An Act to amend the Railroad Retirement Act and the Railroad Unemployment Insurance Tax Act, and for other purposes
PL 82-234 (H.R.3669), enacted 10/30/1951

65 STAT. 
PUBLIC LAW 234—OCT. 30, 1951 
683 
than a substitute rural carrier, under a temporary or indefinite appoint-
ment for not less than ninety days and who shall not have been sep-
arated from the postal service prior to January 6,1952, shall be deemed 
to have earned annual leave at the rate of fifteen days per year and sick 
leave at the rate of 10 days per year, and for such purposes shall receive 
credit for one-twelfth of a year for each whole calendar month he was 
carried on the roll as a temporary or indefinite employee during such 
period. 
EFFEOriVE DATE 
SEC. 209. This title shall take effect on January 6,1952, except that 
paragraph (7) of section 207 (a) shall take effect as of the date of 
enactment of the Independent Offices Appropriation Act, 1952. 
Approved October 30, 1951. 
Ante, p. 268. 
Public Law 234 
CHAPTER 632 
AN ACT 
To amend the Railroad Retirement Act and the Railroad Unemployment Insurance 
Act, and for other purposes. 
October 30,1951 
[H. R. 3669] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress a^semhled^ That section 1 of the 
Kailroad Retirement Act of 1937, as amended, is amended by sub-
stituting in the last sentence of subsection (f) thereof the phrase "one 
hundred twenty-six" for the phrase "fifty-four" and by adding after 
subsection (p) thereof a new subsection as follows: 
"(q) The terms 'Social Security Act' and 'Social Security Act, as 
amended* shall mean the Social Security Act as amended in 1950." 
SEC. 2. Subsection (a) of section 2 of the Railroad Retirement Act of 
1937, as amended, is amended by inserting in the first sentence thereof, 
after "enactment date," the following: "and shall have completed ten 
years of service," ; and by inserting in the first sentence of paragraph 
5 of said subsection a period after the phrase "regular employment" 
and striking out all of that sentence following that phrase. 
SEC, 3. Subsection (c) of section 2 of the Railroad Retirement Act 
of 1937, as amended, is amended by substituting for the phrase "sixty 
days", the phrase "six months". 
SEC. 4. Section 4 of the Railroad Retirement Act of 1937, as 
amended, is amended by substituting for the phrase "sixty days" in 
subsection (k) thereof the phrase "six months". 
SEC. 5. Section 2 of the Railroad Retirement Act of 1937, as 
amended, is amended by adding after subsection (d) thereof the 
following new subsections: 
" (e) SPOUSE'S ANNUITY.:—The spouse of an individual, if— 
"(i) such individual has been awarded an annuity under sub-
section (a) or a pension under section 6 and has attained the age 
of 65, and 
"(ii) such spouse has attained the a^e of 65 or in the case of a 
wife, has in her care (individually or jointly with her husband) 
a child who, if her husband were then to die, wjould be entitled to 
a child's annuity under subsection (c) of section 5 of this Act, 
shall be entitled to a spouse's annuity equal to one-half of such individ-
ual's annuity or pension, but not more than $40: Provided^ however^ 
That if the annuity of the individual is awarded under paragraph 3 
of subsection (a), the spouse's annuity shall be computed or recom-
puted as though such individual had been awarded the annuity to 
which he Would have been entitled under paragraph 1 of said subsec-
Railroad 
Retire-
ment Acts; Railroad 
Unemployment 
I n -
surance Act, amend-
ments. 
50 Stat. 307. 
45 U. 8. C. § 228a. 
45 U. S. C. f 228b. 
46 U. 8. C. § 228C-1. 
46 U. S. C. S 228b. 
45 U. 8. C. S 228f. 
46 U. S. C. { 228e. 
Pott, p. 686. 
