Page:United States Statutes at Large Volume 70.djvu/933

 70 S T A T. ]

PUBLIC LAW 881-AUG. 1, 1956

877

(B) by striking out "for military service after December 31, 1936" and inserting in lieu thereof "for military service after December 31, 1936, and prior to January 1, 1957"; and (C) by inserting before the period at the end thereof a comma and the following: "and (3) an amount found by the Board to be equal to (A) the amount of the total additional excise and income taxes which would have been payable during the preceding fiscal year under chapter 22 of the Internal Revenue Code of 1954 with ol^us^c sVo respect to the compensation, as defined in such chapter, of all 3233. individuals entitled (without regard to subsection (p)(1) of this section) to credit under this Act for military service after Decem-. ber 1956 if each of such individuals, in addition to compensation actually paid, had been paid such compensation in the amount of $160 in each calendar month in which he was in such military service during such preceding fiscal year and such taxes were measured by all such compensation without limitation as to amount paid to any individual in any one calendar month, less (B) the amount of the taxes which were paid with respect to such military service under sections 3101 and 3111 of the Internal,.\\ ^ s c 3101, Revenue Code of 1954". . (2) Section 4(n) of such Act is further amended by adding at the end thereof the following new sentence: "In determining pursuant to section 5(k)(2) for any fiscal year the total amount to be credited from the Railroad Retirement Account to the Old-Age and Survivors Insurance Trust Fund, credit shall be given such Account for the amount of the taxes described in clause (3)(B) of the first sentence of this subsection." (c) Section 1(q) of the Railroad Retirement Act of 1937 is amended J | s^°^- ^^^l' by striking out "as amended in 1954" and inserting in lieu thereof "as Ante, p. 836. amended in 1956". ANNUITIES UNDER THE CIVIL SERVICE RETIREMENT ACT

SEC. 409. Section 5 of the Civil Service Retirement Act of May 29, g^ulcVo??* 1930, as amended, is amended by inserting after the second paragraph thereof the following new paragraph: "Notwithstanding any other provision of this section, any service (other than service covered by military leave with pay from a civilian position) performed by an individual after December 1956 as a member of a uniformed service on active duty or active duty for training (as those terms are defined in section 102 of the Servicemen's and Veterans' Survivor Benefits Act) shall be excluded in determining the Ante, p. 858. aggregate period of service upon which an annuity payable under this Act to such individual or to his widow or child is to be based, if such individual or widow or child is entitled (or would upon proper application be entitled), at the time of such determination, to monthly oldage or survivors benefits under section 202 of the Social Security Act ^^^l^ ^^^'ari based on such individual's wages and self-employment income. If 876. ' * ' in the case of the individual or widow such service is not excluded under the preceding sentence, but upon attaining retirement age (as defined in section 216(a) of the Social Security Act) he or she becomes ^^ ^^^ ^^^' entitled (or would upon proper application be entitled) to such benefits, the Commission shall redetermine the aggregate period of service upon which such annuity is based, effective as of the first day of the month in which he or she attains such age, so as to exclude such service. The Secretary of Health, Education, and Welfare shall, upon the request of the Commission, inform the Commission whether or not any such individual or widow or child is entitled at any specified time to such benefits."

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