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made the original certification and such department or agency shall make such recertification as in its judgment the evidence warrants. Such recertification, and any subsequent recertification, shall be conclusive, made in the same manner, and subject to the same conditions as an original certification. "(9) The Board shall maintain such offices, provide such equipment, Duties. furnishings, supplies, services, and facilities, and employ such individuals and provide for their compensation and expenses as may be necessary for the proper discharge of its functions. All positions to which such individuals are appointed, except one administrative assistant to each member of the Board, shall be in and under the competitive civil service and shall not be removed or excepted therefrom. In the employment of such individuals under the civil service laws and rules the Board shall give preference over all others to individuals who have had experience in railroad service, if, in the judgment of the Board, they possess the qualifications necessary for the proper discharge of the duties of the positions to which they are to be appointed. For purposes of its administration of this Act or the Railroad Unemployment Insurance Act, or both, the Board may place, without regard '^^ use 367. to the numerical limitations contained in section 505 of the Classification Act of 1949, as amended, four positions in grade GS-16 of the ^ "^^ ^^°General Schedule established by that Act, four positions in grade ^^^^^^ ^^^^ GS-17 of such schedule, and one position in grade GS-18 of such schedule. "(c)(1) Benefit payments determined by the Board to be payable under this Act shall be made from the Railroad Retirement Account, except that payments of supplemental annuities under section 2(b) of this Act shall be made from the Railroad Retirement Supplemental Account. "(2) At the close of the fiscal year ending June 30, 1975, and each fiscal year thereafter, the Board and the Secretary of Health, Education, and Welfare shall determine the amounts, if any, which if added to or subtracted from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund would place each such Trust Fund in the same position in which it would have been if (A) service as an employee after December 31, 1936, had been included in the term 'employment' as defined in the Social Security Act and in the Federal "^^ use uos. Insurance Contributions Act and (B) this Act had not been enacted. 26 USC aioi. Such determination with respect to each such Trust Fund shall be made no later than June 15 following the close of the fiscal year. If, pursuant to any such determination, any amount is to be added to any such Trust Fund, the Board shall, within ten days after the determination, certify such amount to the Secretary of the Treasury for transfer from the Railroad Retirement Account to such Trust Fund. If, pursuant to any such determination, any amount is to be subtracted from any such Trust Fund, the Secretary of Health, Education, and Welfare shall, within ten days after the determination, certify such amount to the Secretary of the Treasury for transfer from such Trust Fund to the Railroad Retirement Account. Any amount so certified shall further include interest (at the rate determined in subdivision (3) for the fiscal year under consideration) payable from the close of such fiscal year until the date of certification. The Secretary of the Treasury is authorized and directed to transfer to the Railroad Retirement Account from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, or the Federal Hospital Insurance Trust Fund or to any such Trust Fund from the Railroad Retirement Account, as the case may be, such amounts as, from time to time, may be determined by the Board and

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42 USC 426,

Ante, p. 1312. 45 USC 228a. Ante. p. 1319. ^^42 USC 423,

42 USC 426.

42 USC 1305.

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

the Secretary of Health, Education, and Welfare pursuant to the provisions of this subdivision and certified by the Board or the Secretary of Health, Education, and Welfare for transfer from any such Trust Fund or from the Railroad Retirement Account. "(3) For purposes of subdivision (2), for any fiscal year, the rate of interest to be used shall be equal to the average rate of interest, computed as of May 31 preceding the close of such fiscal year, borne by all interest-bearing obligations of the United States then forming a part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest shall be the multiple of one-eighth of 1 per centum next lower than such average rate. " (d)(1) The Board shall, for purposes of this subsection, have the same authority to determine the rights of individuals described in subdivision (2) to have payments made on their behalf for hospital insurance benefits consisting of inpatient hospital services, posthospital extended care services, posthospital home health services, and outpatient hospital diagnostic services (all hereinafter referred to as 'services') under section 226, and parts A and C of title X VIII, of the Social Security Act as the Secretary of Health, Education, and Welfare has under such section and such parts with respect to individuals to whom such sections and such parts apply. For purposes of section 8, a determination wuth respect to the rights of an individual under this subsection shall, except in the case of a provider of services, be considered to be a decision with respect to an annuity. "(2) Except as otherwise provided in this subsection, every person who— " (i) has attained age 65 and (A) is entitled to an annuity under this Act or (B) would be entitled to such an annuity had he ceased compensated service and, in the case of a spouse, had such spouse's husband or wife ceased compensated service; or "(ii) has not attained age 65 and (A) has been entitled to an annuity under section 2 of this Act, or under the Railroad Retiremcut Act of 1937 and section 2 of this Act, or could have been includible in the computation of an annuity under section 3(f)(3) ^^ ^^lis Act, for uot less than 24 consecutive months and (B) could have been entitled for 24 consecutive calendar months, and could currently be entitled, to monthly insurance benefits under section 223 of the Social Security Act or under section 202 of that Act on the basis of disability if service as an employee after December 31, 1936, had been included in the term 'employment' as defined in that Act and if an application for disability benefits had been filed, shall be certified to the Secretary of Health, Education, and Welfare as a qualified railroad retirement beneficiary under section 226 of the Social Security Act. " (3) If an individual entitled to an annuity under paragraph (iv) or (v) of section 2(a)(1) of this Act would have been insured for disability insurance benefits as determined under section 223(c)(1) of the Social Security Act at the time such annuity began, he shall be deemed, solely for purposes of paragraph (ii) of subdivision (2), to be entitled to a disability insurance benefit under section 223 of the Social Security Act for each month, and beginning with the first month, in which he would meet the requirements for entitlement to such a benefit, other than the requirement of being insured for disability insurance benefits, if service as an employee after December 31, 1936, had been included in the term 'employment' as defined in the Social Security Act and if an application for disability benefits had been filed. "(4) The rights of individuals described in subdivision (2) of this subsection to have payment made on their behalf for the services

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


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referred to in subdivision (1) but provided in Canada shall be the same as those of individuals to whom section 226 and part A of title X VIII of the Social Security Act apply, and this subdivision shall be ^^42^ use 42 6, administered by the Board as if the provisions of section 226 and part A of title X VIII of the Social Security Act were applicable, as if references to the Secretary of Health, Education, and Welfare were to the Board, as if references to the Federal Hospital Insurance Trust Fund were to the Railroad Retirement Account, as if references to the United States or a State included Canada or a subdivision thereof, and as if the provisions of sections 1862(a)(4), 1863, 1864, 1867, 1868, 1869, 1874(b), and 1875 were not included in such title. The payments for services herein provided for in Canada shall be made from the Railroad Retirement Account (in accordance with, and subject to, the conditions applicable under section 7(b), in making payment of other benefits) to the hospital, extended care facility, or home health agency providing such services in Canada to individuals to whom subdivision (2) of this subsection applies, but only to the extent that the amount of payments for services otherwise hereunder provided for an individual exceeds the amount payable for like services provided pursuant to the law in effect in the place in Canada where such services are furnished. For the purposes of section 10 of this Act, any overpayment under this subdivision shall be treated as if it were an overpayment of an annuity. "(5) The Board and the Secretary of Health, Education, and Welfare shall furnish each other with such information, records, and documents as may be considered necessary to the administration of this subsection or section 226, and part A of title X VIII, of the Social Security Act. "(e) The Board is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to the Railroad Retirement Account, to the Railroad Retirement Supplemental Account, or to the Railroad Unemployment Insurance Account, or to the Board, or any member, officer, or employee thereof, for the benefit of such accounts or any activity financed through such accounts. Any such gift accepted pursuant to the authority granted in this subsection shall be deposited in the specific account designated by the donor or, if the donor has made no such specific designation, in the Railroad Retirement Account. "COURT JURISDICTION

"SEC. 8. Decisions of the Board determining the rights or liabilities of any person under this Act shall be subject to judicial review in the same manner, subject to the same limitations, and all provisions of lawshall apply in the same manner as though the decision were a determination of corresponding rights or liabilities under the Railroad Unemployment Insurance Act except that the time within which proceedings for the review of a decision with respect to an annuity, supplemental annuity, or lump-sum benefit may be commenced shall be one year after the decision will have been entered upon the records of the Board and communicated to the claimant.

ts use 23 ig.

4S use 367.

"RETURNS OF COMPENSATION

"SEC. 9. Employers shall file with the Board, in such manner and form and at such times as the Board by rules and regulations may prescribe, returns of compensation of employees, and, if the Board shall so require, shall furnish employees with statements of their compensation as reported to the Board. The Board's record of the compensa-

'^^ "^'^ ^^^^'

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PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

tion so returned shall be conclusive as to the amount of compensation paid to an employee during each period covered by the return, and the fact that the Board's records show that no return was made of the compensation claimed to have been paid to an employee during a particular period shall be taken as conclusive that no compensation was paid to such employee during that period, unless the error in the amount of compensation returned in the one case, or the failure to make return of the compensation in the other case, is called to the attention of the Board within four years after the day on which return of the compensation was required to be made. ERRONEOUS PAYMENTS 45 USC 231i.

