Page:United States Statutes at Large Volume 56 Part 1.djvu/235

 77TH CONG. , 2D SESS.-CH. 227-APR. 8, 1942 of the Budget estimates of such military service appropriations to be made to the account, in addition to the annual estimate by the Board, in accordance with subsection (a) of section 15 of this Act, of the appropriation to be made to the account to provide for the payment of annuities, pensions and death benefits not based on military service. The estimate made in any year with respect to military service ren- dered prior to January 1, 1937, shall be based on the cost, as deter- mined in accordance with the above provisions, of annuities awarded or increased on the basis of such military service up to the close of the preceding fiscal year and not previously appropriated for, and shall take into account interest from the date the annuity began to accrue or was increased to the date or dates on which the amount appro- priated is to be credited to the Railroad Retirement Account. In mak- ing the estimate for the appropriation for military service rendered after December 31, 1936, the Board shall take into account any excess or deficiency in the appropriation or appropriations for such service in any preceding fiscal year or years, with interest thereon, resulting from an overestimate or underestimate of the number of individuals in creditable military service or the months of military service." SEC. 9 . Immediately after the subsection of section 3A which, as amended, is subsection (n), insert the following new subsection: "(o) Section 3A, as herein amended, shall be effective as of October 8, 1940. No rights shall be deemed to have accrued under section 3A which would not have accrued had this Act amending section 3A been enacted on October 8, 1940." SEC. 10. The third proviso of section 202 of said Act of June 24, 1937, is hereby amended to read as follows: "And provided further, That for the purposes of determining eligibility for an annuity and computing an annuity there shall also be included in an individual's service period, subject to and in accordance with the second proviso of subsection (a), subsections (b) to (e), inclusive, and subsections (g) to (1), inclusive, of section 3A of this Act, as amended, volun- tary or involuntary military service of an individual within or without the United States during any war service period, including such military service prior to the date of enactment of this amend- ment, if, 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 a carrier, or to a person, service to which is otherwise creditable or was serving as a repre- sentative; but such military service shall be included only subject to and in accordance with the provisions of the Railroad Retirement Act of 1935, in the same manner as though military service were service rendered as an employee. This proviso, as herein amended, shall be effective as of October 8, 1940. No right shall be deemed to have accrued under this proviso which would not have accrued had this amendment thereof been enacted on October 8, 1940." SEC. 11 . Immediately after section 18 of said Act of June 24, 1937, insert the following new section: "I NCOMPETENCE "SEC. 19. (a) Every individual receiving or claiming benefits, or to whom any right or privilege is extended, under this or any other Act of Congress now or hereafter administered by the Board shall be conclusively presumed to have been competent until the date on which the Board receives written notice, in a form and manner acceptable to the Board, that he is an incompetent, or a minor, for 207 50 Stat. 316. 45U.S.C.§2280. Basis. Ante, p. 206. Effective date. 50 Stat. 318. 45U.S. C. § 215-228 note. Inclusion of mili- tary service under 1935 Act. 54 Stat. 1014. 45U. S. C. §228c-1. Ante, pp. 204, 205. Prior service re- quirement. 49 Stat. 967. 45 U. 8. C. §J215- 228 note. Effective date. 50 Stat. 318 . 45 U.S . C. §228r. Presumption of competence. 56 STAT.]

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