Page:United States Statutes at Large Volume 48 Part 1.djvu/1309

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73d CONGRESS . SESS. II. CH. 868. JUNE 27, 1934 .

1283 [CHAPTER 868 .] AN ACT June 27, 1934 . To provide a retirement system for railroad employees, to provide unemployment [s .3231 .] relief, and for other purposes.

[Public, No . 485 .] Be it enacted by the Senate and House of Representatives of the A RailroadRetirement United States of America in Congress assembled, DEFINrrIONs Definitions . SECTION 1 . That as used in this Act- (a) The term "carrier" in cludes any ex press company, sleeping- "carrier , , car company, carrier by railroad, subject to the Interstate Commerce Act, and any company which is directly or indirectly owned or controlled by or under common control with any carrier by railroad and which operates any equipment or facilities or performs any serv ice (oth er t han truc king ser vice ) in con nect ion with the tra ns- portation of passengers or property or the receipt, delivery, eleva- tion, transfe r in t ransit, refrig eratio n or ic ing sto rage, and han dling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the posses- sion of the business of any such " carrier " : Provided, however, That "rovso ° the t erm " carrier " sha ll not includ e any street, interurban, o r e. ci u a t etc ., railways suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transpor- tation now o r hereafter o perated by an y other motive power . The status of elec tri c Interstate Commerce Commission is hereby authorized and directed rues' upon request of the Board or upon complaint of any party interested to determine after hearin g whether any line operated by electric power falls within the terms of this proviso . (b) The term "employee" means each person in the service of a "Emplo yee. " carrier, subject to its continuing authority to supervise and direct the manner of rendition of his service, who has been in such service within one year before the enactment hereof, or who after the enact- ment hereof shall have been in such service . The term " employee " also includes each officer or other official representative of an " employee organization ", herein called " representative ", who has performed service for a carrier, who is duly designated and author- ized to represent employees under and in accordance with the Rail- way Labor Act, and who, during, or following employment by a carrier, is engaged in such representative service in behalf of such employees . (c) The term "Board" means the Railroad Retirement Board "Board," hereby created . (d) Th e term "annu ity" means regula r paym ents at the end o f "Annwty" each completed month during retirement, ceasing at death or at resumption of compensated s ervice . (e) The term " service " means the employment relation between "service ." an employee and a carrier whether before or after the enactment here of . ( f) The term "servi ce pe riod" means the t otal s ervice of an "Service period ." employee for one or more carriers whether or not continuously per formed , and includ es as one m onth e very c alend ar mon th dur ing which the employee has been paid compensation by a carrier and includes as one year every twelve such months. An ultimate frac- tion of six months or more shall be computed as one year . (g) The term " retire ment " means the status of cessation of "Re tireme ntperi od ." compensated service with the right to receive an annuity .