Home > 106th Congressional Bills > H.R. 4844 (rs) To modernize the financing of the railroad retirement system and to provide enhanced benefits to employees and beneficiaries. [Reported in Senate] ...

H.R. 4844 (rs) To modernize the financing of the railroad retirement system and to provide enhanced benefits to employees and beneficiaries. [Reported in Senate] ...


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                                                 Union Calendar No. 461
106th CONGRESS
  2d Session
                                H. R. 4844

                  [Report No. 106-777, Parts I and II]

  To modernize the financing of the railroad retirement system and to 
       provide enhanced benefits to employees and beneficiaries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2000

  Mr. Shuster (for himself, Mr. Oberstar, Mr. Archer, Mr. Rangel, Mr. 
 Petri, Mr. Rahall, Mr. Shaw, and Mr. Matsui) introduced the following 
    bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                             July 20, 2000

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 20, 2000

   Referral to the Committee on Ways and Means extended for a period 
                  ending not later than July 27, 2000

                             July 26, 2000

  Additional sponsors: Mr. Quinn, Mr. Lipinski, Mr. Bachus, Mr. Wise, 
Mrs. Johnson of Connecticut, Mr. Jefferson, Mr. Camp, Mrs. Napolitano, 
Mr. Terry, Mr. Brown of Ohio, Mr. Dickey, Mr. Udall of New Mexico, Mr. 
 Reynolds, Mr. Mascara, Mr. Cooksey, Mr. Wynn, Mr. Duncan, Mr. Barcia, 
 Mr. Ney, Mr. Meeks of New York, Mr. King, Mr. Peterson of Minnesota, 
Mr. Pombo, Mr. Cummings, Mr. LaTourette, Mr. Brady of Pennsylvania, Mr. 
  Franks of New Jersey, Mr. Costello, Mr. Isakson, Mr. Kanjorski, Mr. 
 Whitfield, Mr. Boswell, Ms. Pryce of Ohio, Ms. Brown of Florida, Mr. 
   Horn, Mr. Kucinich, Mr. Weller, Mr. Skelton, Mr. Kuykendall, Ms. 
Kilpatrick, Mr. Chambliss, Mr. Berry, Mr. Sessions, Mrs. Tauscher, Mr. 
     Cook, Mr. Price of North Carolina, Mr. Davis of Virginia, Mr. 
Abercrombie, Mr. Lucas of Oklahoma, Mr. Turner, Mrs. Kelly, Mr. Doyle, 
   Mr. Gilchrest, Mr. Cramer, Mr. Saxton, Mr. Shows, Mr. Foley, Mr. 
 Snyder, Mr. Hulshof, Mr. Kildee, Mr. Collins, Mr. Murtha, Mr. LaHood, 
 Mr. Frost, Mr. Sherwood, Mr. Andrews, Mrs. Fowler, Mr. Tancredo, Mr. 
Ramstad, Mr. Hutchinson, Mr. Peterson of Pennsylvania, Mr. Simpson, Mr. 
Rush, Mr. Bereuter, Mrs. Maloney of New York, Mr. Bliley, Mrs. Thurman, 
 Mr. Stearns, Mr. Stupak, Mr. Sweeney, Mr. Frank of Massachusetts, Mr. 
Ehrlich, Ms. Kaptur, Mr. Thune, Mr. Phelps, Mr. Ehlers, Mr. Hastings of 
Florida, Mr. Goodling, Mr. Vento, Mr. Mica, Mr. Luther, Mr. Blunt, Mr. 
 Klink, Mr. Tierney, Mr. Borski, Ms. Norton, Mr. Menendez, Mr. Kennedy 
  of Rhode Island, Mr. Conyers, Mr. Green of Texas, Mr. Gonzalez, Ms. 
   Stabenow, Ms. Slaughter, Ms. Berkley, Mr. Evans, Mr. Bilbray, Mr. 
 Hinchey, Mr. Lewis of Kentucky, Mr. Sisisky, Mr. Barton of Texas, Mr. 
Dingell, Mr. Baker, Mr. Holt, Mr. Bass, Mr. Hoeffel, Mr. Goodlatte, Mr. 
    Sawyer, Mr. Tiahrt, Mr. Blumenauer, Mr. Latham, Mr. Bonior, Mr. 
Watkins, Mr. Bentsen, Mr. Davis of Illinois, Mr. Lewis of Georgia, Ms. 
 Eddie Bernice Johnson of Texas, Mr. Bonilla, Mr. Visclosky, Mr. Diaz-
  Balart, Mr. Gephardt, Mr. Romero-Barcelo, Mrs. Meek of Florida, Mr. 