45 USC 367.

"SEC. 10. (a) If the Board finds that at any time more than the correct amount of annuities or other benefits has been paid to any individual under this Act, or payment has been made to an individual not entitled thereto, recovery by adjustment in subsequent payments to which such individual, or any other individual on the basis of the same compensation, wages, or self-employment income, is entitled under this Act, or the Railroad Unemployment Insurance Act may, except as otherwise provided in this section, be made under regulations prescribed by the Board. If the individual to whom more than the correct amount has been paid dies before recovery is completed, recovery may be made by setoff or adjustments, under regulations prescribed by the Board, in subsequent payments due, under this Act, or the Railroad Unemployment Insurance Act, to the estate of such individual or to any person on the basis of the compensation, wages, or self-employment income of such individual. " (b) Adjustments under this section may be made either by deductions from subsequent payments or, with respect to payments which are to be made during a lifetime or lifetimes, by subtracting the total amount of annuities or other benefits paid in excess of the proper amount from the actuarial value, as determined by the Board, of such payments to be made during a lifetime or lifetimes and recertifying such payments on the basis of the reduced actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recertification. "(c) There shall be no recovery in any case in which more than the correct amount of annuities or other benefits has been paid under this Act to an individual or payment has been made to an individual not entitled thereto who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be contrary to the purpose of the Acts or would be against equity or good conscience. " (d) No certifying or disbursing officer shall be held liable for any amount certified or paid by him in good faith to any person where the recovery of such amount is waived under subsection (c) of this section or has been begun but cannot be completed under subsection (a) of this section. "WAIVER

45 USC 23ij.

or

ANNUITIES

"SEC. 11. Any person awarded an annuity under this Act may decline to accept all or any part of such annuity by a waiver signed and filed with the Board. Such a waiver may be revoked in writing at any time, but no payment of the annuity waived shall be made covering the period during which such waiver was in effect. Such a waiver will have no effect on entitlement to, or the amount of, any other annuity or benefit.

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PUBLIC LAW 93-445-OCT. 16, 1974

1345

"INCOMPETENCE

"SEC. 12. (a) Every individual receiving or claiming benefits, or to whom any right or privilege is extended, under this Act or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall be conclusively presumed to have been competent until the date on which the Board receives written notice, in a form and manner acceptable to the Board, that he is an incompetent, or a minor, for whom a guardian or other person legally vested with the care of his person or estate has been appointed: Provided, however, That, regardless of the legal competency or incompetency of an individual entitled to a benefit administered by the Board, the Board may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other person for such individual's use and benefit. " (b) Every guardian or other person legally vested with the care of the person or estate of an incompetent or minor who is receiving or claiming benefits, or to whom any right or privilege is extended, under this Act or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall have power everywhere, in the manner and to the extent prescribed by the Board, but subject to the provisions of the preceding subsection, to take any action necessary or appropriate to perfect any right or exercise any privilege of the incompetent or minor and to conduct all transactions on his behalf under this or any other Act of Congress now or hereafter administered, in whole or in part, by the Board. Any payment made pursuant to the provisions of this section shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment.

'*5 USC 231k.

"PENALTIES

"SEC. 13. (a) Any person who shall knowingly fail or refuse to make any report or furnish any information required by the Board in the administration of this Act, including the provisions of section 7(b)(2) thereof, or who shall knowingly make or cause to be made any false or fraudulent statement or report when a statement or report is I'equired to be made for the purpose of this Act, or who shall knowingly make or aid in making any false or fraudulent statement or claim for the purpose of causing an award or payment to be made, shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both. "(b) All fines and penalties imposed by a court pursuant to this Act shall be paid to the court and be remitted from time to time by order of the judge to the Treasury of the United States to be credited to the Railroad Retirement Account.

^^ "^^ ^ai/.

u EXEMPTION FROM LEGAL PROCESS

"SEC. 14. Notwithstanding any other law of the United States, or of any State, territory, or the District of Columbia, no annuity or supplemental annuity shall be assignable or be subject to any tax or to garnishment, attachment, or other legal process under any circumstances M^hatsoever, nor shall the payment thereof be anticipated: Provided, however, That the provisions of this section shall not operate to exclude the amount of any supplemental annuity paid to an individual under section 2(b) of this Act from income taxable pursuant to the Federal income tax provisions of the Internal Revenue Code of 1954.

'•s use 231m.

26 USC 1 et

seq.

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PUBLIC LAW 93-445-OCT. 16, 1974 ii

45 USC 231n 45 USC 228o

26 USC 3233.

26 USC 3211, ^^

3221

45 USC 228C-1.

RAILROAD RETIREMENT

[88 STAT.

ACCOUNT

"SEC. 15. (a) The Railroad Retirement Account established by section 15(a) of the Railroad Retirement Act of 1937 shall continue to be maintained in the Treasury of the United States. There is hereby authorized to be appropriated to such Account for each fiscal year, beginning with the fiscal year ending June 30, 1975, to provide for the payment of benefits to be made from such Account in accordance with the provisions of section 7(c)(1) of this Act, and to provide for expenses necessary for the Board in the administration of all provisions of this Act, an amount equal to amounts covered into the Treasury (minus refunds) during each fiscal year under the Railroad Retirement Tax Act, except those portions of the amounts covered into the Treasury under sections 3211(b), 3221(c), and 3221(d) Qf gyp]^ fpg^^ ji^Q^ g g j^j.g necessary to provide sufficient funds to meet ^ the obligation to pay supplemental annuities at the level provided under section 3(e) of this Act and, with respect to those entitled to supplemental annuities under section 205(a) of title II of this Act, at the level provided under section 205(a). The Board is directed to determine what portion of the taxes collected under sections 3211(b), 3221(c), and 3221(d) of the Railroad Retirement Tax Act is to be credited to the Railroad Retirement Account pursuant to the preceding provisions of this subsection and what portion of such taxes is to be credited to the Railroad Retirement Supplemental Account pursuant to the provisions of subsection (c) of this section. The Board shall make such a determination with respect to each calendar quarter commencing with the quarter beginning January 1, 1975, shall make each such determination not later than fifteen days before each calendar quarter, and shall, as soon as practicable after each such determination, advise the Secretary of the Treasury of the determination made. The Secretary of the Treasury shall credit the amounts covered into the Treasury under sections 3211(b), 3221(c), and 3221(d) of the Railroad Retirement Tax Act to the Railroad Retirement Account and the Railroad Retirement Supplemental Account in such proportions as is determined by the Board pursuant to the provisions of this subsection. " (b) I n addition to the amount authorized to be appropriated in subsection (a) of this section, there is hereby authorized to be appropriated to the Railroad Retirement Account for each fiscal year, beginning with the fiscal year ending June 30, 1975, such amount as the Board determines to be necessary to meet (A) the additional costs, resulting from the crediting of military service under this Act, of benefits payable under section 2 of this Act, but only to the extent that such Account is not reimbursed for such costs under section 7(c) (2), (B) the additional administrative expenses resulting from the crediting of military service under this Act, and (C) any loss in interest to such Account resulting from the payment of additional benefits based on military service credited under this Act: Provided, however, That, in determining the amount to be appropriated to the Railroad Retirement Account for any fiscal year pursuant to the provisions of this subsection, there shall not be considered any costs resulting from the crediting of military service under this Act for which appropriations to such Account have already been made pursuant to section 4(1) of the Railroad Retirement Act of 1937. Any determination as to loss in interest to the Railroad Retirement Account pursuant to clause (C) of the first sentence of this subsection shall take into account interest from the date each annuity based, in part, on military service began to accrue or was increased to the date or dates on which the amount appropriated is credited to the Account.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1391

 88

STAT.]

PUBLIC LAW 93-445-OCT. 16, 1974

The cost resulting from the payment of additional benefits under this Act based on military service determined pursuant to the preceding provisions of this subsection shall be adjusted by applying thereto the ratio of the total net level cost of all benefits under this Act to the portion of such net level cost remaining after the exclusion of administrative expenses and interest charges on the unfunded accrued liability as determined under the last completed actuarial valuation pursuant to the provisions of subsection (g) of this section. At the close of the fiscal year ending June 30, 1975, and each fiscal year thereafter, the Board shall, as promptly as practicable, determine the amount to be appropriated to the Account pursuant to the provisions of this subsection, and shall certify such amount to the Secretary of the Treasury for transfer from the general fund in the Treasury to the Railroad Eetirement Account. When authorized by an appropriation Act, the Secretary of the Treasury shall transfer to the Railroad Retirement Account from the general fund in the Treasury such amounts as, from time to time, may be determined by the Board pursuant to the provisions of this subsection and certified by the Board for transfer to such Account. In any determination made pursuant to section 7(c)(2) of this Act, no further charges shall be made against the Trust Funds established by title II of the Social Security Act for military service rendered before January 1, 1957, and with respect to which appropriations authorized by clause (2) of the first sentence of section 4(1) of the Railroad Retirement Act of 1937 shall have been credited to the Railroad Retirement Account, but the additional benefit payments incurred by such Trust Funds by reason of such military service shall be taken in account in making any such determination. "(c) The Railroad Retirement Supplemental Account established by section 15(b) of the Railroad Retirement Act of 1937 shall continue to be maintained in the Treasury of the United States. There is hereby authorized to be appropriated to such account for each fiscal year, beginning with the fiscal year ending June 30, 1975, to provide for the payment of supplemental annuities under section 2(b) of this Act, and to provide for the expenses necessary for the Board in the administration of the payment of such supplemental annuities, an amount equal to such portions of the amounts covered into the Treasury (minus refunds) during each fiscal year under sections 3211(b), 3221(c), and 3221(d) of the Railroad Retirement Tax Act as are not appropriated to the Railroad Retirement Account pursuant to the provisions of subsection (a) of this section. " (d) There is hereby authorized to be appropriated to the Railroad Retirement Account for each fiscal year, beginning with the fiscal year ending June 30, 1976, such sums as the Board determines to be necessary on a level basis to pay before the end of fiscal year 2000 the total of (A) the amounts of the annuities paid and to be paid after 1974 pursuant to the provisions of sections 3(h), 4 (e), and 4(h) of this Act and pursuant to the provisions of sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of title II of this Act, plus (B) any loss in interest to such Account resulting from the payment of such amounts reduced by (C) such amount as the Board determines, on an estimated basis, is equal to the excess of (i) the interest which such account will actually earn in the fiscal years 1976 through 2000 over (ii) the interest which such account would have earned in such fiscal years if the provisions of subsection (e) of this section were identical to the provisions of section 15(c) of the Railroad Retirement Act of 1937. The Board shall, at the time of each actuarial valuation made prior to the fiscal year 2000 pursuant to the provisions of subsection (g) of this section re-evaluate the amount determined under the preceding sen-

1347

Transfer of funds.

