---
kind: "section"
citation: "45 U.S.C. § 231r"
title: "45"
title_heading: "Railroads"
number: "231r"
heading: "Automatic benefit eligibility requirement adjustments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/45/231r"
units:
  - "Chapter 9 — Retirement of Railroad Employees"
  - "Subchapter IV — Railroad Retirement Act of 1974"
---

# §231r. Automatic benefit eligibility requirement adjustments

- (a) **Reduced benefits—** If title II of the [Social Security Act](/usc/45/231.md?p=n) [[42 U.S.C. 401](/usc/42/401.md) et seq.] is amended at any time after December 31, 1974, to reduce the eligibility requirements for old-age insurance benefits, disability insurance benefits, wife’s insurance benefits payable to a wife, husband’s insurance benefits, child’s insurance benefits payable to a child of a deceased individual, widow’s insurance benefits payable to a widow, widower’s insurance benefits, mother’s insurance benefits payable to a widow, or parent’s insurance benefits, such reduced eligibility requirements shall be applicable, in accordance with regulations prescribed by the [Board](/usc/45/231.md?p=i), to individuals, spouses, or survivors, as the case may be, under [section 231a of this title](/usc/45/231a.md) to the extent that such reduced eligibility requirements would provide such individuals, spouses, or survivors with entitlement to [annuities](/usc/45/231.md?p=p) under such [section 231a of this title](/usc/45/231a.md) to which they would not be entitled except for such reduced eligibility requirements: Provided, however, That no [annuity](/usc/45/231.md?p=p) shall be paid to any [person](/usc/45/231.md?p=l) pursuant to the provisions of this subsection if that [person](/usc/45/231.md?p=l) does not satisfy an eligibility requirement imposed by [section 231a of this title](/usc/45/231a.md) of a kind not imposed by the [Social Security Act](/usc/45/231.md?p=n) [[42 U.S.C. 301](/usc/42/301.md) et seq.] on December 31, 1974, or an eligibility requirement imposed by [section 231a of this title](/usc/45/231a.md) of a kind which was imposed by the [Social Security Act](/usc/45/231.md?p=n) on December 31, 1974, but which was not reduced by the amendment to that Act: Provided further, That the [annuity](/usc/45/231.md?p=p) amounts to which such individuals, spouses, or survivors will be entitled under this subchapter by reason of the provisions of this subsection shall be only such amounts as are determined under the provisions of section [231b(a)](/usc/45/231b.md?p=a), [231c(a)](/usc/45/231c.md?p=a), or [231c(f)](/usc/45/231c.md?p=f), respectively, of this title.
- (b) **Additional eligible beneficiaries—** If title II of the [Social Security Act](/usc/45/231.md?p=n) [[42 U.S.C. 401](/usc/42/401.md) et seq.] is amended at any time after December 31, 1974, to provide monthly insurance benefits under that Act to a class of beneficiaries not entitled to such benefits thereunder prior to January 1, 1975, every [person](/usc/45/231.md?p=l) who is a member of such class of beneficiaries shall be entitled to [annuities](/usc/45/231.md?p=p) under [section 231a of this title](/usc/45/231a.md), in accordance with regulations prescribed by the [Board](/usc/45/231.md?p=i), in an amount equal to the amount of the monthly insurance benefit to which such [person](/usc/45/231.md?p=l) would have been entitled under the [Social Security Act](/usc/45/231.md?p=n) [[42 U.S.C. 301](/usc/42/301.md) et seq.] if service as an [employee](/usc/45/231.md?p=b-1) after December 31, 1936, had been included in the term “[employment](/usc/45/231.md?p=o)” as defined in that Act.
- (c) **Reduced conditions of entitlement; expanded benefits—** If section 226 [[42 U.S.C. 426](/usc/42/426.md)] or title XVIII [[42 U.S.C. 1395](/usc/42/1395.md) et seq.] of the [Social Security Act](/usc/45/231.md?p=n) is amended at any time after December 31, 1974, to reduce the conditions of entitlement to, or to expand the nature of, the benefits payable thereunder, or if health care benefits in addition to, or in lieu of, the benefits payable under such section 226 or such title XVIII are provided by any provision of law which becomes effective at any time after December 31, 1974, such reductions in the conditions of entitlement to benefits, such expanded benefits, or such additional, or substituted, health care benefits shall be available to every [employee](/usc/45/231.md?p=b-1) (as defined in this subchapter), and those deriving from him, in the same manner, and to the same extent, as if his service as an [employee](/usc/45/231.md?p=b-1) after December 31, 1936, had been included in the term “[employment](/usc/45/231.md?p=o)” as defined in the [Social Security Act](/usc/45/231.md?p=n) [[42 U.S.C. 301](/usc/42/301.md) et seq.]. The [Board](/usc/45/231.md?p=i) shall have the same authority, in accordance with regulations prescribed by it, to determine the rights of [employees](/usc/45/231.md?p=b-1) who will have completed ten [years of service](/usc/45/231.md?p=f-1) (or five or more [years of service](/usc/45/231.md?p=f-1), all of which accrues after December 31, 1995), and of those deriving from such [employees](/usc/45/231.md?p=b-1), to benefits provided by reason of the provisions of this subsection as the [Secretary](/usc/45/1104.md?p=7) of Health and Human Services has with respect to individuals insured under the [Social Security Act](/usc/45/231.md?p=n).
- (d) **Limitations—** Notwithstanding the provisions of subsections [(a)](#a), [(b)](#b), and [(c)](#c) of this section—
  - (1) No [annuity](/usc/45/231.md?p=p) or other benefit shall be payable to any [person](/usc/45/231.md?p=l) on the basis of the [compensation](/usc/45/231.md?p=h-1) and [years of service](/usc/45/231.md?p=f-1) of an individual by reason of the provisions of subsection [(a)](#a), [(b)](#b), or [(c)](#c) of this section if, and to the extent that, such [annuity](/usc/45/231.md?p=p) or other benefit would duplicate a benefit payable to such [person](/usc/45/231.md?p=l) on the basis of such [compensation](/usc/45/231.md?p=h-1) and [years of service](/usc/45/231.md?p=f-1) under a provision of the [Social Security Act](/usc/45/231.md?p=n) [[42 U.S.C. 301](/usc/42/301.md) et seq.], or any other Act of Congress, which becomes effective after December 31, 1974.
  - (2) No [annuity](/usc/45/231.md?p=p) shall be payable to a [person](/usc/45/231.md?p=l) by reason of subsection [(a)](#a) or [(b)](#b) of this section unless the individual upon whose [compensation](/usc/45/231.md?p=h-1) and [years of service](/usc/45/231.md?p=f-1) such [annuity](/usc/45/231.md?p=p) would be based will have (A) completed ten [years of service](/usc/45/231.md?p=f-1) (or five or more [years of service](/usc/45/231.md?p=f-1), all of which accrues after December 31, 1995), and (B) in the case of a survivor, had a current connection with the railroad industry at the time of his death.
  - (3) If the [Social Security Act](/usc/45/231.md?p=n) [[42 U.S.C. 301](/usc/42/301.md) et seq.] is amended after December 31, 1974, to remove any, or all, restriction on the receipt of more than one monthly insurance benefit thereunder, [annuity](/usc/45/231.md?p=p) amounts provided a [person](/usc/45/231.md?p=l) under section [231b(h)](/usc/45/231b.md?p=h), [231c(e)](/usc/45/231c.md?p=e), or [231c(h)](/usc/45/231c.md?p=h) of this title, or under section [204(a)(3)](/usc/42/204.md?p=a-3), [204(a)(4)](/usc/42/204.md?p=a-4), [206(3)](/usc/42/206.md), or [207(3)](/usc/42/207.md) of title II of this Act, shall be reduced (but not below zero) by the amount of any [annuity](/usc/45/231.md?p=p) provided such [person](/usc/45/231.md?p=l) under this subchapter by reason of such amendment.
  - (4) If and to the extent that an [annuity](/usc/45/231.md?p=p) or other benefit payable to a [person](/usc/45/231.md?p=l) by reason of the provisions of subsection [(a)](#a), [(b)](#b), or [(c)](#c) of this section duplicates an [annuity](/usc/45/231.md?p=p) or other benefit then payable to such [person](/usc/45/231.md?p=l) under other provisions of this subchapter, such [annuity](/usc/45/231.md?p=p) or other benefit then payable under other provisions of this subchapter shall be reduced (but not below zero) by the amount of the [annuity](/usc/45/231.md?p=p) or other benefit payable by reason of subsection [(a)](#a), [(b)](#b), or [(c)](#c).