684 
PUBLIC LAW 234—OCT. 30, 1951 
[65 STAT. 
tion: Provided 
further, 
That, if the annuity of the individual is 
awarded pursuant to a joint and survivor election, the spouse's annuity 
shall be computed or recomputed as though such individual had not 
made a joint and survivor election: And provided further, That any 
spouse's annuity shall be reduced by the amount of any annuity and 
the amount of any monthly insurance benefit, other than a wife's or 
husband's insurance benefit, to which such spouse is entitled, or on 
proper application would be entitled, under subsection (a) of this 
Poit, p. 686. 
section or subsection (d) of section 5 of this Act or section 202 of the 
^^49Stat.623;64Stat. Social Security Act; except that if such spouse is disentitled to a 
4
2 u. s. c. s 402. 
wife's or husband's insurance benefit, or has had such benefit reduced, 
by reason of subsection (k) of section 202 of the Social Security Act, 
the reduction pursuant to this third proviso shall be only in the amount 
by which such spouse's monthly insurance benefit under said Act 
exceeds the wife's or husband's insurance benefit to which such spouse 
would have been entitled under that Act but for said subsection (k). 
"(f) For the purposes of this Act, the term 'spouse' shall mean the 
wife or husband of a retirement annuitant or pensioner who (i) was 
married to such annuitant or pensioner for a period of not less than 
three years immediately preceding the day on which the application 
for a spouse's annuity is filed, or is the parent of such annuitant's or 
pensioner's son or daughter, if, as of the day on which the application 
for a spouse's annuity is filed, such wife or husband and such annuitant 
or pensioner were members of the same household, or such wife or 
husband was receiving regular contributions from such annuitant or 
pensioner toward her or his support, or such annuitant or pensioner 
has been ordered by any court to contribute to the support of such 
wife or husband; and (ii) in the case of a husband, was receiving 
at least one-half of his support from his wife at the time his wife's 
retirement annuity or pension began. 
"(g) The spouse's annuity provided in subsection (e) shall, with 
respect to any month, be subject to the same provisions of subsection 
(d) as the individual's annuity, and, in addition, the spouse's an-
nuity shall not be payable for any month if the individual's annuity 
is not payable for such month (or, in the case of a pensioner, would 
not be payable if the pension were an annuity) by reason of the pro-
visions of said subsection (d). 
Such spouse's annuity shall cease 
at the end of the month preceding the month in which (i) the spouse 
or the individual dies, (ii) the spouse and the individual are absolutely 
divorced, or (iii), in the case of a wife under age 65, she no longer 
has in her care a child who, if her husband were then to die, would be 
entitled to an annuity under subsection (c) of section 5 of this Act." 
SEC. 6. Subsection (a) of section 3 of the Kailroad Retirement Act 
4
6 u. s. c. 5 228c. of 1937, as amended, is amended by changing "2.40" to "2.76", "1.80" 
to "2.07", and "1.20'^ to "1.38". 
SEC. 7. Subsection (b) of section 3 of the Railroad Retirement Act 
of 1937, as amended, is amended by striking out all of paragraph (4) 
and inserting in lieu thereof the following paragraph: 
"The retirement annuity or pension of an individual, and the an-
nuity of his spouse, if any, shall be reduced, beginning with the month 
in which such individual is, or on proper application would be, entitled 
4
9 Stat. 620; 6
4 Stat, ^o an old age insurance benefit under the Social Security Act, as 
4
2 u. 8. c. ss 1
3
0
6
, follows: (i) in the case of the individual's retirement annuity, by that 
301 note. 
portion of such annuity which is based on his years of service and 
compensation before 1937, or by the amount of such old age insurance 
benefit, whichever is less, (ii) in the case of the individuaPs pension, 
by the amount of such old age insurance benefit, and (iii) in the case 
of the spouse's annuity, to one-half the individual's retirement an-
nuity or pension as reduced pursuant to clause (i) or clause (ii) of this 
65 STAT.] 
PUBLIC LAW 234—OCT. 30, 1951 
685 
paragraph: Provided^ however^ That, in the case of any individual 
receiving or entitled to receive an annuity or pension on the day prior 
to the date of enactment of this paragraph, the reductions required by 
this paragraph shall not operate to reduce the sum of (A) the retire-
ment annuity or pension of the individual, (B) the spouse's annuity, 
if any, and (C) the benefits under the Social Security Act which the 
individual and his family receive or are entitled to receive on the 
basis of his wages, to an amount less than such sum was before the 
enactment of this paragraph." 