42 USC 4 0 1.

45 USC 228C-1.

Supplemental annuities. 45 USC 228o.

26 USC 3 2 1 1. 3221.

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PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

tence for the purpose of determining the amounts to be appropriated thereunder. Investments. "(e) At the requcst and direction of the Board, it shall be the duty of the Secretary of the Treasury (hereinafter referred to as the 'Secretary') to invest such portion of the amounts credited to the Railroad Retirement Account and the Railroad Retirement Supplemental Account as, in the judgment of the Board, is not immediately required for the payment of annuities, supplemental annuities, and death benefits. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be 31 USC 774. issued under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the accounts. Such obligations issued for purchase by the accounts shall have maturities fixed with due regard for the needs of the accounts, and shall bear interest at a rate equal to the average market yield, computed as of the end of the calendar month next preceding the date of such issue, borne by all marketable interestbearing notes of the United States then foraiing a part of the public debt that are not due or callable until after the expiration of three years from the end of such calendar month, except that where such rate is not a multiple of one-eighth of 1 per centum, the rate of interest on such obligations shall be the multiple of one-eighth of 1 Rate of interper ceutum ucarest such rate: Provided., That the rate of interest on est. such obligations shall in no case be less than 3 per centum per annum. At the request of the Board the Secretary shall purchase other interestbearing obligations of the United States, or obligations guaranteed as to both principal and interest by the United States, or other obligations which are lawful investments for trust funds of the United States, on original issue or at the market price: Provided, That the interest yield of such obligations shall not be less than the interest rate determined in accordance with the preceding sentence. At the request of the Board, the Secretary shall sell at the market price such obligations in the accounts (other than special obligations issued exclusively to the accounts) as the Board designates. The Board shall from time to time request the Secretary to redeem such special obligations issued exclusively to the accounts as the Board designates and upon such request the Secretary shall redeem such obligations at par plus accrued interest. All requests of the Board to the Secretary, provided for in this subsection, shall be mandatory upon the Secretary. I t shall be the duty of the Board to determine at all times what proportion of the accounts shall be invested in other than special obligations issued to the accounts and further to determine which of such obligations available to the accounts consistent with the foregoing requirements will provide the greatest rate of return on the funds invested. vitorrcommutee. "(f) The Board is hereby authorized and directed to select two actuaries, one from recommendations made by representatives of employees and the other from recommendations made by representatives of employers as defined in paragraph (i) of section 1(a)(1) of this Act. These actuaries, along with a third who shall be designated by the Secretary of the Treasury, shall be known as the Actuarial Advisory Committee with respect to the Railroad Retirement Account. The actuaries so selected shall hold membership in the American Academy of Actuaries and shall be qualified in the evaluation of pen-

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 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

sion plans: Provided, however, That these requirements shall not apply to any actuary who served as a member of the Committee prior to January 1, 1975. The Committee shall examine the actuarial reports and estimates made by the Board and shall have authority to recommend to the Board such changes in actuarial methods as they may deem necessary. The compensation of the members of the Committee, exclusive of the member designated by the Secretary, shall be fixed by the Board on a per diem basis. " (g) The Board shall include in its annual report a statement of the status and the operations of the Eailroad Retirement and Railroad Retirement Supplemental Accounts. At intervals not longer than three years the Board shall make an estimate of the liabilities created by this Act and shall include such estimate in its annual report. li.

1349

Annual report.

PRIVATE PENSIONS

"SEC. 16. Nothing in this Act shall be taken as restricting or discouraging payment by employers to retired employees of pensions or gratuities in addition to the annuities paid to such employees under this Act, nor shall this Act be taken as terminating any trust heretofore created for the payment of such pensions or gratuities. The annuity, except a supplemental annuity under section 2(b), of an individual shall not be reduced on account of any pension or gratuity paid by an employer to such individual.

45 USC 231c).

FREE TRANSPORTATION

"SEC. 17. I t shall not be unlawful for carriers by railroad subject to this Act to furnish free transportation to individuals receiving annuities under this Act in the same manner as such transportation is furnished to employees in their service.

45 USC 23ip.

u CREDITING SERVICE UNDER THE SOCIAL SECURITY ACT

"SEC. 18. (1) Except as provided in subdivision (2), the term 'employment' as defined in section 210 of the Social Security Act shall not include service performed by an individual as an employee as defined in section 1(b) of this Act. "(2) For the purpose of determining (i) monthly insurance benefits under the Social Security Act to an employee who will have completed less than ten years of service and to others deriving from him or her during his or her life and (ii) monthly insurance benefits and lumpsum death benefits under such Act with respect to the death of an employee who (A) will have completed less than ten years of service or (B) will have completed ten or more years of service but will not have had a current connection with the railroad industry at the time of his death, and for the purposes of section 203 of that Act, section 210(a)(9) of the Social Security Act and subdivision (1) of this section shall not operate to exclude from 'employment' under the Social Security Act service which would otherwise be included in such 'employment' but for such sections. For such purpose, compensation paid in a calendar year shall, in the absence of evidence to the contrary, be presumed to have been paid in equal proportions with respect to all months in the year in which the employee will have been in service as an employee. In the application of the Social Security Act pursuant to this subdivision to service as an emplovee, all service as defined in section 1(d) of this Act shall be deemed to have been performed within the United States.

3 8 - 1 fl4 n - 76 - 88 P t. 1

45 USC 231q. 42 USC 410.

42 USC 403.

42 USC 1305.

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PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

"AUTOMATIC B E N E F I T ELIGIBILITY REQUIREMENT ADJUSTMENTS

42 Ssc IIY'

42 USC 1305.

42 USC 426, 1395.

"^^^' ^^- ^^^ ^^ ^^^^^ ^^ ®* ^^^ Social Security Act is amended at any time after December 31, 1974, to reduce the eligibility requirements for old-age insurance benefits, disability insurance benefits, wife's insurance benefits payable to a wife, husband's insurance benefits, child's insurance benefits payable to a child of a deceased individual, widow's insurance benefits payable to a widow, widower's insurance benefits, mother's insurance benefits payable to a widow, or parent's insurance benefits, such reduced eligibility requirements shall be applicable, in accordance with regulations prescribed by the Board, to individuals, spouses, or survivors, as the case may be, under section 2 of this Act to the extent that such reduced eligibility requirements would provide such individuals, spouses, or survivors with entitlement to annuities under such section 2 to which they would not be entitled except for such reduced eligibility requirements: Provided, however, That no annuity shall be paid to any person pursuant to the provisions of this subsection if that person does not satisfy an eligibility requirement imposed by section 2 of this Act of a kind not imposed by fi^Q Social Security Act on December 31, 1974, or an eligibility requirement imposed by section 2 of this Act of a kind which was imposed by the Social Security Act on December 31, 1974, but which was not reduced by the amendment to that Act: Provided further, That the annuity amounts to which such individuals, spouses, or survivors will be entitled under this Act by reason of the provisions of this subsection shall be only such amounts as are determined under the provisions of section 3(a), 4 (a), or 4 (f), respectively, of this Act. "(b) If title II of the Social Security Act is amended at any time after December 31, 1974, to provide monthly insurance benefits under that Act to a class of beneficiaries not entitled to such benefits thereunder prior to January 1, 1975, every person who is a member of such class of beneficiaries shall be entitled to annuities under section 2 of, this Act, in accordance with regulations prescribed by the Board, in an amount equal to the amount of the monthly insurance benefit to which such person would have been entitled under the Social Security Act if service as an employee after December 31, 1936, had been included in the term 'employment' as defined in that Act. "(c) If section 226 or title X VIII of the Social Security Act is amended at any time after December 31, 1974, to reduce the conditions of entitlement to, or to expand the nature of, the benefits payable thereunder, or if health care benefits in addition to, or in lieu of, the benefits payable under such section 226 or such title X VIII are provided by any provision of law which becomes effective at any time after December 31, 1974, such reductions in the conditions of entitlement to benefits, such expanded benefits, or such additional, or substituted, health care benefits shall be available to every employee (as defined in this Act), and those deriving from him, in the same manner, and to the same extent, as if his service as an employee after December 31, 1936, had been included in the term 'employment' as defined in the Social Security Act. The Board shall have the same authority, in accordance with regulations prescribed by it, to determine the rights of employees who will have completed ten years of service, and of those deriving from such employees, to benefits provided by reason of the provisions of this subsection as the Secretary of Health, Education, and Welfare has with respect to individuals insured under the Social Security Act. " (d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section—

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1395

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

"(1) No annuity or other benefit shall be payable to any person on the basis of the compensation and years of service of an individual by reason of the provisions of subsection (a), (b), or (c) of this section if, and to the extent that, such annuity or other benefit would duplicate a benefit payable to such person on the basis of such compensation and years of service under a provision of the Social Security Act, or any other Act of Congress, which becomes effective after December 31, 1974. "(2) No annuity shall be payable to a person by reason of subsection (a) or (b) of this section unless the individual upon whose compensation and years of service such annuity would be based will have (A) completed ten years of service, and (B) in the case of a survivor, had a current connection with the railroad industry at the time of his death. "(3) If the Social Security Act is amended after December 31, 1974, to remove any, or all, restriction on the receipt of more than one monthly insurance benefit thereunder, annuity amounts provided a person under section 3(h), 4 (e), or 4(h) of this Act, or under section 204(a)(3), 204(a)(4), 206(3), or 207(3) of title II of this Act, shall be reduced (but not below zero) by the amount of any annuity provided such person under this Act by reason of such amendment. "(4) If and to the extent that an annuity or other benefit payable to a person by reason of the provisions of subsection (a), (b), or (c) of this section duplicates an annuity or other benefit then payable to such person under other provisions of this Act, such annuity or other benefit then payable under other provisions of this Act shall be reduced (but not below zero) by the amount of the annuity or other benefit payable by reason of subsection (a), (b),or(c).

