Page:United States Statutes at Large Volume 56 Part 1.djvu/234

 PUBLIC LAWS-CH. 227-APR. 8, 1942 Proviso. 54 Stat. 1016. 45 U. S. C. §228c-1 (1). Death benefits. 50 Stat. 312. 45 U.S.C. §228e. Post, p. 208. Proviso. Deductions. 54 Stat. 1017. 45 U. S. C. 5228c-1 (m). Additional annual appropriations au- thorized. 50 Stat. 316. 45 U.S.C. 228o. 53 Stat. 179. 26U.S.C. §§1500- 1537; Supp. I, § 1536. 49 Stat. 967; iO Stat. 307. 45U. .c.. 215- 228r. Additional cost of crediting designated military service. Calculation of actu- arial values. Interest. Submission of esti- mates. effective date of the increase: Provided, however, That if on the date the increase begins to accrue the individual has no spouse for whom the election of the joint and survivor annuity was made, the increase on a single life basis shall be added to the individual's annuity." SEC. 7. Immediately after subsection (1) of section 3A insert the following new subsection: "(m) In determining the amount of death benefits payable under section 5, there shall be added to the aggregate compensation (deter- mined as provided in section 5) an amount equal to $160 multiplied by the number of months in which the deceased was in creditable military service after December 31, 1936: Provided, That if, under any other Act of Congress, there is payable with respect to the death of the individual any gratuitous death benefit, allowance, or pension by reason of military service on the basis of which, in whole or in part, death benefits payable under section 5 are increased under the provisions of this subsection, the amount of such increase shall be reduced by the total amount payable under such other Act or, if such total amount is unascertainable in advance, by the actuarial value thereof, as determined by the Board." SEC. 8. Subsection (m) of section 3A is hereby amended to read as follows: "(n) In addition to the amount authorized to be appropriated in subsection (a) of section 15 of this Act, there is hereby authorized to be appropriated to the Railroad Retirement Account for each fiscal year, beginning with the fiscal year ending June 30, 1941, (i) an amount sufficient to meet the additional cost of crediting military service rendered prior to January 1, 1937, and (ii) an amount found by the Board to be equal to the amount of the total additional excise and income taxes which would have been payable during the pre- ceding fiscal year under Subchapter B of Chapter 9 of the Internal Revenue Code, as amended, with respect to the compensation, as defined in such Subchapter B, of all individuals entitled to credit under the Railroad Retirement Acts, as amended, for military service after December 31, 1936, if each of such individuals, in addition to compensation actually earned, had earned such compensation in the amount of $160 in each calendar month in which he was in such mili- tary service during such preceding fiscal year and such taxes were measured by all such compensation without limitation as to amount earned by any individual in any one calendar month. The additional cost of crediting nilitary service rendered prior to January 1 1937, shall be deemned to be the difference between the actuarial value of each annuity based in part on military service and the actuarial value of the annuity which would be payable to the same individual with- out regard to military service. In calculating these actuarial values, (1) whenever the annuity based in part on military service begins to accrue before age 60, the annuity without regard to military service shall be valued on the assumption of deferment to age 60, and when- ever the annuity based in part on military service is awarded under subsection 2 (a) of section 2 (a), the annuity without regard to mili- tary service shall be valued on the assumption of deferment to age 65; and (2) all such actuarial values shall be calculated as of the date on which the annuity based on military service begins to accrue and shall not thereafter be subject to change. All such actuarial calculations shall be based on the Combined Annuity Table of Mortality and all calculations in this subsection shall take into account interest at the rate of 3 per centum per annum compounded annually. The Railroad Retirement Board, as promptly as practicable after the enactment of this amendment, and thereafter annually, shall submit to the Bureau 206 [56 STAT.

