Section text and notes
Editorial Notes
Codification
act Aug. 29, 1935, ch. 812 Pub. L. 93–445, title I, § 10188 Stat. 1305 Sections 228e to 228z–1 were omitted pursuant to the amendment and revision of , by , , , known as the Railroad Retirement Act of 1974.
act Aug. 29, 1935, ch. 812, § 5 June 24, 1937, ch. 382 50 Stat. 312 Apr. 8, 1942, ch. 227, § 12 56 Stat. 208 60 Stat. 1095 July 31, 1946, ch. 709, § 213 60 Stat. 729 June 23, 1948, ch. 608, § 2 62 Stat. 577 Oct. 30, 1951, ch. 632 65 Stat. 685 July 18, 1952, ch. 945, § 6(d)(2) 66 Stat. 777 67 Stat. 631 Aug. 31, 1954, ch. 1164 68 Stat. 1039 Sept. 1, 1954, ch. 1206 68 Stat. 1081 Aug. 12, 1955, ch. 869 69 Stat. 716 Aug. 1, 1956, ch. 836 70 Stat. 836 Aug. 7, 1956, ch. 1022, § 2 70 Stat. 1076 Pub. L. 85–238, § 4(b)71 Stat. 520 Pub. L. 85–927, § 272 Stat. 1779 Pub. L. 86–2873 Stat. 27 Pub. L. 86–778, title II, § 211o74 Stat. 958 Pub. L. 87–285, § 375 Stat. 585 Pub. L. 88–133, title I77 Stat. 220 Pub. L. 89–97, title I, § 111(b)(2)79 Stat. 341 Pub. L. 89–212, § 3(c)79 Stat. 860 Pub. L. 89–699, title II, § 201(d)80 Stat. 1076 Pub. L. 89–700, title I, § 10580 Stat. 1082 Pub. L. 90–248, title I, § 151(d)(3)81 Stat. 860 Pub. L. 90–257, title I, § 10582 Stat. 19 Pub. L. 91–377, § 384 Stat. 791 Pub. L. 92–46, § 385 Stat. 101 Pub. L. 92–460, § 1(e)86 Stat. 766 Pub. L. 93–58, § 287 Stat. 141 Pub. L. 93–69, title I, § 104(d)87 Stat. 164 Section 228e, , as restated , pt. I, § 1, ; amended , ; 1946 Reorg. Plan No. 2, § 4, eff. ; 11 F.R. 7873, ; acts , ; , ; , §§ 11 to 23, ; , (3), ; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. 18 F.R. 2053, ; acts , pt. I, §§ 8–14, ; , title I, § 106(f), title IV, § 401(b)–(d), , 1097; , §§ 2, 3, ; , title I, § 120(b), (c), ; , ; , , (c), ; , , ; , , pt. I, § 3, ; , ()(2), ; , , ; , , §§ 5, 6, ; , , title III, § 326(b), , 400; , –(e), ; , –(f), ; , , title III, § 301(i), (iv)(b), (c), , 1088; , , ; , , ; , , , , , ; , , (f), ; , , ; , , , related to annuities and lump sum payments for survivors. See sections 231c and 231e of this title.
act Aug. 29, 1935, ch. 812, § 6 June 24, 1937, ch. 382 50 Stat. 312 oSection 228f, , as restated , pt. I, § 1, , related to pensions to individuals on pension or gratuity rolls of employers. See section 231 of this title.
act Aug. 29, 1935, ch. 812, § 7 June 24, 1937, ch. 382 50 Stat. 313 oSection 228g, , as restated , pt. I, § 1, , related to additional pensions or gratuities by employers. See section 231 of this title.
act Aug. 29, 1935, ch. 812, § 8 June 24, 1937, ch. 382 50 Stat. 313 July 31, 1946, ch. 709, § 214 60 Stat. 735 Pub. L. 89–700, title I, § 10680 Stat. 1085 section 231h of this titleSection 228h, , as restated , pt. I, § 1, ; amended , ; , , , related to filing of compensation returns by employers with Board. See .
act Oct. 9, 1940, ch. 797, § 4 54 Stat. 1089 section 228h of this titleSection 228h–1, , , related to records of service and compensation prior to , was transferred to a note set out under .
act Aug. 29, 1935, ch. 812, § 9 June 24, 1937, ch. 382 50 Stat. 314 Oct. 10, 1940, ch. 842, § 26 54 Stat. 1100 Pub. L. 89–700, title I, § 10780 Stat. 1085 section 231i of this titleSection 228i, , as restated , pt. I, § 1, ; amended , ; , , , related to erroneous payments by the Board. See .