1351

^2 USC 1305.

"SEPARABILITY

"SEC. 20. If any provision of this Act, or the application thereof to any person or circumstance, should be held invalid, the remainder of such Act, or the application of such provision to other persons or circumstances, shall not be affected thereby.

"^^ "^^ ^sis.

"SHORT TITLE

"SEC. 21. This Act may be cited as the 'Kailroad Ketirement Act of 1974'."

Railroad Retirement Act of 45

use

231t„

45

use

231

use

228b,,

TITLE II—TRANSITIONAL PROVISIONS SEC. 201. The claims of individuals who, prior to the effective date of title I of this Act, became eligible for annuities, supplemental annuities, or death benefits under section 2, 3 (j), or 5 of the Railroad Retirement Act of 1937 shall be adjudicated by the Board under that Act in the same manner and with the same effect as if title I of this Act had not been enacted: Provided, however, That no annuity, supplemental annuity, or death benefit shall be awarded under the Railroad Retirement Act of 1937 on the basis of an application therefor filed with the Board on or after the effective date of title I of this Act: Provided further, That no annuity under the Railroad Retirement Act of 1935, no annuity or supplemental annuity under the Railroad Retirement Act of 1937, and no pension under section 6 of the Railroad Retirement Act of 1937 shall be payable for any month after December 31, 1974.

note 45

228c, 228 e.

45

use

228a.

45

use

215-22.

notes. 45

use

228f.,

�


text:
Page:Boys of Columbia High on the River.djvu/159

 CHAPTER XVI

TO EVEN UP OLD SCORES

" still, boy!"

"Give him a tap if he kicks, Joey!"

Frank heard these words in the greatest astonishment. Even when some one had thrust that stick and upset him, he had certainly no other idea than that the unseen enemy must be one of the Lef Seller crowd, with whom he had had so much trouble in the past.

Both voices were strange to him! More than this, he realized that he had been pounced on by two full grown men, and not boys.

"What do you mean by this?" he demanded indignantly.

He was greeted by a scornful laugh.

"What do we mean, eh, Martin? Are we playing tag, and is this feller it now? Or do we want to whisper a few words in his ear about something that has bothered us considerable of late? Hey, Martin, which is it?" mocked one of the fellows. Rh


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1396

 1352

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

45 USC 231 gjjc^ 202. (a) Every individual who would have been entitled to note. use 215-22 8 ^^ annuity under the Railroad Retirement Act of 1935 for the month 45 "°t^^i of January 1975, if this Act had not been enacted, shall be entitled to an annuity under paragraph (i) of section 2(a)(1) of the Railroad Ante, p. 1312. Retirement Act of 1974, beginning January 1, 1975, in an amount Ante, p. 1319. determined under the provisions of section 3(a) of such Act, which amount shall initially be equal to the amount determined under clause 45 USC 228c. (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in such individual's annuity under the Railroad Retirement Act of 1935 pursuant to the 45 USC 228f provisions of section 105 of Public Law 93-69, less the amount of any note. monthly insurance benefit to which such individual is actually entitled (before any deductions on account of work) under the Social Security 42 USC 1305.

r5^'usc"23i note. 45 USC 228f.

note ^^^ ^^^ 45 USC 228b.

J^QI

(b) The amount of the annuity of an individual under subsection (a) of this section shall be increased by an amount, if any, equal to the amount by which (i) his annuity under the Railroad Retirement Act of 1935 for the month of December 1974 exceeds (ii) his annuity under subsection (a) of this section for the month of January 1975. ^E<^- ^^'^- (^) Every individual who would have been entitled to a pension under section 6 of the Railroad Retirement Act of 1937 for ^]^g month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under paragraph (i) of section 2(a)(1) of the Railroad Retirement Act of 1974 in an amount determined under the provisions of section 3(a) of such Act, which amount shall initially be equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in such individual's pension under section 6 of the Railroad Retirement Act of 1937 pursuant to the provisions of section 105 of Public Law 93-69, less the amount of any monthly insurance benefit to which such individual is actually entitled (before any deductions on account of work) under the Social Security Act. (b) The amount of the annuity of an individual under subsection (a) of this section shall be increased by an amount, if any, equal to the amount by which (i) his pension under section 6 of the Railroad Retirement iVct of 1937 for the month of December 1974 exceeds (ii) his annuity under subsection (a) of this section for the month of January 1975. (c) The annuities of each individual under the preceding subsections of this section shall be paid on January 1, 1975, and on the first day of each calendar month thereafter during his life. ^'^^- ^^^' (^) Every individual who was entitled to an annuity under section 2(a) 1, 2(a)2, 2(a)3, 2(a)4, or 2(a)5 of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such an annuity for such month except for the provisions of section 2(d) of such Act, and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under paragraph (i), (ii), (iii), (iv),or (v), respectively, of section 2(a)(1) of the Railroad Retirement Act of 1974, beginning January 1, 1975: Provided, however, That if an individual who was entitled to an annuity under section 2(a)4 or 2(a)5 of the Railroad Retirement Act of 1974 is age 65 or older, on January 1, 1975, such individual shall be entitled to an annuity under paragraph (i) of section 2(a)(1) of the Railroad Retirement Act of 1974. For purposes of this subsection— (1) that portion of the individual's annuity as is provided under section 3(a) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1397

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

1353

1937 for the purpose of computing the last increase in the amount ^s use 228c. of such individual's annuity as computed under the provisions of section 3(a), and that part of section 3(e) which preceded the first proviso, of the Railroad Retirement Act of 1937, less the amount of any monthly insurance benefit to which such individual is actually entitled (before any deductions on account of work) under the Social Security Act; 42 USC 1305. (2) that portion of the individual's annuity as is provided under section 3(b)(1) of the Railroad Retirement Act of 1974 ^"'«' P- 1319. shall be in an amount, if any, equal to the amount by which (A) his annuity under section 2(a) of the Railroad Retirement Act of 1937 for the month of December 1974 (before any reduction on 45 USC 228b. account of age and without regard to section 2(d) of such Act) exceeds (B)(i), if such individual is entitled to an annuity amount provided under paragraph (3) of this subsection, the amount of the annuity which would have been provided such individual under paragraph (1) of this subsection (before any reduction due to such individual's entitlement to a monthly insurance benefit under the Social Security Act) for the month of January 1975 if he had no wages or self-employment income under the Social Security Act other than wages derived from service as an employee under the Railroad Retirement Act of 1974 after December 31, ^"'«' P- isos. 1936, and before January 1, 1975, or (ii), if such individual is not entitled to an annuity amount provided under paragraph (3) of this subsection, the amount of his annuity provided under paragraph (1) of this subsection (before any reduction due to such individual's entitlement to a monthly insurance benefit under the Social Security Act) for the month of January 1975: Provided, however, That if the annuity of any individual under the Railroad Retirement Act of 1937 for the month of December 1974 was 45 USC 228a, computed under the first proviso of section 3(e) of such Act, the annuity of such individual for purposes of clause (A) of this paragraph shall be the annuity which such individual would have received under such Act for the month of December 1974, if no other person had been included in the computation of the annuity of such individual; and (3) if the individual was entitled to an old-age insurance oid-ap or disbenefit or a disability insurance benefit under the Social Security benefus?^"'^^""^ Act on December 31, 1974, or was fully insured under that Act on that date, the annuity amounts provided under paragraphs (1) and (2) of this subsection shall be increased by an amount determined under the provisions of section 3(h)(1) of the Railroad Retirement Act of 1974: Provided, however, That, if the individual was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act on December 31, 1974, such amount shall not be less nor more than an amount which would cause the total of the annuity amounts provided the individual by the provisions of this subsection for the month of January 1975 to equal the total of the annuity under the Railroad Retirement Act of 1937 (prior to any reduction on account of age and without regard to section 2(d) of that Act) plus the old-age or disability insurance benefit under the Social Security Act (before any reduction on account of age and deductions on accx)unt of work) which such individual would have received for such month if this Act had not been enacted. (4) if the individual was entitled to a wife's, husband's, widow's, or widower's insurance benefit under the Social Security Act on December 31, 1974, or is the wife, husband, widow, or widower of a person who was fully insured under that Act on

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1398

 1354

Ante,

PUBLIC LAW 93-445-OCT. 16, 1974

p. 1319.

45 USC 228b.

Ante,

p. 1312.

Supplemental annuity, eligibility. 45 USC 231 note. 45 USC 228c.

S p o u s e ' s annuity. 45 USC 231 note.

Ante,

p. 1327.

