[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 3573

Public Law 109-478
109th Congress

An Act

To increase the disability earning limitation under the Railroad
Retirement Act and to index the amount of allowable earnings consistent
with increases in the substantial gainful activity dollar amount under
the Social Security Act.  NOTE: Jan. 12, 2007 -  [H.R. 5483]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Railroad
Retirement Disability Earnings Act.
SECTION 1.  NOTE: 45 USC 231t note.  SHORT TITLE.

This Act may be cited as the ``Railroad Retirement Disability
Earnings Act''.

(a) In General.--Section 2(e)(4) of the Railroad Retirement Act of
1974  NOTE: 45 USC 231a.  is amended--
(1) by striking ``$400 in earnings'' in the first sentence
and inserting ``the monthly allowable earnings as defined in the
(2) by striking ``$4,800'' in the fourth sentence and
inserting ``the amount of earnings computed by totaling the
monthly allowable earnings as determined under this section for
each month in the year''; and
(3) by striking the fifth sentence and inserting ``If the
total amount of such individual's earnings during such year
(exclusive of earnings for services as described in subdivision
(3) and after deduction of disability related work expenses) is
in excess of the annual allowable earnings amount, the number of
months in such year with respect to which an annuity is not
payable by reason of the first and third sentences shall not
exceed the number of months derived by dividing the amount by
which such annual earnings exceed the annual allowable earnings
amount by the monthly allowable earning amount determined under
this section. If the computation under the preceding sentence
results in a remainder greater than or equal to one-half, the
number of months for which an annuity is not payable as
determined under the preceding sentence shall be increased by
one. The annual allowable earnings amount shall be computed by
totaling the amount of monthly allowable earnings as determined
under the first sentence of this subdivision for each month in
the calender year. If the amount of the individual's annuity has
changed during the calendar year, any payment of annuities which
become payable solely by reason of the limitations in the
preceding three sentences shall be made first with respect to
the month or months for which the annuity is larger. For
purposes of this subdivision, `the monthly allowable earnings'

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120 STAT. 3574

shall be $700, except that for each year after 2007, `the
monthly allowable earnings' amount shall be the larger of the
amount for the previous year or the amount calculated by
multiplying $700 by the ratio of the national average wage index
for the year 2 calender years before the year for which the
amount is being calculated to the national average wage index
for the year 2005. The amount so computed will be rounded to the
next higher multiple of $10 where such amount is a multiple of
$5 but not of $10 and to the nearest multiple of $10 in any
other case.''.

(b) Effective Date.--The amendments made by this section take effect
January 1, 2007.

Approved January 12, 2007.


HOUSE REPORTS: No. 109-669 (Comm. on Transportation and Infrastructure).
Sept. 27, considered and passed House.
Dec. 8, considered and passed Senate.