Page:United States Statutes at Large Volume 86.djvu/808

 766 72 Stat. 1028; 81 Stat. 860. 42 USC 416. 70 Stat. 815; 72 Stat. 1020; 81 Stat. 867. 42 USC 423.

53 Stat. 1362. 42 USC 401.

79 Stat. 364. 42 USC 415.

60 Stat. 733; 65 Stat. 688; 82 Stat. 20. 45 USC 228e. 85 Stat. 101.

50 Stat. 312; 49 Stat. 967. 45 USC 228f, 215-228 notes.

Ante, p. 765.

Re certification.

Percentage adjustment.

PUBLIC LAW 92-460-OCT. 4, 1972

[86

STAT.

as such contained in section 216(e) of the Social Security Act; (vii) after an annuity has been certified for payment and such first proviso was inapplicable after allowing for any waiting period under section 223(c)(2) of the Social Security Act, and after having considered the inclusion of all persons who were then eligible for inclusion in the computation under such first proviso, or was then applicable but later became inapplicable, any recertification in such annuity under such first proviso shall not take into account individuals not entitled to an annuity under section 2 or 5 of this Act except a spouse who could qualify for an annuity under section 2(h) of this Act when she attains age sixty-two if the employee from whom the spouse's annuity would derive had attained age sixty-five, and who was married to such employee at the time he applied for the employee annuity; (viii) in computing the amount to be paid under such first proviso, the only benefits under title II of the Social Security Act which shall be considered shall be those to which the individuals included in the computation are entitled; (ix) the average monthly wage for an employee during his lifetime shall include (A) only his wages and self-employment income creditable under the Social Security Act through the later of December 31, 1971, or December 31 of the year preceding the year in which his annuity began to accrue, and (B) his compensation up to the date his annuity began to accrue; and (x) in computing the average monthly wage in clause (ix) above, section 215(b)(2)(C) (ii) of the Social Security Act shall, solely for the purpose of including compensation up ty» the date the employee's annuity began to accrue, be deemed to read as follows: 'the year succeeding the year in which he died or retired' "; and (2) by striking out in the third paragraph thereof ", or on application, would be". (e) Section 5(1)(1) of such Act is amended by striking out from the first sentence thereof "and (g) " and inserting in lieu thereof " (g), and(k)". (f) Section 5 of such Act is further amended by inserting at the end thereof the following new subsection: " (p) A survivor's annuity computed under the preceding provisions of this section (except an annuity in the amount determined under the proviso in subsection (a) or (b)) shall (before any reduction on account of age) be increased by 20 per centum." S E C 2. (a) All pensions under section 6 of the Railroad Retirement Act of 1937, all annuities under the Railroad Retirement Act of 1935, and all survivor annuities deriving from joint and survivor annuities under the Railroad Retirement Act of 1937 shall be increased by 20 per centum. (b) All such widows' and widowers' insurance annuities which are payable in the amount of the spouse's annuity to which the widow or widower was entitled, shall, in cases where the employee died prior to October 1, 1972, be increased by 20 per centum. (c) All such joint and survivor annuities shall be computed under section 3(a) of the Railroad Retirement Act of 1937 and shall be reduced by the percentage determined in accordance with the election of such annuity. SEC. 3. All recertifications required by reason of the amendments made by this Act shall be made by the Railroad Retirement Board without application therefor. SEC. 4, JFor the purposes of approximating the offsets in railroad retirement benefits for increases in social security benefits by reason of amendments prior to the Social Security Amendments of 1971, the Railroad Retirement Board is authorized to prescribe adjustments in

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