42 USC 1305.

42 USC 402.

[88 STAT.

that date, the annuity amounts provided under paragraphs (1) and (2) of this subsection shall be increased by an amount determined under the provisions of section 3(h)(3) of the Railroad Retirement Act of 1974. (b) An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937, but who could not have become eligible for an annuity under paragraph 2 of such section, shall not be eligible for an annuity under paragraph (ii) of section 2(a)(1) of the Railroad Retirement Act of 1974. SEC. 205. (a) Every individual who was entitled to a supplemental annuity under section 3(j) of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such a supplemental annuity for such month except for the provisions of section 2(d) of such Act, and who would have been entitled to such a supplemental annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to a supplemental annuity under section 2(b)(1) of the Railroad Retirement Act of 1974, beginning January 1, 1975, in an amount, the provisions of section 3(e) of such Act notwithstanding, equal to the amount of the supplemental annuity to which such individual was entitled under section 3(j) of the Railroad Retirement Act of 1937 for the month of December 1974, or to which such individual would have been entitled for such month under such section 3(j) except for the provisions of section 2(d) of such Act. (b) An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937, but who could not have become eligible for a supplemental annuity under section 3(j) of such Act if this Act had not been enacted, shall not be eligible for a supplemental annuity under section 2(b) of the Railroad Retirement Act of 1974. SEC. 206. Every spouse who was entitled to an annuity under section 2(e) or 2(h) of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such an annuity for such month except for the provisions of section 2(d) of such Act, and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under section 2(c) of the Railroad Retirement Act of 1974, beginning January 1, 1975. For purposes of this section— (1) that portion of the spouse's annuity as is provided under section 4(a) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in the amount of such spouse's annuity as computed under the provisions of section 2 of the Railroad Retirement Act of 1937, less the amount of any wife's insurance benefit or husband's insurance benefit to which such spouse is actually entitled (before any deductions on account of work) under the Social Security Act on the basis of such individual's wages and self-employment income: Provided, however, That the amount of such annuity shall be subject to reduction in accordance with the provisions of section 202(k) or 202 (q) of the Social Security Act, other than a reduction on account of age, in the same manner as any wife's insurance benefit or husband's insurance benefit payable under section 202 of the Social Security Act and shall also be subject to reduction in accordance with the provisions of section 4(i)(2) of the Railroad Retirement Act of 1974; (2) that portion of the spouse's annuity as is provided under section 4(b) of the Railroad Retirement Act of 1974 shall be in an amount, if any, equal to 50 per centum of the individual's annuity as computed in accordance with the provisions of para-

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1399

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

graph (2) of section 204(a) of this title: Provided,^ however, That, in case of a spouse who is not entitled to an annuity amount provided under paragraph (3) of this section, if (A) the amounts of the annuity provided a spouse for the month of January 1975 by the provisions of paragraph (1) (before any reduction due to such spouse's entitlement to a wife's or husband's insurance benefit under the Social Security Act) and the preceding provisions of this paragraph exceed (B) the amount of the annuity to which such spouse was entitled (before any reduction on account of age) for the month of December 1974 under section 2(e) or 2(h) of the Railroad Retirement Act of 1937 (deeming, for this purpose, any increase in the amount of such annuity which, had this Act not been enacted, would have become effective January 1, 1975, by reason of an increase in the maximum amount payable as a wife's insurance benefit under the Social Security Act to have been effective for the month of December 1974), or to which such spouse would have been entitled for such month under such section 2(e) or 2(h) except for the provisions of section 2(d) of such Act, the amount of the annuity provided such spouse for the month of January 1975 by the preceding provisions of this paragraph shall be reduced until the total of the amounts described in clause (A) of this proviso equals the amount described in clause (B): Provided further, That, if the amount of the annuity of the spouse provided by paragraph (1) of this section is reduced by reason of the provisions of section 4(i)(2) of the Railroad Retirement Act of 1974, the amount of the annuity provided such spouse by the preceding provisions of this paragraph shall not be less than an amount which would cause the total of the annuity amounts provided such spouse under paragraph (1) (before any reduction pursuant to the provisions of section 202(k) or 202 (q) of the Social Security Act and before any reduction due to such spouse's entitlement to a wife's or husband's insurance benefit under the Social Security Act) and paragraph (2) of this section for the month of January 1975 to equal the amount of the annuity (before any reduction on account of age) which such spouse would have received for such month under section 2(e) or 2(h) of the Railroad Retirement Act of 1937 (without regard to the provisions of section 2(d) of that Act) if this Act had not been enacted; and (3) if the spouse was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act of December 31, 1974, or was fully insured under that Act on that date, or was entitled to a wife's or a husband's insurance benefit under that Act on that date, the annuity amounts provided under paragraphs (1) and (2) of this section shall be increased by an amount determined under the provisions of section 4(e)(1), or, if the spouse was entitled only to a wife's or husband's insurance benefit, 4(e)(3) of the Railroad Retirement Act of 1974: Provided, however, That, if the spouse was entitled to a monthly insurance benefit under the Social Security Act of December 31, 1974, such amount shall not be less nor more than an amount which would cause (A) the total of (i) the annuity amounts provided the spouse by the provisions of this section for the month of January 1975 plus (ii) the monthly insurance benefit to which such spouse is entitled for that month under the Social Security Act (before any reductions on account of age and deductions on account of work) to equal (B) the total of (i) the spouse's annuity under the Railroad Retirement Act of 1937 (prior to any reduction on account of age and without regard to

1355

42 USC 1305.

'•^ use 228b.

^"*^' P- ^^^'

^2 USC 402. ^

'^^ ^^<= '^'^^'^•

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1400

 1356 45 USC 228b.

Survivor's an""is'iTsc 231 note. 45 USC 228e. Ante, p. 1312. Ante. p. 1327. 45 USC 228c.

42 USC 402,

42 USC 1305.

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

section 2(d) of that Act) plus (ii) the monthly insurance benefit under the Social Secuiity Act (before any reduction on account of age and deductions on account of work) which such spouse would have received for such month if this Act had not been enacted. §^0. 207. Evcry survivor who was entitled to an annuity under section 5 of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such an annuity ^^^ such mouth except for the provisions of section 5(i) of such Act, and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under section 2(d) of the Railroad Retirement Act of 1974 beginning January 1, 1975. For purposes of this section— (1) that portion of the survivor's annuity as is provided under section 4(f) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in the amount of such survivor's annuity as computed under the provisions of section 5(q) of the Railroad Retirement Act of 1937: Provided, however, That the amount of such annuity shall be subject to reduction in accordance with the provisions of section 202(k) or 202(q) of the Social Security Act in the same manner as any widow's insurance benefit, mother's insurance bene^t. widower's insurance benefit, parent's insurance benefit, or child's insurance benefit payable under section 202 of the Social Security Act and shall also be subject to reduction in acco'^dance with the provisions of section 4(i)(2) of the Railroad Retirement Act of 1974; (2) that portion of the survivor's annuity as is provided under section 4(g) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to 30 per centum of the amount computed in accordance with the provisions of paragraph (1) of this section prior to any reductions, other than reductions on account of age, in accordance with the provisions of section 202(k) or 202(q) of the Social Security Act and prior to any reductions in accordance with the provisions of section 4(i)(2) of the Railroad Retirement Act of 1974: Provided, however. That, if such survivor is not entitled to an annuity amount provided under paragraph (3) of this section, such amount shall not be less than an amount which would cause (A) the total of the annuity amounts provided the survivor by the provisions of this section for the month of January 1975 to equal (B) the amount of the annuity which the survivor would have received for such month under section 5 of the Railroad Retirement Act of 1937 (without regard to section 5(i) of that Act) if this Act had not been enacted; and (3) if the survivor is a widow or widower who was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act on December 31, 1974, or was fully insured under that Act on that date, the annuity amounts provided under paragraphs (1) and (2) of this section shall be increased by an amount determined under the Drovisions of 4 (h)(1) of the Railroad Retirement Act of 1974: Provided, however. That, if the widow or widower was entitled to a monthly insurance benefit under the Social Security Act on December 31, 1974, such amount shall not be less nor more than an amount which would cause (A) the total of (i) the annuity amounts provided the widow or widower by the provisions of this section for the month of

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1401

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

January 1975 plus (ii) the monthly insurance benefit to which such widow or widower is entitled for that month under the Social Security Act (before any deductions on account of work) to equal (B) the total of (i) the widow's or widower's annuity under the Eailroad Retirement Act of 1937 (without regard to section 6(i) of that Act) plus (ii) the monthly insurance benefit under the Social Security Act (before any deductions on account of work) which such widow or widower would have received for such month if this Act had not been enacted. SEC. 208. For purposes of paragraph (1) of section 204(a), paragraph (1) of section 206, and paragraph (1) of section 207, the fact that the amount of the annuity payable to an individual, spouse, or survivor under the Railroad Retirement Act of 1937 for the month of December 1974 may not (i) in the case of an individual have been computed under the provisions of section 3(a) of such Act or that part of section 3(e) of such Act which precedes the first proviso; (ii) in the case of a spouse, have been computed under the provisions of section 2 of such Act; or (iii) in the case of a survivor, have been computed under the provisions of section 5 of such Act, shall be disregarded, and the amount determined under clause (i) of section 3(a)(6) of such Act with respect to such individual, spouse, or survivor shall, for purposes of such paragraphs, be the amount which would have been determined under such clause (i) if the annuity of such individual had been computed under the provisions of section 3(a), and that part of section 3(e) which preceded the first proviso, of such Act; the annuity of such spouse had been computed under the provisions of section 2 of such Act; or the annuity of such survivor had been computed under the provisions of section 5 of such Act. SEC. 209, (a) Whenever monthly insurance benefits under section 202 of the Social Security Act are increased, the amount of each annuity provided by section 202(a), section 203(a), paragraph (1) of section 204(a), paragraph (1) of section 206, and paragraphs (1) and (2) of section 207 shall be increased in the same manner, and effective the same date as other annuities of the same type payable under section 2 of the Railroad Retirement Act of 1974 are increased. (b) The annuity amounts provided by section 202(b), section 203 (b), paragraph (2) of section 204(a), and paragraph (2) of section 206 shall be increased by the same percentage, or percentages, and effective the same date, or dates, as other annuity amounts of the same type are increased pursuant to the provisions of section 3(g) of the Railroad Retirement Act of 1974. SEC. 210. The election of a joint and survivor annuity made before July 31, 1946, by an individual to whom an annuity accrues under the Railroad Retirement Act of 1937 before January 1, 1975, shall be given effect as though the provisions of law under which the election was made had continued to be operative unless such election had been revoked prior to the time the annuity of such individual began to accrue.