## Source credit

(Aug. 29, 1935, ch. 812, § 19, as restated June 24, 1937, ch. 382, pt. I, 50 Stat. 307, as restated Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88 Stat. 1350; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 107–90, title I, § 103(h), Dec. 21, 2001, 115 Stat. 881.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsecs. (a), (b), (c), and (d)(1), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Titles II and XVIII of the Social Security Act are classified generally to subchapters II (§ 401 et seq.) and XVIII (§ 1395 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Sections 204(a)(3), 204(a)(4), 206(3), 207(3) of title II of this Act, referred to in subsec. (d)(3), are sections 204(a)(3), 204(a)(4), 206(3), 207(3) of title II of Pub. L. 93–445 and are set out as part of a Transitional Provisions note under section 231 of this title.

### Amendments

2001—Subsec. (c). Pub. L. 107–90, § 103(h)(1), inserted “(or five or more years of service, all of which accrues after December 31, 1995)” after “ten years of service”.

Subsec. (d)(2). Pub. L. 107–90, § 103(h)(2), inserted “(or five or more years of service, all of which accrues after December 31, 1995)” after “ten years of service”.

### Statutory Notes and Related Subsidiaries

### Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (c) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

### Effective Date of 2001 Amendment

Amendment by Pub. L. 107–90 effective Jan. 1, 2002, see section 103(j) of Pub. L. 107–90, set out as a note under section 405 of Title 42, The Public Health and Welfare.