§ 204.
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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 [section 228b(a)1, 228b(a)2, 228b(a)3, 228b(a)4, or 228b(a)5 of this title] 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 [ section 228b(d) of this title ], and who would have been entitled to such an annuity for the month of January 1975, if this Act [enacting this subchapter] 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 [ section 231a(a)(1) of this title ], 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 [probably should read “Railroad Retirement Act of 1937” classified to section 228b(a)4 or 228b(a)5, of this title] 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 [ section 231a(a)(1) of this title ]. For purposes of this subsection— that portion of the individual’s annuity as is provided under section 3(a) of the Railroad Retirement Act of 1974 [ section 231b(a) of this title ] shall initially be in an amount equal to
(A)the amount determined under clause
(i)of section 3(a)(6) of the Railroad Retirement Act of 1937 [ section 228c(a)(6) of this title ] for the purpose of computing the last increase in the amount of such individual’s annuity as computed under the provisions of section 3(a) [ section 228c(a) of this title ], and that part of section 3(e) which preceded the first proviso, of the Railroad Retirement Act of 1937 [ section 228c(e) of this title ] or (B), if less in a case where such individual is not entitled to an annuity amount provided under paragraph
(3)of this subsection, the amount of the annuity under section 2(a) of the Railroad Retirement Act of 1937 [ section 228b(a) of this title ] (before any reduction on account of age and without regard to section 2(d) of such Act [ section 228b(d) of this title ]) which such individual would have received for the month of January 1975 if this Act [see Effective Date of 1976 Amendment set out hereunder] had not been enacted: Provided, however , That such annuity amount shall be subject to reduction in accordance with the provisions of section 3(m) of the Railroad Retirement Act of 1974 [ section 231b(m) of this title ] in the same manner as other annuity amounts provided under section 3(a) of the Railroad Retirement Act of 1974; that portion of the individual’s annuity as is provided under section 3(b)(1) of the Railroad Retirement Act of 1974 [ section 231b(b)(1) of this title ] 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 [ section 228b(a) of this title ] for the month of December 1974 (before any reduction on account of age and without regard to section 2(d) of such Act [ section 228b(d) of this title ]) 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 [section 301 et seq. of Title 42]) 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 [this subchapter] after December 31, 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 [subchapter III of this chapter] for the month of December 1974 was computed under the first proviso of section 3(e) of such Act [ section 228c(e) of this title ], the annuity of such individual for purposes of clause
(A)of this paragraph shall be no greater than the annuity which such individual would have received under such Act [subchapter III of this chapter] for the month of December 1974, if no other person had been included in the computation of the annuity of such individual; and if the individual was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act [section 301 et seq. of Title 42] 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 [ section 231b(h)(1) of this title ]: 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 [subchapter III of this chapter] (prior to any reduction on account of age and without regard to section 2(d) of that Act [ section 228b(d) of this title ]) plus the old-age or disability insurance benefit under the Social Security Act (before any reduction on account of age and deductions on account of work) which such individual would have received for such month if this Act [enacting this subchapter] had not been enacted. if the individual was entitled to a wife’s, husband’s, widow’s, or widower’s insurance benefit under the Social Security Act [section 301 et seq. of Title 42] on December 31, 1974 , or is the wife, husband, widow, or widower of a person who 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)(3) of the Railroad Retirement Act of 1974 [ section 231b(h)(3) of this title ]. An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 [ section 228b(a) of this title ], 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 [ section 231a(a)(1) of this title ]. An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 [ section 228b(a) of this title ] shall not be entitled to an annuity amount computed under the provisions of section 3(c) of the Railroad Retirement Act of 1974 [ section 231b(c) of this title ]: Provided, however , That the provisions of this subsection shall not be applicable
(i)to an individual who will have rendered at least twelve months of service as an employee to an employer (as defined in the Railroad Retirement Act of 1974 [this section] after December 31, 1974 , or
(ii)to an individual who was awarded an annuity under section 2(a)4 or 2(a)5 of the Railroad Retirement Act of 1937 [section 228b(a)4 or 228b(a)5 of this title] and who recovered from disability and returned to the service of an employer (as defined in the Railroad Retirement Act of 1974) [this section] after December 31, 1974 . [ Pub. L. 94–92, title II, § 202(b) , Aug. 9, 1975 , 89 Stat. 465 , provided that: “The amendment made by this section [enacting section 204(c) of Pub. L. 93–445 ] shall be effective January 1, 1975 .”] The annuity amount provided an individual by paragraph
(1)of this subsection as increased from time to time shall be deemed to be the primary insurance amount of such individual for purposes of computing the annuity of the spouse of such individual under section 4(a) of the Railroad Retirement Act of 1974. [ section 231c(a) of this title ].”
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- Pub. L. 94-92
- 89 Stat. 465
- Pub. L. 93-445
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§ 204
U.S.C.×1
Pub. L.Pub. L. 94-92
Stat.89 Stat. 465
Pub. L.Pub. L. 93-445
Cites 3Cited by 1 across 1 source