Page:United States Statutes at Large Volume 90 Part 2.djvu/1056

 90 STAT. 2524

PUBLIC LAW 94-547—OCT. 18, 1976

have received for the month of January 1975 if this Act had not been enacted: Provided, however, That the amount of such annuity shall be subject to reduction in accordance with the provi45 USC 402. sions of section 202(k) or 202 (q) of the Social Security Act, other than a reduction on account of age, in the same manner as any wife's insurance benefit or husband's insurance benefit payable under section 202 of the Social Security Act and shall also be subject to reduction in accordance with the provisions of sec45 USC 231c. tion 4(i) of the Eailroad Ketirement Act of 1974;". Effective date. (d) The amendments made by this section shall be effective Jan45 USC 231 note. uary 1, 1975: Provided, however, That the increases in annuities effective June 1, 1975, and June 1, 1976, shall be in the amount which would have been provided if this Act had not been enacted. Survivor SEC. 2. (a) Section 4(g) of the Railroad Eetirement Act of 1974 is annuities. amended— 45 USC 231c. (1) By striking out "subsections (a) and (b) of this section" each time it appears therein and inserting in lieu thereof "subsections (a), (b), and (e)(3) of this section"; and (2) By inserting immediately after '"Provided, however, the following: "That if a widow or widower of a deceased employee is 45 USC 231a. entitled to an annuity under section 2(a)(1) of this Act and if either such widow or widower or such deceased employee will have completed ten years of service prior to January 1, 1975, the amount of the annuity of such widow or widower under the preceding provisions of this subsection shall be increased by an amount equal to the amount, if any, by which (A) the widow's or widower's insurance annuity to which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Eailroad Eetirement Act of 1937 45 USC 231d. as in effect on December 31, 1974 (without regard to the proviso of that section or the first proviso of section 3(e) of that Act), on the 45 USC 231b. basis of the deceased employee's renmneration and service prior to January 1, 1975, increased by the same percentage, or percentages, as widow's and widower's insurance benefits under section 202 of the Social Security Act are increased during the period from January 1, 1975, to the later of the date on which such widow's or widower's annuity under section 2(a)(1) of this Act began to accrue or the date on which such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue, exceeds (B) the total of the annuity amounts to which such widow or widower was entitled (after any reductions pursuant to subsection (i)(2) of this section but before any deductions on account of work) under the preceding provisions of this subsection and subsection (f) of this section as of the later of the date on which such widow's or widower's annuity under section 2(a)(1) of this Act began to accrue or the date on which such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue: Provided furt'her,''\ (b) Section 4 of such Act is further amended by striking out subsection (h) and all that appears therein and inserting in lieu thereof the following: "(h) The amount of the annuity of the widow or widower of a deceased employee determined under subsections (f) and (g) of this section, if such deceased employee will have completed ten years of service prior to January 1, 1975, and such widow or widower will have been permanently insured under the Social Security Act of December 31, 1974, shall be increased by an amount equal to the amount, if any, by which (A) the widow's or widower's insurance annuity to

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