Pub. L. 85-927, pt. I, sec. 2

Sec. 2. (a) Section 5 (f) (1) of the Railroad Retirement Act of 1937 is amended— (1) by striking out the first three sentences and inserting in lieu thereof the following: “Upon the death, after the month in which this Act is enacted, of a completely or partially insured employee who will have died leaving no widow, widower, child, or parent who would on proper application therefor be entitled to receive an annuity under this section for the month in which such death occurred, a lump sum of ten times the employee’s basic amount shall be paid to the person, if any, who is determined by the 72 Stat. 1780 Board to be the widow or widower of the deceased employee and to have been living with such employee at the time of such employee’s death and who will not have died before receiving payment of such lump sum. If there lie no such widow or widower, such lump sum shall be paid 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 burial of such deceased employee.”; (2) by striking out “widow, widower, child, or parent” in the fourth sentence and inserting in lieu thereof “widow or widower”; and (3) by striking out all of the fourth sentence beginning with “a payment to any then surviving widow” and inserting in lieu thereof the following: “a payment equal to the amount by which such lump sum exceeds such annuities so accrued after such deductions shall then nevertheless be made under this paragraph to the person (or, if more than one, in equal shares to the persons) first named in the following order of preference: the widow, widower, child, or parent of the employee then entitled to a survivor annuity under this section.” (b) Section 5 (f) (2) of such Act is amended by striking out “to the person or persons in the order provided in paragraph (1) of this subsection, or in the absence of such person or persons, to his or her estate, a lump sum” and by inserting in lieu thereof the following: “to the following person (or, if more than one, in equal shares to the persons) whose relationship to the deceased employee will have been determined by the Board and who will not have died before receiving payment of the lump sum provided for in this paragraph: “(i) the widow or widower of the deceased employee who was living with such employee at the time of such employee’s death; or “(ii) if there be no such widow or widower, to any child or children of such employee; or “(iii) if there be no such widow, widower, or child, to any grandchild or grandchildren of such employee: or “(iv) if there be no such widow, widower, child, or grandchild, to any parent or parents of such employee; or “(v) if there be no such widow, widower, child, grandchild, or parent, to any brother or sister of such employee; or “(vi) if there be no such widow, widower, child, grandchild, parent, brother, or sister, to the estate of such employee, a lump sum”. (c) The first sentence of section 5 (h) of such Act is amended by striking out “prior to” and inserting in lieu thereof “after”. (d) Section 5 (i) (8) of such Act is amended (1) by inserting “and” after the semicolon in subparagraph (i); (2) by striking out all of subparagraph (ii) after “title II of the Social Security Act” and inserting in lieu thereof a period; and (3) by striking out subparagraphs (iii) and (iv). (e) Section 5 (k) (3) of such Act is amended— (1) by inserting in the first sentence after “service” the following: “, of determinations under section 3 (e) of this Act. or section 216 (i) of the Social Security Act, of periods of disability within the meaning of such section 216 (i),”; (2) by inserting in the first sentence after “this section” the following: “, section 3 (e) of this Act,”: and (3) by inserting in the second sentence after “therein” the following: “(except in the case of a determination of disability under section 216 (i) of the Social Security Act)”. 72 Stat. 1781 (f) Section 5 (1) (6) of such Act is amended by striking out the parenthetical phrases in the first and second sentences and by inserting at the end thereof the following sentence: “Wages, as defined in this paragraph, shall be credited for the purposes of this section in the manner and to the extent credited for corresponding purposes of title II of the Social Security Act.” (g) Section 5 (1) (7) (ii) of such Act is amended by striking out “forty or more quarters of coverage” and inserting in lieu thereof the following: “either will have had forty or more quarters of coverage or would be fully insured under title II of the Social Security Act if his service as an employee after December 31, 1936, were included in the term ‘employment’ as defined in that Act”. (h) Section 5(1) (8) of such Act is amended (1) by striking out “will have had (i)” and inserting in lieu thereof “(i) will have had”, (2) by inserting “either will have had” after “(ii)”, and (3) by inserting before the final period a comma and the following: “or would be currently insured under title II of the Social Security Act if his service as an employee after December 31, 1936, were included in the term ‘employment’ as defined in that Act”. (i) Section 5 (1) (9) of such Act is amended— (1) by striking out “quarter in which he will have died” each place it appears in clauses (A) and (B) and by inserting in lieu thereof “employee’s closing date”; (2) by striking out the last proviso; and (3) by inserting after the first sentence the following new sentence: “An employee’s ‘closing date’ shall mean (A) the first day of the first calendar year in which such employee both had attained age 65 and was completely insured; or (B) the first day of the calendar year in which such employee died; or (C) the first day of the calendar year following the year in which such employee died, whichever would produce the highest ‘average monthly remuneration’ as defined in the preceding sentence. If the amount of the ‘average monthly remuneration’ as computed under this paragraph is not a multiple of $1, it shall be rounded to the next lower multiple of $1”.