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Page:United States Statutes at Large Volume 88 Part 1.djvu/1336

 1292 26 USC 9004.

26 USC 9002.

Ante, p. 1280.

26 USC 9003.

26 USC 9005.

26 USC 9006.

26 USC 9007.

26 USC 9009.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

(2) The first sentence of subsection (a)(3) of section 9004 of such Code (relating to entitlement of eligible candidates to payments) is amended by striking out "computed" and inserting in lieu thereof "allowed". (c)(1) Section 9002(3) of the Internal Revenue Code of 1954 (relating to the definition of "Comptroller General") is amended to read as follows: "(3) The term 'Commission' means the Federal Election Commission established by section 310(a)(1) of the Federal Election Campaign Act of 1971.". (2) Section 9002(1) of such Code (relating to the definition of "authorized committee") is amended by striking out "Comptroller General" and inserting in lieu thereof "Commission". (3) The third sentence of section 9002(11) of such Code (relating to the definition of "qualified campaign expense") is amended by striking out "Comptroller General" and inserting in lieu thereof "Commission". (4) Section 9003(a) of such Code (relating to condition for eligibility for payments) is amended— (A) by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission"; and (B) by striking out "he" each place it appears therein and inserting in lieu thereof "it". (5) Section 9003(b) of such Code (relating to major parties) and section 9003(c) of such Code (relating to minor and new parties) each are amended by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission". (6) The heading for section 9005 of such Code (relating to certification by Comptroller General) is amended by striking out "COMPTROLLER GENERAL" and inserting in lieu thereof "COMMISSION". (7) Section 9005(b) of such Code (relating to finality of certifications and determinations) is amended— (A) by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission"; and (B) by striking out "him" and inserting in lieu thereof "it". (8) Section 9006(c) of such Code (relating to payments from the fund) and section 9006(d) of such Code (relating to insufficient amounts in fund) each are amended by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission". (9) Section 9007(a) of such Code (relating to examinations and audits) is amended by striking out "Comptroller General" and inserting in lieu thereof "Commission". (10) Section 9007(b) of such Code (relating to repayments) is amended— (A) by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission"; and (B) by striking out "he" each place it appears therein and inserting in lieu thereof "it". (11) Section 9007(c) of such Code (relating to notification) is amended by striking out "Comptroller General" and inserting in lieu thereof "Commission". (12) Section 9009(a) of such Code (relating to reports) is amended— (A) by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission"; and (B) by striking out "him" and inserting in lieu thereof "it".

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1337

 88 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974

(13) Section 9009(b) of such Code (relating to regulations, etc.) is amended— (A) by striking out "Comptroller General" and inserting in lieu thereof "Commission"; (B) by striking out "he" and inserting in lieu thereof "it"; and (C) by striking out "him" and inserting in lieu thereof "it". (14) The heading for section 9010 of such Code (relating to participation by Comptroller General in judicial proceedings) is amended by striking out "COMPTROLLER GENERAL" and inserting in lieu thereof "COMMISSION". (15) Section 9010(a) of such Code (relating to appearance by counsel) is amended— (A) by striking out "Comptroller General" and inserting in lieu thereof "Commission"; (B) by striking out "his" and inserting in lieu thereof "its"; and (C) by striking out "he' each place it appears therein and inserting in lieu thereof "it". (16) Section 9010(b) of such Code (relating to recovery of certain payments) is amended by striking out "Comptroller General" and inserting in lieu thereof "Commission". (17) Section 9010(c) of such Code (relating to declaratory and injunctive relief) is amended by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission". (18) Section 9010(d) of such Code (relating to appeal) is amended by striking out "Comptroller General" and inserting in lieu thereof "Commission" and by striking out "he" and inserting in lieu thereof "it". (19) The heading for subsection (a) of section 9011 of such Code (relating to review of certification, determination, or other action by the Comptroller General) is amended by striking out "COMPTROLLER GENERAL" and inserting in lieu thereof "COMMISSION". (20) Section 9011(a) of such (yode, as amended by paragraph (19) (relating to review of certification, determination, or other action by the Commission) is amended by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission". (21) Section 9011(b) of such Code, (relating to suits to implement chapter) is amended by striking out "Comptroller General" and inserting in lieu thereof "Commission". (22) Section 9012(d)(1) of such Code (relating to false statements, etc.) is amended— (A) by striking out "Comptroller General" each place it appears therein and inserting in lieu thereof "Commission"; and (B) by striking out "him" and inserting in lieu thereof "it".

1293 26 USC 9009.

26 USC 9010.

26 USC 9011,

26 USC 9012.

CERTIFICATION FOR PAYMENT BY COMMISSION

SEC. 405. (a) Section 9005(a) of the Internal Revenue Code of 1954 (relating to initial certifications for eligibility for payments) is amended to read as follows: " (a) INITIAL CERTIFICATIONS.—Not later than 10 days after the candidates of a political party for President and Vice President of the United States have met all applicable conditions for eligibility to receive payments under this chapter set forth in section 9003, the Commission shall certify to the Secretary for payment to such eligible candidates under section 9006 payment in full of amounts to which such candidates are entitled under section 9004.".

26 USC 9005.

Ante, p. 1292. Ante, p. 1291,

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1338

 1294 26 USC 9003.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

(b) Section 9003(a) of such Code (relating to general conditions for eligibility for payments) is amended— (1) by striking out "with respect to which payment is sought" in paragraph (1) and inserting in lieu thereof "of such candidates"; (2) by inserting "and" at the end of paragraph (2); (3) by striking out ", and" at the end of paragraph (3) and inserting in lieu thereof a period; and (4) by striking out paragraph (4). FINANCING OF PRESIDENTIAL NOMINATING CONVENTIONS

26 USC 9008.

SEC. 406. (a) Chapter 95 of subtitle H of the Internal Revenue Code of 1954 (relating to the presidential election campaign fund) is amended by striking out section 9008 (relating to information on proposed expenses) and inserting in lieu thereof the following new section: "SEC. 9008. PAYMENTS FOR PRESIDENTIAL NOMINATING CONVENTIONS. " (a) ESTABLISHMENT OF ACCOUNTS.—The Secretary shall maintain

Ante, p. 1291.

26 USC 6096.

in the fund, in addition to any account which he maintains under section 9006(a), a separate account for the national committee of each major party and minor party. The Secretary shall deposit in each such account an amount equal to the amount which each such committee may receive under subsection (b). Such deposits shall be drawn from amounts designated by individuals under section 6096 and shall be made before any transfer is made to any account for any eligible candidate under section 9006(a). "(b)

ENTITLEMENT TO PAYMENTS FROM THE F U N D. — "(1) MAJOR PARTIES.—Subject to the provisions of this section,

the national committee of a major party shall be entitled to payments under paragraph (3), with respect to any presidential nominating convention, in amounts which, in the aggregate, shall not exceed $2,000,000. "(2) MINOR PARTIES.—Subject to the provisions of this section, the national committee of a minor party shall be entitled to payments under paragraph (3), with respect to any presidential nominating convention, in. amounts which, in the aggregate, shall not exceed an amount which bears the same ratio to the amount the national committee of a major party is entitled to receive under paragraph (1) as the number of popular votes received by the candidate for President of the minor party, as such candidate, in the preceding presidential election bears to the average number of popular votes received by the candidates for President of the United States of the major parties in the preceding presidential election. "(3) PAYMENTS.—Upon receipt of certification from the Commission under subsection (g), the Secretary shall make payments from the appropriate account maintained under subsection (a) to the national committee of a major party or minor party which elects to receive its entitlement under this subsection. Such payments shall be available for use by such committee in accordance with the provisions of subsection (c). "(4) LIMITATION.—Payments to the national committee of a major party or minor party under this subsection from the account designated for such committee shall be limited to the amounts in such account at the time of payment.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1339

 88 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974

1295

" (5) ADJUSTMENT or ENTITLEMENTS.—The entitlements estab-

lished by this subsection shall be adjusted in the same manner as expenditure limitations established by section 608(c) and section 608(f) of title 18, United States Code, are adjusted pursuant to the provisions of section 608(d) of such title. "(c) USE OF FUNDS.—No part of any payment made under subsection (b) shall be used to defray the expenses of any candidate or delegate who is participating in any presidential nominating convention. Such payments shall be used only— "(1) to defray expenses incurred with respect to a presidential nominating convention (including the payment of deposits) by or on behalf of the national committee receiving such payments; or "(2) to repay loans the proceeds of which were used to defray such expenses, or otherwise to restore funds (other than contributions to defray such expenses received by such committee) used to defray such expenses.

