Railroad Retirement Account
Maintenance of account; authorization of appropriations
Authorization of appropriations; military service costs and administrative expenses
Repealed. Pub. L. 107–90, title I, § 106(b), Dec. 21, 2001, 115 Stat. 887
Dual Benefits Payments Account
There is hereby created an account in the Treasury of the United States to be known as the Dual Benefits Payments Account. There is hereby authorized to be appropriated to such account for each fiscal year beginning with the fiscal year ending
The Secretary of the Treasury—
shall transfer from the general fund as a loan to the Board on
shall transfer from the general fund as a loan to the Board on
shall transfer from the general fund as a loan to the Board on
The special amount referred to in subdivision (2) of this subsection is the amount which, as of
For the purposes of subdivision (2) of this subsection, 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 amounts transferred to the Board as loans under subdivision (2) of this subsection shall be deposited in the Railroad Retirement Account.
The amounts transferred as loans under subdivision (2) of this subsection shall be repaid to the general fund to the extent sums are appropriated for that purpose, and there are hereby authorized to be appropriated, in addition to any other sums authorized to be appropriated for the purposes of this subchapter and from any sums in the Treasury not otherwise appropriated, such sums as may be necessary to make such repayments.
Investments
Actuarial Advisory Committee
Annual report
Authorization of appropriations; administrative expenses of subchapter
Crediting of accounts for unnegotiated benefit checks
The Secretary of the Treasury shall implement procedures to permit the identification of each check issued for benefits under this subchapter that has not been presented for payment by the close of the sixth month following the month of its issuance.
The Secretary of the Treasury shall, on a monthly basis, credit each account established in the Treasury for the payment of benefits under this subchapter for the proportionate amount of benefit checks (including interest thereon) drawn on each such Account more than six months previously but not presented for payment and not previously credited to such Account, to the extent provided in advance in appropriation Acts.
If a benefit check is presented for payment to the Treasury and the amount of the appropriate portion thereof has been previously credited pursuant to paragraph (2) to an Account or Accounts, the Secretary of the Treasury shall nevertheless pay such check, if otherwise proper, recharge such Account or Accounts for the amount of such check attributable to such Account or Accounts and notify the Board.
A benefit check bearing a current date may be issued to an individual who did not negotiate the original benefit check and who surrenders such check for cancellation if the Secretary of the Treasury determines it is necessary to effect proper payment of benefits.
National Railroad Retirement Investment Trust
Establishment
Not a Federal agency or instrumentality
Board of Trustees
Generally
Membership
Selection
The 3 members representing the interests of labor shall be selected by the joint recommendation of labor organizations, national in scope, organized in accordance with sections 151a and 152 of this title, and representing at least ⅔ of all active employees, represented by such national labor organizations, covered under this subchapter.
The 3 members representing the interests of management shall be selected by the joint recommendation of carriers as defined in section 151 of this title employing at least ⅔ of all active employees covered under this subchapter.
The independent member shall be selected by a majority of the other 6 members of the Board of Trustees.
A member of the Board of Trustees may be removed in the same manner and by the same constituency that selected that member.
Dispute resolution
Qualifications
Terms
Powers of the Board of Trustees
The Board of Trustees shall—
retain independent advisers to assist it in the formulation and adoption of its investment guidelines;
invest assets of the Trust in a manner consistent with such investment guidelines, either directly or through the retention of independent investment managers;
adopt bylaws and other rules to govern its operations;
employ professional staff, and contract with outside advisers, including the Railroad Retirement Board, to provide legal, accounting, investment advisory or management services (compensation for which may be on a fixed contract fee basis or on such other terms as are customary for such services), or other services necessary for the proper administration of the Trust;
sue and be sued and participate in legal proceedings, have and use a seal, conduct business, carry on operations, and exercise its powers within or without the District of Columbia, form, own, or participate in entities of any kind, enter into contracts and agreements necessary to carry out its business purposes, lend money for such purposes, and deal with property as security for the payment of funds so loaned, and possess and exercise any other powers appropriate to carry out the purposes of the Trust;
pay administrative expenses of the Trust from the assets of the Trust; and
transfer money to the disbursing agent or as otherwise provided in section 231f(b)(4) of this title, to pay benefits payable under this subchapter from the assets of the Trust.
Reporting requirements and fiduciary standards
The following reporting requirements and fiduciary standards shall apply with respect to the Trust:
Duties of the Board of Trustees
The Trust and each member of the Board of Trustees shall discharge their duties (including the voting of proxies) with respect to the assets of the Trust solely in the interest of the Railroad Retirement Board and through it, the participants and beneficiaries of the programs funded under this subchapter—
for the exclusive purpose of—
providing benefits to participants and their beneficiaries; and
defraying reasonable expenses of administering the functions of the Trust;
with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;
by diversifying investments so as to minimize the risk of large losses and to avoid disproportionate influence over a particular industry or firm, unless under the circumstances it is clearly prudent not to do so; and
in accordance with Trust governing documents and instruments insofar as such documents and instruments are consistent with this subchapter.