act Aug. 29, 1935, ch. 812, § 10 June 24, 1937, ch. 382 50 Stat. 314 54 Stat. 1231 June 25, 1948, ch. 646 62 Stat. 875 May 24, 1949, ch. 139, § 127 63 Stat. 107 Oct. 15, 1949, ch. 695, § 5(a) 63 Stat. 880 Aug. 12, 1955, ch. 869, § 5 69 Stat. 716 Pub. L. 85–92772 Stat. 1781 Pub. L. 89–554, § 8(a)80 Stat. 660 Pub. L. 89–700, title I, § 10880 Stat. 1085 Pub. L. 90–257, title I, § 10682 Stat. 21 section 231f of this titleSection 228j, , as restated , pt. I, § 1, ; amended 1940 Reorg. Plan No. III, § 1(a), eff. , 5 F.R. 2107, ; acts , 19§§ 1, 32(b), , 895, 991; , ; , ; , ; , , pt. I, § 3, ; , , ; , , ; , , , related to establishment of Railroad Retirement Board. See .
act Aug. 29, 1935, ch. 812, § 11 June 24, 1937, ch. 382 50 Stat. 315 July 31, 1946, ch. 709, § 215 60 Stat. 735 section 231g of this titleSection 228k, , as restated , pt. I, § 1, ; amended , , related to court jurisdiction under this subchapter. See .
lact Aug. 29, 1935, ch. 812, § 12 June 24, 1937, ch. 382 50 Stat. 316 Aug. 12, 1955, ch. 869, § 4 69 Stat. 716 section 231m of this titleSection 228, , as restated , pt. I, § 1, and amended , , related to assignability of annuities and pension payments under this subchapter. See .
act Aug. 29, 1935, ch. 812, § 13 June 24, 1937, ch. 382 50 Stat. 316 Pub. L. 85–92772 Stat. 1781 lSection 228m, , as restated , pt. I, § 1, ; amended , , pt. I, § 4, , related to penalties under this subchapter. See section 231 of this title.
act Aug. 29, 1935, ch. 812, § 14 June 24, 1937, ch. 382 50 Stat. 316 section 231s of this titleSection 228n, , as restated , pt. I, § 1, , related to separability of provisions. See .
oact Aug. 29, 1935, ch. 812, § 15 June 24, 1937, ch. 382 50 Stat. 316 Pub. L. 86–346, title I, § 104(4)73 Stat. 622 Pub. L. 88–133, title I, § 7(a)77 Stat. 220 Pub. L. 89–699, title I, § 280 Stat. 1074 Pub. L. 91–215, § 384 Stat. 70 Pub. L. 91–377, § 584 Stat. 792 section 231n of this titleSection 228, , as restated , pt. I, § 1, ; amended , , ; , , ; , , ; , , ; , , , related to establishment of Railroad Retirement Account. See .
act Aug. 29, 1935, ch. 812, § 16 June 24, 1937, ch. 382 50 Stat. 317 Section 228p, , as added , pt. I, § 1, , related to authorization of appropriations under this subchapter.
act Aug. 29, 1935, ch. 812, § 17 June 24, 1937, ch. 382 50 Stat. 317 Oct. 30, 1951, ch. 632, § 24 65 Stat. 690 section 231q of this titleSection 228q, , as added , pt. I, § 1, ; amended , , defined “employment” as used in this subchapter. See .
act Aug. 29, 1935, ch. 812, § 18 June 24, 1937, ch. 382 50 Stat. 318 section 231p of this titleSection 228r, , as added , pt. I, § 1, , related to free transportation. See .
act Aug. 29, 1935, ch. 812, § 19(a) June 24, 1937, ch. 382 Apr. 8, 1942, ch. 227, § 11 56 Stat. 207 Pub. L. 89–700, title I, § 10980 Stat. 1085 section 231k of this titleSection 228s, , (b), as added , pt. I, § 1, as added , , 208; amended , , , related to incompetence. See .
act June 24, 1937, ch. 382 Aug. 31, 1954, ch. 1164 68 Stat. 1040 Pub. L. 86–2873 Stat. 28 Pub. L. 86–211, § 8(c)73 Stat. 436 Pub. L. 89–700, title I, § 11080 Stat. 1085 section 231k of this titleSection 228s–1, , pt. I, § 20, as added , pt. I, § 15, ; amended , , pt. I, § 4, ; , , ; , , , related to waiver of annuities and pensions under this subchapter. See
act Aug. 29, 1935, ch. 812, § 21 Pub. L. 89–97, title I, § 105(a)(1)79 Stat. 335 Pub. L. 89–97, title I, § 111(b)(1)79 Stat. 340 Pub. L. 90–248, title I, § 129(c)(13)81 Stat. 849 section 231f of this titleSection 228s–2, , as added , , ; amended , , ; , , , related to hospital insurance benefits for the aged. See .
