Pub. L. 85-927, pt. I, sec. 1

Section 1. (a) Section 3 (c) of the Railroad Retirement Act of 1937 is amended by adding at the end thereof the following new sentence: “If the ‘monthly compensation’ computed under this subsection is not a multiple of $1. it shall be rounded to the next lower multiple of $1.” (b) Section 3 (e) of such Act is amended by inserting at the end thereof the following new paragraph: “For the purposes of this subsection, the Board shall have the same authority to determine a ‘period of disability’ within the meaning of section 216 (i) of the Social Security Act, with respect to any employee who will have filed application therefor and (i) have completed ten years of service or (ii) have been awarded an annuity, as the Secretary of Health. Education, and Welfare would have to determine such a period under such section 216 (i) if the employee met the requirements of clauses (A) and (B) of paragraph (3) of such section, considering for purposes of such determination that all his service as an employee after 1936 constitutes ‘employment’ within the meaning of title II of the Social Security Act and determining his quarters of coverage for such purposes by presuming his compensation in a calendar year to have been paid in equal proportions with respect to all months in which he will have been in service as an employee in such calendar year: Provided, That an application for an annuity filed with the Board on the basis of disability shall be deemed to be an application to determine such a period of disability, and such an application filed with the Board on or before the date of the enactment of this paragraph shall, for purposes of this subsection and section 216 (i) (4) of the Social Security Act, be deemed filed after December 1954 and before July 1958: Provided further, That, notwithstanding any other provision of law, the Board shall have the authority to make such determination on the basis of the records in its possession or evidence otherwise obtained by it, and a determination by the Board with respect to any employee concerning such a ‘period of disability’ shall be deemed a final decision of the Board determining the rights of persons under this Act for purposes of section 11 of this Act. An application filed with the Board pursuant to this paragraph shall be deemed filed as of the same date also with the Secretary of Health, Education, and Welfare for the purpose of determining a ‘period of disability’ under section 216 (i) of the Social Security Act.” (c) Section 3 (f) of such Act is amended to read as follows: “(f) (1) Annuities under section 2(a) which will have become due an individual but will not have been paid at the time of such individual’s death shall be payable to the person, if any, who is determined by the Board to be such individual’s widow or widower and to have been living with such individual at the time of such individual’s death and who will not have died before receiving payment of such annuities. If there be no such widow or widower, such annuities shall be payable to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid the expenses of 72 Stat. 1779 burial of such individual, and to the extent that he or they will not have been reimbursed under section 5 (f) (1) for having paid such expenses. If there be no person or persons so entitled, or if the total of such annuities exceeds the amount payable under this paragraph to such person or persons, such total, or the remainder thereof, as the case may be, shall be paid to the children, grandchildren, parents, or brothers and sisters of the deceased individual in the same manner as if such unpaid annuities were a lump sum payable under section 5 (f) (2). “(2) Insurance annuities under section 5 which will have become due a survivor of an employee but will not have been paid at the time of such survivor’s death shall be payable to the person, if any, who is determined by the Board to be such employee’s widow or widower and to have been living with such employee at the time of the employee’s death and who will not have died before receiving payment of such annuities. If there be no such widow or widower, such annuities shall be payable to the children, grandchildren, parents, or brothers and sisters of the deceased employee in the same manner as if such unpaid annuities were a lump sum payable under section 5 (f) (2). “(3) Annuities under section 2 (e) which will have become due a spouse of an individual but which will not have been paid at the time of such spouse’s death shall be payable to the individual from whose employment such spouse’s annuity derived and who will not have died before receiving payment of such annuities. If there be no such individual, such annuities shall be paid as provided in the last two sentences of paragraph (1) of this subsection as if such annuities were annuities due under section 2 (a) to an individual but unpaid at the time of such individual’s death. “(4) Applications for accrued and unpaid annuities provided for in paragraphs (1), (2), and (3) of this subsection shall be filed prior to the expiration of two years after the death of the person to whom such annuities were originally due. “(5) For the purposes of this subsection and paragraphs (1) and (2) of section 5 (f) of this Act, a widow or widower of an individual shall be deemed to have been living with the individual at the time of the individual’s death if the applicable conditions set forth in section 216 (h) (2) or (3) of the Social Security Act are fulfilled. “(6) If there is no person to whom all or any part of the annuity payments described in paragraph (1), (2), or (3) can be made, such payments or part thereof shall escheat to the credit of the Railroad Retirement Account.” (d) Section 3 (h) of such Act is amended by striking out “$2.50” and inserting in lieu thereof “$5”. (e) Section 3 of such Act is further amended by adding at the end thereof the following new subsection: “(i) If the amount of any annuity computed under this section, or under section 2 or section 5, is not a multiple of $0.10, it shall be raised to the next higher multiple of $0.10.”