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(1) by striking out "section 3 (a) (3) or (4) of this Act" and inserting in lieu thereof "section 3 (a)

(3), (4), or (5) of this Act";

(2) by striking out the second sentence of the last

paragraph; and

(3) by adding at the end thereof the following new paragraph:

"The spouse's annuity computed under the other pro9 visions of this section shall (before any reduction on account. 10 of age) be increased by 20 per centum. The preceding sen11 tence and the other provisions of this subsection shall not

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operate to increase the spouse's annuity (before any reduc

tion on account of age) to an amount in excess of the max14 imum amount of a spouse's annuity as provided in the first 15 sentence of this subsection. This paragraph shall be dis16 regarded in the application of the preceding two para17 graphs."

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(c) Section 2 (i) of such Act is amended by striking 19 out "the last two paragraphs" and inserting in lieu thereof

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"the last paragraph plus the two preceding paragraphs".

(d) Section 5 of such Act is amended by inserting at the 22 end thereof the following new subsection:

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"(p) A survivor's annuity computed under the preceding provisions of this section (except an annuity in the amount determined under the proviso in subsection

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(a) or (b) shall (before any reduction on account of

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age) be increased by 20 per centum."

SEC. 2. All pensions under section 6 of the Railroad

4 Retirement Act of 1937, all annuities under the Railroad 5 Retirement Act of 1935, and all survivor annuities deriving 6 from joint and survivor annuities under the Railroad Retire7 ment Act of 1937 shall be increased by 20 per centum.

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All widows' and widowers' insurance annuities which are 9 payable in the amount of the spouse's annuity to which the 10 widow or widower was entitled, shall, in cases where the 11 employee died prior to October 1, 1972, be increased by 20 12 per centum.

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Joint and survivor annuities shall be computed under 14 section 3 (a) of the Railroad Retirement Act of 1937 and 15 shall be reduced by the percentage determined in accordance with the election of such annuity.

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SEC. 3. All recertifications required by reason of the 18 amendments made by this Act shall be made by the Rail19 road Retirement Board without application therefor.

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SEC. 4. For the purposes of approximating the offsets 21 in railroad retirement benefits for increases in social security

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benefits by reason of amendments prior to the Social Security Amendments of 1971, the Railroad Retirement Board is

24 authorized to prescribe adjustments in the percentages in the Railroad Retirement Act of 1937 and laws pertaining

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1 thereto in order that these percentages, when applied against 2 current social security benefits not in excess of the primary 3 insurance amount applicable for an average monthly wage 4 of $650, will produce approximately the same amounts as 5 those computed under the law in effect, except for changes in the wage base, before the Social Security Amendments of 1971 were enacted.

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8 SEC. 5. (a) The amendments made by this Act shall be 9 effective with respect to annuities accruing for months after 10 August 1972 and with respect to pensions due in calendar 11 months after September 1972.

12 (b) The first three sections of this Act, and the amend13 ments made by such sections, shall cease to apply as of the 14 close of June 30, 1973. Annuities accruing for months after 15 June 30, 1973, and pensions due in calendar months after 16 June 30, 1973, shall be computed as if the first three sec17 tions of this Act, and the amendments made by such sections, 18 had not been enacted.

Passed the House of Representatives August 9, 1972.

Attest:

W. PAT JENNINGS,

Clerk.

92D CONGRESS 2D SESSION

H. R. 15922

IN THE SENATE OF THE UNITED STATES

AUGUST 15, 1972

Read twice and referred to the Committee on Labor and Public Welfare

AN ACT

To amend the Railroad Retirement Act of 1937 to simplify administration of the Act.

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Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, SECTION 1. (a) Section 3 (e) of the Railroad Retire

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4 ment Act of 1937 is amended by striking out the word 5 "and" after clause (iv) in the second paragraph thereof 6 and inserting after the semicolon in clause (v) in such second 7 paragraph the following new clauses:

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"(vi) individuals not entitled to an annuity under section 2 or 5 of this Act shall not be included in the computation under such first proviso except a spouse who

could quality for an annuity under section 2 (e) or (h)

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of this Act if the employee from whom the spouse's annuity under this Act would derive had attained age

65, and such employee's children who meet the definition as such contained in section 216 (e) of the Social Se

curity Act; (vii) after an annuity has been certified for

payment and such first proviso was inapplicable after allowing for any waiting period under section 223 (c) (2) of the Social Security Act, and after having considered the inclusion of all persons who were then

eligible for inclusion in the computation under such first

proviso, or was then applicable but later became inappli

cable, any recertification in such annuity under such first proviso shall not take into account individuals not

entitled to an annuity under section 2 or 5 of this Act

except a spouse who could qualify for an annuity under section 2 (h) of this Act when she attains age 62 if the employee from whom the spouse's annuity would derive had attained age 65, and who was married to such employee at the time he applied for the employee an

nuity; (viii) in computing the amount to be paid under such first proviso, the only benefits under title II of the Social Security Act which shall be considered shall be those to which the individuals included in the computa

tion are entitled; (ix) the average monthly wage for

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