Prohibitions with respect to members of the Board of Trustees
No member of the Board of Trustees shall—
deal with the assets of the Trust in the Trustee’s own interest or for the Trustee’s own account;
in an individual or in any other capacity act in any transaction involving the assets of the Trust on behalf of a party (or represent a party) whose interests are adverse to the interests of the Trust, the Railroad Retirement Board, or the interests of participants or beneficiaries; or
receive any consideration for the Trustee’s own personal account from any party dealing with the assets of the Trust.
Exculpatory provisions and insurance
Any provision in an agreement or instrument that purports to relieve a Trustee from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void: Provided, however, That nothing shall preclude—
the Trust from purchasing insurance for its Trustees or for itself to cover liability or losses occurring by reason of the act or omission of a Trustee, if such insurance permits recourse by the insurer against the Trustee in the case of a breach of a fiduciary obligation by such Trustee;
a Trustee from purchasing insurance to cover liability under this section from and for his own account; or
an employer or an employee organization from purchasing insurance to cover potential liability of one or more Trustees with respect to their fiduciary responsibilities, obligations, and duties under this section.
Bonding
Every Trustee and every person who handles funds or other property of the Trust (hereafter in this subsection referred to as “Trust official”) shall be bonded. Such bond shall provide protection to the Trust against loss by reason of acts of fraud or dishonesty on the part of any Trust official, directly or through the connivance of others, and shall be in accordance with the following:
The amount of such bond shall be fixed at the beginning of each fiscal year of the Trust by the Railroad Retirement Board. Such amount shall not be less than 10 percent of the amount of the funds handled. In no case shall such bond be less than $1,000 nor more than $500,000, except that the Railroad Retirement Board, after consideration of the record, may prescribe an amount in excess of $500,000, subject to the 10 per centum limitation of the preceding sentence.
It shall be unlawful for any Trust official to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of the Trust without being bonded as required by this subsection and it shall be unlawful for any Trust official, or any other person having authority to direct the performance of such functions, to permit such functions, or any of them, to be performed by any Trust official, with respect to whom the requirements of this subsection have not been met.
It shall be unlawful for any person to procure any bond required by this subsection from any surety or other company or through any agent or broker in whose business operations such person has any control or significant financial interest, direct or indirect.
Audit and report
The Trust shall annually engage an independent qualified public accountant to audit the financial statements of the Trust.
The Trust shall submit an annual management report to the Congress not later than 180 days after the end of the Trust’s fiscal year. A management report under this subsection shall include—
a statement of financial position;
a statement of operations;
a statement of cash flows;
a statement on internal accounting and administrative control systems;
the report resulting from an audit of the financial statements of the Trust conducted under clause (i); and
any other comments and information necessary to inform the Congress about the operations and financial condition of the Trust.
The Trust shall provide the President, the Railroad Retirement Board, and the Director of the Office of Management and Budget a copy of the management report when it is submitted to Congress.
Enforcement
The Railroad Retirement Board may bring a civil action—
to enjoin any act or practice by the Trust, its Board of Trustees, or its employees or agents that violates any provision of this subchapter; or
to obtain other appropriate relief to redress such violations, or to enforce any provisions of this subchapter.
State and local taxes
Quorum
Transfers to the Trust
National Railroad Retirement Investment Trust
Source
(Aug. 29, 1935, ch. 812, § 15, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101,Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2001 Amendment
In general.—
Subject to paragraph (2), the amendments made by subsections (a), (b), and (c) [amending this section and section 231f of this title] shall take effect
Account in existence until transfer made.—
The Railroad Retirement Supplemental Account under section 15(c) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n(c)) shall continue to exist until the date that the Secretary of the Treasury makes the transfer described in subsection (d)(2) [set out as a note below].”
Effective Date of 1983 Amendment
Effective Date of 1981 Amendment
Effective Date of 1976 Amendment
Effective Date of 1975 Amendment
Termination of Advisory Committees
Purchase or Sale of Non-Federal Assets; Means of Financing
Transfer of Funds in the Railroad Retirement Supplemental Account
Determination.—
As soon as possible after
determine the amount of funds in the Railroad Retirement Supplemental Account under section 15(c) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n(c)) as of the date of such determination; and
direct the Secretary of the Treasury to transfer such funds to the National Railroad Retirement Investment Trust under section 15(j) of such Act [45 U.S.C. 231n(j)] (as added by section 105).
Transfer by the secretary of the treasury.—
The Secretary of the Treasury shall make the transfer described in paragraph (1).”
Transitional Rule for Existing Obligation
Commission on Railroad Retirement Reform
Section 72(r) Revenue Increase Transferred to Certain Railroad Retirement Accounts
In general.—
Transfers to railroad retirement account.—
There are hereby appropriated to the Railroad Retirement Account amounts (other than amounts described in subparagraph (B)) equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] which is attributable to the application of section 72(r) of the Internal Revenue Code of 1986 [26 U.S.C. 72(r)] (as added by this Act).