SEC. 8. Subsection (e) of section 3 of the Kailroad Retirement Act 
of 1937, as amended, is amended by striking out the phrase "and not 
*
^ ^- ^- ^- * ^
^
^
"
• 
less than five years of service"; by changing the phrase "subsection 
2 (a) (3)" to "section 2 (a) 3 or the last paragraph of section 3 (b)"; 
by changing "$3.60" to "$4.14" and "$60" to "$69"; and by changing 
the period at the end of the subsection to a colon and inserting after 
the colon the following: ^''Provided^ however, That if for any entire 
month in which an annuity accrues and is payable under this Act the 
annuity to which an employee is entitled under this Act (or would have 
been entitled except for a reduction pursuant to section 2 (a) 3 or a 
joint and survivor election), together with his or her spouse's annuity, 
if any, or the total of survivor annuities under this Act deriving from 
the same employee, is less than the amount, or the additional amount, 
which would have been payable to all persons for such month under the 
Social Security Act (deeming completely and partially insured indi- ^
^
4
9 stat. 6
2
0
; 6
4 stat. 
viduals to be fully and currently insured, respectively, and disregard- 
4
2 u. s. c. s§ 1
3
0
5
, 
ing any possible deductions under subsections (f) and (g) (2) of 
section 203 thereof) if such employee's service as an employee after 
December 31,1936, were included in the term 'employment' as defined 
in that Act and quarters of coverage were determined in accordance 
with section 5 (1) (4) of this Act, such annuity or annuities, shall be 
increased proportionately to a total of such amount or such additional 
amount." 
SEC. 9. Section 3 of the Railroad Retirement Act of 1937, as 
4
5 u. s. c. j 228c. 
amended, is amended by striking out subsection (h) thereof. 
SEC. 10. Subsection (i) of section 3 of the Railroad Retirement Act 
of 1937, as amended, is amended by redesignating it as subsection (h). 
SEC. 11. Subsection (a) of section 5 of the Railroad Retirement 
Act of 1937, as amended, is amended by inserting "and Widower's" 
4
5 u. s. c. s 228e. 
after "Widow's"; by inserting "or widower" after "widow"; by 
inserting "or his" after "her", by inserting "or he" after "she"; by 
striking out the phrase "three-fourths of"; and by changing the 
period at the end thereof to a colon, and by inserting after the colon the 
following: '''•Provided, however, That if in the month preceding the 
employee's death the spouse of such employee was entitled to a spouse's 
annuity under subsection (e) of section 2 in an amount greater than 
the widow's or widower's insurance annuity, the widow's or widower's 
insurance annuity shall be increased to such greater amount." 
SEC. 12. Subsection (b) of section 5 of the Railroad Retirement 
Act of 1937, as amended, is amended by striking out the phrase "three-
fourths of"; 
and by changing the period at the end thereof to a 
colon and inserting after the colon the following: ^''Provided, hovy-
ever, That if in the month preceding the employee's death the spouse 
of such employee was entitled to a spouse's annuity under subsection 
(e) of section 2 in an amount greater than the widow's current insur-
ance annuity, the widow's current insurance annuity shall be increased 
to such greater amount." 
SEC. 13. Subsection (c) of section 5 of the Railroad Retirement 
Act of 1937, as amended, is amended by substituting for the phrase 
"one-half" the phrase "two-thirds". 
686 
PUBLIC LAW 234—OCT. 30, 1951 
[65 STAT. 
SEC. 14. Subsection (d) of section 5 of the Railroad Retirement 
Act of 1937, as amended, is amended by inserting, ", no widower," 
after "widow"; and by substituting for the phrase "one-half" the 
phrase "two-thirds". 
SEC. 15. Subsection (e) of section 5 of the Railroad Retirement 
Act of 1937, as amended, is amended by substituting for the phrase 
"one-half" the phrase "two-thirds". 
SEC. 16. Subsection (f) (1) of section 5 of the Railroad Retire-
ment Act of 1937, as amended, is amended by inserting "widower," 
after the phrase "widow," where this phrase first appears in the first 
sentence, and after the phrase "widow," whei-ever this phrase appears 
in the fourth sentence; and by substituting in the first sentence for the 
word "eight" the word "ten". 