1357

42

use

1305.

45

228a.

45

use use

228e!.

45

use

231

note.

45 USC 228c. '•^ use 228b. 45 USC 228e.

Monthly insurance bene fits. increases.

45 USC

231

42 USC

402.

note.

Annuity i n creases.

^"'e, p. 1319. -^s use 231

TITLE III—AMENDMENTS TO THE SOCIAL SECURITY ACT SEC. 301. Section 202(1) of the Social Security Act is amended— (1) by striking out "section 5 of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 2 of the Railroad Retirement Act of 1974"; and (2) by striking out "subsection (f)(1) of such section" and inserting in lieu thereof "section 6(b) of such Act".

^2 USC 402. Ante, p. 1312. ^"'^' P- 1334.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1402

 1358 42 USC 405.

PUBLIC LAW 93-445-OCT. 16, 1974

[88 STAT.

SEC, 302. (a) Section 205(i) of the Social Security Act is amended by inserting immediately before the colon preceding the proviso therein the following: "(except that in the case of (A) an individual who will have completed ten years of service creditable under the Railroad 45 USC 228a^ Retirement Act of 1937 or the Railroad Retirement Act of 1974, (B) the wife or husband of such an individual, (C) any survivor of such an individual if such survivor is entitled, or could upon application become entitled, to an annuity under section 2 of the Railroad RetireAnte, p. 1312. ment Act of 1974, and (D) any other person entitled to benefits under section 202 of this Act on the basis of the wages and self-employment income of such an individual (except a survivor of such an individual where such individual did not have a current connection with the railroad industry, as defined in the Railroad Retirement Act of 1974, at the time of his death), such certification shall be made to the Railroad Retirement Board which shall provide for such payment or payments to such person on behalf of the Managing Trustee in accordance with the provisions of the Railroad Retirement Act of 1974)". 42^ use 405 (b) Xhe amendment made by this section shall apply only with note. respect to benefits payable to individuals who first become entitled 42 USC 401. i-Q benefits under title II of the Social Security Act after 1974. 42 USC 405. gEc. 303. Section 205(o) of the Social Security Act is amended— (1) by striking out "section 5 of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 2 of the Railroad Ante, p. 1312. Retirement Act of 1974"; (2) by striking out "subsection (f)(1) of such section" and Ante, p. 1334. inserting in lieu thereof "section 6(b) of such Act"; and (3) by striking out "section 4 of such Act" and inserting in lieu Ante, p. 1319. thercof "section 3(1) of such Act". SEC. 304. Sections 216(b), 216(c), 216(f), and 216(g) of the Social 42 USC 416. Security Act are each amended by striking out "section 5 of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 2 of the Railroad Retirement Act of 1974". 42 USC 426. gj,(._ 3Q5_ (a) Section 226(b) of the Social Security Act is amended by striking out "section 22 of the Railroad Retirement Act of 1937" from paragraph (2) and inserting in lieu thereof "section 7(d) of the Ante, p. 1338. Railroad Retirement Act of 1974". (b) Section 226(d) of such Act is amended by striking out "section 21 or section 22 of the Railroad Retirement Act of 1937" each time it appears therein and inserting in lieu thereof "section 7(d) of the Railroad Retirement Act of 1974". (c) Section 226(e) of such Act is amended by striking out "Railroad Retirement Act of 1937" each time it appears therein and inserting in lieu thereof "Railroad Retirement Act of 1974". 42 USC 1395S. gj,^_ 3oe. Section 1840(b) of the Social Security Act is amended by striking out "or pension under the Railroad Retirement Act of 1937" from paragraph (1) and inserting in lieu thereof "under the Railroad Retirement Act of 1974". 42 USC 1395U. SEC. 307. Section 1842(g) of the Social Security Act is amended by striking out "section 21(b) of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 7(d) of the Railroad Retirement Act of 1974". 42 USC 1395V. SEC. 308. Section 1843(b) of the Social Security Act is amended by striking out "or pension under the Railroad Retirement Act of 1937" and inserting in lieu thereof "under the Railroad Retirement Act of 1974". 42 USC i395gg. SEC. 309. Section 1870(b) of the Social Security Act is amended by striking out "Railroad Retirement Act of 1937" each time it appears therein and inserting in lieu thereof "Railroad Retirement Act of 1974".

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1403

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

SEC. 310. Section 1874(a) of the Social Security Act is amended by striking out "Eailroad Ketirement Act of 1937" and inserting in lieu thereof "Railroad Retirement Act of 1974". SEC. 311. Section 210(1) of the Social Security Act is amended— (1) by striking out "section 4 of the Railroad Retirement Act of 1937" from paragraph 4(A) and inserting in lieu thereof "section 3(i) of the Railroad Retirement Act of 1974"; and (2) by striking out ", as provided in section 4(p)(2) of that Act", from paragraph (4)(A) thereof.

1359 ^^ use i395kk. 42 USC 410.

Ante, p. 1319.

TITLE IV — AMENDMENTS TO THE R A I L R O A D UNEMPLOYMENT INSURANCE ACT SEC. 401. (a) Section 2(c) of the Railroad Unemployment Insurance Act is amended by striking out "Railroad Retirement Act of 1937" and inserting in lieu thereof "Railroad Retirement Act of 1974" and by striking out "and section 10 (h')". (b) Section 2(g) of such Act is amended by striking out "section 3(f)(1) of the Railroad Retirement Act of 1937" each time it appears therein and inserting in lieu thereof "section 6(a)(1) of the Railroad Retirement Act of 1974". SEC. 402. Section 4 ( a - l) of the Railroad Unemployment Insurance Act is amended by striking out "or pensions under the Railroad Retirement Act of 1935 or the Railroad Retirement Act of 1937" from paragraph (ii) and inserting in lieu thereof "under the Railroad Retirement Act of 1974". SEC. 403. Section 10 of the Railroad Unemployment Insurance Act is amended by striking out subsection (h) and all that appears therein. SEC. 404. Section 11(c) of the Railroad Unemployment Insurance Act is amended— (a) by striking out "Railroad Retirement Act of 1937 and the Railroad Retirement Act of 1935" and inserting in lieu thereof "Railroad Retirement Act of 1974"; and (b) by striking out "such Acts" and inserting in lieu thereof "such Act". SEC. 405. Section 12(1) of the Railroad Unemployment Insurance Act is amended by striking out "section 10(b)(4) of the Railroad Retirement Act of 1937" and inserting in lieu thereof "subdivisions (5), (6), and (9) of section 7(b) of the Railroad Retirement Act of 1974".

4S use 352. Ante, p. 1305.

Ante, P. 1334. ^s use 354.

^s use 36o. ^s use 361.

45 USC 362.

Ante, p. 1338..

TITLE V—AMENDMENTS TO THE I N T E R N A L R E V E N U E CODE O F 1954 SEC. 501. (a) Section 3221(c) of the Internal Revenue Code of 1954 is amended— (1) by striking out "for appropriation to the Railroad Retirement Supplemental Account provided for in section 15(b) of the Railroad Retirement Act of 1937"; (2) by striking out "under section 3(j) of such Act" and inserting in lieu thereof "at the level provided under section 3(j) of the Railroad Retirement Act of 1937 as in eifect on December 31, 1974"; and (3) by inserting after "section 3(j)(2) of the Railroad Retirement Act of 1937" "or section 2(h)(2) of the Railroad Retirement Act of 1974".

(b) Section 3221(d) of such Code is amended—

26 USC 3221.

45 USC 228c.

Ante. p.

1312.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1404

 PUBLIC LAW 93-445-OCT. 16, 1974

1360

Ante, p. 1312.

26 USC 6413.

26 USC 3231.

[88

STAT.

(1) by striking out "section 3(j) of the Railroad Retirement Act of 1937" and inserting in lieu thereof "section 2(b) of the Railroad Retirement Act of 1974"; and (2) by striking out "section 3(j) of such Act" and inserting in lieu thereof "section 2(b) of such Act". SEC. 502. Section 6413(c) of the Internal Revenue Code of 1954 is amended— (a) by inserting "or section 3201, or by both such sections," after "section 3101" in paragraph (1) thereof; and (b) by adding at the end of paragraph (1) the following new sentence: "The term 'wages' as used in this paragraph shall, for purposes of this paragraph, include 'compensation' as defined in section 3231(e)." TITLE VI—MISCELLANEOUS PROVISIONS AND EFFECTIVE DATES

45 USC 228c.

42 USC 401.

45 USC 231a note.

Ante,

p. 1305.

45 USC 228b.

SEC. 601. Section 3(a)(6) of the Railroad Retirement Act of 1937 is amended by adding at the end thereof the following new sentences: "If the individual entitled to an increase determined under the preceding provisions of this paragraph is also entitled to a benefit for the same month under title II of the Social Security Act, there shall, any provisions to the contrary notwithstanding, be offset against the total of the increase, or increases, of such individual determined under the preceding provisions of this paragraph, any amount by which such individual's social security benefit was increased during the period July 1, 1974, through December 31, 1974. For purposes of approximating any such offsets, the Railroad Retirement Board is authorized to determine the percentage figure which, when applied against current social security benefits, will produce approximately the amount of the increase, or increases, in social security benefits during the period July 1, 1974, through December 31, 1974. The amount produced by applying such percentage figure to the current social security benefit of an individual shall be the amount utilized in making the offset prescribed by the provisions of this paragraph." SEC. 602. (a) The provisions of title I of this Act shall become effective on January 1, 1975, except as otherwise provided herein: Provided, however, That annuities awarded under section 2 of the Railroad Retirement Act of 1974 on the basis of an application therefor filed with the Board on or after such date may, subject to the limitations prescribed in section 5(a) of such Act, begin prior to such date, except that no annuity under paragraph (ii) of section 2(a)(1) of such Act shall begin to accrue to a man prior to July 1, 1974. (b) The provision of section l (o) of the Railroad Retirement Act of 1974 which provides that a "current connection with the railroad industry" will not be broken by "employment with the Department of Transportation, the Interstate Commerce Commission, the National Mediation Board, or the Railroad Retirement Board" shall not be applicable (A) for purposes of paragraph (iv) of section 2(a)(1) of such Act, to an individual who became disabled, as provided for purposes of such paragraph, prior to January 1, 1975, (B) for purposes of section 2(b)(1) of such Act, to an individual whose annuity under section 2(a) of the Railroad Retirement Act of 1937 or section 2(a)(1) of the Railroad Retirement Act of 1974 first began to accrue prior to January 1, 1975, and (C) for purposes of section 2(d)(1) of such Act, to a survivor of a deceased employee if such employee died prior to January 1, 1975.

