Page:United States Statutes at Large Volume 60 Part 1.djvu/755

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PUBLIC LAWS-CH. 709-JULY 31, 1946 or 5 and of the continuance of such disability (according to the standards applied in the establishment of such disability) until the employee attains the age of sixty-five. If the individual fails to com- ply with the requirements prescribed by the Board as to proof of the continuance of the disability until he attains the age of sixty-five years, his right to an annuity by reason of such disability shall, except for good cause shown to the Board, cease, but without prejudice to his Employeeodno rights to any subsequent annuity to which he may be entitled. If before attaining the age of sixty-five an employee in receipt of an annuity under paragraph 4 or 5 is found by the Board to be no longer disabled as provided in said paragraphs his annuity shall cease upon the last day of the month in which he ceases to be so disabled. An employee, m receipt of such annuity, who earns more than $75 in service for hire, or in self-employment, in each of any six consecutive calendar months, shall be deemed to cease to be so disabled in the last of such six months; and such employee shall report to the Board tnaleting of addi- immediately all such service for hire, or such self-employment. If after cessation of his disability annuity the employee will have acquired additional years of service, such additional years of service may be credited to him with the same effect as if no annuity had previously been awarded to him." 50Stat 1sb(). SEC. 206. Section 2 (b) is amended by substituting for "2 (b)" and "3" the numbers "4" and "5", respectively. 45tat..11 22 (4) SE. 207. Section 3 (b) (4) is amended by substituting for the portion of the sentence following "June 30, 1937" the following: and after the end of the calendar year in which the individual attains the age of sixty-five". 50 Stat. 311 . SEC. 208. Section 3 (c) is amended by substituting the phrase 45U. S .C. §228c (c). iy Infra. paid to an employee with respect to" for the phrase "earned by an employee in . Certain station em- SEC. 209. Section 3 (c) is further amended by substituting for that portion of the subsection following the phrase "and (2)" the follow- Monthly compen- ing: "the amount of compensation paid or attributable as paid to ationhim with respect to each month of service before September 1941 as a station employee whose duties consisted of or included the carrying of passengers' hand baggage and otherwise assisting pas- sengers at passenger stations and whose remuneration for service to the employer was, in whole or in substantial part, in the forms of tips, shall be the monthly average of the compensation paid to him as a station employee in his months of service in the period September 1940-August 1941: Provided, however, That where service in the period 1924-1931 in the one case, or in the period September 1940-August 1941 in the other case, is, in the judgment of the Board, insufficient to constitute a fair and equitable basis for determining the amount of compensation paid or attributable as paid to him in each month of service before 1937, or September 1941, respectively, the Board shall determine the amount of such compensation for each such month in such manner as in its judgment shall be fair and equitable. In computing the monthly compensation, no art of any month's compensation in excess of $300 shall be recognized." 45 taU. 3 .228 (e) SEC. 210. Section 3 (e) is amended to read as follows: Minimum annuity. "(e) In the case of an individual having a current connection with the railroad industry and not less than five years of service, the mini- mum annuity payable shall, before any reduction pursuant to sub- Ase, p.m. section 2 (a) (3), be whichever of the following is the least: (1) $3 multiplied by the number of his years of service; or (2) $50; or (3) his monthly compensation." 728 [60 STAT.