Page:United States Statutes at Large Volume 97.djvu/467

 PUBLIC LAW 98-76—AUG. 12, 1983 97 STAT. 435 (2) by inserting after the second sentence the following: "If the individual's 'average monthly compensation' is determined under subdivision (2) of subsection (b) of this section, the 'final average monthly compensation' for such individual shall be the average of the compensation for the 24 months in which the compensation determined for the purpose of subdivision (2) of subsection (b) of this section is the highest.". (c) The amendments made by this section shall be effective Octo- ber 1, 1983, and shall apply with respect to annuities awarded on or flitPT* th3.t dd.i^6 SEC. 405. (a) Section 3(f)(3) of the Railroad Retirement Act of 1974 is amended— (1) by inserting "and divorced wife" after "spouse" the first place it appears in the first sentence thereof; and (2) by striking out "such annuity or annuities" in the first sentence and inserting in lieu thereof "the annuities of the individual and spouse". (b) The amendments made by this section shall be effective October 1, 1981. SEC. 406. (a) Section 4(g)(4) of the Railroad Retirement Act of 1974 is amended by striking out "(e)(3)" in the second sentence and inserting in lieu thereof "(e)". (b) The amendments made by this section shall be effective Octo- ber 1, 1981. SEC. 407. (a) Section 4(i) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new subdivision: "(3) The annuity of any survivor under subsection (f) of this section shall be reduced, but not below zero, by the amount of any insurance benefit (before any deduction on account of work) payable to such survivor under title II of the Social Security Act, unless in computing the amount under subsection (f) a reduction was made for such insurance benefit pursuant to section 202(k) of the Social Security Act.". (b) The amendment made by this section shall be effective with respect to annuities awarded on and after the date of enactment. SEC. 408. Section 6(b)(1) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new sentence: "No lump sum shall be payable under this subdivision if the employee died leaving a surviving divorced wife who would on proper application therefore be entitled to receive an annuity under section 2(d) of this Act for the month in which the employee s death occurred.". SEC. 409. (a) Section 2(c)(2) of the Railroad Retirement Act of 1974 is amended by striking the period and inserting in lieu thereof the following: ", except that the annuity of a divorced wife who was previously entitled to a spouse annuity which was reduced under this subdivision shall be reduced by the same percentage as was applicable to the spouse annuity.". (b) The amendment made by this section shall be effective with respect to divorced wife annuities awarded on and after the date of enactment. SEC. 410. (a) Section 1(h) (as amended by section 403 of this Act) of the Railroad Retirement Act of 1974 is amended by adding at the end the following: "(8) Notwithstanding any other provision of this Act, for the purposes of sections 3(a)(1), 4(a)(1), and 4(f)(1), the term 'compensa- tion' includes any payment from any source to an employee or Effective date. 45 USC 231b note. 45 USC 231b. Effective date. 45 USC 231b note. 45 USC 231c. Effective date. 45 USC 231c note. 45 USC 231c. 42 USC 401. 42 USC 402. Effective date. 45 USC 231c note. 45 USC 231 e. Lump sum restriction. 45 USC 231a. 45 USC 231a. Effective date. 45 USC 231a note. 45 USC 231b, 231c.

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