Page:United States Statutes at Large Volume 95.djvu/659

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 633

section 2(c) of this Act began to accrue or the date such spouse's annuity under section 2(a)(1) of this Act began to accrue).". (c) Section 4(c) of the Railroad Retirement Act of 1974 is amended by striking "wife's or husband's" and inserting in lieu thereof "monthly". (d) Section 4(e) of the Railroad Retirement Act of 1974 is amended— (1) by striking out all after "January 1, 1975," in subdivision (4) and inserting in lieu thereof "to the earlier of the date on which the individual's annuity under section 2(a)(1) of this Act began to accrue or January 1, 1982."; and (2) by adding at the end thereof the following new subdivision: "(5) No amount shall be payable to a person under subdivision (1), (2), or (3) of this subsection unless the entitlement of such person to such amount had been determined prior to the date of the enactment of this subdivision.". (e) Section 4(f) of such Act is amended— (1) by adding at the end of subdivision (1) "In the case of a widow or widower who is entitled to an annuity under section 2(d) of this Act solely on the basis of railroad service which was performed prior to January 1, 1937, the amount provided under this section with respect to any month shall not be less than the first amount appearing in column IV of the table appearing in section 215(a) of the Social Security Act as in effect on December 31, 1974, after reduction in accordance with the provisions of section 202(k) and 202(q) of that Act in the same manner as would be applicable to a widow's insurance benefit or widower's insurance benefit payable under section 202(e) or 202(f) of that Act."; and (2) by adding at the end thereof the following new subdivision: "(3) The annuity amount provided to a widow or widower under last sentence of subdivision (1) shall be increased by the same percentage or percentages as insurance benefits payable under section 202 of the Social Security Act are increased after the date on which such annuity begins to accrue,". (f) Section 4(f)(2) of the Railroad Retirement Act of 1974 is amended— (1) by striking out "and" at the end of paragraph (i); (2) striking out the period at the end of paragraph (ii) and inserting in lieu thereof ", and"; and (3) by adding at the end thereof the following new paragraph: "(iii) The provisions of paragraphs (i) and (ii) of this subdivision shall not apply to the annuity of a widow, surviving divorced wife, or surviving divorced mother who is entitled to such annuity on the basis of the provisions of section 2(d)(l)(v) of this Act.". (g) Subsection (g) of section 4 of the Railroad Retirement Act of 1974 is amended to read as follows: "(g)(1) The amount of the annuity provided under subsection (f)(1) (other than the last sentence thereof) for a survivor of a deceased individual shall be increased by an amount equal to the appropriate one of the following percentages of that portion of the annuity computed under section 3(b) of this Act, before any reduction on account of age, to which such deceased individual would have been entitled for the month such survivor's annuity under section 2(d) of this Act began to accrue if such individual were living (deeming for this purpose that if such individual died before becoming entitled to an annuity under section 2(a)(1) of this Act, such individual became

45 USC 23ia. 45 USC 23ic.

42 USC 415. 42 USC 402.

45USe23ic.

Ante, p. 630.