^"'«. PP- I264,

" (d) LiMrrATioN or EXPENDITURES.— " (1) MAJOR PARTIES.—Except as provided by paragraph (3),

the national committee of a major party may not make expenditures with respect to a presidential nominating convention which, in the aggregate, exceed the amount of payments to which such committee is entitled under subsection (b)(1). " (2) MINOR PARTIES.—Except as provided by paragraph (3),

the national committee of a minor party may not make expenditures with respect to a presidential nominating convention which, in the aggregate, exceed the amount of the entitlement of the national committee of a major party under subsection (b)(1). " (3) ExcEFTioN.—The Commission may authorize the national committee of a major party or minor party to make expenditures which, in the aggregate, exceed the limitation established by paragraph (1) or paragraph (2) of this subsection. Such authorization shall be based upon a determination by the Commission that, due to extraordinary and unforeseen circumstances, such expenditures are necessary to assure the effective operation of the presidential nominating convention by such committee. " (e) AVAILABILITY OP PAYMENTS.—The national committee of a ma-

jor party or minor party may receive payments under subsection (b)(3) beginning on July 1 of the calendar year immediately preceding the calendar year in which a presidential nominating convention of the political party involved is held. " (f) TRANSFER TO THE FUND.—If, after the close of a presidential nominating convention and after the national committee of the political party involved has been paid the amount which it is entitled to receive under this section, there are moneys reiriaining in the account of such national committee, the Secretary shall transfer the moneys so remaining to the fund. " (g) CERTIFICATION BY COMMISSION.—Any major party or minor party may file a statement with the Commission in such form and manner and at such times as it may require, designating the national committee of such party. Such statement shall include the information required by section 303(b) of the Federal Election Campaign Act of 1971, together with such additional information as the Commission 2 USC 433. may require. Upon receipt of a statement filed under the preceding sentences, the Commission promptly shall verify such statement according to such procedures and criteria as it may establish and shall certify to the Secretary for payment in full to any such committee of amounts to which such committee may be entitled under subsection (b). Such certifications shall be subject to an examination and audit which andTiidu^*'"" the Commission shall conduct no later than December 31 of the calen-

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1340

 1296

PUBLIC LAW 93-443-OCT. 15, 1974

26 USC 9007. onTJsV° Tusc"9oo9.

Ante,

p. 1294.

26 USC 9012. Excess expenses

Unlawful use of payments.

Kickbacks and illegal payments

[88 STAT.

dar year in which the presidential nominating convention involved is held. " (h) REPAYMENTS.—The Commission shall have the same authority to require repayments from the national committee of a major party or a minor party as it has with respect to repayments from any eligible candidate under section 9007(b). The provisions of section 9007(c) and section 9007(d) shall apply with respect to any repayment required by the Commission under this subsection.". (b)(1) 'Section 9009(a) of such Code (relating to reports) is amended by striking out "and" in paragraph (2) thereof; by striking out the period at the end of paragraph (3) thereof and inserting in lieu thereof "; and"; and by adding at the end thereof the following new paragraphs: • "(4) the expenses incurred by the national committee of a major party or minor party with respect to a presidential nominating convention; "(5) the amounts certified by it under section 9008(g) for payment to each such committee; and "(6) the amount of payments, if any, required from such committees under section 9008(h), and the reasons for each such payment.". (2) The heading for section 9012(a) of such Code (relating to excess campaign expenses) is amended by striking out "CAMPAIGN". (3) Section 9012(a)(1) by such Code (relating to excess expenses) is amended by adding at the end thereof the following new sentence: " I t shall be unlawful for the national committee of a major party or minor party knowingly and willfully to incur expenses with respect to a presidential nominating convention in excess of the expenditure limitation applicable with respect to such committee under section 9008(d), unless the incurring of such expenses is authorized by the Commission under section 9008(d)(3).". (4) Section 9012(c) of such Code (relating to unlawful use of payments) is amended by redesignating paragraph (2) as paragraph (3) and by inserting immediately after paragraph (1) the following new paragraph: "(2) I t shall be unlawful for the national committee of a major party or minor party which receives any payment under section 9008(b)(3) to use, or authorize the use of, such payment for any purpose other than a purpose authorized by section 9008(c).". (5) Section 9012(e)(1) of such Code (relating to kickbacks and illegal payments) is amended by adding at the end thereof the following new sentence: " I t shall be unlawful for the national committee oi a major party or minor party knowingly and willfully to give or accept any kickback or any illegal payment in connection with any expense incurred by such committee with respect to a presidential nominating convention.". (6) Section 9012(e)(3) of such Code (relating to kickbacks and illegal payments) is amended by inserting immediately after "their authorized committees" the following: ", or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention.". (c) The table of sections for chapter 95 of subtitle H of such Code (relating to the presidential election campaign fund) is amended by striking out the item relating to section 9008 and inserting in lieu thereof the following new item: "SEC. 9008. Payments for presidential nominating conventions.".

26 USC 276.

(d) Section 276 of such Code (relating to certain indirect contributions to political parties) is amended by striking out subsection (c) and by redesignating subsection (d) as subsection (c).

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Page:Boys of Columbia High on the River.djvu/154

142 recruit; and Ginger had grinned with pleasure, for it was a great honor to be thus invited higher up, and he appreciated it.

In all the intense excitement attending the race and its dramatic conclusion Frank had forgotten about the promise made by Lanky that later on he would lift the veil of secrecy, and reveal what he had discovered in connection with the identity of the one responsible for that smash-up on the river.

He remembered seeing his friend hastily dressing, and at the time thought Lanky showed signs of undue speed; but it had passed out of his mind. These minor things were of such small importance besides the great business of the day.

Frank walked back home with Ralph West, who was bubbling over with excitement, having shouted himself hoarse during the morning under the manipulation of the wonderful cheer captain, Herman Hooker.

"It was a shame to lose that race," said Ralph, disconsolately; "and just when you had it cinched so finely too."

"Well, yes, perhaps so, but to tell the truth I'm mighty well satisfied to get out as decently as we did," replied Frank.

"What do you mean by that?" demanded the other, staring at him.

"Why, all along I knew Jonsey was a weak card.


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1341

 88 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974 TAX R E T U R N S BY P O L I T I C A L

1297

COMMITTEES

SEC. 40r. Section 6012(a) of the Internal Revenue Code of 1954 ^e use 6012. (relating to persons required to make returns of income) is amended by adding at the end thereof the following new sentence: "The Secretary or his delegate shall, by regulation, exempt from the requirement of making returns under this section any political committee (as defined in section 301(d) of the Federal Election Campaign Act of 1971) hav- Ante, p. 1272, ing no gross income for the taxable year.". P R E S I D E N T I A L P R I M A R Y M A T C H I N G P A Y M E N T ACCOUNT

SEC. 408. (a) The analysis of subtitles at the beginning of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following: "Subtitle H. Financing of Presidential election campaigns.".

(b) The analysis of chapters at the beginning of subtitle H of such Code is amended by striking out the item relating to chapter 96 and inserting in lieu thereof the following: "Chapter 96. Presidential Primary Matching Payment Account.".

(c) Subtitle H of such Code is amended by striking out chapter 96, relating to Presidential Election Campaign F u n d Advisory Board, and inserting in lieu thereof the following new chapter:

^e use 9021.

"CHAPTER 96—PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

Presidential Primary Matching Payment Account Act.

"Sec. 9031. Short title. "Sec. 9032. Definitions. "See. 9033. Eligibility for payments. "Sec. 90rf4. Entitlement of eligible candidates to payments. "Sec. 9035. Qualified campaign expense limitation. •"Sec. 9036. Certification by Commission. "Sec. 9037. Payments to eligible candidates. "Sec. 9038. Examinations and audits; repayments. "Sec. 9039. Reports to Congress; regulations. "Sec. 9040. Participation by Commission in judicial proceedings. "Sec. 9041. Judicial review. "Sec. 9042. Criminal penalties. "SEC. 9031. SHORT TITLE.

26 USC 903i.

"This chapter may be cited as the 'Presidential Primary Matching Payment Account Act'. "SEC. 9032. DEFINITIONS. ''FOR PURPOSES or T H I S CHAPTER—

"(1) The term 'authorized committee' means, with respect to the candidates of a political party for President and Vice President of the United States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such candidates. Such authorization shall be addressed to the chairman of such political committee, and a copy of such authorization shall be filed by such candidates with the Commission. Any withdrawal of any authorization shall also be in writing and shall be addressed and filed in the same maimer as the authorization. "(2) The term 'candidate' means an individual who seeks nomination for election to be President of the United States. For purposes of this paragraph, an individual shall be considered to

26 USC 9032.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1342

 1298

PUBLIC LAW 93-443-OCT. 15, 1974

Ante. p. 1280. Post, p, 1299.

Post.

p. 1300.

