Page:United States Statutes at Large Volume 62 Part 1.djvu/607

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 608-JUNE 23, 1948 SEa. 2. Subsection (f) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by inserting "(1)" before "Upon", by striking out "this subsection" wherever it occurs and inserting in lieu thereof "this paragraph", and by adding at the end thereof the following new paragraph: "(2) Whenever it shall appear, with respect to the death of an employee on or after January 1 1947, that no benefits, or no further benefits, other than benefits payable to a widow or parent upon attain- ing age sixty-five at a future date, will be payable under this section or, pursuant to subsection (k) of this section, under section 202 of the Social Security Act, as amended, there shall be paid to such person or persons as the deceased employee may have designated by a writing filed with the Board prior to his death, or if there be no designation, to the person or persons in the order provided in paragraph (1) of this subsection or, in the absence of such person or persons, to his estate, a lump sum in an amount equal to the sum of 4 per centum of his compensation paid after December 31, 1936, and prior to Janu- ary 1, 1947, and 7 per centum of his compensation after December 31, 1946 (exclusive in both cases of compensation in excess of $300 for any month), minus the sum of all benefits paid to him, or to others by reason of his death, under this Act and, pursuant to subsection (k) of this section, under section 202 of the Social Security Act, as amended: Provided, however, That if the employee is survived by a widow or parent who may upon attaining age sixty-five be entitled to further benefits under this section, or pursuant to subsection (k) of this section, under section 202 of the Social Security Act, as amended, such lump sum shall not be paid unless such widow or parent makes and files with the Board an irrevocable election, in such form as the Board may prescribe, to have such lump sum paid in lieu of all benefits to which such widow or parent might otherwise become entitled under this section or, pursuant to subsection (k) of this section, under section 202 of the Social Security Act, as amended. Such election shall be legally effective according to its terms. Nothing in this section shall operate to deprive a widow or parent making such election of any insurance benefits under section 202 of the Social Security Act as amended, to which such widow or parent would have been entitled had this section not been enacted. The term 'benefits' as used in this para- graph includes all annuities payable under this Act, lump sums pay- able under paragraph (1) of this subsection, and insurance benefits and lump-sum payments under section 202 of the Social Security Act, as amended. pursuant to subsection (k) of this section." SEC. 3 . The provisions of section 1 hereof shall apply to all annuities under section 2 of the Railroad Retirement Act of 1937, as amended, accruing during calendar months following the month of enactment hereof other than joint and survivor annuities heretofore awarded and survivor annuities deriving from joint and survivor annuities hereto- fore awarded; and the provisions of section 2 hereof shall be effective as of January 1, 1947. All annuities under the Railroad Retirement Act of 1935 and all joint and survivor annuities heretofore awarded and survivor annuities deriving from joint and survivor annuities heretofore awarded, accruing during the calendar months following the month of enactment hereof, and all pensions due in months follow- ing the first calendar month after the enactment hereof, shall be increased by 20 per centum. All recertifications required by reason of the provisions of this Act shall be made by the Railroad Retirement Board without application therefor. SEc. 4. Subsection (a) of section 8 of the Railroad Unemployment Insurance Act, as amended, is amended by substituting the following for so much of said subsection as precedes the proviso: 68706'-4 --pt. 1- - -37 577 60 Stat. 729. 45 U.S. C. §228e (f). Lump-sum pay- ment upon death of employee. 45U.. s.. §228e (k). 49 Stat. 623. 42U.S.0.§402. Filing of irrevocable election. "Beneits." Annuities. 50 Stat. 309 . 45U. S. C. 228b. Increase in annuity. 49 8tat. 967 . 45U. S. C. 5§215- 228 note. Recertfieations 52 tat. 1102. 45 U. S. C. 1388 (a).

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