45 U.S.C. § 231d | Annuity beginning and ending dates

(a)

section 231a of this title Annuities under

section 231a of this titleSubject to the limitations set forth below, an annuity under shall begin with the month in which eligibility therefor was otherwise acquired, but—

(i)

not earlier than the date specified in the application therefor;

(ii)

section 231a(a)(1) of this title section 231a(d)(1)(i) of this title in the case of an applicant otherwise entitled to an annuity under paragraph (iv) or (v) of or under on the basis of disability, not earlier than the later of (A) the first day of the sixth month following the onset date of the disability for which such annuity is awarded or (B) the first day of the twelfth month before the month in which the application therefor was filed;

(iii)

section 231a(c) of this title in the case of an applicant otherwise entitled to an annuity under section 231a(a)(1), 231a(c), or 231a(d) of this title where paragraph (ii) does not apply, not earlier than the latest of (A) the first day of the sixth month before the month in which the application therefor was filed, (B) the first day of the month in which the application therefor was filed if the effect of beginning such annuity in an earlier month would result in a greater age reduction in the annuity, unless beginning the annuity in the earlier month would enable an annuity under which is not subject to an age reduction to be payable in such earlier month, (C) in the case of an applicant otherwise entitled to an annuity under section 231a(a)(1) or 231a(c) of this title, the date following the last day of compensated service of the applicant, or (D) in the case of an applicant otherwise entitled to an annuity under section 231a(a)(1) or 231a(c) of this title, the first day of the first month throughout which the applicant meets the age requirement for the annuity applied for;

(iv)

42 U.S.C. 402(j)(1)1

1 So in original. The period probably should be a semicolon.

in the case of an applicant otherwise entitled to an annuity under section 231a(c)(4) or (d)(1)(v) of this title, not earlier than the month an annuity would begin to accrue to such individual under such section if section 202(j)(1) and section 202(j)(4) of the Social Security Act [, (4)] were applicable to this subchapter.

(v)

42 U.S.C. 401 section 231b(h)(4) of this title 2

2 So in original. Probably should be “therefor,”.

an annuity amount provided by section 231b(h)(1) or 231b(h)(2) of this title shall not be paid to an individual otherwise eligible therefor for any month before the month such individual would be entitled, upon filing an application therefor, to an old-age insurance benefit or a disability insurance benefit under title II of the Social Security Act [ et seq.] and an annuity amount provided by section 231b(h)(3) or shall not be paid to an individual otherwise eligible therefor for any month before the month such individual would be entitled, upon filing an application therefore, to an insurance benefit as a wife, husband, widow, or widower under title II of the Social Security Act;

(vi)

42 U.S.C. 401 an annuity amount provided by section 231c(e)(1) or 231c(e)(2) of this title shall not be paid to a spouse otherwise eligible therefor for any month prior to the month such spouse would be entitled, upon filing an application therefor, to an old-age or disability insurance benefit under title II of the Social Security Act [ et seq.]; and

(vii)

section 231c(e)(3) of this title 42 U.S.C. 401 an annuity amount provided by shall not be paid to a spouse otherwise eligible therefor for any month prior to the month such spouse would be entitled, upon filing an application therefor, to a wife’s or husband’s insurance benefit under title II of the Social Security Act [ et seq.].

42 U.S.C. 301For the purpose of determining annuity amounts provided under sections 231b(a), 231c(a), and 231c(f) of this title, the provisions with respect to the beginning dates of annuities set forth in this subsection shall be deemed to govern the beginning dates of monthly benefits provided under the Social Security Act [ et seq.].

(b)

Applications for payment

42 U.S.C. 402(a)42 U.S.C. 401 section 231a(a)(1) of this titlel42 U.S.C. 416lsection 231a(a)(1) of this titlelsection 231a(d)(1) of this title section 231a(d)(1) of this titleAn application for any payment under this subchapter shall be made and filed in such manner and form as the Board may prescribe. An application filed with the Board for an employee annuity, spouse annuity, or divorced spouse annuity on the basis of the employment record of an employee who will have completed less than ten years of service shall be deemed to be an application for any benefit to which such applicant may be entitled under this subchapter or section 202(a), section 202(b), or section 202(c) of the Social Security Act [, (b), (c)]. An application filed with the Board for an annuity on the basis of the employment record of an employee who will have completed ten years of service shall, unless the applicant specified otherwise, be deemed to be an application for any benefit to which such applicant may be entitled under this subchapter or title II of the Social Security Act [ et seq.]. An individual who was entitled to an annuity under paragraph (iv) or (v) of for the month preceding the month in which he attained retirement age (as defined in section 216() of the Social Security Act [()]), shall be deemed to have filed an application for an annuity under paragraph (i) of on the date on which he attained retirement age (as defined in section 216() of the Social Security Act), and a widow or widower who was entitled to an annuity under on the basis of disability for the month preceding the month in which she or he attained age 60, shall be deemed to have filed an application for an annuity under such on the basis of age on the date on which she or he attained age 60.

