service, other than as such a delegate, which may be included in his "years of service."

CODIFICATION

The opening line and subsec. (h) are set out in this supplement to correct translations appearing therein.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 3231.

§ 228b. Eligibility for annuities; time of accrual; spouse's annuity.

(a) The following-described individuals, if they shall have been employees on or after the enactment date, and shall have completed ten years of service, shall, subject to the conditions set forth in subsections (b)-(d) of this section, be eligible for annuities after they shall have ceased to render compensated service to any person, whether or not an employer as defined in section 228a (a) of this title (but with the right to engage in other employment to the extent not prohibited by subsection (d) of this section):

2. Individuals who will have attained the age of sixty and will have completed thirty years of service.

3. Individuals who will have attained the age of sixty-two and will have completed less than thirty years of service, but the annuity of such individuals shall be reduced by one one-hundred-and-eightieth for each calendar month that he or she is under age sixty-five when the annuity begins to accrue.

(e) The spouse of an individual, if—

(i) such individual has been awarded an annuity under subsection (a) of this section or a pension under section 228f of this title and has attained the age of 65, and

(ii) such spouse has attained the age of 65 or in the case of a wife, has in her care (individually or jointly with her husband) a child who meets the qualifications prescribed in section 228e (1) (1) of this title (without regard to the provisions of clause (ii) (B) thereof),

shall be entitled to a spouse's annuity equal to onehalf of such individual's annuity without regard to section 228c(a) (3), (4), (5), or (6) of this title or pension as in effect before 1970, but not more, with respect to any month, than 110 per centum of an amount equal to the maximum amount which could be paid to anyone, with respect to such month, as a wife's insurance benefit under section 402(b) of Title 42 as amended: Provided, however, That if the annuity of the individual is awarded under subdivision (3) of subsection (a) of this section, the spouse's annuity shall be computed or recomputed as though such individual had been awarded the annuity to which he would have been entitled under subdivision (1) of said subsection: Provided further, That, if the annuity of the individual is awarded pursuant to a joint and survivor election, the spouse's annuity shall be computed or recomputed as though such individual had not made a joint and survivor election: And provided further, That the spouse's annuity provided for herein and in subsection (h) of this section shall be computed without regard to the

reductions in the individual's annuity under the first two provisos in section 228c(a) (2) of this title.

The spouse's annuity computed under other provisions of this section shall (before any reduction on account of age) be increased by 15 per centum but not by more than $25. If the individual entitled to such annuity is also entitled to a benefit for the same month under title II of the Social Security Act, there shall be offset against the increase herein provided for any amount by which such individual's social security benefit was increased by the Social Security Amendments of 1969, but in no case shall such offset operate to reduce the increase below $5. The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased by 10 per centum. This paragraph shall be disregarded in the application of the preceding paragraph.

The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased by 20 per cenum. This paragraph shall be disregarded in the application of the preceding two paragraphs.

The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased in an amount determined by the method of computing increases set forth in subsection (a) (6) of section 228c of this title. The preceding sentence and the other provisions of this subsection shall not operate to increase the annuity of a spouse (before any reduction on account of age) to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection. This paragraph shall be disregarded in the application of the preceding three paragraphs.

(f) For the purposes of this subchapter, the term "spouse" shall mean the wife or husband of a retirement annuitant or pensioner who (i) was married to such annuitant or pensioner for a period of not less than one year immediately preceding the day on which the application for a spouse's annuity is filed or in the month prior to her or his marriage to such annuitant or pensioner was eligible for an annuity under subsection (a) or (d) of section 228e of this title or, on the basis of disability, under subsection (c) thereof, or is the parent of such annuitant's or pensioner's son or daughter, if, as of the day on which the application for a spouse's annuity is filed, such wife or husband and such annuitant or pensioner were members of the same household, or such wife or husband was receiving regular contributions from such annuitant or pensioner toward her or his support, or such annuitant or pensioner has been ordered by any court to contribute to the support of such wife or husband; and (ii) in the case of a husband, was receiving at least one-half of his support from his wife at the time his wife's retirement annuity or pension began.