[88 STAT.

seek nomination for election if he (A) takes the action necessary under the law of a State to qualify himself for nomination for election, (B) receives contributions or incurs qualified campaign expenses, or (C) gives his consent for any other person to receive contributions or to incur qualified campaign expenses on his behalf. "(3) The term 'Commission' means the Federal Election Commission established by section 310(a)(1) of the Federal Election Campaign Act of 1971. u(4) Except as provided by section 9034(a), the term 'contribution'— " (A) means a gift, subscription, loan, advance, or deposit of money, or anything of value, the payment of which was made on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such gift, subscription, loan, advance, or deposit of money, or anything of value, is made, for the purpose of influencing the result of a primary election, " (B) means a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose, " (C) means funds received by a political committee which are transferred to that committee from another committee, and " (D) means the payment by any person other than a candidate, or his authorized committee, of compensation for the personal services of another person which are rendered to the candidate or committee without charge, but " (E) does not include— "(i) except as provided in subparagraph (D), the value of personal services rendered to or for the benefit of a candidate by an individual who receives no compensation for rendering such service to or for the benefit of the candidate, or " (ii) payments under section 9037. "(5) The term 'matching payment account' means the Presidential Primary Matching Payment Account established under section 9037(a). "(6) The term 'matching payment period' means the period beginning with the beginning of the calendar year in which a general election for the office of President of the United States will be held and ending on the date on which the national convention of the party whose nomination a candidate seeks nominates its candidate for the office of President of the United States, or, in the case of a party which does not make such nomination by national convention, ending on the earlier of (A) the date such party nominates its candidate for the office of President of the United States, or (B) the last day of the last national convention held by a major party during such calendar year. "(7) The term 'primary election' means an election, including a runoff election or a nominating convention or caucus held by a political party, for the selection of delegates to a national nominating convention of a political party, or for the expression of a preference for the nomination of persons for election to the office of President of the United States. "(8) The term 'political committee' means any individual, committee, association, or organization (whether or not incorporated) which accepts contributions or incurs qualified campaign expenses for the purpose of influencing, or attempting to influence, the

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1343

 88 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974

1299

nomination of any person for election to the office of President of the United States. "(9) The term 'qualified campaign expense' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or of anything of value— " (A) incurred by a candidate, or by his authorized committee, in connection with his campaign for nomination for election, and " (B) neither the incurring nor payment of which constitutes a violation of any law of the United States or of the State in which the expense is incurred or paid. For purposes of this paragraph, an expense is incurred by a candidate or by an authorized committee if it is incurred by a person specifically authorized in writing by the candidate or committee, as the case may be, to incur such expense on behalf of the candidate or the committee. "(10) The term 'State" means each State of the United States and the District of Columbia. "SEC. 9033. ELIGIBILITY FOR PAYMENTS.

"(a) CONDITIONS.—To be eligible to receive payments under section 9037, a candidate shall, in writing— "(1) agree to obtain and furnish to the Commission any evidence it may request of qualified campaign expenses, "(2) agree to keep and furnish to the Commission any records, books, and other information it may request, and "(3) agree to an audit and examination by the Commission under section 9038 and to pay any amounts required to be paid under such section. "(b)

26 USC 9033.

^os^ p- i3oo.

EXPENSE LIMITATION; DECLARATION OF I N T E N T; MINIMUM

CONTRIBUTIONS.—To be eligible to receive payuients under section 9037, a candidate shall certify to the Commission that— "(1) the candidate and his authorized committees will not incur qualified campaign expenses in excess of the limitation on such expenses under section 9035, "(2) the candidate is seeking nomination by a political paity for election to the office of President of the United States, "(3) the candidate has received matching contributions which in the aggregate, exceed $5,000 in contributions from residents of each of at least 20 States, and "(4) the aggregate of contributions certified with respect to any person under paragraph (3) does not exceed $250. "SEC. 9034. ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS.

" (a) IN GENERAL.—Every candidate who is eligible to receive payments under sexition 9033 is entitled to payments under section 9037 in an amount equal to the amount of each contribution received by such candidate on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such candidate is seeking nomination, or by his authorized committees, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person on or after the beginning of such preceding calendar year exceeds $250. For purposes of this subsection and section 9033(b), the term 'contribution means a gift of money made by a written instrument which identifies the person making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), o r (D) of section 9032(4).

26 USC 9034.

'Contribution.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1344

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PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

"(b) LIMITATIONS.—The total amount of payments to which a candidate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 608(c)(1)(A) of title 18, United States Code. 26 USC 9035. „gj,^ g^gg QUALIFIED CAMPAIGN EXPENSE LIMITATION. "No candidate shall knowingly incur qualified campaign expenses in excess of the expenditure limitation applicable under section 608(c) (1)(A) of title 18, United States Code. 26 USC 9036. ..gjjc g^gg CERTIFICATION BY COMMISSION. " (a) INITIAL CERTTEFICATIONS.—Not later than 10 days after a candidate establishes his eligibility under section 9033 to receive payments under section 9037, the Commission shall certify to the Secretary for payment to such candidate under section 9037 payment in full of amounts to which such candidate is entitled under section 9034. The Commission shall make such additional certifications as may be necessary to permit candidates to receive payments for contributions under section 9037. " (b) FINALITY OF DETERMINATIONS.—Initial certifications by the Commission under subsection (a), and all determinations made by it under this chapter, are final and conclusive, except to the extent that they are subject to examination and audit by the Commission under Post, p. 1302. section 9038 and judicial review under section 9041. 26 USC 903 7. «§£(. 9Q37 PAYMENTS TO ELIGIBLE CANDIDATES. " (a) ESTABLISHMENT OF A(X'OUN'1".—The Secretary shall maintain in the Presidential Election Campaign Fund established by section Ante, p. 1291, 9006(a), in addition to any account which he maintains under such section, a separate account to be known as the Presidential Primary Matching Payment Account. The Secretary shall deposit into the matching payment account, for use by the candidate of any political party who is eligible to receive payments under section 9033, the amount available after the Secretary determines that amounts for 26 USC 9006. payments under section 9006(c) and for payments under section Ante, p. 1294. 9008(b)(3) are available for such payments. " (b) PAYMENTS FROM THE MATCHING PAYMENT ACCOUNT.—Upon

26 USC 9038.

receipt of a certification from the Commission under section 9036, but not before the beginning of the matching payment period, the Secretary or his delegate shall promptly transfer the amount certified by the Commission from the matching payment account to the candidate. I n making such transfers to candidates of the same political party, the Secretary or his delegate shall seek to achieve an equitable distribution of funds available under subsection (a), and the Secretary or his delegate shall take into account, in seeking to achieve an equitable distribution, the sequence in which such certifications are received. "SEC. 9038. EXAMINATIONS AND AUDITS; REPAYMENTS. " (a) EXAMINATIONS AND AUDITS.—After each matching payment period, the Commission shall conduct a thorough examination and audit of the qualified campaign expenses of every candidate and his authorized committees who received payments under section 9037. " (b) REPAYMENTS.—

" (1) If the Commission determines that any portion of the payments made to a candidate from the matching payment account was in excess of the aggregate amount of payments to which such candidate was entitled under section 9034, it shall notify the candidate, and the candidate shall pay to the Secretary or his delegate an amount equal to the amount of excess payments.

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 88 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974

1301

"(2) If the Commission determines that any amount of any payment made to a candidate from the matching payment account was used for any purpose other than— " (A) to defray the qualified campaign expenses with respect to which such payment was made, or " (B) to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used, to defray qualified campaign expenses, it shall notify such candidate of the amount so used, and the candidate shall pay to the Secretary or his delegate an amount equal to such amount. "(3) Amounts received by a candidate from the matching payment account may be retained for the liquidation of all obligations to pay qualified campaign expenses incurred for a period not exceeding 6 months after the end of the matching payment period. After all obligations have been liquidated, that poition of any unexpended balance remaining in the caiulidate's accounts which bears the same ratio to the total unexpended balance as the total amount received from the matching payment account bears to the total of all deposits made into the candidate's accounts shall be promptly repaid to the matching payment account. "(c) NOTIFICATION.—No notification shall be made by the Commission under subsection (b) with respect to a matching payment j^eriod more than 8 years after the end of such period. " (d) DEPOSIT OF REPAYMENTS.—All payments received by the Secretary or his delegate under subsection (b) shall be deposited by him in the matching payment account. "SEC. 9039. REPORTS TO CONGRESS; REGULATIONS.

26 USC 9039.

" (a) REPORTS.—The Commission shall, as soon as practicable after each matching payment period, submit a full report to the Senate and House of Representatives setting forth— "(1) the qualified campaign expenses (shown in such detail as the Commission determines necessary) incurred by the candidates of each political party and their authorized committees, "(2) the amounts certified by it under section 9036 for payment to each eligible candidate, and "(3) the amount of payments, if any, required from candidates under section 9038, and the reasons lor each payment required. Each report submitted pursuant to this section shall be printed as a Senate document. " (b) REGULATIONS, ETC.—The Commission is authorized to prescribe I'ules and regulations in accordance with the provisions of subsection (c), to conduct examinations and audits (in addition to the examina- Audits. tions and audits required by section 9038(a)), to conduct investigations, and to require the keeping and submission of any books, records, and information, which it determines to be necessary to carry out its responsibilities under this chapter. " (c) REVIEW or REGULATIONS.—

"(1) The Commission, before prescribing any rule or regulation under subsection (b), shall transmit a statement with respect to such rule or regulation to the Senate and to the House of Representatives, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a detailed explanation and justification of such rule or regulation.

qfl_1QA r\ _ 7fi _ ftf^ T>f

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1346

 1302

26 USC 9040.

5 USC 101 et

seq

5 USC 5101 5331.

Ante. p. 1300.

26 USC 9041.

PUBLIC LAW 93-443-OCT. 15, 1974

[88 STAT.

