Section 7(d) of Railroad Retirement Act Of 1974

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Sec. 7

RAILROAD RETIREMENT ACT OF 1974

54

in the term ‘‘employment’’ as defined in the Social Security Act and
in the Federal Insurance Contributions Act, and (B) this Act had
not been enacted. If for any month the net amount so determined
would be subtracted from those Trust Funds, the Board shall, within ten days after the end of such month, report such amount to the
Secretary of the Treasury for transfer from the general fund to the
Railroad Retirement Account. Any amount so reported shall further
include interest (at an annual rate equal to the rate of interest
borne by a special obligation issued to the Railroad Retirement Account in the month in which the transfer is made to the Account)
payable from the close of the month for which the transfer is made
until the date of transfer. The Secretary of the Treasury is authorized and directed to transfer to the Railroad Retirement Account
from the general fund such amounts as, from time to time, may be
determined by the Board pursuant to the provisions of this subdivision and reported by the Board for transfer. For such purpose the
Secretary of the Treasury is authorized to use as a public debt
transaction the proceeds of the sale of any securities issued after
the date of the enactment of this Act under section 3102 of title 31
of the United States Code, and the purpose for which securities
may be issued under section 3102 of title 31 of the United States
Code are extended to include such purpose. Each such transfer
shall be made by the Secretary of the Treasury within five days
after a report of the amount to be transferred is received. Not later
than December 31 following the close of each fiscal year beginning
with the fiscal year ending September 30, 1984, the Board shall
certify to the Secretary of the Treasury the total of all amounts
transferred pursuant to the provisions of this subdivision for
months in such fiscal year. Within ten days after a transfer, or
transfers, pursuant to subdivision (2) for a particular fiscal year,
the Board shall request the Secretary of the Treasury to retransfer
from the Railroad Retirement Account to the general fund an
amount equal to (A) the total of all amounts, exclusive of interest,
transferred to such Account pursuant to the provisions of this subdivision for months in such fiscal year, plus (B) interest (at the rate
determined in subdivision (3) for such fiscal year) payable with respect to each amount transferred for a month during such fiscal
year from the close of the month for which the transfer of the
amount was made until the date of retransfer of such amount. The
Secretary of the Treasury is authorized and directed to retransfer
from the Railroad Retirement Account to the general fund such
amounts as, from time to time, may be determined by the Board
pursuant to the provisions of the preceding sentence of this subdivision and reported by the Board for retransfer.
(d)(1) The Board shall, for purposes of this subsection, have the
same authority to determine the rights of individuals described in
subdivision (2) to have payments made on their behalf for hospital
insurance benefits consisting of inpatient hospital services,
posthospital extended care services, home health services, hospice
care, and outpatient hospital diagnostic services (all hereinafter referred to as ‘‘services’’) under section 226, and parts A and C of
title XVIII, of the Social Security Act as the Secretary of Health,
Education, and Welfare has under such section and such parts with
respect to individuals to whom such sections and such parts apply.
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55

RAILROAD RETIREMENT ACT OF 1974

Sec. 7

For purposes of section 8, a determination with respect to the
rights of an individual under this subsection shall, except in the
case of a provider of services, be considered to be a decision with
respect to an annuity.
(2) Except as otherwise provided in this subsection, every person who—
(i) has attained age 65 and (A) is entitled to an annuity
under this Act or (B) would be entitled to such an annuity had
he ceased compensated service and, in the case of a spouse or
divorced wife, had such spouse’s husband or wife ceased compensated service or (C) bears a relationship to an employee
which, by reason of section 3(f)(2) of this Act, has been, or
would be, taken into account in calculating the amount of the
annuity of such employee; or
(ii) has not attained age 65 and (A) has been entitled to
an annuity under section 2 of this Act, or under the Railroad
Retirement Act of 1937 and section 2 of this Act, or could have
been includable in the computation of an annuity under section
3(f)(2) of this Act, for not less than 24 months and (B) could
have been entitled for 24 calendar months, and could currently
be entitled, to monthly insurance benefits under section 223 of
the Social Security Act or under section 202 of that Act on the
basis of disability if service as an employee after December 31,
1936, had been included in the term ‘‘employment’’ as defined
in that Act and if an application for disability benefits had
been filed,
shall be certified to the Secretary of Health, Education, and Welfare as a qualified railroad retirement beneficiary under section
226 of the Social Security Act.
(3) If an individual entitled to an annuity under paragraph (iv)
or (v) of section 2(a)(1) of this Act would have been insured for disability insurance benefits as determined under section 223(c)(1) of
the Social Security Act at the time such annuity began, he shall
be deemed, solely for purposes of paragraph (ii) of subdivision (2),
to be entitled to a disability insurance benefit under section 223 of
the Social Security Act for each month, and beginning with the
first month, in which he would meet the requirements for entitlement to such a benefit, other than the requirement of being insured for disability insurance benefits, if service as an employee
after December 31, 1936, had been included in the term ‘‘employment’’ as defined in the Social Security Act and if an application
for disability benefits had been filed.
(4) The rights of individuals described in subdivision (2) of this
subsection to have payment made on their behalf for the services
referred to in subdivision (1) but provided in Canada shall be the
same as those of individuals to whom section 226 and part A of
title XVIII of the Social Security Act apply, and this subdivision
shall be administered by the Board as if the provisions of section
226 and part A of title XVIII of the Social Security Act were applicable, as if references to the Secretary of Health, Education, and
Welfare were to the Board, as if references to the Federal Hospital
Insurance Trust Fund were to the Railroad Retirement Account, as
if references to the United States or a State included Canada or a
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