(i) The spouse's annuity provided under subsections (e) and (h) of this section without regard to the last paragraph plus the three preceding paragraphs of such subsection (e) shall (before any reduction on account of age) be reduced in ac

cordance with the second proviso in section 228c (a) (2) of this title, except that, notwithstanding other provisions of this subsection, the spouse's annuity shall (before any reduction on account of age) not be less than one-half of the amount computed in section 228c(a)(1) of this title or in that part of section 228c (e) of this title preceding the first proviso, or of the pension increased by $5 or, if the spouse is entitled to benefits under title II of the Social Security Act, by the excess of $5 over 5.8 per centum of the lesser of (i) any benefit to which such spouse is entitled under title II of the Social Security Act, or (ii) the spouse's annuity to which such spouse would be entitled without regard to section 228c(a)(2) of this title and before any reduction on account of age, but in no case shall such an annuity (before any reduction on account of age) be more than the maximum amount of a spouse's annuity as provided in subsection (e) of this section.

(j) In cases where an annuity awarded under subsection (a) (3) or (h) of this section, or section 228e (a) of this title is increased either by a recomputation or a change in the law, the reduction for the increase in the annuity shall be determined separately and the period with respect to which the reduction applies shall be determined as if such increase were a separate annuity payable for and after the first month for which such increase is effective. (As amended July 2, 1971, Pub. L. 92-46, § 2, 85 Stat. 101; Oct. 4, 1972, Pub. L. 92-460, § 1(b), (c), 86 Stat. 765; July 10, 1973, Pub. L. 93-69, title I, §§ 101, 104(b), (c), 87 Stat. 162, 164.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-69, § 101, substituted "Individuals" for "Women" in par. 2 and "Individuals" for "Men who will have attained the age of sixty and will have completed thirty years of service, or individuals" and "annuity of such individuals" for "annuity of such men or individuals" in par. 3.

Subsec. (e). Pub. L. 93-69, § 104 (b), inserted in first par. a reference to section 228c(a) (6) of this title, struck from fourth par. second sentence reading "The preceding sentence and the other provisions of this subsection shall not operate to increase the spouse's annuity (before any reduction on account of age) to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection.", and added fifth par. respecting increase in spouse's annuity computed under section 228c(a) (6) of this title.

Subsec. (1). Pub. L. 93-69, § 104 (c), substituted "three" for "two" making text read "the last paragraph plus the three preceding paragraphs".

1972 Subsec. (e). Pub. L. 92-460, § 1(b), inserted in first paragraph a reference to section 228c (a) (5) of this title, struck from third paragraph second sentence reading "The preceding sentence and the next preceding paragraph shall not operate to increase the annuity to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection.", and added fourth paragraph respecting 20 per centum increase in the spouse's annuity computed under other provisions of this section (before any reduction on account of age), respectively.

Subsec. (1). Pub. L. 92-460, § 1(c), substituted "the last paragraph plus the two preceding paragraphs", for "the last two paragraphs".

1971-Subsec. (e). Pub. L. 92-46, § 2(a), substituted "section 228c((3) or (4) of this title" for "section 228c (a) (3) of this title"; inserted "(before any reduction on account of age)" following "shall" in paragraph increasing spouse's annuity by 15 per centum; struck out last sentence of such paragraph reading "The two preceding sentences shall not operate to increase the annuity to an amount in excess of the maximum amount of a spouse's

annuity as provided in the first sentence of this subsection."; and added paragraph increasing spouse's annuity by 10 per centum, respectively.

Subsec. (i). Pub. L. 92-46, § 2(b), substituted "last two paragraphs" for "last paragraph" and inserted "or in that part of section 228c (e) of this title preceding the first proviso, or of the pension," following "section 228c (a) (1) of this title", respectively.

Subsec. (1). Pub. L. 92-46, § 2(c), inserted reference to award of an annuity under section 228e (a) of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 109 (a) of Pub. L. 93-69 provided that: "The amendments made by section 101 of this Act [to subsec. (a) (2) and (3) of this section] shall become effective on July 1, 1974: Provided, however, That those amendments [to subsec. (a) (2) and (3) of this section] shall not apply to individuals whose annuities began to accrue prior to that date."