" (2) I f either such House does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved by either such House under this paragraph. " (3) For purposes oi this subsection, the term 'legislative days' does not include any calendar day on which both Houses of the Congress are not in session. «SEC. 9040. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS. " (a) APPEARANCE BY COUNSEL.—The Commission is authorized to appear in and defend against any action instituted under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. " (b) RECOVERY OP CERTAIN PAYMENTS.—The Commission is authorized, through attorneys and counsel described in subsection (a), to institute actions in the district courts of the United States to seek recovery of any amounts determined to be payable to the Secretary or his delegate as a result of an examination and audit made pursuant to gcction 9038. "(c) INJUNCTIVE RELIEF.—The Commission is authorized, through attorneys and counsel described in subsection (a), to petition the courts of the United States for such injunctive relief as is appropriate to implement any provision of this chapter. " (d) APPEAL.—The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section. "SEC. 9041. JUDICIAL REVIEW. " (a) REVIEW OF AGENCY ACTION BY THE COMMISSION.—Any agency

26 USC 9042.

action by the Commission made under the provisions of this chapter shall be subject to review by the United States Court of Appeals for the District of Columbia Circuit upon petition filed in such court within 30 days after the agency action by the Commission for which review is sought. " (b) REVIEW PROCEDURES.—The provisions of chapter 7 of title 5, United States Code, apply to judicial review of any agency action, as defined in section 551(13) of title 5, United States Code, by the Commission. "SEC. 9042. CRIMINAL PENALTIES. " (a) EXCESS CAMPAIGN EXPENSES.—Any person who violates the provisions of section 9035 shall be fined not more than $25,000, or imprisoned not more than 5 years, or both. Any officer or member of any political committee who knowingly consents to any expenditure in violation of the provisions of section 9035 shall be fined not more than $25,000, or imprisoned not more than 5 years, or both. " (b) UNLAWFUL U S E OF PAYMENTS.-—

"(1) I t is unlawful for any person who receives any payment under section 9037, or to whom any portion of any such payment is transferred, knowingly and willfully to use, or authorize the use of, such payment or such portion for any purpose other than—

�


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 3 STAT. ]

PUBLIC LAW 93-443-OCT. 15, 1974

1303

"^A) to defray qualified campaign expenses, or " (B) to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used, to defray qualified campaign expenses. "(2) Any person who violates the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. "(c)

FALSE STATEMENTS, ETC.—•

"(1) I t is unlawful for any person knowingly and willfully— " (A) to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission under this chapter, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, or to falsify or conceal any evidence, books, or information relevant to a certification by the Commission or an examination and audit by the Commission under this chapter, or " (B) to fail to furnish to the Commission any records, books, or information requested by it for purposes of this chapter. "(2) Any person who violates the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. "(d)

KICKBACKS AND ILLEGAL PAYMENTS.—

"(1) I t is unlawful for any person knowingly and willfully to give or accept any kickback or any illegal payment in connection with any qualified campaign expense of a candidate, or his authorized committees, who receives payments under section 9037. "(2) Any person who violates the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. "(3) In addition to the penalty provided by paragraph (2), any person who accepts any kickback or illegal payment in connection with any qualified campaign expense of a candidate or his authorized committees shall pay to the Secretary for deposit in the matching payment account, an amount equal to 125 percent of the kickback or payment received.". RE^rEEW o r REGULATIONS

SEC. 409. (a) Section 9009 of the Internal Revenue Code of 1954 (relating to reports to Congress; regulations) is amended by adding at the end thereof the following new subsection: "(c)

26 USC 9009.

REVIEW or REGULATIONS.—

" (1) The Commission, before prescribing any rule or regulation under subsection (b), shall transmit a statement with respect to such rule or regulation to the Senate and to the House of Representatives, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule oi- regulation and shall contain a detailed explanation and justification of such rule or regulation. "(2) If either such House does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved by either such House under this paragraph. "(3) For purposes of this subsection, the term 'legislative days' ^ "Legislative

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1348

 PUBLIC LAW 93-444-OCT. 15, 1974

1304

26 USC 9009.

[88 STAT.

does not include any calendar day on which both Houses of the Congress are not in session.". (b) Section 9009(b) of such Code (relating to regulations, etc.) is amended by inserting "in accordance with the provisions of subsection (c) " immediately after "regulations". EFFECTIVE DATES

2 USC 431 note.

Ante, p. 1272. Ante, p p. 1 2 9 1 1294, 1297, 1303. Ante,

p. 1297.

SEC. 410. (a) Except as provided by subsection (b) and subsection (c), the foregoing provisions of this Act shall become effective January 1, 1975. (b) Section 104 and the amendment made by section 301 shall become effective on the date of the enactment of this Act. (c)(1) The amendments made by sections 403(a), 404, 405, 406, 408, and 409 shall apply with respect to taxable years beginning after December 31, 1974. (2) The amendment made by section 407 shall apply with respect to taxable years beginning after December 31, 1971. Approved October 15, 1974. Public Law 93-444

October IS, 1974 [H. R.4861]

Piscataway Park, Md. Preservation and protection. 80 Stat. 319.

Scenic easements, donations. 80 Stat. 319.

Post,

p. 1305.

AN ACT To amend the Act of October 4, 1961, providing for the preservation and protection of certain lands known as Piscataway Parle in Prince Georges and Charles Counties, Maryland, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of October 4, 1961 (75 Stat. 780), providing for the preservation and protection of certain lands in Prince Georges and Charles Counties, Maryland, as amended, is amended as follows: (a) I n section 2(b), amend the first sentence by striking out "drawing entitled 'Piscataway Park,' numbered NCR 69.714-18, and dated January 25, 1966," and inserting in lieu thereof "drawing entitled 'Piscataway Park,' numbered PIS-P-90,000, and dated July 19, 1974". (b) In section 2(b), delete the words "The property herein described is more particularly depicted on the drawing numbered 1961-1, a copy of which is on file with the Secretary of the Interior.". (c) In section 2(c), delete the first sentence and insert in lieu thereof the following: "Effective on the date of enactment of this Act, there is hereby vested in the United States all right, title and interest in, and the right to immediate possession of, all real property within the boundaries of the parcels designated A, B, C, and D, as shown on the drawing referenced in subsection 2(b). The United States will pay just compensation to the owners of any property taken pursuant to this subsection and the full faith and credit of the United States is hereby pledged to the payment of any judgment so entered against the United States. Payment shall be made by the Secretary of the Treasury from moneys available and appropriated from the Land and Water Conservation Fund, subject to the appropriation limitation contained in section 4 of this Act, upon certification to him by the Secretary of the Interior of the agreed negotiated value of such property, or the valuation of the property awarded by judgment,, including interest at the rate of six (6) per centum per annum from the date of taking to the date of payment therefor. I n the absence of a negotiated settlement or an action by the owner within one year after the date of enactment of this Act, the Secretary may initiate proceedings at any

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Rh Coach Willoughby knew it too, and told me to favor him all I could. When we got to that bend I saw that he was nearly all in, and after that imagine the awful strain on my nerves. Oh! yes, we were lucky to be able to hold our own at the last when Clifford spurted. If the stake had been twenty feet further down they would have won," remarked Frank.

"The boys say it was Columbia day," laughed Ralph.

"I reckon it must have been, when even our misfortunes failed to down us. Suppose Jonsey had doubled up further along, and before we struck the bend? We'd have had to tumble him overboard, and try to get along as cripples. Clifford would have worked like wild men then, and surely overhauled us. I'm satisfied, Ralph."

"I had another letter to-day, Frank," the other said, changing the subject.

Frank shot a swift look at the face of his companion.

"I don't imagine there was any particularly good news in it then, Ralph?" he remarked.

"No. Your Uncle Jim simply writes that when he got to Stockholm it was to find that the parties he was following had taken a steamer for England."

"Perhaps they're on the way home then. When


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1349

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STAT.]

PUBLIC LAW 93-445-OCT. 16, 1974

1305

time seeking a determination of just compensation in a court of competent jurisdiction. The Secretary shall allow for the orderly termination of all operations on real property acquired by the United States in parcels A, B, C, and D of this subsection, and for the removal of equipment, facilities, and personal property therefrom: Provided, That in no event shall the Secretary allow operations at the Marshall Hall Amusement P a r k to continue beyond January 1, 1980. The Secretary shall, on lands acquired for the purposes of this park, implement a development plan which will assure public access to, and public use and enjoyment of, such lands. To further the preservation objective of this Act, the Secretary of the Interior may accept donations of scenic easements in the land within the area designated as 'Scenic Protection Area' on the drawing referred to in subsection (b) of this section." (d) I n section 4, delete "$5,657,000" and insert "$10,557,000". Approved October 15, 1974.

Development plan.

Appropriation. 75 Stat. 780; 86 Stat. 1063.

Public Law 93-445 AN ACT To amend the Railroad Retirement Act of 1937 to revise the retirement system for employees of employers covered thereunder, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of Ame?'ica in Congress assembled,

October 16, 1974 [H. R. 1 5 3 0 1 ]

of the tirement Act^f 1937,

amendment.