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148 Frank was quick to discern facts. He knew instinctively that these two men were either hoboes or rogues of some sort. The look on their faces stamped them as belonging to that great class which seems to consider organized society as legitimate prey.

But why should they attempt to interfere with him. It was a puzzle indeed, since he would not be apt to prove a profitable customer, if their motive were robbery.

"Let me up, now! I don't know either of you, and want to go about my own affairs. My father is a business man in Columbia, and if you did anything to injure me it would be the worst day's work you ever knew."

Frank was not boasting, but considered that he ought to let them know he had connection with a family that had more or less influence. He was not surprised, however, to hear the fellow called Joey laugh harshly.

"Ain't you never seen us before? Take another look, and guess again!" and he thrust his leering face close down near Frank's.

Then something seemed to strike the prostrate boy as though he had received a blow. Could it be possible that these two rascally men were the ones who had been in that stolen buggy at the time he and Lanky stopped them on the road to ask for a ride?


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1405

 88 STAT. ]

PUBLIC LAW 93-445-OCT. 16, 1974

1361

(c) The provisions of clause (i)(B) and clause (ii)(B) of section n o45. u s e 23la te 2(c)(1) of the Railroad Retirement Act of 1974 shall not be applicable "Xie, p. u u to the spouse of an individual if (A) such individual will have completed thirty years of service and will have been awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 or section 45 USC 228b, 2 (a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to July 1, 1974, or (B) such individual will have completed less than thirty years of service and will have been awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 of section 2(a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to January 1, 1975. For purposes of the entitlement of the spouse of an individual described in clause (A) or (B) of the preceding sentence to an annuity under such section 2(c)(1), the provisions of clause (i)(B) of such section 2(c)(1) shall be deemed to read: " (B) has attained the age of 65". (d) The provisions of section 2(b)(1) of the Railroad Retirement Act of 1974 which permit an individual to become entitled to a supplemental annuity thereunder if he "has attained age 60 and completed thirty years of service" shall not be applicable to an individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 or section 2(a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to July 1, 1974. (e) The provisions of section 7(e) of the Railroad Retirement Act "^"'n's^ 2Mf^ of 1974 shall be effective on the enactment date of this Act and shall note. apply with respect to all gifts and bequests covered thereunder, regardless of the date on which such gifts or bequests were made. SEC. 603. The provisions of title II of this Act and the amendments ^^^^ use 402 made by title III and title IV of this Act shall become effective on note. January 1, 1975. 26 SEC. 604. The amendments made by the provisions of title V of this note.u s e 3221 Act shall become efective on January 1, 1975, and shall apply only with respect to compensation paid for services rendered on or after that date. SEC. 605. The amendment made by section 601 of this Act shall be Jf^"^"^ ^^^^ effective on the enactment date of this Act and shall apply with respect to any increase in annuities under the Railroad Retirement Act of 1937 ^s use 228a which becomes effective after June 30, 1974. CARL ALBERT

Speaker of the House of

Representatives.

JAMES 0. E A S T L A N D

President

of the Senate pro Tempore.

IN THE HOUSE OF REPRESENTATIVES, U.S., October 15, 1974. The House of Representatives having proceeded to reconsider the bill (H.R. 15301) entitled "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", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1406

 1362

[88

PUBLIC LAW 93-446-OCT. 17, 1974

STAT.

Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. P A T

JENNINGS

Clerk. I certify that this Act originated in the House of Representatives. W. P A T

JENNINGS

Clerk.

IN THE SENATE OF THE UNITED STATES, October 16, 1974. The Senate having proceeded to reconsider the bill (H.R. 15301) entitled "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", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: F R A N C I S R. V A L E O

Secretary. Public Law 93-446 October 17, 1974 [S. J. R e s. 123]

Former Chief Justice Earl Warren. Oil portrait and marble bust, procurement.

Appropriation.

JOINT RESOLUTION Authorizing the procurement of an oil portrait and marble bust of former Chief Justice Earl Warren.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Marshal of the Supreme Court of the United States, subject to the direction and approval of Chief Justice of the United States, is authorized and directed to procure an oil portrait and a marble bust, including pedestal, of the former Chief Justice E a r l Warren and to cause them to be placed in the United States Supreme Court Building. (b) There is authorized to be appropriated $25,000 to carry out the purposes of this joint resolution. Approved October 17, 1974.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1407

 SUBJECT INDEX Page Page Aeronautics and Space Administration Authorization Act, 1975, National 240 Absentee Shawnee Tribe, Okla., lands Appropriation for effecting provisions._ 1100, held in t r u s t for 1922 1101 Accounts, Bureau of, appropriation for 210, Aeronautics Board, Civil: 212, 225, 614 Appropriation for 212, 227, 778 ACTION: High-speed ground transportation beAppropriation for 227, 1649 tween major west coast cities, feasiIndian Financing Act of 1974, managebility study, consultation 1532 m e n t and technical assistance, coInternational air transportation, disoperation I 83 criminatory and unfair practices, Peace Corps, readjustment allowance, review 2102 waiver of claims 191 Property restricted from aircraft cabins, Retired Senior Volunteer Program, liability, regulations 418 local contributions, restrictions 358 Africa: Actuaries, Joint Board for the Enrollment Angola, Mozambique, and Guineaof, establishment 1002 Bissau, independence of, U.S. policy Adjustment Assistance Coordinating Comon 1816 mittee, establishment 2040 Disaster relief to drought stricken Administrative Conference of the United nations of 290 States: Economic assistance to, policy 1816 Appropriation for 619 Portugal and Portuguese colonies gainCommerce, unfair or deceptive practices ing independence, assistance 1818 in or affecting, rulemaking proAge Discrimination in Employment Act of cedures, s t u d y 2198 1967, Amendment, federal governOil spills, uniform law for liability, m e n t employment 74 study 2145 Aged. See Elderly Persons. Adult Education, National Advisory CounAging, Administration on, commissioner, cil for, reports to by State advisory delegation of functions, modification. 357 councils, recommendations 578 Aging, National Advisory Council on, Adult Education Act: establishment 185 Amendments— Aging, National Institute on, establishAdvisory councils, extension 612 ment 185 Programs, extension and revision. _ 576-579 Aging Act of 1974, Research on 184 P u e r to Rico, t r e a t m e n t as a State 611 Agricultural Act of 1954, appropriation for Appropriation for effecting provisions-- 1775 effecting provisions 1828 Adult Education Clearinghouse, estabAgricultural Act of 1956, appropriation for lishment 577 effecting provisions 817 Advisory Board on Child Abuse and Neglect, establishment 7 Agricultural Act of 1961, appropriation for effecting provisions 1827 Advisory Commission on IntergovernAgricultural Act of 1970, appropriation for mental Relations: effecting provisions 1838, 1839 Appropriation for 228, 620, 1781 Agricultural Adjustment Act, modification Deposit insurance coverage for public of duties on certain commodities, profund accounts, impact s t u d y 1502 clamations 2437, 2441, 2457, 2487 Advisory Committee for Trade Negotiations, establishment 1996 Agricultural Adjustment Act of 1938: Advisory Committee on Federal Pay, apAmendments— propriation for 620 Tobacco acreage allotments or quotas, Advisory Committee to the Administrator N. C., emergency lease or t r a n s on Standards for the Administration fer 1416 of Juvenile Justice, establishment 1118 Tobacco marketing quotas 1089 Advisory Council on Education Statistics, Appropriation for effecting provisions-- 1829 establishment 556 Agricultural Commodities. See also indiAdvisory Council on Employee Welfare vidual commodities. and Pension Benefit Plans, establishEmergency mass feedings or distribument 895 tion, purchase of 157 Aeronautics and Space Act of 1958, NaPurchase for domestic food assistance tional, Amendments: programs, extension 340 E x p e r t s and consultants, p a y 243 Shortages and increased prices, impact Solar heating and cooling, activities 1070 analysis 1552 Aeronautics and Space Administration, Tariff schedules, proclamations 2437, National. See National Aeronautics 2440, 2457, 2487 and Space Administration A

NOTE: Part 1 contains pages 1-1362; Part 2 contains p^es 1363-2545. 01

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Page:Aesthetic Papers.djvu/211

Rh rich man—not to make any invidious comparison—is always sold to the institution which makes him rich. Absolutely speaking, the more money, the less virtue; for money comes between a man and his objects, and obtains them for him; and it was certainly no great virtue to obtain it. It puts to rest many questions which he would otherwise be taxed to answer; while the only new question which it puts is the hard but superfluous one, how to spend it. Thus his moral ground is taken from under his feet. The opportunities of living are diminished in proportion as what are called the "means" are increased. The best thing a man can do for his culture when he is rich is to endeavour to carry out those schemes which he entertained when he was poor. Christ answered the Herodians according to their condition. "Show me the tribute-money," said he;—and one took a penny out of his pocket;—If you use money which has the image of Cæsar on it, and which he has made current and valuable, that is, if you are men of the State, and gladly enjoy the advantages of Cæsar's government, then pay him back some of his own when he demands it; "Render therefore to Cæsar that which is Caesar's, and to God those things which are God's,"—leaving them no wiser than before as to which was which; for they did not wish to know.