act Aug. 29, 1935, ch. 812, § 22 Pub. L. 92–603, title II, § 201(d)86 Stat. 1373 section 231f of this titleSection 228s–3, , as added , , , related to hospital insurance benefits for the disabled. See .
act Oct. 30, 1951, ch. 632, § 25(d) 65 Stat. 690 Section 228t, , , related to certain retirement or survivor annuities awarded prior to .
act Oct. 30, 1951, ch. 632, § 25(e) 65 Stat. 690 Section 228u, , , related to determination of entitlement to a survivor annuity.
act Oct. 30, 1951, ch. 632, § 25(f) 65 Stat. 691 Section 228v, , , related to law governing the awards of annuities.
act Oct. 30, 1951, ch. 632, § 25(g) 65 Stat. 691 Section 228w, , , related to increased pensions after .
act Oct. 30, 1951, ch. 632, § 25(h) 65 Stat. 691 Section 228x, , , related to increased annuities under subchapter II of this chapter.
act Oct. 30, 1951, ch. 632, § 25(i) 65 Stat. 691 Section 228y, , , related to certain reduced annuities.
act Aug. 7, 1956, ch. 1022, § 3 70 Stat. 1076 Section 228z, , , related to increased pensions and annuities awarded before and annuities under subchapter II of this chapter.
Pub. L. 86–2873 Stat. 28 Section 228z–1, , pt. I, § 5, , , related to additional increases in certain pensions and annuities.
Statutory Notes and Related Subsidiaries
Actuarial Soundness of the Railroad Retirement System
Pub. L. 93–69, title I, § 10787 Stat. 165 , , , authorized certain designated representatives of employees and representatives of carriers to submit to the Senate Committee on Labor and Public Welfare and the House Committee on Interstate and Foreign Commerce, no later than , a report containing their recommendations for restructuring the railroad retirement system to assure long-term actuarial soundness.
Adopted Child’s Reentitlement to Annuity
Pub. L. 93–58, § 4(b)87 Stat. 141 section 228e(c) of this title, , , provided that any child whose entitlement to an annuity under was terminated by reason of his or her adoption prior to , and who otherwise would have been entitled to an annuity under such section for a month after July, 1973, could become reentitled to his or her annuity by proper application.
Certain Persons Becoming Employers
Act July 31, 1946, ch. 709, § 409 60 Stat. 743 section 228f of this title, , provided that in the application of with respect to persons who were not employers before the enactment of act , the dates , and , were to be substituted for and , respectively.
Commission on Railroad Retirement
Pub. L. 91–377, § 784 Stat. 792 Pub. L. 92–46, § 785 Stat. 102 , , , as amended by , , , established a commission on railroad retirement, prescribed its composition, designated the rates of pay for its members, authorized a study of the retirement system and its financing, authorized appropriations for funding the expenses of the commission, and required that the commission submit a full report on its work no later than .
Congressional Declaration of 1974 Legislative Intent
Pub. L. 93–69, title I, § 10887 Stat. 165 , , , provided that the Congress declared its intent to enact legislation in 1974, effective not later than , which would assure the long-term actuarial soundness of the railroad retirement system.
Conversion of Special Obligations in Railroad Retirement Account on ; Interest Rate
Pub. L. 88–133, § 7(b)77 Stat. 220
Determination of Amounts of Social Security Benefits
Pub. L. 91–377, § 4(c)84 Stat. 792 Pub. L. 90–24881 Stat. 821 Pub. L. 91–377Pub. L. 91–172, title X83 Stat. 737 , , , provided that the amount by which a social security benefit computed under , , , known as the Social Security Amendments of 1967, for purposes of , was to be deemed to be an amount equal to 87 per cent of such benefit computed under , , , known as the Social Security Amendments of 1969, and the amount by which an individual’s social security benefit was increased by reason of the Social Security Amendments of 1969 was to be deemed to be 13 per cent of such individual’s social security benefit as computed under the Social Security Amendments of 1969.
Entitlement to Annuity or Pension Under Railroad Retirement Act of 1937 as Including Entitlement Under Railroad Retirement Act of 1935
Pub. L. 89–97, title I, § 105(a)(2)79 Stat. 335 section 105(a)(1) of Pub. L. 89–97, , , provided that for purposes of section 21 of the Railroad Retirement Act of 1937, section 21 of act , as added by , and for certain other purposes, entitlement to an annuity or pension under this subchapter was to be deemed to include entitlement under subchapter II of this chapter.
