section 228b (e) or (h) of this title to be entitled to benefits under subsection (b) or (c) of section 402 of Title 42 and individuals entitled to an annuity under subsection (a) or (b) of this section to be entitled to a benefit under subsection (e), (f), or (g) of section 402 of Title 42. In determining for purposes of this section and subsection (f) of section 228c of this title whether an applicant is the grandchild, brother, or sister of an employee as claimed, the rules set forth in section 416 (h) (1) of Title 42, as in effect prior to 1957, shall be applied the same as if such persons were included in such section 416(h) (1). Such satisfactory proof shall be made from time to time, as prescribed by the Board, of the disability provided in clause (ii) of this paragraph and of the continuance, in accordance with regulations prescribed by the Board, of such disability. If the individual fails to comply with the requirements prescribed by the Board as to the proof of the continuance of the disability his right to an annuity shall, except for good cause shown to the Board, cease. A child whose entitlement to an annuity under subsection (c) of this section was terminated because he ceased to be disabled as provided in clause (ii) of this paragraph and who becomes again disabled as provided in such clause (ii), may become reentitled to an annuity on the basis of such disability upon his application for such reentitlement. Where a woman has qualified for an annuity under this section as a widow, and marries another employee who dies within one year after the marriage, she shall not be disqualified for annuity under this section as the widow of the second employee by reason of not having been married to the employee for one year. The provisions of paragraph (7) of section 402 (d) of Title 42 (defining the terms "fulltime student" and "educational institution") shall be applied by the Board in the administration of this section as if the references therein to the Secretary were references to the Board. For purposes of the last sentence of subsection (j) of this section, a child entitled to a child's insurance annuity only on the basis of being a full-time student described in clause (ii) (B) of this paragraph shall cease to be qualified therefor in the first month during no part of which he is a full-time student, or the month in which he attains age 22, whichever first occurs. A child whose entitlement to a child's insurance annuity, on the basis of the compensation of an insured individual, terminated with the month preceding the month in which such child attained age eighteen, or with a subsequent month, may again become entitled to such an annuity (providing no event to disqualify the child has occurred) beginning with the first month thereafter in which he is a fulltime student and has not attained the age of twentytwo, if he has filed an application for such reenlistment.

A child who attains age twenty-two at a time when he is a full-time student (as defined in subparagraph (A) of paragraph 7 of section 402 (d) of Title 42 and without the application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a degree from a four-year college or university shall be deemed (for purposes of determining whether his

entitlement to an annuity under this section has terminated under subsection (j) of this section and for purposes of determining his initial entitlement to such an annuity) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).

(0) Increase in annuities.

The annuity computed under the preceding provisions of this section shall be increased by 10 per centum.

(p) Increase in annuities.

A survivor's annuity computed under the preceding provisions of this section (except an annuity in the amount determined under the proviso in subsection (a) or (b) of this section) shall (before any reduction on account of age) be increased by 20 per centum.

(q) Increase in annuities.

A survivor's annuity computed under the preceding provisions of this section shall be increased in an amount determined by the method of computing increases set forth in subsection (a) (6) of section 228c of this title: Provided, however, That in computing such an amount for an individual entitled to an annuity under subsection (a) (2) of this section, the 90.75 per centum figure appearing in the third paragraph of section 228c (e) of this title shall be deemed to be 82.5 per centum. (As amended July 2, 1971, Pub. L. 92-46, § 3, 85 Stat. 101; Oct. 4, 1972, Pub. L. 92-460, § 1 (e), (f), 86 Stat. 766; July 6, 1973, Pub. L. 93-58, § 2, 87 Stat. 141; July 10, 1973, Pub. L. 93-69, title I, § 104(d), 87 Stat. 164.)

CODIFICATION

Subsec. (k) (3) was inadvertently omitted in the 1970 edition.

AMENDMENTS

1973 Subsec. (1) (1), first par., cl. (11). Pub. L. 93-58, § 2(1), struck from introductory text "shall not be adopted after such death by other than a stepparent, grandparent, aunt, uncle, brother, or sister;" following "time of his death;".

