Pub. L. 89-700, tit. I, sec. 103

Sec. 103. (a) Section 3(b)(1) of the Railroad Retirement Act of 1937 is amended by striking out the phrase “after January 1, 1937” wherever it appears in said section and inserting in lieu thereof “subsequent to December 31, 1936”. (b) Section 3(c) of such Act is amended by inserting after the last sentence thereof the following new sentence: “Where an employee claims credit for months of service rendered within two years prior to his retirement from the service of an employer, with respect to which the employer’s return pursuant to section 8 of this Act has not been entered on the records of the Board before the employee’s annuity could otherwise be certified for payment, the Board may, in its discretion (subject to subsequent adjustment at the request of the employee) include such months in (he computation of the annuity without further verification and may consider the compensation for such months to be the average of the compensation for months in the last period for which the employer has filed a return of the compensation of such employee ana such return has been entered on the records of the Board.” (c) (1) Section 3(e) of such Act is amended by striking out from the first proviso in the first paragraph the following: “is less than 110 per centum of the amount, or 110 per centum of the additional amount”, and inserting in lieu thereof the following: “is less than the total amount, or the additional amount, plus 10 per centum of the total amount”; by inserting the word “and” before “women entitled to spouses’ annuities”; by striking out from such proviso “and individuals entitled to insurance annuities under subsection (c) of section 5 80 Stat. 1081on the basis of disability to be less than eighteen years of age”; and by striking out the last comma from such proviso and all that follows in such proviso and inserting in lieu thereof the following: “shall be increased proportionately to such total amount, or such additional amount, plus 10 per centum of such total amount.” (2) The said section 3(e) is further amended by striking out “entire”; and by inserting before the period at the end of the first paragraph “: Provided further, That if an annuity accrues to an individual for a part of a month, the amount payable for such part of a month under the preceding proviso shall be one-thirtieth of the amount payable under the proviso for an entire month, multiplied by the number of days in such part of a month”. (d) Paragraph (5) of section 3(f) of such Act is amended by inserting after the phrase “the Social Security Act” the following: “, as in effect before 1957,”. (e) Section 3(g) of such Act is amended by adding at the end thereof the following: “In cases where an individual entitled to an annuity under this Act disappears, no annuity shall accrue to him or to his spouse as such 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. Where an annuity would accrue for months under section 2(a) for such individual, and under section 2(e) for such individual’s spouse, had he been shown to be alive during such months, he shall be deemed, for the purposes of benefits under section 5, to have died in the month in which he disappeared and to have been completely insured: Provided, however, That if he is later determined to have been alive during any of such months, recovery of any benefits paid on the basis of his compensation under section 5 for the months in which he 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 annuity as an application for a spouse’s annuity), shall be made in accordance with the provisions of section 9.” (f) Section3(i) of such Act is amended to read as follows: “(i) If the amount of any annuity computed under this section (other than the proviso of subsection (e)), under section 2 (other than a spouse’s annuity payable in the maximum amount), and under section 5, does not, after any adjustment, end in a digit denoting 5 cents, it shall be raised so that it will end in such a digit. If the amount of any annuity under this Act (other than an annuity ending in a digit denoting 5 cents pursuant to the next preceding sentence) is not, after any adjustment, a multiple of $0.10, it shall be raised to the next higher multiple of $0.10.”