When I converse with the freest of my neighbors, I perceive that, whatever they may say about the magnitude and seriousness of the question, and their regard for the public tranquillity, the long and the short of the matter is, that they cannot spare the protection of the existing government, and they dread the consequences of disobedience to it to their property and families. For my own part, I should not like to think that I ever rely on the protection of the State. But, if I deny the authority of the State when it presents its tax-bill, it will soon take and waste all my property, and so harass me and my children without end. This is hard. This makes it impossible for a man to live honestly and at the same time comfortably in outward respects. It will not be worth the while to accumulate property; that would be sure to go again. You must hire or squat somewhere, and raise but a small crop, and eat that soon. You must live within yourself, 26

title: Page:Aesthetic Papers.djvu/211


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1408

 C2

SUBJECT INDEX

Agricultural Commodities Act, 1930, Per- Page ishable. Amendment, marketing practices, violation, m o n e t a r y penalty 423 Agricultural Credit, foreign assistance programs relating to 1796 Agricultural Library, National, appropriation for 1826 Agricultural Marketing Act of 1946, appropriation for effecting provisions. _ 18251828 Agricultural Marketing Agreement Act of 1937, appropriation for effecting provisions 1827 Agricultural Marketing Service, appropriation for 217, 1827 Agricultural Research Service, appropriation for 217, 1823 Agricultural Stabilization and Conservation Service, appropriation for.. 1828, 1838 Agricultural Trade Development and Assistance Act of 1954, appropriation for effecting provisions 440, 627, 1188, 1823, 1828 Agriculture, Department of: Agricultural Act of 1954, appropriation for effecting provisions 1828 Agricultural Act of 1956, appropriation for effecting provisions 817 Agricultural Act of 1961, appropriation for effecting provisions 1827 Agricultural Act of 1970, appropriation for effecting provisions 1838, 1839 Agricultural Adjustment Act, modification of duties on certain commodities, proclamations 2437, 2441, 2457, 2487 Agricultural Adjustment Act of 1938— Amendments— Tobacco acreage allotments or quotas, N. C., emergency lease or transfer 1416 Tobacco m a r k e t i n g quota s 1089 Appropriation for effecting provisions 1829 Agricultural M a r k e t i n g Act of 1946, appropriation for effecting provisions 1825-1828 Agricultural M a r k e t i n g Agreement Act of 1937, appropriation for effecting provisions 1827 Agricultural M a r k e t i n g Service, appropriation for 217, 1827 Agricultural Research Service, appropriation for 217, 1823 Agricultural Stabilization and Conservation Service, appropriation for. 1828, 1838 Agricultural Trade Development and Assistance Act of 1954, appropriation for effecting provisions 440, 627, 1188, 1823, 1828 Animal and P l a n t Health Inspection Service, appropriation for.. 195, 217, 1824 Appropriation Act, 1975 1822 Appropriation for 195, 201, 217, 815, 1822, 1836, 1841 Bankhead-Jones F a r m T e n a n t Act, appropriation for effecting provisions 1831 Beekeepers, indemnity payments to, appropriation for 1829 Cascade H e a d Scenic-Research Area, Oreg., administration 1732

Cherry Creek exclusion, Calif., review Pase of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155 Child Nutrition Act of 1966— Amendments— Nonfood assistance program, additional funds authorized 287 Special milk program, reimbursement, minimum r a t e 341 Special supplemental food program, additional funds authorized 287 Appropriation for effecting provisions 195, 1827, 1841 Colorado River Basin salinity control programs, cooperation 270, 271 Commodities, shortages and increased prices, impact analysis 1552 Commodity Exchange Authority — Appropriation for 217, 1828, 2108 Transfer of personnel, property, etc. to Commodity F u t u r e s Trading Commission 1392 Commodity F u t u r e s Trading Commission, liaison w i t h; m a r k e t investigations, cooperation 1390, 1414 Community development corporations, assistance to 2322 Conservation and rehabilitation on public land, cooperative FederalState programs 1369 Cooperative State Research Service, appropriation for 217, 1825 Dairy farmers and manufacturers, indemnity payments to, appropriation for 1829 Disaster areas— Food commodities, coupons, and distribution 157 Timber sale contracts 158 Economic Research Service, appropriation for 217, 1826 Egg Research and Consumer Information Act 1171 Emergency Livestock Credit Act of 1974 391 Emergency mass feeding or distribution, purchase of commodities for 157 Extension Service, appropriation for — 1825 F a r m Credit Administration, appropriation for 227, 1834 F a r m e r Cooperative Service, appropriation for 217, 1828 F a r m e r s H o m e Administration— Appropriation for 217, 1832 Community development corporations, assistance to 2322 R u r a l Development Loan F u n d, administration of, utilization of services 2320 Federal Crop Insurance Corporation, appropriation for 217 Federal Noxious Weed Act of 1974 2148 Fire control, watershed protection, and reforestation, assistance to G u a m. _ 1154 Food and Agriculture Act of 1965, appropriation for effecting provisions 1829 Food and N u t r i t i o n Service, appropriation for 195, 1840

NOTE: Part 1 coatalas pages 1-1362; Part 2 coatains pages 1363-2545.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1409

 SUBJECT Food S t a m p Act of 1964— Page Amendments— Federal payments to States 341 Supplemental security income recipients, eligibility extension __ 291 Appropriation for effecting provisions 1841 Foreign Agricultural Service, appropriation for . 217, 1828 Forest Service— Appropriation for 201, 218, 805, 815 Budget authority, rescission of certain. 1711 Pueblo of Acoma Tribe, N. Mex., land exchange 1738 Tree planting, assistance to States, appropriation for 817 Forestry incentives program, appropriation for 1839 General Counsel, Office of the, appropriation for 217, 1823 General provisions. Appropriations Act 1842 Grapes and plums, export grade standards 1966 H a t c h Act (experiment stations), appropriation for effecting provisions 1825 Inspector General, Office of the, appropriation for 217, 1822 Interior, Department of the, transfer of certain funds from 268 L and conveyances— Board of Education, Lee County, S.C- 1383 Jasper C o u n t y Board of Education, Ga 2361 L and s in Allegany County, N. Y., release of conditions for conveyance to NewYork State 1382 Milk program, special— Appropriation for 1841 Reimbursement, minimum r a t e 341 National Agricultural Library, appropriation for 217, 1826 National Forests. See separate title. National School Lunch Act. See separate title. National School Lunch and Child N u trition Act Amendments of 1974__ 286 N u t r i t i o n program for the elderly, level of assistance; food stamps, regulation of use 358 Organic Act of 1944, appropriation for effecting provisions 817, 1822-1829, 1831, 1832, 1834, 1837, 1841, 1842 Packers and Stockyards Administration, appropriation for 217, 1828 P r o d u c t sectors of manufacturing, establishment 1984 Recreation areas, use fees 192 Renewable Resource Assessment, preparation 476 Renewable Resource Program, preparation and report 477 R u r a l Development Act of 1972, appropriation for effecting provisions.. 1825, 1826 R u r a l Development Service, appropriation for 217, 1831 R u r a l Electrification Act of 1936, appropriation for effecting provisions 1831, 1832 R u r a l Electrification Administration, appropriation for 217, 1831 R u r a l housing 692

INDEX

C3

Secretary, Office of the, appropriation P*ge for 217, 1822 Smith-Lever Act, appropriation for effecting provisions 1825, 1826 " S m o k e y Bear", n a m e and character, use and reproduction 244 Soil B a n k Act, appropriation for effecting provisions 1829 Soil Conservation and Domestic Allotment Act, appropriation for effecting provisions 1829, 1838 Soil Conservation Service, appropriation for 195, 217, 1836 Statistical Reporting Service, appropriation for 217, 1826 Trade agreements, assistance 1995, 1998 W a t e r Bank Act, appropriation for effecting provisions 1829, 1839 Wilderness areas. See separate title. "Woodsy Owl", use and reproduction of name, character, or slogan, royalties and restrictions 244 Y o u t h Conservation Corps— Appropriation for 816 Expansion 1066 State projects, grant program 1067 Agriculture and Consumer Protection Act of 1973: Amendment, domestic food assistance programs, purchase of agricultural comm odities for, extension 340 Appropriation for effecting provisions._ 1829 Agriculture-Environmental and Consumer Protection Appropriation Act, 1975 1822 Air and Space Museum, National, appropriation for 820 Air Force, Department of the. See also Armed Forces; Defense, Department of. Active d u t y personnel s t r e n g t h 401 Aircraft, missiles, e t c. — Appropriation for procurement 198, 1221 Research and development, appropriation authorization 233, 400, 401 Appropriation for 196, 219, 1213 Band, sale of recordings for American Revolution Bicentennial 1868 Civilian personnel s t r e n g t h 403 Commissioned officer s t r e n g t h 795 F a m i l y housing, appropriation for 2181 Flying units, command 1695 Medical officers in initial residency, continuation p a y 792 Military Construction Appropriation Act, 1975 2179 Military Construction Authorization Act, 1975 1752 Military training, s t u d e n t load 404 National Guard. See Air under National Guard. Operation and maintenance, appropriation for 196, 1215 Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124 Physicians, dentists, and medical officers, revised pay s t r u c t u r e 94, 95 Procurement, appropriation for 198, 1221, 1222 Reporting requirements, elimination of certain 1968 Research, development, etc., appropriation for 198, 1223 NOTE: Part 1 contains pages 1-1362; Part 2 contains pages 1363-2545.

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