Subsec. (1) (1), first par. cl. (ii) (C). Pub. L. 93-58, § 2(2), substituted "age twenty-two or before the close of the eighty-fourth month following the month in which his most recent entitlement to an annuity under subsection (c) of this section terminated because he ceased to be under such a disability" for "age eighteen".

Subsec. (1) (1), first par. following cl. (iii). Pub. L. 9358, § 2(3), (4), inserted in third sentence reference to section 402(d) (9) of Title 42 and added after seventh sentence reading "If the individual. . ." provision for reentitlement to an annuity after again becoming disabled. Subsec. (1) (1), second par. Pub. L. 93-58, § 2(5), added second par.

Subsec. (q). Pub. L. 93-69 added subsec. (q). 1972-Subsec. (1) (1). Pub. L. 92-460, § 1(e), inserted reference to section 416(k) of Title 42.

Subsec. (p). Pub. L. 92-460, § 1(f), added subsec. (p). 1971-Subsec. (o). Pub. L. 92-46 added subsec. (o).

EFFECTIVE DATE OF 1973 AMENDMENTS Section 4(a) of Pub. L. 93-58 provided that: "The provisions of this Act [amending subsec. (1) (1) of this sec

tion and section 426 (e) (2) (A)−(D) of Title 42], except the provisions of section 1, shall be effective as of the date the corresponding provisions of Public Law 92-603 are effective as follows: clause (xi) [section 228c (e) (xi) of Title 42] effective with respect to services provided on and after July 1, 1973. The provisions of clauses (xi) and (xii), which are added by section 1 of this Act, shall be effective as follows: clause (xi) [section 228c (e) (xi) of this title shall be effective with respect to calendar years after 1971 for annuities accruing after December 1972; and clause (xii) [section 228c (e) (xii) of this title] shall be effective as of the date the delayed retirement provision of Public Law 92-603 is effective [section 402 (w) of Title 42 applicable with respect to old-age insurance benefits payable under section 401 et seq. of Title 42 for months beginning after 1972]."

Enactment of subsec. (q) of this section by Pub. L. 93– 69 effective July 10, 1973, except that any increases in annuities or pensions resulting from such enactment 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.

TERMINATION DATE OF 1972 AMENDMENT Enactment of subsec. (p) and provisions set out as a note under this section by sections 1(f) and 2 of Pub. L. 92-460 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 Enactment of subsec. (o) and provisions set out as a note by sections 3 and 5 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 enactment 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 and provisions enacted as notes under this 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 and enactments 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.

ADOPTED CHILD'S REENLISTMENT TO ANNUITY Section 4(b) of Pub. L. 93-58 provided that: "Any child (1) whose entitlement to an annuity under section 5(c) of the Railroad Retirement Act [subsec. (c) of this section] was terminated by reason of his adoption prior to the enactment of this Act [July 6, 1973], and (2) who, except for such adoption, would be entitled to an annuity under such section for a month after the month in which this Act is enacted [July 1973], may, upon filing application for an annuity under the Railroad Retirement Act

[this subchapter] after the date of enactment of this Act [July 6, 1973], become reentitled to such annuity; except that no child shall, by reason of the enactment of this Act [amending subsec. (l) (1) of this section, section 228c (e) of this title, and section 426 (e) (A)–(D) of Title 42], become reentitled to such annuity for any month prior to the effective date of the relevant amendments made by this Act to section 5(1) (1) (ii) of the Railroad Retirement Act [subsec. (l) (1) (ii) of this section]."

INCREASES IN CERTAIN PENSIONS, JOINT AND SURVIVOR ANNUITIES, AND WIDOWS' AND WIDOWERS' INSURANCE ANNUITIES

Section 2 of Pub. L. 92-460 provided that:

"(a) All pensions under section 6 of the Railroad Retirement Act of 1937 [section 228f of this title], all annuities under the Railroad Retirement Act of 1935 [former subchapter II of this chapter], and all survivor annuity to which the widow or widower was entitled, under the Railroad Retirement Act of 1937 [this subchapter] shall be increased by 20 per centum.

"(b) All such widows' and widowers' insurance annuities which are payable in the amount of the spouse's annuity to which the widow or widower was entitled, shall, in cases where the employee died prior to October 1, 1972, be increased by 20 per centum.