SEC. 17. Subsection (f) (2) of section 5 of the Railroad Retirement 
Act of 1937, as amended, is amended by inserting ", widower," after 
the word "widow" wherever this word appears; by inserting "or her" 
after the words "his" and "him" wherever these words appear; by 
inserting immediately before ", or to others" in the first sentence the 
following: ", and to others deriving from him or her, during his or 
her life,"; by changing the period at the end of said subsection to a 
comma and by inserting after the comma the following: "except that 
the deductions of the benefits which, pursuant to subsection (k) (1) 
4
8
2
* Stat. 623; 6
4 Stat, of ^jjjg section, are paid under section 202 of the Social Security Act, 
4
2 u. s. c. s 402. 
during the life of the employee to him or to her and to others deriving 
from him or her, shall be limited to such portions of such benefits as are 
payable solely by reason of the inclusion of service as an employee in 
'employment' pursuant to said subsection (k) (1)." 
SEC. 18. Subsection (g) (2) of section 5 of the Railroad Retirement 
4
6 u. 8. G. s 228e. 
^(.j- ^f 1937^ as amended, is amended to read as follows: 
"(2) If an individual is entitled to more than one annuity for a 
month under this section, such individual shall be entitled only to 
that one of such annuities for a month which is equal to or exceeds 
any other such annuity. If an individual is entitled to an annuity for 
a month under this section and is entitled, or would be so entitled on 
proper application therefor, for such month to an insurance benefit 
^49 Stat. 623; 6
4 Stat, under section 202 of the Social Security Act, the annuity of such 
4
2 u. s. c. § 402. 
individual for such month under this section shall be only in the 
amount by which it exceeds such insurance benefit. If an individual 
is entitled to an annuity for a month under this section and also to a 
retirement annuity, the annuity of such individual for a month under 
this section shall be only in the amount by which it exceeds such retire-
ment annuity. 
" (3) In the case of any individual receiving or entitled to receive an 
annuity under this section on the day prior to the date of enactment 
of the provisions of this paragraph, the application of paragraph (2) 
of this subsection to such individual shall not operate to reduce the sum 
of (A) the annuity under this section of such individual, (B) the 
retirement annuity, if any, of such individual, and (C) the benefits 
^
^
4
9 Stat. 6
2
0
; 6
4 Stat, under the Social Security Act which such individual receives or is 
4
2 u^s. c. §§1305, entitled to receive, to an amount less than such sum was before the 
"' "" ° 
enactment of the provisions of this paragraph." 
SEO. 19. Subsection (h) of section 5 of the Railroad Retirement Act 
of 1937, as amended, is amended to read as follows: 
"(h) Maximum and Minimum Annuity Totals.—^Whenever accord-
ing to the provisions of this section as to annuities, payable for a month 
with respect to the death of an employee, the total of annuities is more 
than $30 and exceeds either (a) $160, or (b) an amount equal to two 
and two-thirds times such employee's basic amount, whichever of such 
amounts is the lesser, such total of annuities shall, prior to any deduc-
301 note. 
65 STAT.] 
PUBLIC LAW 234—OCT. 30, 1951 
687 
tions under subsection (i), be reduced to such lesser amount or to $30, 
whichever is greater. 
Whenever such total of annuities is less than 
$14, such total shall, prior to any deductions under subsection (i), 
be increased to $14." 
SEC. 20. Subdivision (ii) of paragraph (1) of subsection (i) of 
section 5 of the Railroad Retirement Act of 1937, as amended, is 
amended by substituting "$50" for "$25". 
SEC. 21. Subsection (j) of section 5 of the Railroad Retirement Act 
of 1937, as amended, is amended by striking out all of the third sen-
tence thereof after the phrase "the month m which" (including the 
proviso), and substituting the following: "eligibility therefor was 
otherwise acquired, but not earlier than the first day of the sixth month 
before the month in which the application was filed." 
SEC. 22. (a) Paragraph (1) of subsection (k) of section 5 of the 
Railroad Retirement Act of 1937, as amended, is amended by inserting 
" ( i ) " after the word "determining" and by inserting in said para-
graph after the word "Act" where it first appears the following: "to 
an employee who will have completed less tlian ten years of service 
and to others deriving from him or her during his or her life and 
with respect to his or her death, and lump-sum death payments with 
respect to the death of such employee, and (ii) insurance benefits with 
respect to the death of an employee who will have completed ten years 
of service"; by striking in said paragraph after "1947," the following: 
"to a widow, parent, or surviving child,"; by inserting before the word 
"occurring" the phrase "of such an employee"; by inserting after the 
phrase "such date" the following: ", and for the purposes of section 
203 of that Act"; by substituting in said paragraph "210 (a) (10)" 
for "209 (b) (9)"; and by inserting at the end of such paragraph (1) 
the following sentence: "In the application of the Social Security Act 
pursuant to this paragraph to service as an employee, all service as 
defined in section 1 (c) of this Act shall be deemed to have been per-
formed within the United States." 
