Page:United States Statutes at Large Volume 65.djvu/719

 65 STAT.]

PUBLIC LAW 234—OCT. 30, 1951

685

paragraph: Provided, however, That, in the case of any individual receiving or entitled to receive an annuity or pension on the day prior to the date of enactment of this paragraph, the reductions required by this paragraph shall not operate to reduce the sum of (A) the retirement annuity or pension of the individual, (B) the spouse's annuity, if any, and (C) the benefits under the Social Security Act which the individual and his family receive or are entitled to receive on the basis of his wages, to an amount less than such sum was before the enactment of this paragraph." SEC. 8. Subsection (e) of section 3 of the Kailroad Retirement Act of 1937, as amended, is amended by striking out the phrase "and not less than five years of service"; by changing the phrase "subsection 2 (a)(3) " to "section 2(a) 3 or the last paragraph of section 3(b) "; by changing "$3.60" to "$4.14" and "$60" to "$69"; and by changing the period at the end of the subsection to a colon and inserting after the colon the following: ^''Provided, however, That if for any entire month in which an annuity accrues and is payable under this Act the annuity to which an employee is entitled under this Act (or would have been entitled except for a reduction pursuant to section 2(a) 3 or a joint and survivor election), together with his or her spouse's annuity, if any, or the total of survivor annuities under this Act deriving from the same employee, is less than the amount, or the additional amount, which would have been payable to all persons for such month under the Social Security Act (deeming completely and partially insured indi- ^^49 Stat. 620; 64 Stat. viduals to be fully and currently insured, respectively, and disregard- 42 U.S.C. s§ 1305, ing any possible deductions under subsections (f) and (g)(2) of section 203 thereof) if such employee'service as an employee after December 31, 1936, were included in the term 'employment' as defined in that Act and quarters of coverage were determined in accordance with section 5(1)(4) of this Act, such annuity or annuities, shall be increased proportionately to a total of such amount or such additional amount." SEC. 9. Section 3 of the Railroad Retirement Act of 1937, as 45 U.S.C. j 228c. amended, is amended by striking out subsection (h) thereof. SEC. 10. Subsection (i) of section 3 of the Railroad Retirement Act of 1937, as amended, is amended by redesignating it as subsection (h). SEC. 11. Subsection (a) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by inserting "and Widower's" 45 U.S.C. s 228e. after "Widow's"; by inserting "or widower" after "widow"; by inserting "or his" after "her", by inserting "or he" after "she"; by striking out the phrase "three-fourths of"; and by changing the period at the end thereof to a colon, and by inserting after the colon the following: '''•Provided, however, That if in the month preceding the employee's death the spouse of such employee was entitled to a spouse's annuity under subsection (e) of section 2 in an amount greater than the widow's or widower's insurance annuity, the widow's or widower's insurance annuity shall be increased to such greater amount." SEC. 12. Subsection (b) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by striking out the phrase "threefourths of"; and by changing the period at the end thereof to a colon and inserting after the colon the following: ^''Provided, however, That if in the month preceding the employee's death the spouse of such employee was entitled to a spouse's annuity under subsection (e) of section 2 in an amount greater than the widow's current insurance annuity, the widow's current insurance annuity shall be increased to such greater amount." SEC. 13. Subsection (c) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by substituting for the phrase "one-half" the phrase "two-thirds".

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