Amendment of subsecs. (e) and (1) of this section effective July 10, 1973, except that any increases in annuities or pensions resulting from such amendment shall be effective on the same date as the benefit increases under section 401 et seq. of Title 42 which gave rise to such annuity or pension increases are effective, see section 109 (c) of Pub. L. 93-69, set out as a note under section 228c of this title.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-460 effective with respect to annuities accruing for months after August, 1972 and with respect to pensions due in calendar months after September, 1972, see section 5(a) of Pub. L. 92-460, set out as a note under section 228c of this title.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-46 effective with respect to annuities accruing for months after December 1970 and with respect to pensions due in calendar months after January 1971, except that increases in benefits for months prior to July 1971 shall be payable only to an individual entitled to an annuity or pension for July 1971, or who becomes so entitled in later months, on basis of same earnings record, see section 8(a) of Pub. L. 92-46, set out as a note under section 228c of this title.

SHORT TITLE

Section 110 of Pub. L. 93-69 provided that: "This title [which enacted sections 228c (a) (6) and 228e (q) of this title, amended subsecs. (a)(2), (3), (e), and (i) of this section and sections 3201, 3202(a), 3211(a), and 3221(a), (b) of Title 26, and enacted provisions set out as notes under this section, sections 228c, 228f, and 2280 of this title, and section 3201 of Title 26] may be cited as the 'Railroad Retirement Amendments of 1973'."

TERMINATION DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-460 of subsecs. (e) and (i) of this section and enactment of provisions set out as a note under this section to cease to apply as of the close of December 31, 1974, and annuities accruing for months after December 31, 1974, and pensions due in calendar months after December 31, 1974, to be computed as if such amendment had not been made, see section 5(b) of Pub. L. 92-460, set out as a note under section 228c of this title.

TERMINATION DATE OF 1971 AMENDMENT Amendment of subsecs. (e) and (i) by section 2(a) (1), (3),(4), (b)(1) of Pub. L. 92-46 to cease to apply as of close of December 31, 1974, and computation of pensions due in calendar months after December 31, 1974, as if such amendment had not been made, see section 8(b) of Pub. L. 92-46, set out as a note under section 228c of this title.

TERMINATION DATE OF 1970 AMENDMENT Amendment of section by Pub. L. 91-377 to cease to apply as of the close of December 31, 1974, and annuities accruing for months after December 31, 1974, and pensions due in calendar months after December 31, 1974, to be computed as if such amendment had not been made, see section 6 of Pub. L. 91-377, as amended, set out as a note under section 228c of this title.

SEPARABILITY OF PROVISIONS

Section 301 of Pub. L. 93-69 provided that: "If any provision of this Act [enacting sections 228c (a) (6) and 228e (q) of this title and section 15a (4) of Title 49, amending subsecs. (a) (2), (3), (e), and (i) of this section and sections 3201, 3202(a), 3211 (a), and 3221(a), (b) of Title 26, and enacting provisions set out as notes under sections 228b, 228c, 228f, and 2280 of this title, section 3201 of Title 26, and section 15a of Title 49] or the application thereof to any person or circumstances should be held invalid, the remainder of such Act or the application of such provision to other persons or circumstances shall not be affected thereby."

RECERTIFICATIONS

All recertifications required by reason of the amendment made by section 104 of Pub. L. 93-69, enacting section 228e (q) of this title and amending subsecs. (e) and (1) of this section, to be made by the Railroad Retirement Board without application therefor, see section 106 of Pub. L. 93-69, set out as a note under section 228c of this title. Section 3 of Pub. L. 92-460 provided that: "All recertifications required by reason of the amendments made by this Act [enacting sections 228c (a) (5), (e) (VI-X), 228e (p) and amending sections 228b (e), (1) and 228c (e), (1) (1) of this title, and enacting provisions set out as notes under such sections 228b, 228c, and 228e] shall be made by the Railroad Retirement Board without application therefor."

Recertifications required by reason of amendments made by Pub. L. 92-46 to be made by Railroad Retirement Board without application therefor, see section 6 of Pub. L. 92-46, set out as a note under section 228c of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 228s-3 of this title.

§ 228c. Computation of annuities.

(a)

(4) The annuity computed under the preceding provisions of this subsection and that part of subsection (e) of this section which precedes the first proviso shall be increased by 10 per centum.