(b) Subsection (k) (2) of section 5 of the Railroad Retirement Act 
*
^ ^- ^- ^- 5 ^^• 
of 1937, as amended, is amended by substituting the following: 
"(2) (A) The Board and the Federal Security Administrator shall 
determine, no later than January 1, 1954, the amount which would 
place the Federal Old-Age and Survivors Insurance Trust Fund 
(hereafter termed 'Trust Fund') in the same position in which it 
would have been at the close of the fiscal year ending June 30, 1952, if 
service as an employee after December 31, 1936, had been included 
in the term 'employment' as defined in the Social Security Act and ^^f ^^^- ^^o; 6
4 stai;. 
in the Federal Insurance Contributions Act. 
4
2 u. s. c. §
§ laoii, 
"(B) On January 1, 1954, for the fiscal year ending June 30, 1953, " t a t . 175. 
and at the close of each fiscal year beginning with the fiscal year end- 
2
6 u. s. c. § 1
4
3
2
. 
ing June 30, 1954, the Board and the Federal Security Administrator 
shall determine, and the Board shall certify to the Secretary of the 
Treasury for transfer from the Railroad Retirement Account (here-
after termed 'Retirement Account') to the Trust Fund, interest for 
such fiscal year at the rate specified in subparagraph (D) on the 
amount determined under subparagraph (A) less the sum of all offsets 
made under subparagraph (C). 
"(C) At the close of the fiscal year ending June 30, 1953, and each 
fiscal year thereafter, the Board and the Federal Security Adminis-
trator shall determine the amount, if any, which if added to or sub-
tracted from the Trust Fund would place such Trust Fund in the 
same position in which it would have been if service as an employee 
after December 31, 1936, had been included in the term 'employment' 
as defined in the Social Security Act and in the Federal Insurance 
Contributions Act. 
For the purposes of this subparagraph, the 
76100 0 - 5 2 
(PT. I) - 46 
688 
PUBLIC LAW 234—OCT. 30, 1951 
[65 STAT. 
amount determined under subparagraph (A), less such offsets as have 
theretofore been made under this subparagraph, and the amount deter-
mined under subparagraph (B) for the fiscal year under consideration 
shall be deemed to be part of the Trust Fund. 
Such determination 
shall be made no later than June 15, following the close of the fiscal 
year. If such amount is to be added to the Trust Fund, the Board 
shall, within ten days after the determination, certify such amount to 
the Secretary of the Treasury for transfer from the Ketirement 
Account to the Trust Fund; if such amount is to be subtracted from the 
Trust Fund, the Administrator shall, within ten days after the deter-
mination, certify such amount to the Secretary of the Treasury for 
transfer from the Trust Fund to the Retirement Account. 
The amount 
so certified shall further include interest (at the rate determined in 
subparagraph (D) for the fiscal year under consideration) payable 
from the close of such fiscal year until the date of certification. 
In 
the event the Administrator is required under the provisions of this 
subparagraph to certify to the Secretary of the Treasury an amount 
to be transferred to the Retirement Account from the Trust Fund, 
the Administrator, in lieu of such certification, may offset the amount 
determined under the first sentence of this subparagraph against 
the amount determined in subparagraph (A) as diminished by any 
prior offsets and the offset shall be made to be effective as of the first 
day of the fiscal year following the fiscal year under consideration. 
"(D) For the purposes of subparagraphs (B) and (C), for any 
fiscal year, the rate of interest to be used shall be equal to the average 
rate of interest, computed as of May 31 preceding the close of such 
fiscal year, borne by all interest-bearing obligations of the United 
States then forming a part of the public debt; except that where such 
average rate is not a multiple of one-eighth of 1 per centum, the rate 
of interest shall be the multiple of one-eighth of 1 per centum next 
lower than such average rate. 
