Page:United States Statutes at Large Volume 60 Part 1.djvu/769

This page needs to be proofread.


742 PUBLIC LAWS--CH. 709-JULY 31,1946 Ane, pp . 735-73. SEC. 403. Sections 301, 302, 303, 304, 305 (except for the revision of the table which shall be effective on the date of enactment of this Act), 307, 308, 309, and 310 shall become effective on July 1, 1947. Prior rights, etc. SEC. 404. Except as hereinafter provided the rights of persons to whom pensions or annuities were awarded before the date of approval of this Act shall continue to be governed by the provisions Cprediting os of se f law applicable thereto prior to the approval of this Act. In the prior to 1937. oftlawA.p award of annuities or increases in annuities after the date of approval of this Act on applications on which no award or a partial award has been made prior to said date, service prior to 1937 (and the compensation therefor) shall be credited only if such service is Ante, p . creditable under the amendments made by section 201. No annuity or increase in annuity so awarded crediting such service shall begin to accrue prior to the date of approval of this Act. jointod rtivor an-f SEC. 405. The election of a joint and survivor annuity made before nuity. the date of approval of this Act by an individual to whom an annuity accrues before January 1, 1947, shall be given effect as though the provisions of law under which the election was made had continued to be operative unless no annuity was awarded to such individual prior to the date of approval of this Act and, within one year after the approval of this Act, he revokes the election in such form and manner as the Board may prescribe. Such election by an individual to whom no annuity accrues before January 1, 1947, shall also be given such effect if the individual, before January 1, 1948, reaffirms the election in such form and manner as the Board may prescribe. 3149Stat. 97; 50 Stat. SEC. 406. Payments upon death as provided in sections 5 of the 45U. s. . § 215- Railroad Retirement Acts of 1935 and 1937 other than survivor v, 228 nte. annuities pursuant to an election, shall be made only with respect to Ante, p. 'M. deaths occurring before January 1,1947. under applicable SEC. 407. An individual to whom an annuity accrued prior to amendment. January 1, 1947, and who would as of the date of initial accrual have been entitled to an annuity in a greater amount by reason of the Ante, p. 725 etue. amendments made by section 201, 202, 205, or 210 had such amend- ments been in effect at the date of initial accrual (or, in the case of a survivor annuity, at the date of initial accrual of the annuity from which it derives), shall, without further application therefor other than a statement of any service claimed under section 202, be awarded an annuity in such greater amount beginning as of the date the applicable amendment shall have become operative: Provided,however, ervice prior to 1937. That, in such award service before 1937 (and the compensation there- for) shall not be credited if such service would not be creditable upon application of all the amendments made by this Act. In determina- tions made pursuant to this section any individual to whom an annuity based on not less than five years of service accrues before January 1, 1947, shall be deemed to have a "current connection with the railroad Joint and survivor industry". If an annuity increased pursuant to this section is a joint and survivor annuity, the increase shall be in the same form, the actuarial value being computed as of the date the increase begins, unless on that date there is no spouse living for whom the election was made, in which case the increase shall be awarded on a single life basis. If the increase herein provided effects a survivor annuity only, the increase shall be so determined as to bear the same ratio to the sur- vivor annuity, as the increase in the basic annuity would bear to such basic annuity, if the employee annuitant were living and had made nojoint and survivor election. Aby itytemiated SE. 408. No annuities accruing after the month in which this Act disability. is approved shall be reduced under section 2 (a) 3 of the Railroad Ate, p. r 2 . Retirement Act of 1937 to compensate for an annuity terminated by recovery from disability. [60 STAT.