"(c) All such joint and survivor annuities shall be computed under section 3 (a) of the Railroad Retirement Act of 1937 [section 228c (a) of this title] and shall be reduced by the percentage determined in accordance with the election of such annuity."

Section 5 of Pub. L. 92-46 provided that: "All pensions under section 6 of the Railroad Retirement Act of 1937 [section 228f of this title], and all annuities under the Railroad Retirement Act of 1935, shall be increased by 10 per centum. All survivors annuities deriving from joint and survivor annuities under the Railroad Retirement Act of 1937 [this subchapter] and all widows' and widowers' insurance annuities which are payable in the amount of the spouse's annuity to which the widow or widower was entitled shall, in cases where the employee died in or before the month in which the increases in annuities provided in section 2 of this Act [amending section 228b of this title] are effective, be increased by 10 per centum. Joint and survivor annuities shall be computed under section 3(a) of the Railroad Retirement Act of 1937 [section 228c (a) of this title] and shall be reduced by the percentage determined in accordance with the election of such annuity."

PERMANENCY OF ANNUITY INCREASES FOR RAILROAD RETIREMENT BENEFICIARIES DEPENDENT ON REVENUES To INSURE SOLVENCY OF RAILROAD RETIREMENT ACCOUNT; REPORTS To CongresSIONAL COMMITTEES.

Section 6 of Pub. L. 92-460 provided that: "It is the policy of the Congress of the United States that the 20percent increase in annuities of Railroad Retirement beneficiaries provided by this Act [which is classified to sections 228b(e), (i), 228c (a) (5), (e), and 228e (l) (1) and (p) of this title and provisions set out as notes under sections 228b, 228c, and 228e of this title], as well as the 10-percent and 15-percent increases provided by Public Law 92-46 and Public Law 91-377 [see Distribution Tables for classification in the Code of Pub. L. 92-46 and Pub. L. 91-37], respectively, all of which will expire by the terms of such Acts on June 30, 1973, can be made permanent only if at the same time a method is adopted to insure the receipt of sufficient revenues by the Railroad Retirement Account to make such Account financially solvent based on sound actuarial projections. Accordingly, representatives of employees and retirees and representatives of carriers shall, no later than March 1, 1973, submit to the Senate Committee on Labor and Public Welfare and the House of Representatives Committee on Interstate and Foreign Commerce a report containing the mutual recommendations of such representatives based upon their negotiations and taking into account the report and specific recommendations of the Commission on Railroad Retirement designed to insure such solvency. A copy of the report of such representatives shall also be submitted to the Railroad Retirement Board, which, no later than April 1, 1973, shall submit to such committees of the

Congress a report containing its views and specific recommendations, and those of the administration, with reference to the report submitted by such representatives."

RECERTIFICATIONS

All recertifications required by reason of the amendment made by section 104 of Pub. L. 93-69, enacting subsec. (q) of this section and amending section 228b (e) and (i) of this title, 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.

All recertifications required by reason of the amendments made by Pub. L. 92-460 to be made by the Railroad Retirement Board without application therefor, see section 3 of Pub. L. 92-460, set out as a note under section 228b of this title.

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.

§ 228f. Pensions to individuals on pension or gratuity rolls of employers.

(b) No individual covered by this section who was on July 1, 1937, eligible for an annuity, under this subchapter or the Railroad Retirement Act of 1935, based in whole or in part on service rendered prior to Jan. 1, 1937, shall receive a pension payment under this section subsequent to the payment due on Oct. 1, 1937, or due on the 1st day of the month in which the application for an annuity of such individual has been awarded and certified by the Board, whichever of 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 under this subchapter 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 subchapter 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.

CODIFICATION

Subsec. (b) of this section is set out in this supplement to correct translations therein.

BENEFIT INCREASES

Pub. L. 93-69, title I, § 105, July 10, 1973, 87 Stat. 164 provided that: "If title II of the Social Security Act [section 401 et seq. of Title 42] is amended to provide an increase in benefits payable thereunder at any time during the period July 1, 1973, through December 31, 1974, the pension of each individual under section 6 of the Railroad Retirement Act of 1937 [this section] and the annuity of each individual under the Railroad Retirement Act of 1935 [former subchapter II of this chapter] shall be increased in an amount determined by the method of computing increases set forth in subsection (a) of section 104 of this Act [section 228c (a)(6) of this title], deeming for this purpose the average monthly earnings (in the case of a pension) or the average monthly compensation (in the case of an annuity under the Railroad Retirement Act of 1935 [former subchapter II of this chapter]) which would

be used to compute the basic amount if the individual were to die to be the average monthly wage."