TITLE I — THE R A I L R O A D RETIREMENT ACT O F 1974 That the Railroad Retirement Act of 1937 is amended to read as follows:

" ^ "^"^ 228a. ^

'DEFINITIONS

1. For the purposes of this Act— " (a)(1) The term 'employer' shall include— "(i) any express company, sleeping-car company, and carrier by railroad, subject to part I of the Interstate Commerce Act; "(ii) any company which is directly or indirectly owned or controlled by, or under common control with, one or more employers as defined in paragraph (i) of this subdivision, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad; " (iii) any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any employer as defined in paragraph (i) or (ii) of this subdivision;

"SECTION

45 USC 2 3 1.

49 USC 1.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1350

 1306

45 USC 151.

PUBLIC LAW 93-445-OCT, 16, 1974

[88 STAT.

"(iv) any railroad association, traffic association, tariff bureau, demurrage bureau, weighing and inspection bureau, collection agency, and any other association, bureau, agency, or organization which is controlled and maintained wholly or principally by two or more employers as defined in paragraph (i), (ii), or (iii) of this subdivision and which is engaged in the performance of services in connection with or incidental to railroad transportation; and " (v) any railway labor organization, national in scope, which has been or may be organized in accordance with the provisions of the Railway Labor Act, as amended, and its State and National legislative committees, general committees, insurance departments, and local lodges and divisions, established pursuant to the constitution or bylaws of such organization. "(2) Notwithstanding the provisions of subdivision (1) of this subsection, the term 'employer' shall not include— "(i) any company by reason of its being engaged in the mining of coal, the supplying of coal to an employer where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any of such activities; and "(ii) any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general dieselrailroad system of transportation, but shall not exclude any part of the general diesel-railroad system of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Board, or upon complaint of any party interested, to determine after nearing whether any line operated by electric power falls within the terms of this paragraph. " (b)(1) The term 'employee' means (i) any individual in the service of one or more employers for compensation, (ii) any individual who is in the employment relation to one or more employers, and (iii) an employee representative: Provided, however, That the term 'employee' shall include an employee of a local lodge or division defined as an employer in subsection (a) only if he was in the service of or in the employment relation to an employer as defined in paragraph (i) of subsection (a)(1) on or after August 29, 1935. "(2) The term 'employee' shall not include any individual while such individual is engaged in the physical operations consisting of the mining of coal, the preparation of coal, the handling (other than movement by rail with standard railroad locomotives) of coal not beyond the mine tipple, or the loading of coal at the tipple. " (c) The term 'employee representative' means any officer or official representative of a railway labor organization other than a labor organization included in the term 'employer' as defined in subsection (a) who before or after August 29, 1935, was in the service of an employer as defined in subsection (a) and who is duly authorized and

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1351

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

designated to represent employees in accordance with the Railway Labor Act, as amended, and any individual who is regularly assigned to or regularly employed by such officer or official representative in connection with the duties of his office. " (d)(1) An individual is in the service of an employer whether his service is rendered within or without the United States if— " (i)(A) he is subject to the continuing authority of the employer to supervise and direct the manner of rendition of his service, or (B) he is rendering professional or technical services and is integrated into the staff of the employer, or (C) he is rendering, on the property used in the employer's operations, personal services the rendition of which is integrated into the employer's operations; and (ii) he renders such service for compensation, or a method of computing the monthly compensation for such service is provided in section 3(j). "(2) Notwithstanding the provisions of subdivision (1) of this subsection— "(i) an individual shall be deemed to be in the service of an employer, other than a local lodge or division or a general committee of a railway-labor-organization employer, not conducting the principal part of its business in the United States only when he is rendering service to it in the United States; "(ii) an individual shall be deemed to be in the service of a local lodge or division of a railway-labor-organization employer not conducting the principal part of its business in the United States only if (A) all, or substantially all, the individuals constituting the membership of such local lodge or division are employees of an employer conducting the principal part of its business in the United States; or (B) the headquarters of such local lodge or division is located in the United States; and "(iii) an individual shall be deemed to be in the service of a general committee of a railway-labor-organization employer not conducting the principal part of its business in the United States only if (A) he is representing a local lodge or division described in clause (A) or (B) of paragraph ( i i); or (B) all, or substantially all, the individuals represented by such general committee are employees of an employer conducting the principal part of its business in the United States: or (C) he acts in the capacity of a general chairman or an assistant general chairman of a general committee which represents individuals rendering service in the United States to an employer, but in such case if his office or headquarters is not located m the United States and the individuals represented by such general committee are employees of an employer not conducting the principal part of its business in the United States, only such proportion of the remuneration for such service shall be regarded as compensation as the proportion which the mileage in the Lf^nited States under the jurisdiction of such general committee bears to the total mileage

1307 45 USC 151.

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 1308

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

under its jurisdiction, unless such mileage formula is inapplicable, in which case the Board may prescribe such other formula as it finds to be equitable, and if the application of such mileage formula, or such other formula as the Board may prescribe, would result in the compensation of the individual being less than 10 per centum of his remuneration for such service no part of such remuneration shall be regarded as compensation. "'(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, an individual not a citizen or resident of the United States shall not be deemed to be in the service of an employer when rendering service outside the United States to an employer who is required under the laws applicable in the place where the service is I'endered to employ therein, in whole or in part, citizens or residents thereof. For purposes of this subdivision, the laws applicable on August 29, 1935, in the place where the service is rendered shall be deemed to have been applicable there at all times prior to that date.. "(e)(1) An individual shall be deemed to have been in the employment relation to an employer on August 29, 1935, if— "(i) he was on that date on leave of absence from his employment, expressly granted to him by the employer by whom he was employed, or by a duly authorized representative of such employer, and the grant of such leave of absence will have been established to the satisfaction of the Board before July 1947; " (ii) he was in the service of an employer after August 29, 1935, and before January 1946 in each of six calendar months, whether or not consecutive; "(iii) before August 29, 1935, he did not retire and was not retired or discharged from the service of the last employer by whom he was employed or its corporate or operating successor, but (A) solely by reason of his physical or mental disability he ceased before August 29, 1935, to be in the service of such employer and thereafter remained continuously disabled until he attained age sixty-five or until August 1945, or (B) solely for such last stated reason an employer by whom he was employed before August 29, 1935, or an employer who is its successor did not on oiafter Augiist 29, 1935, and before August 1945 call him to return to service, or (C) if he was so called he was solely for such reason unable to render service in six calendar months as provided in paragraph (ii); or "(iv) he was on August 29, 1935, absent from the service of an employer by reason of a discharge which, within one year after the effective date thereof, was protested, to an appropriate labor representative or to the employer, as wrongful, and which was followed within ten years of the effective date thereof by his reinstatement in good faith to his former service with all his senority rights. "(2) Notwithstanding the provisions of subdivision (1) of this subsection, an individual shall not be deemed to have been in the employment relation to an employer on August 29, 1935, if before that date

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1353

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

ho was granted a pension or gratuity on the basis of which a pension was awarded to him pursuant to section 6 of the Railroad Retirement Act of 1937, or if during the last payroll period before August 29, 1935, in which he rendered service to an employer he was not in the service of an employer, in accordance with subsection (d), with respect to any service in such payroll period, or if he could have been in the employment relation to an employer only by reason of his having been, either before or after August 29, 1935, in the service of a local lodge or division defined as an employer in subsection (a). " (f)(1) The term 'years of service' shall mean the number of years an individual as an employee shall have rendered service to one or more employers for compensation or received remuneration for time lost, and shall be computed in accordance with the provisions of section 3(i). Twelve calendar months, consecutive or otherwise, in each of which an employee has rendered such service or received such wages for lime lost, shall constitute a year of service. Ultimate fractions shall be taken at their actual value, except that if the individual will have had not less than one hundred twenty-six months of service, an ultimate fraction of six months or more shall be taken as one year. " (2) Where service prior to August 29, 1935, may be included in the computation of years of service as provided in subdivision (3) of section 3(i), it may be included as to— "(i) service rendered to a person which was an employer on August 29, 1935, irrespective of whether such person was an employer at the time such service was rendered; "(ii) service rendered to any express company, sleeping-car company, or carrier by railroad which was a predecessor of a company which, on August 29, 1935, was an employer as defined in paragraph (i) of subsection (a)(1), irrespective of whether such predecessor was an employer at the time such service was rendered; and "(iii) service rendered to a person not an employer in the performance of operations involving the use of standard railroad equipment if such operations were performed by an employer on August 29, 1935. " (g)(1) For purposes of section 3(i)(2) of this Act, an individual shall be deemed to have been in 'military service' when commissioned or enrolled in the active service of the land or naval forces of the United States and until resignation or discharge therefrom; and the service of any individual in any reserve component of the land or naval forces of the United States, while serving in the land or naval forces of the United States for any period, even though less than thirty days, shall be deemed to have been active service in such force during such period. "(2) For purposes of section 3(i)(2) of this Act, a 'war service period' shall mean (A) any war period, or (B) with respect to any particular individual, any period during which such individual (i) having been in military service at the end of a war period, was required to continue in military service, or (ii) was required by call of the President, or by any Act of Congress or regulation, order, or proclamation pursuant thereto, to enter and continue in military service, or (C) any period after September 7, 1939, with respect to which a state of national emergency was duly declared to exist which requires a strengthening of the national defense. " (3) For purposes of section 3(i)(2) of this Act, a 'war period' shall be deemed to have begun on whichever of the following dates is the earliest: (A) the date on which the Congress of the United States declared war; or (B) the date as of which the Congress of the United States declared that a state of war has existed; or (C) the date on