(c)

Individual’s entitlement

(1)

section 231a(a)(1) of this title section 231a(b) of this title An individual’s entitlement to an annuity under paragraph (i), (ii), or (iii) of or to a supplemental annuity under shall end with the month preceding the month in which he dies.

(2)

section 231a(a)(1) of this titlel42 U.S.C. 416l An individual’s entitlement to an annuity under paragraph (iv) or (v) of shall end on (A) the last day of the second month following the month in which he ceases to be disabled as provided for purposes of such paragraphs, (B) the last day of the month preceding the month in which he attains retirement age (as defined in section 216() of the Social Security Act [()]) or (C) the last day of the month preceding the month in which he dies, whichever first occurs.

(3)

section 231a(c) of this title section 231a(c)(1) of this title section 231a(c)(2) of this title section 231a(c)(1) of this title section 231a(c) of this title The entitlement of a spouse of an individual to an annuity under shall end on the last day of the month preceding the month in which (A) the spouse or the individual dies, (B) the spouse and the individual are absolutely divorced, or (C) in the case of a wife who does not satisfy the requirements of clause (ii)(A) or (ii)(B) of (other than a wife who is receiving such annuity by reason of an election under ), such wife no longer has in her care a child described in clause (ii)(C) of , whichever first occurs. The entitlement of the divorced wife of an individual to an annuity under shall end on the last day of the month preceding the month in which (A) the divorced wife or the individual dies or (B) the divorced wife remarries.

(4)

section 231a(d)(1) of this title The entitlement of a widow or widower of a deceased employee to an annuity under paragraph (i) of on the basis of age shall end on (A) the last day of the month preceding the month in which she or he dies or (B) the last day of the month preceding the month in which she or he remarries after the employee’s death, whichever first occurs.

(5)

section 231a(d)(1) of this title The entitlement of a widow or widower of a deceased employee to an annuity under paragraph (i) of on the basis of disability shall end on (A) the last day of the month preceding the month in which she or he dies, (B) the last day of the month preceding the month in which she or he remarries after the employee’s death, (C) the last day of the second month following the month in which she or he ceases to be disabled as provided for purposes of such paragraph, or (D) the last day of the month preceding the month in which she or he attains age 60, whichever first occurs.

(6)

section 231a(d)(1) of this title The entitlement of a widow of a deceased employee to an annuity under paragraph (ii) of shall end on (A) the last day of the month preceding the month in which she dies, (B) the last day of the month preceding the month in which she remarries after the employee’s death, or (C) the last day of the month preceding the month in which she no longer has in her care a child described in clause (B) of such paragraph (ii) whichever first occurs.

(7)

section 231a(d)(1) of this title section 231a(d)(1) of this title section 231a(d)(1) of this title The entitlement of a child of a deceased employee to an annuity under paragraph (iii) of shall end on (A) the last day of the month preceding the month in which he or she dies, (B) the last day of the month preceding the month in which he or she marries, (C) the last day of the month preceding the month in which he or she attains age 18 and does not meet the qualifications set forth in clause (B) or (C) of such paragraph (iii), (D) the last day of the month preceding (i) the month during no part of which he or she is a full-time elementary or secondary school student or (ii) the month in which he or she attains age 19, and does not meet the qualifications set forth in clause (A) or (C) of such paragraph (iii), or (E) the last day of the second month following the month in which he or she ceases to be disabled for purposes of such paragraph (iii) and does not meet the qualifications set forth in clause (A) or (B) of such paragraph (iii), whichever first occurs. A child whose entitlement to an annuity under paragraph (iii) of terminated by reason of clause (E) of this subdivision because he or she ceased to be disabled and who again becomes disabled as provided in clause (C) of such paragraph (iii), may become reentitled to an annuity on the basis of such disability upon his or her application for such reentitlement. A child whose entitlement to an annuity under paragraph (iii) of terminated with the month preceding the month in which he or she attained age 18, or with a subsequent month, may again become entitled to such an annuity (providing no event to disqualify the child has occurred) beginning with the first month thereafter in which he or she meets the qualifications set forth in clause (B) or (C) of such paragraph (iii), if he or she has filed an application for such reentitlement.