"(E) The Secretary of the Treasury is authorized and directed to 
transfer to the Trust Fund from the Retirement Account or to the 
Retirement Account from the Trust Fund, as the case may be, such 
amounts as, from time to time, may be determined by the Board and 
the Federal Security Administrator pursuant to the provisions of 
subparagraphs (B) and (C) of this subsection, and certified by the 
Board or the Administrator for transfer from the Retirement Account 
or from the Trust Fund." 
SEC. 23. (a) (1) Paragraph (1) of subsection (1) of section 5 of 
4
5 u. s. c. § 2
2
8
e
. 
^]^g Railroad Retirement Act of 1937, as amended, is amended by 
inserting " 'widower','' after " 'widow'," where this word first appears; 
by substituting "216 (c), (e),and (g)" for "209 (j) and (k)", and by 
substituting "202 (h)" for "202 (f)". 
(2) The said paragraph (1) is further amended by striking out 
subdivision (i) thereof and inserting in lieu of such subdivision the 
following: 
"(i) a 'widow' or 'widower' shall have been living with the 
employee at the time of the employee's death; a widower shall 
have received at least one-half of his support from his wife 
employee at the time of her death or he shall have received at least 
one-half of his support from his wife employee at the time her 
retirement annuity or pension began." 
(3) The said paragraph (1) is further amended by inserting in 
subdivision (ii) after the phrase "such death" the following: "by 
other than a step parent, grand parent, aunt, or uncle"; and by 
amending subdivision (iii) to read as follows: "(iii) a 'parent' shall 
have received, at the time of the death of the employee to whom the 
relationship of parent is claimed, at least one-half of his support 
from such employee.". 
65 STAT.] 
PUBLIC LAW 234—OCT. 30, 1951 
689 
(4) Paragraph (1) of the said subsection (1) is further amended 
by substituting for all the matter which follows subdivision (iii) the 
following: "A 'widow' or 'widower' shall be deemed to have been 
living with the employee if the conditions set forth in section 216 
(h) (2) or (3), whichever is applicable, of the Social Security Act 
^ u^g c^'j^^^-
are fulfilled. 
A 'child' shall be deemed to have been dependent upon 
• • § *i6. 
a parent if the conditions set forth in section 202 (d) (3), (4), or 
«u^s 0^5402 
(5) of the Social Security Act are fulfilled (a partially insured 
mother being deemed currently insured). 
In determining for pur-
poses of this section and subsection (f) of section 2 whether an appli-
cant is the wife, husband, widow, widower, child, or parent of an 
employee as claimed, the rules set forth in section 216 (h) (1) of the 
Social Security Act shall be applied;". 
^ |t*|- s^i-j ^jg 
(b) Paragraph (4) of subsection (1) of section 5 of the Railroad 
Retirement Act of 1937, as amended, is amended by inserting after the 
table the following: "If upon computation of the compensation quar-
ters of coverage in accordance with the above table an employee is 
found to lack a completely or partially insured status which he would 
have if compensation paid in a calendar year were presumed to have 
been paid in equal proportions with respect to all months in the year 
in which the employee will have been in service as an employee, such 
presumption shall be made." 
(c) Paragraph (6) of subsection (1) of section 5 of the Railroad 
« u. s. c. § 2
2
8
€
:
. 
Retirement Act of 1937, as amended, is amended to read as follows: 
"(6) The term 'wages' shall mean wages as defined in section 209 
of the Social Security Act (except that for the purposes of section 5 ^
^
^
^ s
*
^
*
- ^^s; 5
3 stat. 
(i) (1) (ii) of this Act such wages shall be determined without regard 
42'u. s. c. § 409. 
to subsection (a) of said section 209). In addition, the term shall 
include (i) 'self-employment income' as defined in section 211 (b) of 
42u.'^s.c^§4n. 
the Social Security Act (and in determining 'self-employment income' 
the 'net earnings from self-employment' shall be determined as pro-
vided in section 211 (a) of such Act and charged to correspond with 
the provisions of section 203 (e) of such Act), and (ii) wages 
^u^s c%403 
deemed to have been paid under section 217 (a) of the Social Security 
6
4 stat."512. 