1309

45 USC 228f.

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 1310

'-

26 USC 6053.

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

which war was declared by one or more foreign states against the United States; or (D) the date on which any part of the United States or any territory under its jurisdiction was invaded or attacked by any armed force of one or more foreign states; or (E) the date on which the United States engaged in armed hostilities for the pvirpose of preserving the Union or of maintaining in any State of the Union a republican form of government. "(4) For purposes of section 3(i)(2) of this Act, a 'war period' shall be deemed to have ended on the date on which hostilities ceased. " (h)(1) The term 'compensation' means any form of money remuneration paid to an individual for services rendered as an employee to one or more employers, or as an employee representative, including remuneration paid for time lost as an employee, but remuneration paid for time lost shall be deemed earned in the month in which such time is lost. A payment made by an employer to an individual through the employer's payroll shall be presumed, in the absence of evidence to the contrary, to be compensation for service rendered by such individual as an employee of the employer in the period with respect to which the payment is made. Compensation earned in any calendar month before 1947 shall be deemed paid in such month regardless of whether or when payment will have been in fact made, and compensation earned in any calendar year after 1946 but paid after the end of such calendar year shall be deemed to be compensation paid in the calendar year in which it will have been earned if it is so reported by the employer before February 1 of the next succeeding calendar year or if the employee establishes, subject to the provisions of section 9, the period during which such compensation will have been earned. "(2) An employee shall be deemed to be paid 'for time lost' the amount he is paid by an employer with respect to an identifiable period of absence from the active service of the employer, including absence on account of personal injury, and the amount he is paid by the employer for loss of earnings resulting from his displacement to a less remunerative position or occupation. If a payment is made by an employer with respect to a personal injury and includes pay for time lost, the total payment shall be deemed to be paid for time lost unless, at the time of payment, a part of such payment is specifically apportioned to factors other than time lost, in which event only such part of the payment as is not so apportioned shall be deemed to be paid for time lost. "(3) Solely for purposes of determining amounts to be included in the compensation of an employee, the term 'compensation' shall also include cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is less than $20. "(4) Tips included as compensation b ^ reason of the provisions of subdivision (3) shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) of the Internal Revenue Code of 1954 or, if no statement including such tips is so furnished, at the time received. Tips so deemed to be paid in any month shall be deemed paid for services rendered in such month. "(5) I n determining compensation, there shall be attributable as compensation paid to an employee in calendar months in which he is in military service creditable under section 3(i)(2), in addition to any other compensation paid to him with respect to such months— "(i) for each such calendar month prior to 1968, $160; "(ii) for each such calendar month after 1967 and prior to 1975, $260; and

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PUBLIC LAW 93-445-OCT. 16, 1974

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"(iii) for each such calendar month after 1974, the amount which is creditable as such individual's 'wages' under the third paragraph of section 209 of the Social Security Act. 42 USC 409. "(6) Notwithstanding the provisions of the preceding subdivisions of this subsection, the term 'compensation' shall not include— " (i) tips, except as is provided under subdivision (3) of this subsection; "(ii) the voluntary payment by an employer, without deduction from the remuneration of the employee, of any tax now or hereafter imposed with respect to the compensation of such employee; "(iii) remuneration for service which is performed by a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101(a) (15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the pur- « use 1101. pose specified in subparagraph (F) or (J), as the case may be; "(iv) remuneration earned in the service of a local lodge or division of a railway-labor-organization employer with respect to any calendar month in which the amount of such remuneration is less than $25; and "(v) remuneration for service as a delegate to a national or international convention of a railway-labor-organization employer if the individual rendering such service has not previously rendered service, other than as such a delegate, which may be included in his 'years of service'. " (i) The term 'Board' means the Railroad Retirement Board. " (j) The term 'company' includes corporations, associations, and joint-stock companies. " (k) The term 'employee' includes an officer of an employer. "(1) The term 'person' means an individual, a partnership, an association, a joint-stock company, a corporation, or the United States or any other governmental body. "(m) The term 'United States,' when used in a geographical sense, means the States and the District of Columbia. " (n) The term 'Social Security Act' means the Social Security Act "^ use 1305. ^ as amended from time to time. "(o) An individual shall be deemed to have 'a current connection with the railroad industry' at the time an annuity begins to accrue to him and at death if, in any thirty consecutive calendar months before the month in which an annuity under this Act begins to accrue to him, or the month in which he dies if that first occurs, he will have been in service as an employee in not less than twelve calendar months and, if such thirty calendar months do not immediately precede such month, he will not have been engaged in any regular employment other than employment for an employer or employment with the Department of Ti-ansportation, the Interstate Commerce Commission, the National Mediation Board, or the Railroad Retirement Board in the period before such month and after the end of such thirty months. For the purposes of section 2(d) only, an individual shall be deemed also to have a 'current connection with the railroad industry' if he will have completed ten years of service and (A) he would be neither fully nor currently insured under 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, or (B) he has no quarters of coverage under the Social Security Act. " (p) The term 'annuity' means a monthly sum which is payable on the first day of each calendar month for the accrual during the preceding calendar month.

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Rh your little satisfaction with and love for it, is to deny it then. My civil neighbor, the tax-gatherer, is the very man I have to deal with,—for it is, after all, with men and not with parchment that I quarrel,—and he has voluntarily chosen to be an agent of the government. How shall he ever know well what he is and does as an officer of the government, or as a man, until he is obliged to consider whether he shall treat me, his neighbor, for whom he has respect, as a neighbor and well-disposed man, or as a maniac and disturber of the peace, and see if he can get over this obstruction to his neighborliness without a ruder and more impetuous thought or speech corresponding with his action? I know this well, that if one thousand, if one hundred, if ten men whom I could name,—if ten honest men only,—aye, if one man, in this State of Massachusetts, ceasing to hold slaves, were actually to withdraw from this copartnership, and be locked up in the county jail therefor, it would be the abolition of slavery in America. For it matters not how small the beginning may seem to be: what is once well done is done for ever. But we love better to talk about it: that we say is our mission. Reform keeps many scores of newspapers in its service, but not one man. If my esteemed neighbor, the State's ambassador, who will devote his days to the settlement of the question of human rights in the Council Chamber, instead of being threatened with the prisons of Carolina, were to sit down the prisoner of Massachusetts, that State which is so anxious to foist the sin of slavery upon her sister,—though at present she can discover only an act of inhospitality to be the ground of a quarrel with her,—the Legislature would not wholly waive the subject the following winter.

Under a government which imprisons any unjustly, the true place for a just man is also a prison. The proper place to-day, the only place which Massachusetts has provided for her freer and less desponding spirits, is in her prisons, to be put out and locked out of the State by her own act, as they have already put themselves out by their principles. It is there that the fugitive slave, and the Mexican prisoner on parole, and the Indian come to plead the wrongs of his race,

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1356

 1312

42 USC 1305. 42 USC 414.

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

" (q) The terms 'quarter' and 'calendar quarter' shall mean a period of three calendar months ending on March 31, June 30, September 30, or December 31. " (r) For purposes of this Act, a person shall be considered to be permanently insured under the Social Security Act on December 31, 1974, if he or she would be fully insured within the meaning of section 214(a) of that Act when he or she attains age 62 solely on the basis of his or her quarters of coverage under that Act acquired prioi to January 1, 1975. "ANNUITY ELIGIBILITY REQUIREMENTS

45 USC 231a.

"SEC. 2. (a)(1) The following-described individuals, if they shall have completed ten years of service and shall have filed application for annuities, shall, subject to the conditions set forth in subsections (e), (f), and (h), be entitled to annuities in the amounts provided under section 3 of this Act— "(i) individuals who have attained the age of sixty-five; "(ii) individuals who have attained the age of sixty and have completed thirty years of service; "(iii) individuals who have attained the age of sixty-two and have completed less than thirty years of service, but the annuity of such individuals shall be reduced by 1/180 for each calendar month that he or she is under age sixty-five when the annuity begins to accrue; "(iv) individuals who have a current connection with the railroad industry, whose permanent physical or mental condition is such as to be disabling for work in their regular occupation, and who (A) have completed twenty years of service or (B) have attained the age of sixty; and "(v) individuals whose permanent physical or mental condition is such that they are unable to engage in any regular employment. "(2) For the purposes of paragraph (iv) of subdivision (1), the Board, with the cooperation of employers and employees, shall secure the establishment of standards determining the physical and mental conditions which permanently disqualify employees for work in the several occupations in the railroad industry, and the Board, employers, and employees shall cooperate in the promotion of the greatest practicable degree of uniformity in the standards applied by the several employers. An individual's condition shall be deemed to be disabling for work in his regular occupation if he will have been disqualified by his employer for service in his regular occupation in accordance with the applicable standards so established; if the employee will not have been so disqualified by his employer, the Board shall determine whether his condition is disabling for work in his regular occupation in accordance with the standards generally established; and, if the employee's regular occupation is not one with respect to which standards will have been established, the standards relating to a reasonably comparable occupation shall be used. If there is no such comparable occupation, the Board shall determine whether the employee's condition is disabling for work in his regular occupation by determining whether under the practices generally prevailing in industries in which such occupation exists such condition is a permanent disqualification for work in such occupation. For purposes of this subdivision and paragraph (iv) of subdivision (1), an employee's 'regular occupation' shall be deemed to be the occupation in which he will have been engaged in more calendar months than the calendar months in which he will have been engaged in any other occupation during the last

