Page:United States Statutes at Large Volume 80 Part 1.djvu/1119

 80 STAT. ]

PUBLIC LAW 89-700-OCT. 30, 1966

December 31, 1965, under the provisions of section 3201 of the Railroad Retirement Tax Act, plus one-half of 1 per centum of the compensation on which such taxes were payable, deeming the compensation attributable to creditable military service rendered after June 30, 1963, to be taxable compensation, and one-half of the taxes payable by an employee representative under section 3211 of the Railroad Retirement Tax Act to be employee taxes payable under section 3201 of such Act". The said section 5(f)(2) is further amended by striking out the colon before the proviso and inserting in lieu thereof the following: "(for this purpose, payments to providers of services under section 21 of this Act and the amount of the employee tax attributable to so much in tax rate as is derived from section 3101(b) of the Internal Revenue Code of 1954, shall be disregarded):". (2) The said section 5(f)(2) is further amended by striking out the phrase "upon attaining retirement age (as defined in section 216(a) of the Social Security Act) " wherever it appears and inserting in lieu thereof "upon attaining the age of eligibility". (e) Section 5(g) of such Act is amended by striking out paragraph (3) thereof. (f) Section 5(i) of such Act is amended by inserting in paragraph 3(i) after "Retirement Acts" the following: "as in effect before 1947" and by striking out the word "and"; by inserting after "employee" in paragraph 3(ii) "before 1947", and by changing the period to a semicolon and inserting thereafter the word "and"; by inserting after paragraph 3(ii) the following: "(iii) any lump-sum benefit, paid to the same person, with respect to the death of such employee under subsection (f)(2) "; and by inserting after paragraph (3) thereof the following new paragraph: "(4) Any annuity for a month prior to the month in which application is filed shall be reduced, to any extent that may be necessary, so that it will not render erroneous any annuity which, before the filing of such application, the Board has certified for payment for such prior month."; and by changing " (4) " to " (5) " in the last paragraph thereof. (g) Section 5(i)(1) (ii) of such Act is amended by inserting before "; or" the following: ": Provided, however, That in determining an individual's excess earnings for a year for the purposes of this section and section 3(e) there shall not be included his income from employment or self-employment during months beginning with the month with respect to which he ceases to be qualified for an annuity or ceases, without regard to the effect of excess earnings, to be included in the computation under section 3(e)". (h) Section 5(j) of such Act is amended by inserting before the period at the end thereof the following: ": Provided, however, That the annuity of a child qualified under subsection (l)(l) ( i i)(C) of this section shall cease to be payable with the month preceding the third month following the month in which he ceases to be unable to engage in any regular employment by reason of a permanent physical or mental condition unless in the month herein first mentioned he qualifies for an annuity under one of the other provisions of this Act". (i) Section 5(k)(1) of such Act is amended by striking out "section 210(a) (10)" and inserting in lieu thereof "section 210(a)(9)". (j)(l) Section 5(l)(l) ( i i) of such Act is amended by striking out "or uncle" and inserting in lieu thereof "uncle, brother or sister". (2) The said section 5(l)(l) ( i i) is further amended by striking out "and shall be less than eighteen years of age, or shall have a permanent physical or mental condition which is such that he is unable to engage in any regular employment: Provided, That such

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^^ Stat. 1098. 45 USC 228c.

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