Revenue increases attributable to windfall benefits received after september 30, 1988, transferred to dual benefits payments account.—
There are hereby appropriated to the Dual Benefits Payments Account amounts equivalent to the aggregate increase in tax liabilities under chapter 1 of such Code which is attributable to the application of section 72(r) of such Code (as added by this Act) with respect to windfall benefits received after
Windfall benefits defined.—
For purposes of this paragraph, the term ‘windfall benefits’ means any benefit paid under section 3(h), 4(e), or 4(h) of the Railroad Retirement Act of 1974 [sections 231b(h), 231(e), (h) of this title].
Transfers.—
The amounts appropriated by paragraph (1) shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in paragraph (1). Any such quarterly payment shall be made on the first day of such quarter and shall take into account benefits estimated to be received during such quarter. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
Revenue increases from tax on supplemental annuities not included.—
Paragraph (1) shall not apply to tax liabilities attributable to supplemental annuities paid under section 2(b) of the Railroad Retirement Act of 1974 [section 231a(b) of this title].”
Tax Used To Repay Loans Made to Railroad Unemployment Insurance Account
Transfer to Railroad Retirement Account.—
In general.—
The Secretary of the Treasury shall transfer from the general fund of the Treasury to the Railroad Retirement Account an amount equal to the additional railroad unemployment taxes received in the Treasury.
Taxes credited against loans to railroad unemployment insurance account.—
Taxes attributable to basic rate to reduce railroad unemployment loans made before october 1, 1985.—
So much of the amount transferred under paragraph (1) as is not attributable to the surtax rate under section 7106(b) of the Railroad Unemployment Insurance and Retirement Improvement Act of 1988 [Pub. L. 100–647, set out as a note under section 3321 of Title 26, Internal Revenue Code] shall be credited against, and operate to reduce, the outstanding balance of railroad unemployment loans made before
Taxes attributable to surtax rate to reduce railroad unemployment loans made after september 30, 1985.—
So much of the amount transferred under paragraph (1) as is attributable to the surtax rate under section 7106(b) of such Act shall be credited against, and operate to reduce, the outstanding balance of railroad unemployment loans made after
Transfers Made Monthly.—
Transfers under subsection (a) shall be made at least monthly on the basis of estimates made by the Secretary of the Treasury of the amount of the additional railroad unemployment taxes received in the Treasury. Proper adjustments shall be made in the amount subsequently transferred to the extent prior estimates were in excess of or were less than the amounts required to be transferred.
Transfers to Railroad Unemployment Fund After Loans Repaid.—
If—
the amount described in subparagraph (A) or (B) of subsection (a)(2) which (but for this subsection) would be transferred to the Railroad Retirement Account under subsection (a), exceeds—
the outstanding balance of railroad unemployment loans (as of the time of such transfer) against which the amount described in such subparagraph may be credited under such subparagraph,
such transfer (to the extent it exceeds such outstanding balance) shall be made to the Railroad Unemployment Account.
Definitions.—
For purposes of this section—
Additional railroad unemployment taxes.—
The term ‘additional railroad unemployment taxes’ means the taxes imposed by chapter 23A of the Internal Revenue Code of 1986 [26 U.S.C. 3321 et seq.].
Railroad unemployment account.—
The term ‘Railroad Unemployment Account’ means the railroad unemployment insurance account in the unemployment trust fund established pursuant to section 904 of the Social Security Act [42 U.S.C. 1104].
Railroad unemployment loans.—
The term ‘railroad unemployment loans’ means transfers under section 10(d) of the Railroad Unemployment Insurance Act [45 U.S.C. 360(d)] from the Railroad Retirement Account to the Railroad Unemployment Account. The outstanding balance of such loans shall include any interest required to be paid under such section 10(d).”
Reimbursement of Railroad Retirement Act Accounts; “Unnegotiated Benefit Checks” Defined
The Secretary of the Treasury shall transfer from the general fund of the Treasury to each Account established in the Treasury for the payment of benefits under the Railroad Retirement Act of 1974 [this subchapter] in the month following the month in which this section is enacted [Aug. 1983] and in each of the next succeeding months until May, 1985, such sums as may be necessary to reimburse such Accounts in the proportionate amount of all checks (including interest thereon) attributable to such Accounts which the Secretary and the Board jointly determine to be unnegotiated benefit checks, to the extent provided in advance in appropriation Acts. After any amounts authorized by this subsection have been transferred to an Account or Accounts with respect to any benefit check, the provisions of paragraphs (3) and (4) of section 15(i) of the Railroad Retirement Act of 1974 (as added by subsection (a) of this section) [subsec. (i)(3), (4) of this section] shall be applicable to such check.
As used in paragraph (1) of this subsection, the term ‘unnegotiated benefit checks’ means checks for benefits under the Railroad Retirement Act of 1974 [this subchapter] or under the Railroad Retirement Act of 1937 [subchapter III of this chapter] which are issued prior to