(8)

section 231a(d)(1) of this title The entitlement of a parent of a deceased employee to an annuity under paragraph (iv) of shall end on the last day of the month preceding the month in which (A) such parent dies or (B) such parent remarries after the employee’s death, whichever first occurs.

(9)

No annuity shall accrue with respect to the calendar month in which an annuitant dies. In cases where an individual entitled to an annuity under this subchapter disappears, no annuity shall accrue to that individual with respect to any month until and unless such individual is shown, by evidence satisfactory to the Board, to have continued in life throughout such month, but—

(A)

section 231a(a)(1) of this title section 231a(c) of this title section 231a(d) of this title section 231a(a)(1) of this title section 231a(c) of this title section 231a(c) of this title where an annuity would accrue for such month under to an individual who had a current connection with the railroad industry at the time of such individual’s disappearance, and under to such individual’s spouse, had such individual been shown to be alive during such month, such individual shall be deemed, for the purposes of benefits under , to have died in the month in which such individual disappeared, and where an annuity would accrue for such month under to an individual who did not have a current connection with the railroad industry at the time of such individual’s disappearance, and under to such individual’s spouse, had such individual been shown to be alive during such month, such individual shall be deemed, for purposes of benefits payable under , to be alive during such month unless the death of such individual has been established or the annuity of the spouse of such individual is otherwise terminated under subsection (c)(3) of this section, and

(B)

section 231a(d) of this titlel if such individual is later determined to have been alive during any of such months, recovery of any benefits paid on the basis of such individual’s compensation under for the months in which such individual was not known to be alive, minus the total of the amounts that would have been paid as a spouse’s annuity during such months (treating the application for a widow’s or widower’s annuity as an application for spouse’s annuity), shall be made in accordance with section 231 of this title.

For purposes of the payment of benefits under this subchapter, the death of an individual shall be presumed based on such individual’s unexplained absence of not less than seven years, except that whenever the death of an individual is so established, such individual shall be deemed to have died in the month in which such individual disappeared.

Aug. 29, 1935, ch. 812, § 5 June 24, 1937, ch. 382 50 Stat. 307 Pub. L. 93–445, title I, § 101Oct. 16, 197488 Stat. 1332 Pub. L. 97–35, title XI, § 1120Aug. 13, 198195 Stat. 636 Pub. L. 98–76, title IAug. 12, 198397 Stat. 415 Pub. L. 107–90, title I, § 103(f)Dec. 21, 2001115 Stat. 881 Pub. L. 109–280, title X, § 1003(a)Aug. 17, 2006120 Stat. 1053 Pub. L. 110–458, title I, § 110(a)(2)Dec. 23, 2008122 Stat. 5112(, as restated , pt. I, , as restated , , ; amended , , ; , §§ 103(a), 104(c), 106(i), (j), , , 416, 418; , , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsecs. (a) and (b), is , , which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 110–458 section 231b(b) of this title2008—Subsec. (d). , which directed repeal of subsec. (d) of section 5 of the Railroad Retirement Act, was executed by striking out subsec. (d) of this section, which is section 5 of the Railroad Retirement Act of 1974, to reflect the probable intent of Congress. Text read as follows: “Notwithstanding any other provision of law, the payment of any portion of an annuity computed under to a surviving former spouse in accordance with a court decree of divorce, annulment, or legal separation or the terms of any court-approved property settlement incident to any such court decree shall not be terminated upon the death of the individual who performed the service with respect to which such annuity is so computed unless such termination is otherwise required by the terms of such court decree.”

Pub. L. 109–2802006—Subsec. (d). added subsec. (d).

Pub. L. 107–902001—Subsec. (b). inserted second and third sentences and struck out former second sentence which read as follows: “An application filed with the Board for an annuity under this subchapter shall, unless the applicant specifies otherwise, be deemed to be an application for any benefit to which such applicant may be entitled under this subchapter or title II of the Social Security Act.”

