Page:United States Statutes at Large Volume 87.djvu/196

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[87 STAT. 164]
[87 STAT. 164]
PUBLIC LAW 93-000—MMMM. DD, 1973

164

42 USC 401. 45 USC 228b.

Spouse's annuity. 86 Stat. 765. 45 USC 228b.

Ante, p. 163.

45 USC 228b.

Survivor's an nuities. 86 Stat. 766. 45 USC 228e.

82 Stat. 1 9. 45 USC 2 2 8 c. Benefit i n creases.

PUBLIC LAW 93-69-JULY 10, 1973

[87

STAT.

amount payable for such part of a month under this section shall be one-thiitieth of the added amount payable under this section for an entire month, multiplied by the number of days in such part of a month. If wages or compensation prior to 1951 are used in making any computation required bjA this paragraph, the Railroad Retirement Board shall have the authority to approximate the primary insurance amount to be utilized in making such computation. I n making any computation required by this paragraph, any benefit to which an individual may be entitled under title II of the Social Security Act shall be disregarded. For purposes of this paragraph, individuals entitled to an annuity under section 2(a)(2) of this Act shall be deemed to be age 65, and individuals entitled to an annuity under section 2(a) (8) of this Act who have not attained age 62 shall be deemed to he age 62. Indi^dduals entitled to annuities under section 2(a)(4) or 2(a)(5) of this Act for whom no disability freeze has been granted shall be treated in the same manner for purposes of this paragraph as individuals entitled to annunities under section 2(a)(4) o r 2 (a)(5) for whom a disability freeze has been granted. I n the case of an individual who is entitled to an annuity under this Act but whose annuity is based on insuificient quarters of coverage to have a benefit computed, either actually or potentially, under the first proviso of section 8(e) of this Act, the average monthly wage to be used in determining the amount to be added to the annuity of such individual shall be equal to the average monthly compensation or the average monthly earnings, whichever is applicable, used to enter the table in section 8(a)(2) of such Act for purposes of computing other portions of such individual's annuity." (b) Section 2(e) of the Railroad Retirement Act of 1987 is amended— (1) by striking out "section 8(a), (8), (4), or (5) of this Act" and inserting in lieu thereof "section 3(a), (8), (4), (5), or (6) of this Act"; (2) by striking out the second sentence of the last paragraph; and (8) by adding at the end thereof the following new paragraph: "The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased in an amount determined by the method of computing increases set forth in subsection (a)(6) of section 8. The preceding sentence and the other provisions of this subsection shall not operate to increase the annuity of a spouse (before any reduction on account of age) to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection. This paragraph shall be disregarded in the application of the preceding three paragraphs." (c) Section 2(i) of the Railroad Retirement Act of 1987 is amended by striking out "the last paragraph plus the two preceding paragraphs" and inserting in lieu thereof "the last paragraph plus the three preceding paragraphs". (d) Section 5 of the Railroad Retirement Act of 1987 is amended by inserting at the end thereof the following new subsection: " (q) A survivor's annuity computed under the preceding provisions of this section shall be increased in an amount determined by the method of computing increases set forth in subsection (a)(6) of section 8: Provided, however, That in computing such an amount for a,n individual entitled to an annuity under subsection 5(a)(2), the 90.75 per centum figure appearing in the third paragraph of section 3(e) of this Act shall be deemed to be 82.5 per centum." SEC. 105. If title II of the Social Security Act is amended to provide an increase in benefits payable thereunder at any time during the period July 1, 1973, through December 31, 1974, the pension of each