318 Free transportation to annuitants, etc . , not unlawf ul . Cita tions o f titles . 49 Stat . 967. Conditions of eligi- bility for annuities . Provisos . No reduction be- cause of continuance in se rvice af ter 65 . Pri or ser vic es in- cluded. Unpaid annuity due at death . Person relinquish- ing employment and ineligi ble for annuit y under Act of 1935, adjudication of right thereto . Proviso . No prior annui ty . 75TH CONG RESS , 1ST SESSION-CH . 382-JUNE 24, 1937 "FREE TRANSPORTATION "SEC. 18 . It shall not be unlawful for carriers by railroad subject to this Act to furnish free transportation to individuals receiving annuities or pensions under this Act or the Railroad Retirement Act of 1935 in the s ame manner as such transpor tation is fur nished to employees in their service ." PART II SEC . 201 . The Act entitled "An Act to establish a retirement system for e mployees of c arriers subjec t to the Inte rstate Commer ce Act, and for other purposes", approved August 29, 1935, as in force prior to its amendment by part I of this Act, may be cited as the "Rail- road Retirement Act of 1935" ; and such Act, as amended by part I of this Act, may be cited as the "Railroad Retirement Act of 1937" . SEC. 202 . The claims of individuals (and the claims of spouses and next of kin of such individuals) who, prior to the date of the enact- ment of this Act, relinquished all rights to return to the service of a carrier as defined in the Railroad Retirement Act of 1935 or ceased to be employee representatives as defined therein, and became eligible for annuities under such Act, shall be adjudicated by the Board in the same manner and with the same effect as if this Act had not been enacted : Provided, however, That with respect to any such claims no reduction shall be made in any annuity certified after the date of the ena ctment of thi s Act because of continuanc e in service after age sixty-five : And provided further, That service rendered prior to August 29 , 1935, to a c ompany which on that date was a carrier as defined in the Railroad Retirement Act of 1935, shall be included in the service period in connection with any annuity certified in whole or in part by the Board after the date of the enactment of this Act, irrespective of whether at the time such service was rendered such company was a carrier as defined in the Railroad Retirement Act of 1935 ; and service rendered prior to August 29, 1935, to any express company, sleeping-car c ompany, or ca rrier by rail road which was a predecessor of a company which on that date was a carrier as defined in the Railroad Retirement Act of 1935, shall also be included in the service period in connection with any annuity certified in whole or in part by t he Board afte r the date of the enactment of this Act, irrespective of whether at the time such service was rendered such predecessor was a carrier as defined in the Railroad Retirement Act of 1935 : And provided further, That annuity payments due an indi- vidual under the Railroad Retirement A ct of 1935 but not yet paid at death shall be paid to a surviving spouse if such spouse is entitled to an annuity under an election made pursuant to the provisions of section 5 of such Act ; otherwise they shall be paid to such person or persons as the deceased may have designated by a writing filed with the Board prior to his death, or if there be no designation, to the legal representative of the deceased . SEC . 203 . Any individual who, prior to the date of the enactment of this Act, relinquished all rights to return to the service of a car- rier as defined in the Railroad Retirement Act of 1935 or ceased to be an employee re presentative as defined in such Act, and who is not eligible for an annuity under that Act but who would have been eli able for a n annuity und er the Railro ad Retirement Act of 1937 ha such Act been in force from an 1 after August 29, 1935, shall have his right to a n annuity adj udicated unde r the Railroad Retirement Act of 1937 : P rov ide d, ho wev er, That no s uch annuity sh all begin prior to the date of the enactment of this Act . 1 So in original .
