Page:United States Statutes at Large Volume 80 Part 1.djvu/1118

 1082

PUBLIC LAW 89-700-OCT. 30, 1966

[80 STAT.

as " (h) ", " (i) ", " (j) ", and " (k) ", respectively; by redesignating subsections " (n) ", " (o) ", " (p) ", " (q)", and " (r) " as " (1) ", " (m) ", " (n) ", " (o)", and " (p) ", respectively; by striking out the phrase "subsection (k) " in subsection " (k) " as redesignated, and inserting in lieu thereof "subsection (j) "; and by striking out " (p)(1) " in subsection " (1) " as redesignated and inserting in lieu thereof " (n)(1)". SEC. 105. (a) The first sentence of section 5(b) of the Railroad 45 USC 22^86. Ketirement Act of 1937 is amended by striking out "employee entitled to receive an annuity under subsection (c) " and inserting in lieu thereof "employee, which child (without regard to the provisions of Post. p. 1084. subsection (I)(1) (ii)(B)) is entitled to receive an annuity under subsection (c),". (b)(1) The second sentence of such section 5(b) is amended by striking out "no child of the deceased employee is entitled" and inserting in lieu thereof "no child of the deceased employee (without regard to the provisions of subsection (1)(1) (ii)(B)) is entitled". (2) The proviso in said section 5(b) and the proviso in section 65 Stat. 685. 5(a) are each amended by striking out the words "subsection (e) of", 72 Stat. 1779. (c) Section 5(f)(1) of such Act is amended (1) by striking out the second sentence thereof and inserting in lieu thereof the following: "If there be no such widow or widower, such lump sum shall be paid— " (i) if all or part of the burial expenses of such insured individual which are incurred by or through a funeral home or funeral homes remain unpaid, to such funeral home or funeral homes to the extent of such unpaid expenses, but only if (A) any person who assumed the responsibility for the payment of all or any part of such burial expenses files an application, prior to the expiration of two years after the date of death of such insured individual, requesting that such payment be made to such funeral home or funeral homes, or (B) at least ninety days have elapsed after the date of death of such insured individual and prior to the expiration of such ninety days no person has assumed responsibility for the payment of any of such burial expenses; "(ii) if all of the burial expenses of such insured individual which were incurred by or through a funeral home or funeral homes have been paid (including payments made under clause (i)), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid such burial expenses; or "(iii) if any part of the amount payable under this subsection remains after payments have been made pursuant to clauses (i) and (ii), to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid other expenses in connection with the burial of such insured individual, in the following order of priority: (A) expenses of opening and closing the grave of such insured individual, (B) expenses of providing the burial plot of such insured individual, and (C) any remaining expenses in connection with the burial of such insured individual.", and (2) by striking out from the third sentence thereof all after the phrase "this paragraph" where it appears the second time in such sentence and inserting in lieu thereof the following: "to the widow or widower to whom a lump sum would have been payable under this paragraph except for the fact that a monthly benefit under this section was payable for the month in which the employee died and who will not have died before receiving payment of such lump sum." ' 73^statr27!^^' (d)(1) Section 5(f)(2) of such Act is amended by inserting after "1961" the following: ", and before January 1, 1966, plus an amount equal to the total of all employee taxes payable by him or her after

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