Hospital Insurance Benefits for the Aged
Act Aug. 29, 1935, ch. 812, § 21 Pub. L. 89–97, title I, § 105(a)(1)79 Stat. 335 , as added , , , required the Railroad Retirement Board to certify to the Secretary of Health, Education, and Welfare, in order to provide hospital insurance benefits for annuitants, pensioners, and certain other aged individuals for purposes of the Social Security program, the name of anyone aged 65 who was entitled to an annuity or pension under this subchapter, would have been so entitled had he ceased compensated service and had applied for such annuity, or bore a particular relationship to certain qualified employees, and specified such additional information as such certification was to include.
Increases in Certain Pensions and Annuities
Pub. L. 93–69, title I, § 10587 Stat. 164 section 228f of this titlesection 228c(a)(6) of this title, , , provided that if title II of the Social Security Act, section 401 et seq. of Title 42, The Public Health and Welfare, was amended to provide an increase in benefits at any time during the period to , the pension of each recipient under and the annuity of each recipient under this subchapter was to be increased by an amount computed under the method set forth in .
Pub. L. 92–460, § 286 Stat. 766 section 228f of this title , , provided for 20 per cent increases in pensions under , annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities.
Pub. L. 92–46, § 585 Stat. 101 section 228f of this title, , , provided for 10 per cent increases in pensions under , annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities.
Pub. L. 91–377, § 4(b)(1)84 Stat. 792 section 228f of this title, , , provided for 15 per cent increases in pensions under , annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities, provided that there would be a reduction in the amount of the increase where the recipient was also a recipient of certain social security benefits.
Pub. L. 90–257, § 10782 Stat. 22 section 228f of this title, , , provided for certain increases in pensions under , annuities under subchapter II of this chapter, survivor annuities and widows’ and widowers’ insurance annuities, provided that there would be a reduction in the amount of the increase where the recipient was also a recipient of certain social security benefits.
Pub. L. 89–699, § 201(g)80 Stat. 1077 section 228f of this title, , , provided for 7 per cent increases in pensions under , annuities under subchapter II of this chapter, certain survivor annuities, and certain widows’ and widowers’ insurance annuities, provided that there would be a reduction in the amount of the increase where the recipient was also a recipient of certain social security benefits.
Permanency of Increases in Certain Pensions and Annuities
Pub. L. 92–460, § 686 Stat. 767 section 2 of Pub. L. 92–460section 5 of Pub. L. 92–46section 4(b)(1) of Pub. L. 91–377, , , provided that it was the policy of Congress that the 20 per cent increase in pension and annuity benefits provided by , as well as the 10 per cent and 15 per cent increases provided by and , respectively, could become permanent only if measures were taken to assure that the Railroad Retirement Account would remain solvent, and required representatives of employees, retirees, and carriers to submit to Congress reports containing their recommendations for such solvency measures no later than , and required the Railroad Retirement Board to submit its solvency recommendations to Congress no later than .
Presumption of Higher Increases in Annuities
Pub. L. 90–257, § 108(b)82 Stat. 23 Pub. L. 90–24881 Stat. 821 section 228c(e) of this titlePub. L. 90–257section 228c(e) of this title, , , provided that in cases where an annuity was payable in the month before the month with respect to which increases in benefits under title II of the Social Security Act, sections 401 et seq. of Title 42, The Public Health and Welfare, provided for by , , , known as the Social Security Amendments of 1967, became effective in an amount determined under this subchapter, other than under the first proviso of , the provisions of were to be presumed to provide a higher amount of increase in annuity than the provisions of the Social Security Amendments of 1967 would provide under the first proviso of .
Railroad Retirement and Old-Age, Survivors, and Disability Insurance System
Pub. L. 89–97, § 105(c)79 Stat. 336 section 326 of Pub. L. 89–97, , , provided that amendments preserving the relationship between the railroad retirement and old-age, survivors, and disability insurance systems were contained in , which amended sections 228 and 228e of this title.
Transfer of Funds for Payment of Supplemental Annuities
Pub. L. 91–215, § 684 Stat. 71 section 228c(j) of this title, , , authorized the Railroad Retirement Board to request the Secretary of the Treasury to transfer from the Railroad Retirement Account to the Railroad Retirement Supplemental Account such funds as were necessary to meet the payment of the supplemental annuities pursuant to , as well as the administrative expenses necessarily involved for the six months following , and required the Board to request the return of an equal amount plus interest to the Railroad Retirement Account from the Supplemental Account within one year from .
Pub. L. 89–699, § 3(b)80 Stat. 1075 section 228c(j) of this title, , , authorized the Railroad Retirement Board to request the Secretary of the Treasury to transfer from the Railroad Retirement Account to the Railroad Retirement Supplemental Account such funds as were necessary to meet the payment of the supplemental annuities pursuant to , as well as the administrative expenses necessarily involved for the six months following , and required the Board to request the return of an equal amount plus interest to the Railroad Retirement Account from the Supplemental Account within one year from .