Any increases in annuities or pensions resulting from the provisions of section 105 of Pub. L. 93-69 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.

All recertifications required by reason of the amendment made by section 105 of Pub. L. 93-69 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.

§ 228g. Additional pensions or gratuities by employers.

Nothing in this subchapter or the Railroad Retirement Act of 1935, shall be taken as restricting or discouraging payment by employers to retired employees of pensions or gratuities in addition to the annuities or pensions paid to such employees under this subchapter or such act, nor shall this subchapter or such act be taken as terminating any trust heretofore created for the payment of such pensions or gratuities. (Aug. 29, 1935, ch. 812, § 7, 49 Stat. 971; June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 313.)

§ 2281. Erroneous payments; adjustment; recovery; liability of officers.

(a) If the Board finds that at any time more than the correct amount of annuities, pensions, or death benefits has been paid to any individual under this subchapter or the Railroad Retirement Act of 1935 or a payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940), recovery by adjustments in subsequent payments to which such individual or, on the basis of the same compensation, any other individual, is entitled under any act administered by the Board may, except as otherwise provided in this section, be made under regulations prescribed by the Board. If the individual to whom more than the correct amount has been paid dies before recovery is completed, recovery may be made by setoff or adjustments, under regulations prescribed by the Board, in subsequent payments due, under any act administered by the Board, to the estate, designee, next of kin, legal representative, or surviving spouse of such individual, with respect to the employment of such individual.

(c) There shall be no recovery in any case in which more than the correct amount of annuities, pensions, or death benefits under this subchapter or the Railroad Retirement Act of 1935 has been paid to an individual or payment has been made to an individual not entitled thereto (including payments made prior to July 1, 1940) who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be contrary to the purpose of this subchapter or the act or would be against equity or good conscience.

CODIFICATION

Subsecs. (a) and (c) of this section are set out in this supplement to correct translations therein.

§ 228j. Railroad Retirement Board.

(b) Duties.

1. The Board shall have and exercise all the duties and powers necessary to administer this subchapter and the Railroad Retirement Act of 1935. The Board shall take such steps as may be necessary to enforce this subchapter and such act and make awards and certify payments. Decisions by the Board upon issues of law and fact relating to pensions, annuities, or death benefits shall not be subject to review by any other administrative or accounting officer, agent, or employee of the United States.

2. If the Board finds that an applicant is entitled to an annuity under the provisions of this subchapter or the Railroad Retirement Act of 1935 then the Board shall make an award fixing the amount of the annuity and shall certify the payment thereof as hereinafter provided; otherwise the application shall be denied.

6. In addition to the powers and duties expressly provided, the Board shall have the exercise with respect to the administration of this subchapter such of the powers, duties, and remedies provided in subsections (d), (m), and (n) of section 362 of this title as are not inconsistent with the express provisions of this subchapter.

CODIFICATION

Subsec. (b) (1), (2) and (6) of this section are set out in this supplement to correct translations therein.

COMMISSION ON RAILROAD RETIREMENT

Pub. L. 91-377, § 7, Aug. 12, 1970, 84 Stat. 792, as amended by Pub. L. 92-46, § 7, July 2, 1971, 85 Stat. 102, provided that:

"(g) The Commission shall submit to the President and the Congress an interim report of the study authorized by this section not later than July 1, 1971, and a full and complete final report of such study not later than June 30, 1972, together with its recommendations for changes in the railroad retirement system designed to provide adequate levels of benefits thereunder on an actuarially sound basis. The Commission shall cease to exist sixty days after the date of the submission of such final report."

§ 228k. Court jurisdiction.

