while the employee is continued in employment under an agreement in writing between the carrier and Retirement. Annuity of employee con tin ued in se rvi ce after attaining age of sixty-f ive . Exception.