Page:United States Statutes at Large Volume 84 Part 1.djvu/850

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[84 STAT. 792]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 792]

792

PUBLIC LAW 91-377-AUG. 12, 1970

50 Stat. 45 USC 49 Stat. 45 USC notes.

312. 228f. 967. 215-228

60 Stat. 729; 82 Stat. 19; 80 Stat. 1082. 45 USC 228e.

49 Stat. 622. 42 USC 401-429.

83 Stat. 737. 42 USC 401 note.

Ante,

p. 791.

81 Stat. 8 2 1. 42 USC 302 note.

77 Stat. 220; 80 Stat. 1074. 45 USC 228o. Annuity inc r e a s e, termination date.

e o m m i s s i o n on Railroad Retirement.

50 Stat. 314; 82 Stat. 2 1. 45 USC 228j.

[84 STAT.

(ii) the increases, offsets and reductions provided for herein, shall apply before any reduction in an annuity on account of age. (b)(1) All pensions under section 6 of the Railroad Retirement Act of 1937, and all annuities under the Railroad Retirement Act of 1935 shall be increased by 15 per centum; all survivor annuities deriving from joint and survivor annuities under the Railroad Retirement Act of 1987 and all widows' and widowers' insurance annuities which, in accordance with the proviso in section 5(a) or section 5(b) of the Railroad Retirement Act of 1987 are payable in the amount of the spouse's annuity to which the widow or widower was entitled shall, in cases where the employee died in or before the month in which the increases in ammities provided in section 1 are effective, be increased by 15 per centum: Provided, however. That in cases where the individual entitled to such a pension or annuity is entitled also to a benefit under title II of the Social Security Act, the additional amount payable by reason of this subsection shall be reduced by the difference between the amount the individual is entitled to in such a benefit and the amount to which such individual would have been entitled had the Social Security Amendments of 1969 not been enacted: And provided further. That (i) the offset required by this subsection shall not operate to reduce the increase herein provided in an annuity under the Railroad Retirement Act of 1985 or a pension to an amount less than $10, and (ii) the offset required by this section shall not operate to reduce the increase herein provided in such a survivor annuity derived from a joint and survivor annuity and such a widow's or widower's annuity in an amount formerly received as a spouse's annuity to an amount less than $5. Joint and survivor annuities shall be computed under section 8(a) of the Railroad Retirement Act and reduced by the percentage determined in accordance with the election of such annuity, (2) All recertifications required by reason of the amendments made by this title shall be made by the Railroad Retirement Board without application therefor. (c) For the purposes of this Act, the amount of a social security benefit computed under the Social Security Amendments of 1967 shall be deemed to be an amount equal to 87 per centum of such benefit computed under the Social Security Amendments of 1969, and the amount by which an individual's social security benefit was increased by reason of the Social Security Amendments of 1969 shall be deemed to be 18 per centum of such individual's social security benefit as computed under the Social Security Amendments of 1969. SEC. 5. The fifth sentence of section 15(c) of the Railroad Retirement Act of 1987 is amended by striking out "obligations" the second place it appears and inserting in lieu thereof "notes"'. SEC. 6. The first four sections of this Act, and the amendments made by such sections, shall cease to apply as of the close of June 80, 1972. Annuities accruing for months after June 80, 1972, and pensions due in calendar months after June 80, 1972, shall be comjnited as if the first four sections of this Act, and the amendment made thereby, had not been enacted. SEC. 7. (a)(1) There is hereby established a Commission on Railroad Retirement (hereinafter in this section referred to as the "Commission) which shall be composed as follows: (A) Three members shall be appointed by the President in the same manner as provided by section 10(a) of the Railroad Retirement Act of 1987 for the appointment of members of the Railroad Retirement Board: Provided, however. That such appointments to the Commission shall not be by and with the advice and consent of the Senate;