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1357

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

1313

preceding five calendar years, whether or not consecutive, in each of , which years he will have earned wages or salary, except that, if an employee establishes that during the last fifteen consecutive calendar years he will have been engaged in another occupation in one-half or more of all the months in which he will have earned wages or salary, he may claim such other occupation as his regular occupation. "(3) Such satisfactory proof shall be made from time to time as prescribed by the Board, of the disability provided for in paragraph (iv) or (v) of subdivision (1) and of the continuance of such disability (according to the standards applied in the establishment of such disability) until the employee attains the age of sixty-five. If the individual fails to comply with the requirements prescribed by the Board as to proof of the continuance of the disability until he attains the age of sixty-five years, his right to an annuity by reason of such disability shall, except for good cause shown to the Board, cease, but without prejudice to his rights to any subsequent annuity to which he may be entitled. "(b)(1) An individual who— "(i) has attained age 60 and completed thirty years of service or attained age 65; " (ii) has completed twenty-five years of service; "(iii) is entitled to the payment of an annuity under subsection (a)(1); and "(iv) had a current connection with the railroad industry at the time such annuity began to accrue; shall, subject to the conditions set forth in subdivision (2) of this subsection and in subsections (e) and (h), be entitled to a supplemental annuity in the amount provided under section 3 of this Act: Provided, however, That in cases where an individual's annuity under subsection (a)(1) begins to accrue on other than the first day of the month, the amount of any supplemental annuity to which he is entitled for that month shall be reduced by one-thirtieth for each day with respect to which he is not entitled to an annuity under subsection (a)(1), "(2) No individual shall be entitled to a supplemental annuity provided by this subsection for any period after he renders any service as an employee for compensation after his supplemental annuity closing date, which is the last day of the month following the month in which he attains age 65: Provided, however, That the supplemental annuity closing date of an individual who attained age 65 prior to January 1, 1975, shall be determined under section 3(j)(4) of the Kailroad Eetirement Act of 1937: Provided further, That for ^^ use 228c. an employee whose supplemental annuity closing date occurs after he has completed at least 23 years of service but before he has completed 25 years of service and before he would have been entitled (upon filing an application therefor) to monthly insurance benefits under section 202(a) of the Social Security Act if he had no service as an 42 USC 402. employee under this Act, such closing date shall be extended to the earlier of (A) the day before the first day of the first month for which he would (on application) be entitled to monthly insurance benefits under section 202(a) of the Social Security Act if he had no service as an employee under this Act, or (B) the last day of the first month for which he qualifies for a supplemental annuity under this subsection. "(3) The provisions of subdivision (2) shall not supersede the provisions of any agreement reached through collective bargaining which provides for mandatory retirement at an age less than the applicable supplemental annuity closing date determined under such subdivision. " (c)(1) The spouse of an individual, if— "(i) such individual (A) is entitled to an annuity under subsection (a)(1) and (B) has attained the age of 60 and has com-

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Page:The Eurypterida of New York Volume 1.pdf/447

 {| width="100%"
 * - valign="top"
 * 1907 || Fritsch, Anton. Miscellanea Palaeontologica. I. Palaeozoica. Prag.
 * - valign="top"
 * 1907 || Peach, B. N. Note on a Specimen of Glyptoscorpius from the Coal Measures of Airdrie, the Property of Robert Dunlap of Baillieston. Geol. Soc. Glasgow Trans. 13:1-3
 * - valign="top"
 * 1907 || von Reichenbach, E. Stromer. Ueber Molukkenkrebse. Monatsber. Deutschen Geol. Gesellschaft. Bd. 59, p. 187
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 * 1908 || Clarke, John M. Early Devonic History of New York and Eastern North America. N. Y. State Mus. Mem. 9, pt 1, p. 27, 38, etc.
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 * 1908 || Fowler, Henry W. The King Crab Fisheries in Delaware Bay, etc. New Jersey State Mus. An. Rep't, p. 113
 * - valign="top"
 * 1908 || Barrell, Joseph. Relations between Climate and Terrestrial Deposits. Jour. Geol. 16:255
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 * 1908 || Hitchcock, C. H., & Patten, W. Studies of the Tracks of Climactichnites. Science, n. s. 28:382
 * - valign="top"
 * 1908 || Gaskell, W. H. The Origin of Vertebrates. Longmans, Green & Co., London
 * - valign="top"
 * 1908 || White, David. Fossil Flora of the Coal Measures of Brazil, in Commissão de Estudos das Minas de Carvão de Pedra do Brazil. Final Rep't by I. C. White
 * - valign="top"
 * 1909 || The Cambridge Natural History. The Crustacea and Arachnids. Eurypterida by Henry Woods
 * - valign="top"
 * 1909 || Clarke, John M. Early Devonic History of New York and Eastern North America. N. Y. State Mus. Mem. 9, pt 2, p. 18
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 * 1909 || Seward, A. C. Notes on Fossil Plants from the Witteberg Series of Cape Colony. Geol. Mag. dec. 5, v. 6, no. 11, p. 482
 * - valign="top"
 * 1909 || Twenhofel, W. H. The Silurian Section at Arisaig, Nova Scotia. American Jour. Sci. 28, p. 151
 * - valign="top"
 * 1909 || Woodward, Henry. Note on the Genus Hastimima from Brazil and the Cape. Geol. Mag. dec. 5, v. 6, no. 11, p. 486
 * - valign="top"
 * 1911 || Walcott, Charles D. Smithsonian Miscellaneous Collections, v. 57, no. 2. Middle Cambrian Merostomata
 * }


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Page:Boys of Columbia High on the River.djvu/156

144 people go to England from the Continent it is usually to get a steamer across. Perhaps you may see the lady you are longing to meet before many suns rise and set," suggested Frank.

His companion sighed heavily; but at the same time an eager light shone in his eyes as he winked rapidly to keep the tears away.

"Oh! I hope so," he said, softly, "I hope so, Frank. Then perhaps some of my dreams may come true. To find a mother would be next door to Heaven to me!"

Frank had to go over the whole story of the race at the dinner table. True, his mother and father as well as Helen had been eye witnesses of the start and conclusion, but that was not everything. He told just how he had managed things to hold out against the coming tragic conclusion which he had foreseen long before it happened.

After dinner Helen went off, saying that she and Minnie had agreed to take the other boat belonging to Frank and row down the river; for all Columbia was "water mad," as Frank said, on this day of the regatta.

It was about two o'clock when Frank's father requested him to mount his wheel and carry a letter to Squire Prentice, who lived a couple of miles out on the road leading over to Chester, away from the river.


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1358

 1314

42 USC 416.

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

pleted thirty years of service or has attained the age of 62, and "^ii) such spouse (A) has attained the age of 65, or (B) has attained the age of 60 and such individual has completed thirty years of service, or (C), in the case of a wife, has in her care (individually or jointly with her husband) a child who meets the qualifications prescribed in paragraph (iii) of subsection (d)(1) (without regard to the provisions of clause (B) of such paragraph), shall, subject to the conditions set forth in subsections (e), (f), and (h), be entitled to a spouse's annuity, if he or she has filed application therefor, in the amount provided under section 4 of this Act. "(2) A spouse who would be entitled to an annuity under subdivision (1) if he or she had attained the age of 65 may elect upon or after attaining the age of 62 to receive such annuity, but the annuity in any such case shall be reduced by 1/180 for each calendar month that the spouse is under age 65 when the annuity begins to accrue. "(3) For the purposes of this Act, the term 'spouse' shall mean the wife or husband of an annuitant under subsection (a)(1) who (i) was married to such annuitant for a period of not less than one year immediately preceding the'day on which the application for a spouse's annuity is filed, or in the month prior to his or her marriage to such annuitant was eligible for an annuity under paragraph (i) or (iv) of subsection (d)(1) or, on the basis of disability, under paragraph (iii) thereof, or is the parent of such annuitant's son or daughter, if, as of the day on which the application for a spouse's annuity is filed, such wife or husband and such annuitant were members of the same household, or such wife or husband was receiving regular contributions from such annuitant toward her or his support, or such annuitant has been ordered by any court to contribute to the support of such wife or husband; and (ii) m the case of a husband, was receiving at least onehalf of his support from his wife at the time his wife's annuity under subsection (a)(1) began. " (d)(1) The following described survivors of a deceased employee who will have completed ten years of service and will have had a current connection with the railroad industry at the time of his death shall, subject to the conditions set forth in subsections (g) and (h), be entitled to annuities, if they have filed application therefor, in the amounts provided under section 4 of this Act— " (i) a widow (as defined in section 216(c) and (k) of the Social Security Act) or widower (as defined in section 216(g) and (k) of the Social Security Act) of such a deceased employee who has not remarried and who (A) will have attained the age of sixty or (B) will have attained the age of fifty but will not have attained age sixty and is under a disability which began before the end of the period prescribed in subdivision (2), and who, in the case of a widower, was receiving at least one-half of his support from the deceased employee at the time of her death or at the time her annuity under subsection (a)(1) began; "(ii) a widow (as defined in section 216(c) and (k) of the Social Security Act) of such a deceased employee who has not remarried and who (A) is not entitled to an annuity under paragraph (i), and (B) at the time of filing an application for an annuity under this paragraph, will have in her care a child of such deceased employee, which child is entitled to an annuity under paragraph (iii) (other than an annuity payable to a child who has attained age 18 and is not under a disability); "(iii) a child (as defined in section 216(e) and (k) of the Social Security Act) of such a deceased employee who (A) will be less than eighteen years of age, or (B) will be less than twenty-