 Becerra, Mr. Pastor, Mr. Spratt, Ms. Hooley of Oregon, Ms. Millender-
 McDonald, Ms. Ros-Lehtinen, Ms. Schakowsky, Mr. LoBiondo, Mr. Weiner, 
   Mr. Shimkus, Mr. Scott, Mrs. Biggert, Mr. Udall of Colorado, Mr. 
 Doolittle, Mr. Clyburn, Mrs. Emerson, Mr. Moore, Mrs. McCarthy of New 
    York, Mr. John, Mr. Baca, Mr. Rothman, Mr. Waxman, Mr. Watts of 
 Oklahoma, Mr. English, Mr. Nethercutt, Mr. Castle, Mr. Hilliard, Mr. 
Filner, Mr. Lucas of Kentucky, Mr. Gekas, Mr. Jackson of Illinois, Mr. 
    Walsh, Mr. Barrett of Nebraska, Ms. DeGette, Mr. Etheridge, Mr. 
Gutierrez, Ms. Rivers, Mr. Lantos, Mr. Payne, Mr. Engel, Mrs. Clayton, 
    Mr. McGovern, Mr. George Miller of California, Mr. Wexler, Mr. 
     Pickering, Mr. Young of Alaska, Mr. Callahan, Mr. Thompson of 
 Mississippi, Mr. DeFazio, Mr. Hall of Texas, Mr. Upton, Mr. Calvert, 
Mr. Faleomavaega, Mr. Kleczka, Mr. Linder, Mr. Baldacci, Ms. Dunn, Mr. 
Rodriguez, Mr. Ganske, Mr. Greenwood, Mr. Brady of Texas, Ms. Granger, 
Mr. Skeen, Mr. Hobson, Mr. Green of Wisconsin, Mr. McHugh, Mr. Hastings 
of Washington, Mr. Walden of Oregon, Mr. Jones of North Carolina, Mrs. 
 Chenoweth-Hage, Mr. Mollohan, Mr. Lazio, Mr. Traficant, Mr. Canady of 
   Florida, Mr. Deutsch, Mr. Everett, Mr. Holden, Mr. Fletcher, Mr. 
 Bishop, Mr. Bryant, Mr. Crowley, Mr. Istook, Ms. DeLauro, Mr. Rogan, 
   Mr. Sandlin, Ms. Pelosi, Ms. Carson, Mr. Gordon, Mr. Pomeroy, Mr. 
 Lampson, Mr. Reyes, Mrs. Mink of Hawaii, Mr. Dicks, Mr. McIntyre, Mr. 
  Cannon, Mr. Frelinghuysen, Ms. Jackson-Lee of Texas, Mr. Weldon of 
 Pennsylvania, Mr. Packard, Mr. Gillmor, Mrs. Roukema, Mr. Ortiz, Mrs. 
  Morella, Mr. Sanders, Mrs. Northup, Mr. Pallone, Mr. Aderholt, Mr. 
 Clement, Mr. Boyd, Mr. Roemer, Mr. Hyde, Mr. Smith of New Jersey, Mr. 
 Berman, Mr. Leach, Mr. Wu, Ms. Lee, Mr. Davis of Florida, Mr. Markey, 
Ms. Baldwin, Mr. Strickland, Mr. Baird, Mr. Watt of North Carolina, Mr. 
Smith of Washington, Mr. Obey, Mrs. Myrick, Mr. Martinez, Mr. Boehner, 
   Mr. Olver, Mr. Ryan of Wisconsin, Mr. Jenkins, Mr. Gallegly, Mr. 
 McDermott, Ms. McKinney, Mr. Forbes, Mr. Burr of North Carolina, Mr. 
     Fattah, Mr. Hansen, Mr. Knollenberg, Mr. Moakley, Mr. Neal of 
  Massachusetts, Mr. Meehan, Mr. Tauzin, Mr. Coyne, Mr. Combest, Mr. 
 McNulty, Mr. Graham, Mr. Rogers, Mr. Gutknecht, Mr. Capuano, Mr. Barr 
   of Georgia, Mrs. Christensen, Mr. Wicker, Ms. Roybal-Allard, Mr. 
 Thompson of California, Mr. Spence, Mr. Hill of Montana, Mr. Moran of 
Virginia, Mr. Condit, Mr. Boucher, Mr. Hayes, Mr. Tanner, Mr. Delahunt, 
      Mr. Bartlett of Maryland, Mr. Owens, Mr. Clay, and Mr. Coble

                             July 26, 2000

   Reported from the Committee on Ways and Means with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                              in boldface]
 [For text of introduced bill, see copy of bill as introduced on July 
                               13, 2000]

_______________________________________________________________________

                                 A BILL


 
  To modernize the financing of the railroad retirement system and to 
       provide enhanced benefits to employees and beneficiaries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Railroad 
Retirement and Survivors' Improvement Act of 2000''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.

