Page:United States Statutes at Large Volume 95.djvu/658

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 632

PUBLIC LAW 97-35—AUG. 13, 1981

"(6) No amount shall be payable to an individual under subdivision (3) or (4) of this subsection unless the entitlement of such individual to such amount had been determined prior to the date of the enactment of this subdivision.". 45 USC 231b. (f) Subsection (j) of section 3 of the Railroad Retirement Act of 1974 is amended— (1) by striking out "the average compensation paid to an employee with respect to calendar months included in his 'years of service* " the first place it appears in the first sentence thereof and inserting in lieu thereof the following: "computed in the manner specified in section 3(b) of this Act"; and (2) by striking out "If the 'average monthly compensation' computed under this subsection is not a multiple of $1, it shall be rounded to the next lower multiple $1.". (g) Subsection (1) of section 3 of the Railroad Retirement Act of 1974 is amended to read as follows: "(1)(1) Except as provided in subdivision (2) of this subsection, if an annunity awarded under section 2(a)(l)(iii) or under section 2(c)(2) of 45 USC 231a. this Act is increased or decreased either by a change in the law or by a recomputation, the reduction on account of age in the amount of such increase or decrease shall be computed as though such increased or decreased annunity amount had been in effect for and after the month in which the annuitant first became entitled to such annunity under section 2(a)(l)(iii) or section 2(c)(2). "(2) The reduction required under section 2(a)(l)(iii) or section 2(c)(2) may be applied separately to each of the annuity amounts computed under subsections (a), (b), and (h) of this section and subsections (a), (b), and (e) of section 4. For this purpose, in any case in which an annuity amount was computed for an individual under the 45 USC 231 et provisions of this Act or of Public Law 93-445 prior to October 1, 1981,

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an annunity amount computed under subsections (a), (b), (c), (d) and 45 USC 231c. (h) of this section, subsection (a), (b), or (e) of section 4, and section 204 45 USC 231 note. QJ. section 206 of Public Law 93-445 shall be reduced by its proportionate share of the reduction on account of age. For purposes of the preceding sentence, annuity amounts computed for an individual under subsections (b), (c), and (d) of section 3 prior to October 1981 shall be considered as one annuity amount.". 45 USC 231b. (h)(1) Section 3(m) of the Railroad Retirement Act of 1974 is amended by inserting ", after any reduction pursuant to paragraph (iii) of section 2(a)(l)," after "shalr'. (2) Section 3(m) of such Act is amended by inserting "(before any deductions on account of work)" after "monthly benefit', 45 USC 231c. SEC. 1119. (a) Section 4(a)(1) of the Railroad Retirement Act of 1974 is amended by striking out "spouse" each place it appears and inserting in lieu thereof "spouse or divorced wife". (b) Section 4(b) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "subsections (b), (c) and (d)" and inserting in lieu thereof "subsection (b)"; (2) by striking out "50" and inserting in lieu thereof "45"; (3) by striking out of the first sentence all after "was reduced by reason of the provisions of subsection (i)(2) of this section" and inserting in lieu thereof a period; (4) by striking out ", subject to the third proviso of this subsection"; and (5) by striking out the period at the end of the first sentence and by inserting in lieu thereof the following "(disregarding, for this purpose, any increase in such reduction which becomes effective after the later of the date such spouse's annuity under