Act on account of military service which is not creditable under section 
*
^ ^" ^' ^' ^ *
^
^
" 
4 of this Act." 
(d) Paragraph (7) of subsection (1) of section 5 of the Railroad 
4
5 u. s. c. § 2
2
8
e
. 
Retirement Act of 1937, as amended, is amended by inserting before 
the word "had" the phrase "completed ten years of service and will 
have"; and by inserting in the parenthetical phrase in subdivision (i), 
after the word "quarter" the following: "which is not a quarter of 
coverage and". 
(e) Paragraph (8) of subsection (1) of section 5 of the Railroad 
Retirement Act of 1937, as amended, is amended to read as follows: 
"(8) An employee will have been 'partially insured' at the time of 
his death, whether before or after the enactment of this section, if it 
appears to the satisfaction of the Board that he will have completed ten 
years of service and will have had (i) a current connection with the 
railroad industry; and (ii) six or more quarters of coverage in the 
period ending with the quarter in which he will have died or in which a 
retirement annuity will have begun to accrue to him and beginning 
with the third calendar year next preceding the year in which such 
event occurs." 
(f) Paragraph (9) of subsection (1) of section 5 of the Railroad 
Retirement Act of 1937, as amended, is amended by changing the 
language before the first proviso to read as follows: 
"(9) An employee's 'average monthly remuneration' shall mean the 
quotient obtained by dividing (A) the sum of (i) the compensation 
paid to him after 1936 and before the quarter in which he will have 
690 
PUBLIC LAW 234—OCT. 30, 1951 
[65 STAT. 
died, eliminating any excess over $300 for any calendar month, and 
(ii) if such compensation for any calendar year is less than $3,600 
and the average monthly remuneration computed on compensation 
alone is less than $300 and the employee has earned in such calendar 
year 'wages' as defined in paragraph (6) heteof, such wages, in an 
amount not to exceed the difference between the compensation for such 
year and $3,600, by (B) three times the number of quarters elapsing 
after 1936 and before the quarter in which he will have died:"; by 
inserting in the second proviso after the word "quarter" the following: 
"which is not a quarter of coverage and"; and by changing the period 
at the end of said proviso to a colon and adding the following: ^^And 
provided further, That if the exclusion from the divisor of all quarters 
beginning with the first Quarter in which the employee was completely 
insured and had attained the age of sixty-five and the exclusion from 
the dividend of all compensation and wages_ with respect to such 
quarters would result in a higher average monthly remuneration, such 
quarters, compensation and wages shall be so excluded." 
4
5 u. s. c. §2286. 
(g) Paragraph (10) of subsection (1) of section 5 of the Railroad 
Retirement Act of 1937, as amended, is amended by substituting "$300" 
for "$250" and "$14" for "$10". 
j 5 u. s. c. § 2
2
8
q 
jgj,^. 24. Scctiou 17 of the Railroad Retirement Act of 1937, as 
amended, is amended by striking out "subsection (b) of". 
EFFBCnVE DATES 
SEC. 25. (a) Except as otherwise specifically provided, the amend-
ments made by this Act shall take effect with respect to benefits accru-
49 Stat • 620-w'Stat ^^^ Under the Railroad Retirement Acts and the Social Security Act 
477. 
_ ' 
after the last day of the month in which this Act is enacted, irrespec-
3ornot'e.' " *
^ 
' tive of when service or employment occurred or compensation or 
wages were earned: Provided, 
however. That, in the recomputation 
pursuant to this Act of survivor annuities heretofore awarded, the 
basic amount shall not be recomputed. 
(b) The amendments made by sections 3, 4, and 21 of this Act shall 
apply to benefits awarded in whole or in part on or after the date of 
enactment of this Act. 
(c) The amendments made by sections 16 and 17 of this Act shall 
take effect with respect to deaths occurring on or after the date of 
enactment of this Act. 
(d) In the case of any retirement or survivor annuity awarded 
under the Railroad Retirement Acts prior to the date of enactment of 
this Act and currently payable, if such annuity was awarded to, or 
with respect to the death of, any individual who has completed less 
than ten years of service, then the amendments made by this Act shall 
apply with respect to such annuity as if such individual had met the 
requirement of ten years of service which is imposed as a condition 
50 Stat 3
0
7
.