         TITLE I--AMENDMENTS TO RAILROAD RETIREMENT ACT OF 1974

Sec. 101. Expansion of widow's and widower's benefits.
Sec. 102. Retirement age restoration.
Sec. 103. Vesting requirement.
Sec. 104. Repeal of railroad retirement maximum.
Sec. 105. Investment of railroad retirement assets.
Sec. 106. Elimination of supplemental annuity account.
Sec. 107. Transfer authority revisions.
Sec. 108. Annual ratio projections and certifications by the Railroad 
                            Retirement Board.

       TITLE II--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

Sec. 201. Amendments to the Internal Revenue Code of 1986.
Sec. 202. Exemption from tax for Railroad Retirement Investment Trust.
Sec. 203. Repeal of supplemental annuity tax.
Sec. 204. Employer, employee representative, and employee tier 2 tax 
                            rate adjustments.

         TITLE I--AMENDMENTS TO RAILROAD RETIREMENT ACT OF 1974

SEC. 101. EXPANSION OF WIDOW'S AND WIDOWER'S BENEFITS.

    (a) In General.--Section 4(g) of the Railroad Retirement Act of 
1974 is amended by adding at the end the following new subdivision:
    ``(10)(i) If for any month the unreduced annuity provided under 
this section for a widow or widower is less than the widow's or 
widower's initial minimum amount computed pursuant to paragraph (ii) of 
this subdivision, the unreduced annuity shall be increased to that 
initial minimum amount. For the purposes of this subdivision, the 
unreduced annuity is the annuity without regard to any deduction on 
account of work, without regard to any reduction for entitlement to an 
annuity under section 2(a)(1) of this Act, without regard to any 
reduction for entitlement to a benefit under title II of the Social 
Security Act, and without regard to any reduction for entitlement to a 
public service pension pursuant to sections 202(e)(7), 202(f)(2), or 
section 202(g)(4) of the Social Security Act.
    ``(ii) For the purposes of this subdivision, the widow or widower's 
initial minimum amount is the amount of the unreduced annuity computed 
at the time an annuity is awarded to that widow or widower, except 
that--
            ``(A) in subsection (g)(1)(i) `100 per centum' shall be 
        substituted for `50 per centum'; and
            ``(B) in subsection (g)(2)(ii) `130 per centum' shall be 
        substituted for `80 per centum' both places it appears.
    ``(iii) If a widow or widower who was previously entitled to a 
widow's or widower's annuity under section 2(d)(1)(ii) of this Act 
becomes entitled to a widow's or widow's annuity under section 
2(d)(1)(i) of this Act, a new initial minimum amount shall be computed 
at the time of award of the widow's or widower's annuity under section 
2(d)(1)(i) of this Act.''.
    (b) Effective Date.--
            (1) Generally.--The amendment made by this section shall 
        take effect January 1, 2001 and shall apply to annuity amounts 
        accruing for months after December 2000 in the case of 
        annuities awarded on or after that date and in the case of 
        annuities awarded before that date if the annuity amount under 
        section 4(g) of the Railroad Retirement Act was computed under 
        section 4(g), as amended by Public Law 97-35.
            (2) Special rule for annuities awarded before january 1, 
        2001.--In applying the amendments made by this section to 
        annuities awarded before January 1, 2001, the calculation of 
        the initial minimum amount under new section 4(g)(10)(ii) of 
        the Act shall be made as of the date of award of the widow's or 
        widower's annuity.

SEC. 102. RETIREMENT AGE RESTORATION.