(5) The individual's annuity computed under the preceding provisions of this subsection and that part of subsection (e) of this section which precedes the first proviso shall be increased by 20 per centum.

(6) If Title II of the Social Security Act is amended to provide an increase in benefits payable thereunder at any time during the period July 1, 1973, through December 31, 1974, the individual's annuity computed under the preceding provisions of this subsection and that part of subsection (e) of this section which precedes the first proviso shall be increased in an amount equal to the difference between (i) the amount (before any reduction on account of age) which would be payable to such individual under the then current law if his or her annuity were computed under the first proviso of subsection (e) of this section, without regard to the words "plus 10 per centum of such amount" contained therein; and (ii) the amount (before any reduction on account of age) which would have been payable to such individual under the law as in effect prior to July 1, 1973, if his or her annuity had been computed under such first proviso of subsection (e) of this section, without regard to the words "plus 10 per centum of such total amount" contained therein (assuming for this purpose that the eligibility conditions and the

proportions of the primary insurance amounts payable under the then current Social Security Act had been in effect prior to July 1, 1973): Provided, however, That, in computing such amount, only the social security benefits which would have been payable to the individual whose annuity is being computed under this subchapter shall be taken into account: Provided further, That if an annuity accrues to an individual for a part of a month the added amount payable for such part of a month under this section shall be one-thirtieth of the added amount payable under this section for an entire month, multiplied by the number of days in such part of a month. If wages or compensation prior to 1951 are used in making any computation required by this paragraph, the Railroad Retirement Board shall have the authority to approximate the primary insurance amount to be utilized in making such computation. In making any computation required by this paragraph, any benefit to which an individual may be entitled under Title II of the Social Security Act shall be disregarded. For purposes of this paragraph, individuals entitled to an annuity under section 228b(a) (2) of this title shall be deemed to be age 65, and individuals entitled to an annuity under section 228b(a)(3) of this title who have not attained age 62 shall be deemed to be age 62. Individuals entitled to annuities under section 228b(a) (4) or 228b(a) (5) of this title whom no disability freeze has been granted shall be treated in the same manner for purposes of this paragraph as individuals entitled to annuities under section 228b(a) (4) or 228b(a) (5) of this title for whom a disability freeze has been granted. In the case of an individual who is entitled to an annuity under this subchapter but whose annuity is based on insufficient quarters of coverage to have a benefit computed, either actually or potentially, under the first proviso of subsection (e) of this section, the average monthly wage to be used in determining the amount to be added to the annuity of such individual shall be equal to the average monthly compensation or the average monthly earnings, whichever is applicable, used to enter the table in subsection (a) (2) of this section for purposes of computing other portions of such individual's annuity.

(b) The “years of service" of an individual shall be determined as follows:

(1) In the case of an individual who was an employee on the enactment date, the years of service shall include all his service subsequent to Dec. 31, 1936, and if the total number of such years is less than thirty, then the years of service shall also include his service prior to Jan. 1, 1937, but not so as to make his total years of service exceed thirty: Provided, however, That with respect to any such individual who rendered service to any employer subsequent to Dec. 31, 1936, and who on the enactment date was not an employee of an employer conducting the principal part of its business in the United States no greater proportion of his service rendered prior to Jan. 1,

1937, shall be included in his "years of service" than the proportion which his total compensation (without regard to any limitation on the amount of compensation otherwise provided in this subchapter) for service subsequent to Dec. 31, 1936, rendered anywhere to an employer conducting the principal part of its business in the United States or rendered in the United States to any other employer bears to his total compensation (including compensation in any month in excess of $300) for service rendered anywhere to an employer subsequent to Dec. 31, 1936.

(2) In all other cases, the years of service shall include only the service subsequent to Dec. 31, 1936.

(3) Where the years of service include only part of the service prior to Jan. 1, 1937, the part included shall be taken in reverse order beginning with the last calendar month of such service.