Decisions of the Board determining the rights or liabilities of any person under this subchapter shall be subject to judicial review in the same manner, subject to the same limitations, and all provisions of law shall apply in the same manner as though the decision were a determination of corresponding rights or liabilities under the Railroad Unemployment Insurance Act except that the time within which proceedings for the review of a decision with respect to an annuity, pension, or lumpsum benefit may be commenced shall be one year after the decision will have been entered upon the records of the Board and communicated to the claimant. (Aug. 29, 1935, ch. 812, § 11, 49 Stat. 973; June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 315; July 31, 1946, ch. 709, § 215, 60 Stat. 735.)

CODIFICATION

Section is set out in this supplement to correct translations therein.

§ 228m. Penalties.

(a) Any officer or agent of an employer, as the word "employer" is defined in section 228p of this title, or any employee acting in his own behalf, or any individual whether or not of the character hereinbefore defined, who shall willfully fail or refuse to make any report or furnish any information required, in accordance with the provisions of section 228j (b) 4 of this title, by the Board in the administration of this subchapter or the Railroad Retirement Act of 1935, or who shall knowingly make or cause to be made any false or fraudulent statement or report when a statement or report is required to be made for the purpose of this subchapter or such act, or who shall knowingly make or aid in making any false or fraudulent statement or claim for the purpose of causing an award or payment under this subchapter or such act, shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both.

(b) All fines and penalties imposed by a court pursuant to this subchapter shall be paid to the court and be remitted from time to time by order of the judge to the Treasury of the United States to be credited to the Railroad Retirement Account. (Aug. 29, 1935, ch. 812, § 13, 49 Stat. 973; June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 316; Sept. 6, 1958, Pub. L. 85-927, pt. I, § 4, 72 Stat. 1781.)

CODIFICATION

Section is set out in this supplement to correct translations therein.

§ 228n. Separability of provisions.

If any provision of this subchapter or the Railroad Retirement Act of 1935, or the application thereof to any person or circumstance, should be held invalid, the remainder of this subchapter or such act, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Aug. 29, 1935, ch. 812, § 14, 49 Stat. 973; June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 316.)

CODIFICATION

Section is set out in this supplement to correct translations therein.

§ 2280. Railroad Retirement Account.

(a) Establishment; appropriation; budget estimate. There is created an account in the Treasury of the United States to be known as the Railroad Retirement Account. There is authorized to be appropriated to the account for each fiscal year, beginning with the fiscal year ending June 30, 1937, as an annual premium an amount sufficient, with a reasonable margin for contingencies, to provide for the payment of all annuities, pensions, and death benefits in accordance with the provisions of this subchapter and the Railroad Retirement Act of 1935. The Railroad Retirement Board shall submit annually to the Bureau of the Budget an estimate of the appropriation to be made to the account.

(e) Annual report.

The Board shall include in its annual report a statement of the status and the operations of the Railroad Retirement Accounts. At intervals not longer than three years the Board shall make an estimate of the liabilities created by this subchapter

and the Railroad Retirement Act of 1935 and shall include such estimate in its annual report. Such report shall also contain an estimate of the reduction in liabilities under title II of the Social Security Act arising as a result of the maintenance of this subchapter and the Railroad Retirement Act of 1935. (Aug. 29, 1935, ch. 812, § 15, 49 Stat. 974; June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 316; Sept. 22, 1959, Pub. L. 86-346, title I, § 104(4), 73 Stat. 622; Oct. 5, 1963, Pub. L. 88-133, title I § 7(a), 77 Stat. 220; Oct. 30, 1966, Pub. L. 89-699, title I, § 2, 80 Stat. 1074; Mar. 17, 1970, Pub. L. 91-215, § 3, 84 Stat. 70; Aug. 12, 1970, Pub. L. 91-377, § 5, 84 Stat. 792.) CODIFICATION

Subsecs. (a) and (e) of this section are set out in this supplement to correct translations therein.

RAILROAD RETIREMENT SYSTEM: ACTUARIAL SOUNDNESS LABOR-MANAGEMENT GROUP; NOTICE TO CONGRESSIONAL COMMITTEES; COMPOSITION; MEETINGS; PROGRESS REPORTS; REPORT TO CONGRESSIONAL COMMITTEES; SYSTEM RESTRUCTUre; Draft BILL.

