Page:United States Statutes at Large Volume 80 Part 1.djvu/1112

 1076

Ante, p. 1073.

45 u^sc 228^c^.'

es use 22^ ^8b

Ante, p. 1075. 45 USC 2^28e.

PUBLIC LAW 89-699-OCT. 30, 1966

[80 STAT.

average monthly wage is in excess of $400, only an average monthly wage of $400 shall be used: And provided further. That the amount of an annuity as computed under this subsection shall not be less than it would be had this Act not been amended in 1966. "(2) Notwithstanding the provisions of paragraph (1) of this subsection, and of subsection (e) of this section, the annuity of an individual for a month with respect to which a supplemental annuity under subsection (j) of this section accrues to him shall be computed or recomputed under the provisions of this subsection, or of subsection (e) of this section, as in effect before their amendment in 1966: Provided, however.. That if the application of the preceding provision of this paragraph would result in the amount of the annuity, plus the amount of a supplemental annuity (after adjustment under subsection (j)(2) of this section) payable to an individual for a month being lower than the amount which would be payable as an annuity except for such preceding provision, the annuity shall be in an amount which together with the amount of the supplemental annuity would be no less than the amount that would be payable as an annuity but for such preceding provision."' (c) Section 3(e) of such Act is amended by striking out all that precedes the first proviso and inserting in lieu thereof the following: " I n the case of an individual having a current connection with the railroad industry, the minimum annuity payable shall, before any reduc^'^^^ pursuant to section 2(a)(3), be whichever of the following is the least: (1) $5.35 multiplied by the number of his years of service; or (2) $89.35; or (3) 118 per centum of his monthly compensation except that the minimum annuity so determined shall be reduced in accord^ricQ, with the first two provisos in subsection (a)(1) of this section, but shall not be less than it would be had this Act not been amended in 1966:". (d) Section 5(h) of such Act is amended by striking out all that appears therein and substituting in lieu thereof the following: " MAXIMUM AND MINIMUM A N N U I T Y TOTALS,—Whenever according

to the provisions of this section as to annuities payable for a month with respect to the death of an employee, the total annuities is more than $38.84 and exceeds either (a) $207.15, or (b) an amount equal to (wo and two-thirds times such employee's basic amount, whichever of such amounts is the lesser, such total of annuities shall, after any de60 Stat. 731. ductions under subsection (i)-, be reduced to such lesser amount or to $38.84, whichever is greater. Whenever such total of annuities is less than $18.14, such total shall, prior to any deductions under subsection (i), be increased to $18.14: Provided., however., That the share of any individual in an amount so determined shall be reduced in accordance with the first two provisions in section 3(a)(1) of this Act except that the share of such individual shall not be less than it would be had this Act not been amended in 1966." "Basic amount." ^g) Section 5(1) (10) of such Act is amended— (1) by striking out all that appears in subdivision (i) and inserting in lieu thereof the following: "for an employee who will have been partially insured, or completely insured solely by virtue of paragraph (7)(i) or (7) ( i i), or both: the sum of (A) 52.4 per centum of his average monthly remuneration, up to and including $75; plus (B) 12.8 per centum of such average monthly remuneration exceeding $75 and up to and including $450; plus (C) 12 per centum of such average monthly remuneration exceeding $450 and up to and including an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in sec26 USC^*3uV' ^^^^^ ^^^^ "* ^^^' Infernal Revenue Code of 1954, plus (D) 1 per

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