Page:United States Statutes at Large Volume 56 Part 1.djvu/233

 56 STAT.] 77TH CONG., 2D SESS.-CH. 227-APR. 8, 1942 from; and the service of any individual in any reserve component of the land or naval forces of the United States, while serving in the land or naval forces of the United States for any period, even though less than thirty days, shall be deemed to have been active service in such force during such period." SEC. 3 . Subsection (c) of section 3A is hereby amended to read as follows: "(c) For the purpose of this section and section 202, as amended, a 'war service period' shall mean (1) any war period, or (2) with respect to any particular individual, any period during which such individual (i) having been in military service at the end of a war period, was required to continue in military service, or (ii) was required by call of the President, or by any Act of Congress or regulation, order, or proclamation pursuant thereto, to enter and con- tinue in military service, or (3) any period after September 7, 1939, with respect to which a state of national emergency was duly declared to exist which requires a strengthening of the national defense." SEC. 4 . Subsection (f) of section 3A is hereby amended to read as follows: "(f) Military service shall not be included in the years of service of an individual unless, prior to the beginning of his military service in a war service period and in the same calendar year in which such military service began, or in the next preceding calendar year, the individual rendered service for compensation to an employer or to a person service to which is otherwise creditable under this Act, or lost time as an employee for which he received remuneration, or was serving as an employee representative." SEC. 5 . Subsection (k) of section 3A is hereby amended to read as follows: "(k) No person shall be entitled to an annuity, or to an increase in an annuity, based on military service unless a specific claim for credit for military service is filed with the Board by the individual who rendered such military service, and in no case shall an annuity, or an increase in an annuity, based on military service begin to accrue earlier than sixty days prior to the date on which such claim for credit for military service was filed with the Board nor before October 8, 1940: Provided, That this subsection shall not be construed to prevent payment of annuities with respect to accruals, not based on military service, prior to the date on which an annuity based on military service began to accrue." SEC. 6 . Subsection (1) of section 3A is hereby amended to read as follows: "(1) An individual who, before the ninety-first day after the date on which this amendment of section 3A is enacted was awarded an annuity under the Railroad Retirement Act of 1937 or the Railroad Retirement of 1935, but who had rendered military service which, if credited, would have resulted in an increase in his annuity, may, not- withstanding the previous award of an annuity, file with the Board an application for an increase in such annity based on his military service. Upon the filing of such application, if the Board finds that the military service thus claimed is creditable and would result in an increase in the annuity, the Board, notwithstanding the previous award, shall recertify the annuity on an increased basis in the same manner as though the provisions making military service creditable had been in effect at the time of the original certification subject, however, to the provisions of subsection (k) of this section. If the annuity previously awarded is a joint and survivor annuity, the increased annuity shall be a joint and survivor annuity of the same type, the actuarial value of the increase to be computed as of the 54 Stat. 1015. 45 U. S. C. §228c-1 (c). "War service peri- od." 50 Stat. 318 . 45 U. S. C. §§216- 228 note. 54 Stat. 1015. 45 U. S. C. 228c-1 (f). Prior service re- quirement. 54 Stat. 1016 . 45U.S.. 228c-1 (k). Filing of specific claim. Provse. 64 Stat. 1016 . 45 U. S. C. 228c-1 (t). Increased annuity based on military service. 50 Stat. 307; 49 Stat. 967. 45U.S.C.i§215- 228r. Supra. Joint and survivor annuity. 205

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