Pub. L. 93-69, title I, § 107, July 10, 1973, 87 Stat. 165, provided that:

"(a) For the purposes of preparing and submitting the report provided for in subsection (c), it shall be the duty and responsibility of representatives of employees to designate (within the thirty-day period commencing on the date of enactment of this Act [July 10, 1973]) and notify the Senate Committee on Labor and Public Welfare and the House Committee on Interstate and Foreign Commerce of the identity (by name and position) of the labor members, and of representatives of carriers to designate (within such thirty-day period) and notify such committees of the identity (by name and position) of the management members, who shall compose the group authorized to prepare in their behalf, the report provided for in subsection (c).

"(b) The group so authorized to prepare the report provided for in subsection (c) shall—

"(1) hold such meetings (which shall not be less often than once each month) as may be necessary to assure that such report will be submitted within the time provided, and contain the material prescribed, under subsection (c); and

"(2) submit to such committees on September 1, 1973, November 1, 1973, and January 1, 1974, interim reports as to the progress being made toward completion of the report provided for in subsection (c); except that no such interim report shall be submitted after the submission of the report provided for in subsection (c).

"(c) (1) Not later than April 1, 1974, representatives of employees and representatives of carriers, acting through the group designated by them pursuant to subsection (a), shall submit to such committees a report containing their joint recommendations for restructuring the railroad retirement system in a manner which will assure the longterm actuarial soundness of such system, which recommendations shall take into account the specific recommendations of the Commission on Railroad Retirement.

"(2) The joint recommendations contained in such report shall be specific and shall be presented in the form of a draft bill."

CONGRESSIONAL DECLARATION OF 1974 LEGISLATIVE INTENT Pub. L. 93-69, title I, § 108, July 10, 1973, 87 Stat. 165, provided that: "The Congress hereby declares its intent to enact legislation in 1974, effective not later than January 1, 1975, which will assure the long-term actuarial soundness of the railroad retirement system."

§ 228p. Appropriation.

There is authorized to be appropriated from time to time such sums as may be necessary to provide for the expenses of the Board in administering the provisions of this subchapter and the Railroad Re

tirement Act of 1935. (Aug 29, 1935, ch. 812, § 16, as added June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 317.)

CODIFICATION

Section is set out in this supplement to correct translations therein.

§ 228r. Free transportation.

It shall not be unlawful for carriers by railroad subject to this subchapter to furnish free transportation to individuals receiving annuities or pensions under this subchapter or the Railroad Retirement Act of 1935 in the same manner as such transportation is furnished to employees in their service. (Aug. 29, 1935, ch. 812, § 18, as added June 24, 1937, ch. 382, pt. I, § 1, 50 Stat. 318.)

CODIFICATION

Section is set out in this supplement to correct translations therein.

§ 228s. Incompetence.

(a) Every individual receiving or claiming benefits, or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered by the Board shall be conclusively presumed to have been competent until the date on which the Board receives written notice, in a form and manner acceptable to the Board, that he is an incompetent, or a minor, for whom a guardian or other person legally vested with the care of his person or estate has been appointed: Provided, however, That, regardless of the legal competency or incompetency of an individual entitled to a benefit (under any Act administered by the Board), the Board may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other person for such individual's use and benefit.

(b) Every guardian or other person legally vested with the care of the person or estate of an incompetent or minor who is receiving or claiming benefits. or to whom any right or privilege is extended, under this subchapter or any other Act of Congress now or hereafter administered by the Board shall have power everywhere, in the manner and to the extent prescribed by the Board, but subject to the provisions of the preceding subsection, to take any action necessary or appropriate to perfect any right or exercise any privilege of the incompetent or minor and to conduct all transactions on his behalf under this subchapter or any other act of Congress now or hereafter administered by the Board. Any payment made pursuant to the provisions of this or the preceding subsection shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment. (Aug. 29, 1935, ch. 812, § 19, (a), (b), as added June 24, 1937, ch. 382, pt. I, § 1, as added Apr. 8, 1942, ch. 227, § 11, 56 Stat. 207, 208, and amended Oct. 30, 1966, Pub. L. 89-700, title I, § 109, 80 Stat. 1085.)

CODIFICATION

Section is set out in this supplement to correct translations therein.