An Act to amend the Railroad Retirement Act of 1937 and the Railroad Retirement Tax Act to provide for the extension of supplemental annuities and the mandatory retirement of employees, and for other purposes
PL 91-215 (H.R.13300), enacted 03/17/1970

70 
PUBLIC LAW 91-215-MAR. 17, 1970 
[84 STAT. 
March 17, 1970 
[H. R. 133001 
Public Law 91-215 
AN ACT 
To amend the Railroad Retirement Act of 1987 and tlie Rjiilroad Retirement 
Tax Act to provide for tlie extension of supplemental annuities, and for other 
purposes. 
Railroad Retire-
ment Act of 193 7 
and Railroad 
Retirement Tax 
Act, amendments. 
80 Stat. 1073. 
45 u s e 228c 
64 Stat. 482. 
42 u s e 402. 
80 Stat. 1074. 
45 u s e 228o. 
Supplemental 
taxes. 
80 Stat. 1078. 
26 u s e 3211. 
26 u s e 3221. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Atnerica in Congress assembled^ That section 3(j) of 
the Railroad Retirement Act of 1937 is amended by striking out para-
graph (3) and by redesignating paragraph (4) as paragraph (3). 
SEC. 2. Section 3(j) of the Railroad Retirement x\ct of 1937 is 
amended by adding at the end thereof the following new paragraphs: 
"(4) Notwithstanding any other pro\ision of this Act, no indi-
vidual shall be entitled to a supplemental annuity provided by this 
subsection for any period after he renders any service as an employee 
for compensation after his supplemental annuity closing date deter-
mined as follow^s: 
"(A) Such closing date for an employee who attains age 68 
before 1971 shall be January 31, 1971. Such closing date for an 
employee who attains age 68 during 1971 shall be the last day of 
the month following the month in which he attains age 68. 
"(B) Such closing date for an employee who attains age 67 
during 1972 shall be the last day of the month following the month 
in which he attains age 67. Such closing date for an employee who 
attains age 67 during 1971 shall be January 31,1972. 
"(C) Such closing date for an employee who attains age 66 
during 1973 shall be the last day of the month following the 
month in which he attains age 66. Such closing date for an 
• 
employee who attains age 66 during 1972 shall be January 31,1973. 
"(D) Such closing date for an employee who attains age 65 
after 1973 shall be the last day of the month following the 
month in which he attains age 65. Such closing date for an 
employee who attains age 65 during 1973 shall be January 31,1974. 
"(5) For an employee whose supplemental annuity closing date 
(determined under paragraph (4)) occurs after he has completed at 
least 23 years of service and before he has completed 25 years of 
service and before he is entitled (or on application would be entitled) 
to monthly insurance benefits under section 202(a) of the Social 
Security Act, such date shall be extended to whichever of the following 
first occurs: 
"(A) the day before the first day of the first month for w^hich 
he is entitled (or on application w^ould be entitled) to monthly 
insurance benefits under section 202(a) of the Social Security 
Act, or 
"(B) the last day of the first month for which he qualifies for 
a supplemental annuity under this subsection. 
"(6) The provisions of paragraphs (4) and (5) shall not supersede 
the provisions of any agreement reached through collective bargaining 
between an employer and its employees which provides for mandatory 
retirement at an age less than the applicable supplemental annuity 
closing date determined under paragraphs (4) and (5)." 
SEC. 3. Section 15(b) of the Railroad Retirement Act of 1937 is 
amended by striking out the second paragraph thereof. 
SEC. 4. Section 3211(b) of the Railroad Retirement Tax Act is 
amended to read as follows: 
"(b) In addition to other taxes, there is hereby imposed on the 
income of each employee representative a tax at a rate equal to the 
rate of excise tax imposed on every employer, provided for in section 
3221 (c), for each man-hour for which compensation is paid to him for 
services rendered as an employee representative." 
84 STAT. ] 
PUBLIC LAW 91-215-MAR. 17, 1970 
71 
SEC. 5. (a) Section 3221(c) of the Kailroad Retirement Tax Act is 
amended by substituting for the first sentence thereof the following: 
"In addition to other taxes, there is hereby imposed on every employer 
an excise tax, with respect to having individuals in his employ, for each 
man-hour for which compensation is paid by such employer for serv-
ices rendered to him during any calendar quarter, (1) at the rate of 
2 cents for the period beginning November 1, 1966, and ending 
March 31,1970, and (2) commencing April 1,1970, at such rate as will 
make available for appropriation to the Eailroad Retirement Supple-
mental Account provided for in section 15(b) of the Railroad Retire-
ment Act of 1937 sufficient funds to meet the obligation to pay supple-
mental annuities under section 3(j) of such Act and administrative 
expenses in connection therewith. For the purpose of this subsection, 
the Railroad Retirement Board is directed to determine what rate is 
required for each calendar quarter commencing with the quarter begin-
ning April 1, 1970. The Railroad Retirement Board shall make the 
determinations provided for not later than fifteen days before each 
calendar quarter. As soon as practicable after each determination of 
the rate, as provided in this subsection, the Railroad Retirement 
Board shall publish a notice in the Federal Register, and shall advise 
all employers, employee representatives, and the Secretary of the 
Treasury, of the rate so determined." 
