Page:United States Statutes at Large Volume 72 Part 1.djvu/1820

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PUBLIC LAW 85-927-SEPT. 6, 1958

[72 S T A T.

Public Law 85-927 September 6, 1958

[s. 2020]

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To amend the Railroad Retirement Act of 1937. the Railroad Unemployment Insurance Act, and the Social Security Act.

Be it enacted by the Senate and House of Representatives Railroad Retirement Act of 1937, United States of America in Congress assemhied,

amendments. "Monthly c o mpensation." 50 Stat. 311. 45 USC 228c.

of the

PART I—AMENDMENTS TO THE RAILUOAD RETIREMENT ACT OF 1937

1. (a) Section 3(c) of the Railroad Retirement Act of 1937 is amended by adding at the end thereof the following new sentence: "If the 'monthly compensation' computed under this subsection is not a multiple of $1. it shall be rounded to the next lower multiple of$l." 45 USC 228c. (b) Section 3(e) of such Act is amended by inserting at the end thereof the following new paragraph: "Period of dis"For the purposes of this subsection, the Board shall have the same ability." authority to determine a 'period of disability' within the meaning of 66 Stat. 771. section 216(i) of the Social Security Act, with respect to any employee 42 USC 416. who will have filed application therefor and (i) have compTeted ten years of service or (ii) have been awarded an annuity, as the Secretary of Health, Education, and Welfare would have to determine such a period under such section 216(i) if the employee met the requirements of clauses (A) and (B) of paragraph (3) of such section, considering for purposes of such determination that all his service as an employee 42 USC 401-425. after 1936 constitutes 'employment' within the meaning of title II of the Social Security Act and determining his quarters of coverage for such purposes by presuming his compensation in a calendar year to have been paid in equal proportions with respect to all months in which he will have been in service as an employee in such calendar year: Provided, That an application for an annuity filed with the Board on the basis of disability shall be deemed to be an application to determine such a period of disability, and such an application filed with the Board on or before the date of the enactment of this paragraph shall, for purposes of this subsection and section 216(i)(4) 42 USC 416. of the Social Security Act, be deemed filed after December 1954 and before July 1958: Provided further, That, notwithstanding any other provision of law, the Board shall have the authority to make such determination on the basis of the records in its possession or evidence otherwise obtained by it, and a determination by the Board with respect to any employee concerning such a 'period of disability' shall be deemed a final decision of the Board determining the rights of persons under this Act for purposes of section 11 of this Act. An application filed with the Board pursuant to this paragraph shall be deemed filed as of the same date also with the Secretary of Health, Education, and "Welfare for the purpose of determining a 'period of disability' under section 216(i) of the Social Security Act." 42 USC 416. 45 USC 228c. (c) Section 3(f) of such Act is amended to read as follows: Annuities. "(f)(1) Annuities under section 2(a) which will have become due an individual but will not have been paid at the time of such individual's death shall be payable to the person, if any, who is determined by the Board to be such individual's widow or widower and to have been living with such individual at the time of such individual's death and who will not have died before receiving payment of such annuities. If there be no such widow or widower, such annuities shall be payable to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid the expenses of SECTION

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