Page:United States Statutes at Large Volume 65.djvu/723

 65 STAT.]

PUBLIC LAW 234—OCT. 30, 1951

689

(4) Paragraph (1) of the said subsection (1) is further amended by substituting for all the matter which follows subdivision (iii) the following: "A 'widow' or 'widower' shall be deemed to have been living with the employee if the conditions set forth in section 216 (h)(2) or (3), whichever is applicable, of the Social Security Act ^ u^g c^'j^^^are fulfilled. A 'child' shall be deemed to have been dependent upon • • § *i6. a parent if the conditions set forth in section 202(d)(3), (4), or «u^s 0^5402 (5) of the Social Security Act are fulfilled (a partially insured mother being deemed currently insured). In determining for purposes of this section and subsection (f) of section 2 whether an applicant is the wife, husband, widow, widower, child, or parent of an employee as claimed, the rules set forth in section 216(h)(1) of the Social Security Act shall be applied;". ^ |t*|- s^i-j ^jg (b) Paragraph (4) of subsection (1) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by inserting after the table the following: "If upon computation of the compensation quarters of coverage in accordance with the above table an employee is found to lack a completely or partially insured status which he would have if compensation paid in a calendar year were presumed to have been paid in equal proportions with respect to all months in the year in which the employee will have been in service as an employee, such presumption shall be made." (c) Paragraph (6) of subsection (1) of section 5 of the Railroad « U.S.C. § 228€:. Retirement Act of 1937, as amended, is amended to read as follows: "(6) The term 'wages' shall mean wages as defined in section 209 of the Social Security Act (except that for the purposes of section 5 ^^^^ s*^*- ^^s; 53 Stat. (i)(1) (ii) of this Act such wages shall be determined without regard 42'U.S.C. § 409. to subsection (a) of said section 209). In addition, the term shall include (i) 'self-employment income' as defined in section 211(b) of 42u.'^s.c^§4n. the Social Security Act (and in determining 'self-employment income' the 'net earnings from self-employment' shall be determined as provided in section 211(a) of such Act and charged to correspond with the provisions of section 203(e) of such Act), and (ii) wages ^u^s c%403 deemed to have been paid under section 217(a) of the Social Security 64 Stat."512. Act on account of military service which is not creditable under section *^ ^" ^' ^' ^ *^^" 4 of this Act." (d) Paragraph (7) of subsection (1) of section 5 of the Railroad 45 U.S.C. § 228e. Retirement Act of 1937, as amended, is amended by inserting before the word "had" the phrase "completed ten years of service and will have"; and by inserting in the parenthetical phrase in subdivision (i), after the word "quarter" the following: "which is not a quarter of coverage and". (e) Paragraph (8) of subsection (1) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended to read as follows: "(8) An employee will have been 'partially insured' at the time of his death, whether before or after the enactment of this section, if it appears to the satisfaction of the Board that he will have completed ten years of service and will have had (i) a current connection with the railroad industry; and (ii) six or more quarters of coverage in the period ending with the quarter in which he will have died or in which a retirement annuity will have begun to accrue to him and beginning with the third calendar year next preceding the year in which such event occurs." (f) Paragraph (9) of subsection (1) of section 5 of the Railroad Retirement Act of 1937, as amended, is amended by changing the language before the first proviso to read as follows: "(9) An employee's 'average monthly remuneration' shall mean the quotient obtained by dividing (A) the sum of (i) the compensation paid to him after 1936 and before the quarter in which he will have

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