    (a) Employee Annuities.--Section 3(a)(2) of the Railroad Retirement 
Act of 1974 is amended by inserting after ``(2)'' the following: ``For 
purposes of this subsection, individuals entitled to an annuity under 
section 2(a)(1)(ii) of this Act shall, except for the purposes of 
recomputations in accordance with section 215(f) of the Social Security 
Act, be deemed to have attained retirement age (as defined by section 
216(l) of the Social Security Act).''.
    (b) Spouse and Survivor Annuities.--Section 4(a)(2) of the Railroad 
Retirement Act of 1974 is amended by striking ``if an'' and all that 
follows through ``section 2(c)(1) of this Act'' and inserting ``a 
spouse entitled to an annuity under section 2(c)(1)(ii)(B) of this 
Act''.
    (c) Conforming Repeals.--Sections 3(a)(3), 4(a)(3), and 4(a)(4) of 
the Railroad Retirement Act are repealed.
    (d) Effective Dates.--
            (1) Generally.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to annuities that 
        begin to accrue on or after January 1, 2001.
            (2) Exception.--The amount of the annuity provided for a 
        spouse under section 4(a) shall be computed under section 
        4(a)(3), as in effect before the date of the enactment of this 
        section, if the annuity amount provided under section 3(a) for 
        the individual on whose employment record the spouse annuity is 
        based was computed under section 3(a)(3), as in effect before 
        the date of the enactment of this section.

SEC. 103. VESTING REQUIREMENT.

    (a) Certain Annuities for Individuals.--Section 2(a) of the 
Railroad Retirement Act of 1974 is amended--
            (1) by inserting in subdivision (1) ``or, for purposes of 
        paragraphs (i), (iii), and (v), five years of service, all of 
        which accrues after December 31, 1995,'' after ``ten years of 
        service'', and
            (2) by adding at the end the following:
    ``(4) An individual who is entitled to an annuity under paragraph 
(v) of subdivision (1), but who does not have at least ten years of 
service, shall, prior to the month in which the individual attains age 
62, be entitled only to an annuity amount computed under section 3(a) 
of this Act (without regard to section 3(a)(2) of this Act) or section 
3(f)(3) of this Act. Upon attainment of age 62, such an individual may 
also be entitled to an annuity amount computed under section 3(b), but 
such annuity amount shall be reduced for early retirement in the same 
manner as if the individual were entitled to an annuity under section 
2(a)(1)(iii).''.
    (b) Computation Rule for Individuals' Annuities.--Section 3(a) of 
the Railroad Retirement Act of 1974, as amended by section 102 of this 
Act, is further amended by adding at the end the following new 
subdivision:
    ``(3) If an individual entitled to an annuity under section 
2(a)(1)(i) or (iii) of this Act on the basis of less than ten years of 
service is entitled to a benefit under section 202(a), section 202(b), 
or section 202(c) of the Social Security Act which began to accrue 
before the annuity under section 2(a)(1)(i) or (iii) of this Act, the 
annuity amount provided such individual under this subsection, shall be 
computed as though the annuity under this Act began to accrue on the 
later of (A) the date on which the benefit under section 202(a), 
section 202(b), or section 202(c) of the Social Security Act began or 
(B) the date on which the individual first met the conditions for 
entitlement to an age reduced annuity under this Act other than the 
conditions set forth in sections 2(e)(1) and 2(e)(2) of this Act and 
the requirement that an application be filed.''.
    (c) Survivors' Annuities.--Section 2(d)(1) of the Railroad 
Retirement Act of 1974 is amended by inserting ``or five years of 
service, all of which accrues after December 31, 1995,'' after ``ten 
years of service''.
    (d) Limitation on Annuity Amounts.--Section 2 of the Railroad 
Retirement Act of 1974 is amended by adding at the end the following:
    ``(i) An individual entitled to an annuity under this section who 
has completed five years of service, all of which accrues after 1995, 
but who has not completed ten years of service, and the spouse, 
divorced spouse, and survivors of such individual, shall not be 
entitled to an annuity amount provided under section 3(a), section 
4(a), or section 4(f) of this Act unless the individual, or the 
individual's spouse, divorced spouse, or survivors, would be entitled 
to a benefit under the Social Security Act on the basis of the 
individual's employment record under both the Railroad Retirement Act 
and the Social Security Act.''.
    (e) Computation Rule for Spouses' Annuities.--Section 4(a) of the 
Railroad Retirement Act of 1974, as amended by section 102 of this Act, 
is further amended by adding at the end the following new subdivision:
    ``(3) If a spouse entitled to an annuity under section 
2(c)(1)(ii)(A), section 2(c)(1)(ii)(C), or section 2(c)(2) of this Act 
or a divorced spouse entitled to an annuity under section 2(c)(4) of 
this Act on the basis of the employment record of an employee who will 
have completed less than 10 years of service is entitled to a benefit 
under section 202(a), section 202(b), or section 202(c) of the Social 
Security Act which began to accrue before the annuity under section 

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