(e) In the case of an individual having a current connection with the railroad industry, the minimum annuity payable shall, before any reduction pursuant to section 228b(a)(3) of this title, be whichever of the following is the least: (1) $5.35 multiplied by the number of his years of service; or (2) $89.35; or (3) 118 per centum of his monthly compensation: Provided, however, That if for any month in which an annuity accrues and is payable under this subchapter the annuity to which an employee is entitled under this subchapter (or would have been entitled except for a reduction pursuant to section 228b(a)(3) of this title or a joint and survivor election), together with his or her spouse's annuity, if any, or the total of survivor annuities under this subchapter deriving from the same employee is less than the total amount, or the additional amount, plus 10 per centum of the total amount which would have been payable to all persons for such month under the Social Security Act if such employee's service as an employee after December 31, 1936, were included in the term "employment" as defined in that Act and quarters of coverage were determined in accordance with section 228e(l) (4) of this title, such annuity or annuities shall be increased proportionately to such total amount, or such additional amount, plus 10 per centum of such total amount: Provided, further, That if an annuity accrues to an individual for a part of a month, the amount payable for such part of a month under the preceding proviso shall be one-thirtieth of the amount payable under the proviso for an entire month, multiplied by the number of days in such part of a month.

For the purposes of the first proviso in the first paragraph of this subsection, (i) completely and partially insured individuals shall be deemed to be fully and currently insured, respectively; (ii) individuals entitled to insurance annuities under subsections (a) (1) and (d) of section 228e of this title shall be deemed to have attained age 62 (the provisions of this clause shall not apply to individuals who, though entitled to insurance annuities under section 228e(a) (1) of this title, were entitled to an annuity under section 228e(a) (2) of this title for the month

before the month in which they attained age 60); (iii) individuals entitled to insurance annuities under section 228e(a) (2) of this title shall be deemed to be entitled to insurance benefits under section 402(e) or (f) of Title 42 on the basis of disability; (iv) individuals entitled to insurance annuities under section 228e (c) of this title on the basis of disability shall be deemed to be entitled to insurance benefits under section 402(d) of Title 42 on the basis of disability; (v) women entitled to spouses' annuities pursuant to elections made under section 228b (h) of this title shall be deemed to be entitled to wives' insurance benefits determined under section 402 (q) of Title 42; (vi) individuals not entitled to an annuity under section 228b or 228e of this title shall not be included in the computation under such first proviso except a spouse who could qualify for an annuity under section 228b (e) or (h) of this title if the employee from whom the spouse's annuity under this subchapter would derive had attained age sixty-five, and such employee's children who meet the definition as such contained in section 416(e) of Title 42; (vii) after an annuity has been certified for payment and such first proviso was inapplicable after allowing for any waiting period under section 423(c) (2) of Title 42, and after having considered the inclusion of all persons who were then eligible for inclusion in the computation under such first proviso, or was then applicable but later became inapplicable, any recertification in such annuity under such first proviso shall not take into account individuals not entitled to an annuity under section 228b or 228e of this title except a spouse who could qualify for an annuity under section 228b(h) of this title when she attains age sixty-two if the employee from whom the spouse's annuity would derive had attained age sixty-five, and who was married to such employee at the time he applied for the employee annuity; (viii) in computing the amount to be paid under such first proviso, the only benefits under title II of the Social Security Act which shall be considered shall be those to which the individuals included in the computation are entitled; (ix) the average monthly wage for an employee during his lifetime shall include (A) only his wages and selfemployment income creditable under the Social Security Act through the later of December 31, 1971, or December 31 of the year preceding the year in which his annuity began to accrue, and (B) his compensation up to the date his annuity began to accrue; (x) in computing the average monthly wage in clause (ix) above, section 415(b) (2) (C) (ii) of Title 42 shall, solely for the purpose of including compensation up to the date the employee's annuity began to accrue, be deemed to read as follows: "the year succeeding the year in which he died or retired and, for the purposes of this subsection, any possible deductions under subsections (g) and (h) (2) of section 403 of Title 42 shall be disregarded; (xi) years of coverage as defined in section 415(a) of Title 42 for an employee who has been awarded an annuity under section 228b of this title shall be determined only on the basis under the Social Security Act through the later of December 31, 1971, or December 31 of the

Notwithstanding the provisions of section 402(q) of Title 42, the amount determined under the proviso in the first paragraph of this subsection for a widow or widower who is or has been entitled to an annuity under section 228e (a) (2) of this title, shall be equal to 90.75 per centum of the primary insurance amount (reduced in accordance with section 403(a) of Title 42) of the employee as determined under this subsection, and the amount so determined shall be reduced by three-tenths of 1 per centum for each month the annuity would be subject to a reduction under section 228e (a) (2) of this title (adjusted upon attainment of age 60 in the same manner as an annuity under section 228e (a) (1) of this title which, before attainment of age 60, had been payable under section 228e (a) (2) of this title); and the amount so determined shall be reduced by the amount of any benefit under title II of the Social Security Act to which she or he is entitled.

