Page:United States Statutes at Large Volume 95.djvu/663

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 637

month in which (A) the divorced wife or the individual dies or (B) the divorced wife remarries.". (d) Section 5(c) of such Act is amended by adding at the end thereof 45 USC 23ld. the following new subdivision: "(9) No annuity shall accrue with respect to the calendar month in which an annuitant dies. In cases where an individual entitled to an annuity under this Act disappears, no annuity shall accrue to that individual with respect to any month until and unless such individual is shown, by evidence satisfactory to the Board, to have continued in life throughout such month, but— "(A) where an annuity would accrue for such month under section 2(a)(l) to an individual who had a current connection with 45 USC 23ia. the railroad industry at the time of such individual's disappearance, and under section 2(c) to such individual's spouse, had such individual been shown to be alive during such month, such individual shall be deemed, for the purposes of benefits under section 2(d), to have died in the month in which such individual disappeared, and where an annuity would accrue for such month under section 2(a)(l) to an individual who did not have a current connection with the railroad industry at the time of such individual's disappearance, and under section 2(c) to such individual's spouse, had such individual been shown to be alive during such month, such individual shall be deemed, for purposes of benefits payable under section 2(c), to be alive during such month unless the death of such individual has been established or the annuity of the spouse of such individual is otherwise terminated under subsection (c)(3) of this section, and "(B) if such individual is later determined to have been alive during any of such months, recovery of any benefits paid on the basis of such individual's compensation under section 2(d) for the months in which such individual was not known to be alive, minus the total of the amounts that would have been paid as a spouse's annuity during such months (treating the application for a widow's or widower's annuity as an application for a spouse's annuity), shall be made in accordance with section 10. For purposes of the payment of benefits under this Act, the death of an individual shall be presumed based on such individual's unexplained absence of not less than seven years, except that whenever the death of an individual is so established, such individual shall be deemed to have died in the month in which such individual QiS3.13T)6d.r6d

SEC. 1121.'(a) Section 6(a)(3) of the Railroad Retirement Act of 1974 45 USC 23ie. is amended— (1) by striking out "spouse" and inserting "spouse or divorced wife" in lieu thereof; and (2) by striking out "spouse's" and inserting "spouse's or divorced wife's" in lieu thereof. (b) Section 6(b)(2) of the Railroad Retirement Act of 1974 is amended by inserting "surviving divorced wife," after "widow," the first place it appears. (c) Section 6(c) of the Railroad Retirement Act of 1974 is amended— (1) by adding the following new sentence at the end of subdivision (1): "After a lump sum with respect to the death of an employee is paid pursuant to an election filed with the Board under the provisions of this subsection, no further benefits shall be paid under this Act or the Social Security Act on the basis of 42 USC 1305. such employee's compensation and service under this Act, except that nothing in this Act or the Social Security Act shall operate

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