Pub. L. 98–76, § 103(a)(1)1983—Subsec. (a). , substituted “Subject to the limitations set forth below, an annuity” for “An annuity” in provisions preceding cl. (i).

Pub. L. 98–76, § 103(a)(3), inserted provision following cl. (vii) that for purpose of determining annuity amounts provided under sections 231b(a), 231c(a), and 231c(f) of this title, provisions with respect to beginning dates of annuities set forth in this subsection shall be deemed to govern beginning dates of monthly benefits provided under Social Security Act.

Pub. L. 98–76, § 103(a)(2)section 231a(a)(1) of this title section 231a(d)(1)(i) of this titleSubsec. (a)(ii). , amended cl. (ii) generally, substituting “in the case of an applicant otherwise entitled to an annuity under paragraph (iv) or (v) of or under on the basis of disability, not earlier than the later of (A) the first day of the sixth month following the onset date of the disability for which such annuity is awarded or (B) the first day of the twelfth month before the month in which the application therefor was filed” for “not earlier than the first day of the twelfth month before the month in which the application therefor was filed”.

Pub. L. 98–76, § 103(a)(2)Subsec. (a)(iii). , amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “in the case of an applicant otherwise eligible for an annuity under section 231a(a)(1) or 231a(c) of this title not earlier than the date following the last day of compensated service of the applicant; and”.

Pub. L. 98–76, § 106(i)lSubsec. (b). , substituted “retirement age (as defined in section 216() of the Social Security Act)” for “the age of 65” and “age 65”.

Pub. L. 98–76, § 106(j)lSubsec. (c)(2). , substituted “retirement age (as defined in section 216() of the Social Security Act)” for “age 65”.

Pub. L. 98–76, § 104(c)(1)Subsec. (c)(7)(D)(i). , substituted “full-time elementary or secondary school student” for “full-time student”.

Pub. L. 98–76, § 104(c)(2)Subsec. (c)(7)(D)(ii). , substituted “19” for “22”.

Pub. L. 97–35, § 1120(a)1981—Subsec. (a)(iv) to (vii). , added pars. (iv) to (vii).

Pub. L. 97–35, § 1120(b)Subsec. (b). , substituted “title II of the Social Security Act” for “the Social Security Act”.

Pub. L. 97–35, § 1120(c)Subsec. (c)(3). , inserted provision that entitlement of the divorced wife of an individual to an annuity under section 231a(c) shall end on the last day of the month preceding the month in which (A) the divorced wife or the individual dies or (B) the divorced wife remarries.

Pub. L. 97–35, § 1120(d)Subsec. (c)(9). , added subdiv. (9).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–458, title I, § 110(b)(2)Dec. 23, 2008122 Stat. 5112

Dec. 23, 2008“The amendment made by subsection (a)(2) [amending this section] shall take effect upon the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 2006 Amendment

Pub. L. 109–280, title X, § 1003(b)Aug. 17, 2006120 Stat. 1053

Aug. 17, 2006“The amendment made by this section [amending this section] shall take effect 1 year after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 2001 Amendment

Pub. L. 107–90Jan. 1, 2002section 103(j) of Pub. L. 107–90 section 405 of Title 42Amendment by effective , see , set out as a note under , The Public Health and Welfare.

Effective Date of 1983 Amendment

Pub. L. 98–76, title I, § 103(b)Aug. 12, 198397 Stat. 416

Aug. 12, 1983“The amendments made by this section [amending this section] shall become effective on the first day of the first month beginning after the date of the enactment of this Act [], and shall apply only with respect to annuities awarded on the basis of applications filed on or after that day.”

, , , provided that:

section 104(c) of Pub. L. 98–76 section 104(d) of Pub. L. 98–76 section 231a of this titleAmendment by effective with respect to annuities accruing for months after Aug. 1983, with certain exceptions, see , set out as a note under .

Pub. L. 98–76Aug. 12, 1983section 106(k) of Pub. L. 98–76 section 231a of this titleAmendment by section 106(i), (j) of effective , except such amendment inapplicable to certain annuity amounts, see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–35Jan. 1, 1975section 1120(b) of Pub. L. 97–35Oct. 1, 1981section 1120 of Pub. L. 97–35Oct. 1, 1981Oct. 1, 1981section 1129 of Pub. L. 97–35 section 231 of this titleAmendment by section 1120(a), (d) of effective , amendment by effective , and amendment by other provisions of effective , and applicable only with respect to annuities awarded on or after , see , set out as a note under .