Page:United States Statutes at Large Volume 50 Part 1.djvu/338

75T H CONGRESS, 1ST SESSION-CH . 382-JUNE 24, 1937 j and on the 1st day of each calendar month thereafter during his life, a pension at the same rate as the pension or gratuity granted to him by the employer without diminution by reason of a general reduction or readjustment made subsequent to December 31, 1930, and appli- cable to pensioners of the employer : Provided, however, That no pension payable tinder this section shall exceed $120 monthly : And prov ided fur ther , That no indiv idual on the pensi on or gratuit y roll of an employer not conducting the principal part of its business in the United States shall be paid a pension under this section unless, in the udgment of the Board, he was, on March 1, 1937, carried on the pension or gratuity roll as a United States pensioner . "(b) No individual covered by this section who was on July 1, 1937, eligib le for an an nuity under this Ac t or t he Rai lroad Retire - ment Act of 1935, based in whole or in part on service rendered prior to January 1, 1937, shall receive a pension payment under this section subsequent to the payment due on October 1, 1937, or due on the 1st day of the month in which the application for an annuity of such indivi dual h as bee n awar ded an d cert ified b y the Board, which ever o f the two dates is earlier . The annuity claims of such individuals who receive pension payments under this section shall be adjudicated in the same manner and with the same effect as if no pension payments had been made : Provided, however, That no such individual shall be entitled to receive both a pension under this section and an annuity tinder this Act or the Railroad Retirement Act of 1935, and in the event pension payments have been made to any such individual in any month in which such individual is entitled to an annuity under this Act or the Railroad Retirement Act of 1935, the difference between the amounts paid as pensions and the amounts due as annuities shall be adjusted in accordance with such rules and regulations as the Board may deem just and reasonable . "( c) The pension paid under this section shall not be considered to be in substitution for that part of the pension or gratuity from the employer which is in excess of a pension or gratuity at the rate of $120 a month . "Sec . 7. Nothing in this Act or the Railroad Retirement Act of 1935 shall be taken as restricting or discouraging payment by em- ployers to retired employees of pensions or gratuities in addition to the annuities or pensions paid to such employees under such Acts, nor shall such Acts be taken as terminating any trust heretofore created for the payment of such pensions or gratuities . " CONCLUSIVE-NESS OF 1 :1-'TURNS O COMPENSATION AND OF FAILURE TO MAKE RE TURN S OF CO MPEN SAT ION "SEC . 8 . Employers shall file with the Board, in such manner and form and at such times as the Board by rules and regulations may prescribe, returns under oath of monthly compensation of employees, and, if the Board shall so require, shall furnish employees with statements of their monthly compensation as reported to the Board . Any such return shall be conclusive as to the amount of compensa- tion earned by an employee during each month covered by the return, and the fact that no return was made of the compensation claimed to be earned by an employee during a particular calendar month shall be taken as conclusive that no compensation was earned by such employee during that month, unless the error in the amount of com- pensation returned in the one case, or the failure to make return of the co mpensa tion i n the other case, is call ed to the at tentio n of the Board within four years after the last date on which return of the compensation was required to be made . Provisos . Limitation . Where principal part of business is without United States . Persons eligib le for annuities not to be carried as pensioners . Adjudi cation . 313 Prori.,o . Double payments forbidden . Adjustment of dif- ferences . Additional pay- ments by employers . Conclusiveness of re- turns of compensation and of failure to make returns, etc .