Page:United States Statutes at Large Volume 72 Part 1.djvu/1821

 72 S T A T. ]

PUBLIC LAW 8 5 - 9 2 7 - S E P T. 6, 1958

1779

burial of such individual, and to the extent that he or they will not have been reimbursed under section 5(f)(1) for having paid such expenses. If there be no person or persons so entitled, or if the total of such annuities exceeds the amount payable under this paragraph to such person or persons, such total, or the remainder thereof, as the case may be, shall be paid to the children, grandchildren, parents, or brothers and sisters of the deceased individual in the same manner as if such unpaid annuities were a lump sum payable under section 5(f) "(2) Insurance annuities under section 5 which will have become due a survivor of an employee but wdll not have been paid at the time of such survivor's death shall be payable to the person, if any, who is determined by the Board to be such employee's widow or widower and to have been living with such employee at the time of the employee'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 the children, grandchildren, parents, or brothers and sisters of the deceased employee in the same manner as if such unpaid annuities were a lump sum payable under section 5(f) (2). . . . "(3) Annuities under section 2(e) which will have become due a spouse of an individual but which will not have been paid at the time of such spouse's death shall be payable to the individual from whose employment such spouse's annuity derived and who will not have died before receiving payment of such annuities. If there be no such individual, such annuities shall be paid as provided in the last two sentences of paragraph (1) of this subsection as if such annuities were annuities due under section 2(a) to an individual but unpaid at the time of such individual's death. "(4) Applications for accrued and unpaid annuities provided for in paragraphs (1), (2), and (3) of this subsection shall be filed prior to the expiration of two years after the death of the person to whom such annuities were originally due. "(5) For the purposes of this subsection and paragraphs (1) and (2) of section 5(f) of this Act, a widow or widower of an individual shall be deemed to have been living with the individual at the time of the individual's death if the applicable conditions set forth in section 216 (h)(2) or (3) of the Social Security Act are fulfilled. "(6) If there is no person to whom all or any part of the annuity payments described in paragraph (1), (2), or (3) can be made, such payments or part thereof shall escheat to the credit of the Railroad Retirement Account." (d) Section 3(h) of such Act is amended by striking out "$2.50" and inserting in lieu thereof "$5". (e) Section 3 of such Act is further amended by adding at the end thereof the following new subsection: " (i) If the amount of any annuity computed under this section, or under section 2 or section 5, is not a multiple of $0.10, it shall be raised to the next higher multiple of $0.10." SEC. 2. (a) Section 5(f)(1) of the Railroad Retirement Act of 1937 is amended— (1) by striking out the first three sentences and inserting in lieu thereof the following: "Upon the death, after the month in which this Act is enacted, of a completely or partially insured employee who will have died leaving no widow, widower, child, or parent who would on proper application therefor be entitled to receive an annuity under this section for the month in which such death occurred, a lump sum of ten times the employee's basic amount shall be paid to the person, if any, who is determined by the

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45 USC 228c. ^5 USC 228c.

^s use 228e.

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