^
^ ^^_ ^
Q benefits under the Railroad Retirement Act of 1937, as amended 
228s. • • • 
by this Act. In addition, the spouse of any such individual shall not, 
during such individual's lifetime, be barred from a spouse's annuity 
under such Act by reason of the fact that such individual has com-
pleted less than ten years of service. 
(e) Where the parent of a deceased employee has, prior to the 
date of enactment of this Act, been awarded a survivor annuity under 
the Railroad ^Retirement Acts which is currently payable, the entitle-
ment of such parent to a survivor's annuity in accordance with the 
amendments made by this Act shall be determined without regard to 
whether or not such employee died leaving a "widow" or "widower", 
as defined in this Act. 
65 STAT.] 
PUBLIC LAW 234—OCT. 30, 1951 
601 
(f) All joint and survivor annuities heretofore and hereafter 
awarded shall be governed by the law under which the election of the 
joint and survivor annuity was made, except that the individual who 
made the election shall have the right to revoke the same in such man-
ner and form as the Board may prescribe. 
An election shall be deemed to have been revoked if before or after 
the enactment hereof the spouse for whom the election was made 
predeceased the individual who made the election. 
Upon revocation 
of the election, or death of the spouse, as herein provided, the 
individual's annuity shall be increased to the amount which would 
have been payable had no election been made; such increased annuity 
shall, subject to the provisions of section 2 (c) of the Railroad Retire-
ment Act of 1937, as amended, begin to accrue on the first of the cal- 
^ u. s. c. § 2
2
8
i
t
)
. 
endar month following the calendar month in which the election was 
revoked or the spouse died but not before the calendar month next 
following the month of enactment hereof. 
(g) Jul pensions due in months following the first calendar month 
after the month of enactment hereof shall be increased by 15 per 
centum. 
(h) The increase in retirement annuities provided by this Act shall 
apply also to annuities heretofore awarded under the Railroad Retire-
ment Act of 1935, and the term "spouse" as used in this Act shall include 
4
5 u^V^ c'. §
§ iiis-
the wife or husband of an employee who has been awarded an annuity 2
2
8 note. 
under the Railroad Retirement Act of 1935. The provisions of this 
Act shall not apply to annuities heretofore paid under the Railroad 
Retirement Acts in lump sums equal to their commuted values. 
(i) The annuity of the spouse of an employee who has been 
awarded an annuity under section 3 (b) of the Railroad Retirement 
Act of 1935 or under section 2 (a) 2 (b) of the Railroad Retirement 
Act of 1937 prior to its amendment by Public Law 572, Seventy-ninth 309?lo^staT'727.^^^*" 
Congress, shall, subject to the provisions of this Act, be one-half the ^^^ u. s. c. §§'2:80, 
annuity such employee would have received had the annuity been "^^ 
awarded at age sixty-five. 
(j) All recertifications by the Railroad Retirement Board required 
by reason of the provisions of this Act other than section 9 shall be 
made without application therefor. Recertifications pursuant to sec-
tion 9 of this Act shall be made only upon application therefor in 
such manner and form and filed within such time as the Railroad 
Retirement Board may prescribe. 
228b. 
AMENDMENTS TO THE RAILROAD UNEMPLOYMENT INSURANCE ACT 
SEC. 26. Section 1 (k) of the Railroad Unemployment Insurance Act, 
^
^ stat. 1
0
9
5
^
. ^
^
^ 
as amended, is amended by adding before the period at the end of the 
first paragraph thereof the following: ": Provided further^ That any 
calendar day on which no remuneration is payable to or accrues to an 
employee solely because of the application to him of mileage or work 
restrictions agreed upon in schedule agreements between employers 
and employees or solely because he is standing by for or laying over 
between regularly assigned trips or tours of duty shall not be con-
sidered either a day of unemployment or a day of sickness". 
SEC. 27. Subsection (a-1) of* section 4 of the Railroad Unemploy- 
45u."s/a^§364 
ment Insurance Act, as amended, is amended by striking out all of 
subdivisions (iii) and (iv) thereof. 
SEC. 28. The provisions of sections 26 and 27 of this Act shall 
Effective date, 
become effective with respect to registration periods beginning on and 
after January 1,1952. 
Approved October 30, 1951, 9:30 a. m., E. S. T.