45 U.S.C. § 231s — Separability

Page 96 TITLE 45—RAILROADS § 231s (2) No annuity shall be payable to a person by reason of subsection (a) or (b) of this sec- tion unless the individual upon whose com- pensation and years of service such annuity would be based will have (A) completed ten years of service (or five or more years of serv- ice, all of which accrues after December 31, 1995), and (B) in the case of a survivor, had a current connection with the railroad industry at the time of his death. (3) If the Social Security Act [42 U.S.C. 301 et seq.] is amended after December 31, 1974, to re- move any, or all, restriction on the receipt of more than one monthly insurance benefit thereunder, annuity amounts provided a per- son under section 231b(h), 231c(e), or 231c(h) of this title, or under section 204(a)(3), 204(a)(4), 206(3), or 207(3) of title II of this Act, shall be reduced (but not below zero) by the amount of any annuity provided such person under this subchapter by reason of such amendment. (4) If and to the extent that an annuity or other benefit payable to a person by reason of the provisions of subsection (a), (b), or (c) of this section duplicates an annuity or other benefit then payable to such person under other provisions of this subchapter, such annu- ity or other benefit then payable under other provisions of this subchapter shall be reduced (but not below zero) by the amount of the an- nuity or other benefit payable by reason of subsection (a), (b), or (c). (Aug. 29, 1935, ch. 812, § 19, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1350; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 107–90, title I, § 103(h), Dec. 21, 2001, 115 Stat. 881.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (a), (b), (c), and (d)(1), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Ti- tles II and XVIII of the Social Security Act are classi- fied generally to subchapters II (§ 401 et seq.) and XVIII (§ 1395 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see sec- tion 1305 of Title 42 and Tables. Sections 204(a)(3), 204(a)(4), 206(3), 207(3) of title II of this Act, referred to in subsec. (d)(3), are sections 204(a)(3), 204(a)(4), 206(3), 207(3) of title II of Pub. L. 93–445 and are set out as part of a Transitional Provi- sions note under section 231 of this title. AMENDMENTS 2001—Subsec. (c). Pub. L. 107–90, § 103(h)(1), inserted ‘‘(or five or more years of service, all of which accrues after December 31, 1995)’’ after ‘‘ten years of service’’. Subsec. (d)(2). Pub. L. 107–90, § 103(h)(2), inserted ‘‘(or five or more years of service, all of which accrues after December 31, 1995)’’ after ‘‘ten years of service’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (c) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–90 effective Jan. 1, 2002, see section 103(j) of Pub. L. 107–90, set out as a note under section 405 of Title 42, The Public Health and Welfare. § 231s. Separability If any provision of this subchapter, or the ap- plication thereof to any person or circumstance, should be held invalid, the remainder of such subchapter, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Aug. 29, 1935, ch. 812, § 20, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1351.) § 231t. Short title This subchapter may be cited as the ‘‘Railroad Retirement Act of 1974’’. (Aug. 29, 1935, ch. 812, § 21, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1351.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2007 AMENDMENT Pub. L. 109–478, § 1, Jan. 12, 2007, 120 Stat. 3573, pro- vided that: ‘‘This Act [amending section 231a of this title and enacting provisions set out as a note under section 231a of this title] may be cited as the ‘Railroad Retirement Disability Earnings Act’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–305, § 1, Oct. 6, 2006, 120 Stat. 1719, provided that: ‘‘This Act [amending section 231f of this title] may be cited as the ‘Railroad Retirement Technical Improvement Act of 2006’.’’ SHORT TITLE OF 2001 AMENDMENT Pub. L. 107–90, § 1(a), Dec. 21, 2001, 115 Stat. 878, pro- vided that: ‘‘This Act [enacting section 231v of this title and subchapter E of chapter 22 of Title 26, Internal Revenue Code, amending sections 231a to 231f, 231n, 231n–1, 231q, 231r, and 231u of this title, sections 24, 72, 501, 3201, 3211, 3221, and 3231 of Title 26, and section 405 of Title 42, The Public Health and Welfare, and enact- ing provisions set out as notes under sections 231b, 231c, and 231n of this title, sections 24 and 3211 of Title 26, and section 405 of Title 42] may be cited as the ‘Rail- road Retirement and Survivors’ Improvement Act of 2001’.’’ SHORT TITLE OF 1983 AMENDMENT Pub. L. 98–76, § 1, Aug. 12, 1983, 97 Stat. 411, provided: ‘‘That this Act [enacting sections 231f–1, 231n–1 and 231v of this title and sections 3321 to 3323 and 6050G of Title 26, Internal Revenue Code, amending sections 231 to 231f, 231m, 231n, 231u, 351 to 354, 358, and 360 of this title, sections 72, 86, 105, 3201, 3202, 3211, 3221, 3231, 6157, 6201, 6317, 6513, and 6601 of Title 26, and section 430 of Title 42, The Public Health and Welfare, and enacting provi- sions set out as notes under sections 231 to 231d, 231f, 231m, 231n, 231n–1, 351, 352, and 362 of this title and sec- tions 1, 72, 105, 3201, 3321, and 6302 of Title 26] may be cited as the ‘Railroad Retirement Solvency Act of 1983’.’’ § 231u. Benefit preservation (a)(1) On or before May 1 of each year begin- ning in 1984, the Railroad Retirement Board shall prepare a five-year projection of antici- pated revenues to and payments from the Rail-