In cases where an annuity under this subchapter is not payable under the first proviso in the first paragraph of this subsection on January 2, 1968, the primary insurance amount used in determining the applicability of such proviso shall, except in cases where the employee died before 1939, be derived after deeming the individual on whose service and compensation the annuity is based (i) to have become entitled to social security benefits, or (ii) to have died without being entitled to such benefits, after January 2, 1968. For this purpose, the provision of section 415(b) (3) of Title 42 that the employee must have reached age 65 (62 in the case of a woman) after 1960 shall be disregarded and there shall be substituted for the nine-year period prescribed in section 415 (d) (1) (B) (i) of Title 42, the number of years elapsing after 1936 and up to the year of death if the employee died before 1946.

For the purposes of this subsection, the Board shall have the same authority to determine a "period of disability" within the meaning of section 416 (i) of Title 42, with respect to any employee who will have filed application therefor and (i) have completed ten years of service or (ii) have been awarded an annuity, as the Secretary of Health, Education, and Welfare would have to determine such a period under such section 416(i) of Title 42 if the employee met the requirements of clauses (A) and (B) of paragraph (3) of such section, considering for purposes of such determination that all his service as an employee after 1936 constitutes "employment" within the meaning of subchapter II of the Social Security Act and determining his quarters of coverage for such purposes by presuming his compensation in a calendar year to have been paid in equal proportions with respect to all months in which he

1 As enacted in section 1 of Pub. L. 93-58. Probably should read "section 202 (w) (2) (B) (ii) of the Social Security Act [classified to section 402 (w) (2) (B) (ii) of Title 42].

will have been in service as an employee in such calendar year: Provided, That an application for an annuity filed with the Board on the basis of disability shall be deemed to be an application to determine such a period of disability, and such an application filed with the Board on or before the date of the enactment of this paragarph shall, for purposes of this subsection and section 416 (i) (4) of Title 42, be deemed filed after December 1954 and before July 1958: Provided, further, That, notwithstanding any other provision of law, the Board shall have the authority to make such determination on the basis of the records in its possession or evidence otherwise obtained by it, and a determination by the Board with respect to any employee concerning such a "period of disability" shall be deemed a final decision of the Board determining the rights of persons under this subchapter for purposes of section 228k of this title. An application filed with the Board pursuant to this paragraph shall be deemed filed as of the same date also with the Secretary of Health, Education, and Welfare for the purpose of determining a "period of disability" under section 416(i) of Title 42.

(g) 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 him or to his spouse as such 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. Where an annuity would accrue for months under section 228b (a) of this title for such individual and under section 228b (e) of this title for such individual's spouse, had he been shown to be alive during such months, he shall be deemed, for the purposes of benefits under section 228e of this title, to have died in the month in which he disappeared and to have been completely insured: Provided, however, That if he is later determined to have been alive during any of such months, recovery of any benefits paid on the basis of his compensation under section 228e of this title for the months in which he 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 annuity as an application for a spouse's annuity), shall be made in accordance with the provisions of section 2281 of this title.

(i) If the amount of any annuity computed under this section (other than the proviso of subsection (e)), under section 228b of this title (other than a spouse's annuity payable in the maximum amount), and under section 228e of this title, does not, after any adjustment, end in a digit denoting 5 cents, it shall be raised so that it will end in such a digit. If the amount of any annuity under this subchapter (other than an annuity ending in a digit denoting 5 cents pursuant to the next preceding sentence) is not, after any adjustment, a multiple of $0.10, it shall be raised to the next higher multiple of $6.10.

(j) (1) An individual who is entitled to the payment of an annuity under section 228b of this title