Page:United States Statutes at Large Volume 54 Part 1.djvu/1134

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PUBLIC LAWS-CH. 842 -OCT. 10 , 1940 42 Stat. 1488. 5U..0.§.661- 674; Supp. V, 5§ 673, 673c. Compensation on piece-rate basis. Detail ofemployees. 56U.S. .. 39. Restriction. Renewals. 50 Stat. 309. 46U. S. C., Supp. V, 228a (h). Compensation, lon- gevity, etc. Local lodge, etc., service. 50 Stat. 437. 45 U. S. C., Supp. V, 262 (a), 23 (a). i3 Stat. 179, 180 . 26 U. S. 0., Supp. V, i 1500 , 1520. 56 Stat. 314 . 45 U. S. O., Supp. V, §228i. Erroneous pay- ments. 49 Stat. 967. 45 U. S. 0., Supp. V, §§215-228. Recovery by ad- justments. Making of adjust. ments. No recovery for overpayments. 49 Stat. 967. 45 U. 8. C., Supp. V. i 26-228 . facilities available for the registration of such employees, the Board may, without regard to civil-service laws and the Classification Act of 1923, appoint persons to accept, in such areas, registration of such employees and perform services incidental thereto and may compen- sate such persons on a piece-rate basis to be determined by the Board. Notwithstanding the provisions of the Act of June 22, 1906 (34 Stat. 449), or any other provision of law, the Board may detail employees from stations outside the District of Columbia to other stations outside the District of Columbia or to service in the District of Columbia, and may detail employees in the District of Columbia to service outside the District of Columbia: Provided, That all details hereunder shall be made by specific order and in no case for a period of time exceeding one hundred and twenty days. Details so made may, on expiration, be renewed from time to time by order of the Board, in each particular case, for periods not exceeding one hundred and twenty days." SEC. 25. Subsection (h) of section 1 of the Railroad Retirement Act of 1937 (50 Stat. 307) is hereby amended by adding thereto the follow- ing sentence: "For the purposes of determining monthly compensation and years of service and for the purposes of subsections (a), (c), and (d) of section 2 and subsection (a) of section 5 of this Act, com- pensation earned in the service of a local lodge or division of a rail- way-labor-organization employer shall be disregarded with respect to any calendar month if the amount thereof is less than $3 and (1) such compensation is earned between December 31, 1936, and April 1, 1940, and taxes thereon pursuant to sections 2 (a) and 3 (a) of the Carriers Taxing Act of 1937 or sections 1500 and 1520 of the Internal Revenue Code are not paid prior to July 1, 1940; or (2) such compensation is earned after March 31, 1940. SEo. 26. Section 9 of the Railroad Retirement Act of 1937 is hereby amended to read as follows: "SEC. 9 . (a) If the Board finds that at any time more than the correct amount of annuities, pensions, or death benefits has been paid to any individual under this Act or the Railroad Retirement Act of 1935 or a payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940), recovery by adjust- ments in subsequent payments to which such individual is entitled under this Act or any other Act administered by the Board may, except as otherwise provided in this section, be made under regula- tions prescribed by the Board. If such individual dies before recov- ery is completed, recovery may be made by set-off or adjustments, under regulations prescribed by the Board, in subsequent payments due, under this Act or any other Act administered by the Board, to the estate, designee, next of kin, legal representative, or surviving spouse of such individual, with respect to the employment of such individual. "(b) Adjustments under this section may be made either by deduc- tions from subsequent payments or, with respect to payments which are to be made during a lifetime or lifetimes, by subtracting the total amount of annuities, pensions, or death benefits paid in excess of the proper amount from the actuarial value, as determined by the Board, of such payments to be made during a lifetime or lifetimes and recertifying such payments on the basis of the reduced actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recertification. "(c) There shall be no recovery in any case in which more than the correct amount of annuities, pensions, or death benefits under this Act or the Railroad Retirement Act of 1935 has been paid to an individual or payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940) who, in the judg- [54 STAT.