Page:United States Statutes at Large Volume 95.djvu/664

 95 STAT. 638 42 USC 401.

45 USC 23if.

45 USC 231b.

PUBLIC LAW 97-35—AUG. 13, 1981 to deprive a widow, widower, or parent making such election of any insurance benefit under title II of the Social Security Act to which such individual would have been entitled if the employee had not rendered service as an employee under this Act,";

(2) by inserting after "section 21 of the Railroad Retirement Act of 1937," in the first sentence of subdivision (2) thereof the following: "any supplemental annuity payments made to the employee under section 2(b) of this Act or section 3(j) of the Railroad Retirement Act of 1937,"; and (3) by striking out "spouse" the first place it appears in subdivision (2) and inserting in lieu thereof "spouse or divorced wife". SEC. 1122. (a) Section 7(b) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "wife" in subdivision (2)(B) and inserting in lieu thereof "wife or divorced wife"; and

(2) by striking out "this Act and the" where it appears in the first sentence of subdivision (7) and inserting in lieu thereof "this Act, the Railroad Unemployment Insurance Act,". (b)(1) Section 7(d) of such Act is amended by striking out "; or" at the end of paragraph (i) of subdivision (2) and inserting in lieu thereof: "or (C) bears a relationship to an employee which, by reason of section 3(f)(3) of this Act, has been, or would be, taken into account in calculating the amount of the annuity of such employee; or". (2) Section 7(d)(2) of the Railroad Retirement Act of 1974 is amended by striking out "spouse" and inserting in lieu thereof "spouse or divorced wife". (c) Section 7(c) of the Railroad Retirement Act of 1974 is amended by striking out the period at the end of subdivision (1) and by inserting in lieu thereof the following: ", and payments of annuity

45 USC 231b, amounts made under sections 3(h), 4(e), and 4(h) of this Act and under ??\%r 9 1. Q sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93-445 46 u&u zdi note, gj^^j ^ jjj^^g J.J.QJJJ ^jjg Q^gQ Benefits Payments Account. In any fiscal year, the total amounts paid under such sections shall not exceed the total sums appropriated to the Dual Benefits Pa5mients Regulations. Account for that fiscal year. The Board shall prescribe regulations for allocation of annuity amounts which would without regard to such regulations be payable under sections 3(h), 4(e), and 4(h) of this Act and sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of Public Law 93-445 so that the sums appropriated to the Dual Benefits Payments Account for a fiscal year so far as practicable, are expended in equal monthly installments throughout such fiscal year, and are distributed so that recipients are paid annuity amounts which bear the same ratio to the annuity amounts such recipients would have received but for such regulations as the ratio of the total sums

45 USC 23ii.

appropriated to pay such annuity amounts bear to the total sums necessary to pay such annuity amounts without regard to such regulations. Notwithstanding any other provision of law, the entitlement of an individual to an annuity amount under section 3(h), 4(e), or 4(h) of this Act or section 204(a)(3), 204(a)(4), 206(3), or 207(3) of Public Law 93-445 for any month in which the amount payable to such individual is allocated under the regulations prescribed by the Board under this subsection shall not exceed the amount so allocated for that month to such individual.". SEC. 1123. Section 10(a) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new sentence: "The Board shall have the authority to recover from any payment which would be made to an individual by the Board under section

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