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text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1359

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

two years of age and a full-time student at an educational institution, or (C) will, without regard to his age, be under a disability which began before he attained age twenty-two or before the close of the eighty-fourth month following the month in which his most recent entitlement to an annuity under this paragraph terminated because he ceased to be under a disability, and who is unmarried and was dependent upon the employee at the time of the employee's death; and "(iv) a parent (as defined in section 202(h)(3) of the Social Security Act) of such a deceased employee who (A) will have attained the age of sixty and (B) will have received at least onehalf of his or her support from such deceased employee at the time of the employees' death and (C) will not have remarried after the employee's death: Provided, however, That no parent will be entitled to an annuity under this paragraph on the basis of the deceased employee's compensation and years of service in any case where such employee died leaving a widow or widower or a child who is, or who might in the future become, entitled to an annuity under this subsection. "(2) The period referred to in clause (B) of subdivision (1)(i) is the period (i) beginning with the latest of (A) the month of the employee's death, (B) in the case of a widow, the last month for which she was entitled to an annuity under paragraph (ii) of subdivision (1) as the widow of the deceased employee, or (C) the month in which the widow's or widower's previous entitlement to an annuity as the widow or widower of the deceased employee terminated because her or his disability had ceased and (ii) ending with the month before the month in which she or he attains age sixty, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. "(3) For purposes of paragraph (i) or (iii) of subdivision (1), a widow, widower, or child shall be under a disability if her or his permanent physical or mental condition is such that she or he is unable to engage in any regular employment. The provisions of subsection (a)(3) of this section as to the proof of disability shall apply with regard to determinations with respect to disability under subdivision

1315

^2 USC 402.

"(4) I n determining for purposes of this subsection and subdivision (3) of subsection (c) whether an applicant is the wife, husband, widow, widower, child, or parent of a deceased employee as claimed, the rules set forth in section 216(h) of the Social Security Act shall be applied '^^ "^"^ ''^^• deeming, for this purpose, individuals entitled to an annuity under subsection (c) to be entitled to benefits under subsection (b) or (c) of section 202 of the Social Security Act and,individuals entitled to '•s use 402. an annuity under paragraph (i) or (ii) of subsection (d)(1) to be entitled to a benefit under subsection (e), (f), or (g) of section 202 of the Social Security Act. For purposes of paragraph (iii) of subdivision (1), a child shall be deemed to have been dependent upon his parent employee if the conditions set forth in section 202(d)(3), (4), or (9) of the Social Security Act are fulfilled. The provisions of paragraph (7) of section 202(d) of the Social Security Act (defining the terms 'full-time student' and 'educational institution') shall be anplied by the Board in the administration of this subsection as if the references therein to the Secretary were references to the Board. A child who attains age twenty-two at a time when he is a full-time student (as defined in subparagraph (A) of paragraph (7) of section 202(d) of the Social Security Act and without the application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a degree from a four-year

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text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1360

 1316

^j^'Compensated

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

college or university shall be deemed (for purposes of determining his continuing or initial entitlement to an annuity under this subsection) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is enrolled or until the first day of the third month beginning after such time, whichever first occurs). "(e)(1) No individual shall be entitled to an annuity under subsection (a)(1) until he shall have ceased to render compensated service to any person, whether or not an employer as defined in section 1(a) (but with the right to engage in other employment to the extent not prohibited by subdivision (3) or (4) of this subsection or by subsecJ^JQJ^ (f))- As uscd lu this subsection, the term 'compensated service' shall not include any service as an elected public official of the United States, a State, or any political subdivision of a State. "(2) An annuity under subsection (a)(1) shall be paid only if the applicant shall have relinquished such rights as he may have to return to the service of an employer and of the person, or persons, by whom he was last employed: Provided, however, That this requirement shall not apply to individuals mentioned in paragraphs (iv) and (v) of subsection (a)(1) prior to attaining age sixty-five: Provided further, That, notwithstanding the provisions of the preceding proviso and of clause (i) of subsection (c)(1) of this section, an annuity shall be paid to the spouse of an individual only if such individual shall have satisfied the requirements of this subdivision without regard to the preceding proviso: And provided further, That, notwithstanding the provisions of the first proviso of this subdivision and of clause (iii) of subsection (b)(1) of this section, a supplemental annuity shall be paid to an individual only if such individual shall have satisfied the requirements of this subdivision without regard to the first proviso thereof. "(3) No annuity under subsection (a)(1) or supplemental annuity under subsection (b)(1) shall be paid with respect to any month in which an individual in receipt of an annuity or supplemental annuity thereunder shall render compensated service to an employer or to the last person, or persons, by whom he was employed prior to the date on which the annuity under subsection (a)(1) began to accrue. Individuals receiving annuities under subsection (a)(1) shall report to the Board immediately all such compensated service. "(4) No annuity under paragraph (iv) or (v) of subsection (a)(1) shall be paid to an individual with respect to any month in which the individual is under age sixty-five and is paid more than $200 in earnings from employment or self-employment of any form: Provided, however. That for purposes of this subdivision, if a payment in any one calendar month is for accruals in more than one calendar month, such payment shall be deemed to have been paid in each of the months in which accrued to the extent accrued in such month. Any such individual under the age of sixty-five shall report to the Board any such payment of earnings for such employment or self-employment before receipt and acceptance of an annuity for the second month following the month of such payment. A deduction shall be imposed, with respect to any such individual who fails to make such report, in the annuity or annuities otherwise due the individual, in an amount equal to the amount of the annuity for each month in which he is paid such earnings in such employment or self-employment, except that the first deduction imposed pursuant to this sentence shall in no case exceed an amount equal to the amount of the annuity otherwise due for the first

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text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1361

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

month with respect to which the deduction is imposed. If pursuant to the first sentence of this subdivision an annuity was not paid to an individual with respect to one or more months in any calendar year, and it is subsequently established that the total amount of such individual's earnings during such year as determined in accordance with that sentence (but exclusive of earnings for services described in subdivision (3)) did not exceed $2,400, the annuity with respect to such month or months, and any deduction imposed by reason of the failure to report earnings for such month or months under the third sentence of this subdivision, shall then be payable. If the total amount of such individual's earnings during such year (exclusive of earnings for services described in subdivision (3)) is in excess of $2,400, the number of months in such year with respect to which an annuity is not payable by reason of such first and third sentences shall not exceed one month for each $200 of such excess, treating the last $100 or more of such excess as $200; and if the amount of the annuity has changed during such year, any payments of annuities which become payable solely by reason of the limitations contained in this sentence shall be made first with respect to the month or months for which the annuity is larger. "(5) The annuity of a spouse under subsection (c) shall, with respect to any month, be subject to the same provisions of this subsection as the individual's annuity. In addition, the annuity of a spouse under subsection (c) shall not be payable for any month if the individual's annuity under subsection (a)(1) is not payable for such month by reason of the provisions of this subsection. " (f)(1) That portion of the individual's annuity as is computed under section 3(a) of this Act on the basis of (A) his compensation and years of service subsequent to December 31, 1974, and (B) his wages and self-employment income derived from employment and self-employment under the Social Security Act and that portion of the individual's annuity as is computed under section 3(h) of this Act shall be subject to deductions on account of work pursuant to the provisions of section 203 of the Social Security Act in the same manner as if such portion of such annuity were a monthly insurance benefit under that Act: Provided, hotiyever, That the provisions of this subdivision shall be applicable to the annuity of an individual only if such individual would be fully insured under the Social Security Act on the basis of wages and self-employment income derived from employment and self-employment under that Act and on the basis of compensation derived from service as an employee after December 31, 1974, if such service as an employee had been included in the term 'employment' as defined in that Act. Any person in receipt of an annuity subject to deduction under this subsection shall report to the Board the receipt of excess earnings as defined in paragraph (3) of section 203(f) of the Social Security Act. "(2) That portion of the spouse's annuity under subsection (c) which is derived from the portion of the individual's annuity subject to deductions under subdivision (1) and that portion of the spouse's annuity as is computed vmder section 4(e) of this Act shall be subject to deductions on account of work pursuant to the provisions of section 203 of the Social Security Act in the same manner as if such portion of such spouse's annuity were a monthly insurance benefit under that Act. In addition, such portion of the spouse's annuity shall be subject to deductions if the individual's annuity is subject to deductions under subdivision (1) in the same manner as if such portion of such spouse's annuity were a monthly insurance benefit under the Social Security Act.

38-194 O - 76 - 86 Pt. 1

1317

42 USC 1305. ^2 USC 403.

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