(b) (1) Section 3221 of such Act is further amended by inserting at 
the end thereof the following new subsection: 
"(d) Notwithstanding the provisions of subsection (c) of this 
section, the tax imposed by such subsection (c) shall not apply to an 
employer with respect to employees who are covered by a supplemental 
pension plan which is established pursuant to an agreement reached 
through collective bargaining between the employer and employees. 
There is hereby imposed on every such employer an excise tax equal to 
the amount of the supplemental annuity paid to each such employee 
under section 3(j) of the Railroad Retirement Act of 1937, plus a per-
centage thereof determined by the Railroad Retirement Board to be 
sufficient to cover the administrative costs attributable to such pay-
ments under section 3 (j) of such Act." 
(2) The amendment made by paragraph (1) shall apply to (A) 
supplemental annuities paid on or after April 1, 1970, and (B) man-
hours with respect to which compensation is paid for services rendered 
to such employer on or after such day. 
SEC. 6. The Railroad Retirement Board is authorized to request the 
Secretary of the Treasury to transfer from the Railroad Retirement 
Account to the credit of the Railroad Retirement Supplemental 
Account such moneys as the Board estimates would be necessary for 
the payment of the supplemental annuities, provided for in section 
3(j) of the Railroad Retirement Act of 1937, for the six months next 
following enactment of this Act and for administrative expenses neces-
sary in the administration of such section 3(j) (which expenses are 
hereby authorized) until such time as an appropriation for such 
expenses is made pursuant to section 15(b) of such Act, and the 
Secretary shall make such transfer. The Railroad Retirement Board 
shall request the Secretary of the Treasury, at any time before the 
expiration of one year following the enactment of this Act, to retrans-
fer from the Railroad Retirement Supplemental Account to the credit 
of the Railroad Retirement Account the amount transferred to the 
Railroad Retirement Supplemental Account pursuant to the next pre-
ceding sentence, plus interest at a rate equal to the average rate of 
interest borne by all special obligations held by the Railroad Retire-
ment Account on the last day of the fiscal year ending on June 30,1970, 
rounded to the nearest multiple of one-eighth of 1 per centum, and the 
Secretary shall make such retransfer. 
Excise tax. 
80 Stat. 1078. 
26 u s e 3221. 
80 Stat. 1074; 
Ante, 
p. 70. 
45 u s e 228o. 
Ante, 
p. 70. 
Publication 
in Federal 
Register. 
73 Stat. 29; 
80 Stat. 1078. 
Transfer of 
funds. 
72 
PUBLIC LAW 91-216-MAR. 17, 1970 
[84 STAT. 
48 Stat. 1185; 
54 Stat. 785. 
45 u s e 151. 
50 Stat. 307. 
45 u s e 228a 
et 
seq. 
50 Stat. 316; 
77 Stat. 220. 
45 u s e 228o. 
80 Stat. 1079. 
25 u s e 3211 
note. 
Separability 
provision. 
SEC. 7. No carrier and no representative of employees, as defined in 
section 1 of the Railway Labor Act, shall, before April 1,1974, utilize 
any of the procedures of such Act to seek to make any changes in the 
provisions of the Railroad Retirement Act of 1937 for supj)lemental 
annuities or to establish any new class of pensions or annuities, other 
than annuities payable out of the Railroad Retirement Account 
provided under section 15(a) of the Railroad Retirement Act of 1937, 
to become effective prior to July 1,1974; nor shall any such carrier or 
representative of employees until July 1,1974, engage in any strike or 
lockout to seek to make any such changes or to establish any such new 
class of pensions or annuities: Provided, That nothing in this section 
shall inhibit any carrier or representative of employees from seeking 
any change with respect to benefits payable out of the Railroad Retire-
ment Account provided under section 15 (a) of the Railroad Retirement 
Act of 1937. 
SEC. 8. Section 301(f) of the Act of October 30,1966 (Public Law 
89-699), is amended by striking out "for sixty months". 
SEC. 9. If any provision of this Act or the application thereof to any 
person or circumstances is held invalid, the remainder of this Act, and 
the application of such provision to other persons or circumstances, 
shall not be affected thereby. 
Approved March 17, 1970. 
Public Law 91-216 
March 17, 1970 
AN ACT 
[H. R. 13008] 
To improve position classification systems within tlxe executive branch, and for 
other purposes. 
Job Evaluation 
Policy Act of 
1970. 
63 Stat. 954, 
972; 80 Stat. 443. 
5 u s e 5101 et 
seq and notes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Job Evaluation Policy Act of 1970". 
TITLE I—CONGRESSIONAL FINDINGS W I T H RESPECT 
TO JOB EVALUATION AND RANKING IN T H E EXECU-
TIVE BRANCH 
SEC. 101. The Congress hereby finds that— 
(1) the tremendous growth required in the activities of the Fed-
eral Government in order to meet the country's needs during the 
past several decades has led to the need for employees in an ever-
increasing and changing variety of occupations and professions, 
many of which did not exist when the basic principles of job 
evaluation and ranking were established by the Classification Act 
of 1923. The diverse and constantly changing nature of these 
occupations and professions requires that the Federal Government 
reassess its approach to job evaluation and ranking better to 
fulfill its role as an employer and assure efficient and economical 
administration; 
(2) the large number and variety of job evaluation and ranking 
systems in the executive branch have resulted in significant inequi-
ties in selection, promotion, and pay of employees in comparable 
positions among these systems; 
(3) little effort has been made by Congress or the executive 
branch to consolidate or coordinate the various job evaluation and 
ranking systems, and there has been no progress toward the estab-