Marr v. Railroad Retirement Board

DOBIE, Circuit Judge.

This is an appeal from a decision of the Railroad Retirement Board denying the petitioner’s application for an annuity under the Railroad Retirement Act of 1937, 45 U.S.C.A. §§ 228a-228s, as amended, 45 U.S.C.A. §§ 228a-228y. The pertinent provisions of the Act are found in Sections 2(a) 4 and 2(a) 5, 45 U.S.C.A. §§ 228b(a) 4 and 228b(a) 5.

Section 2(a) 4 provides annuities for otherwise qualified:

“Individuals having a current connection with the railroad industry, and whose permanent physical or mental condition is such as to be disabling for work in their regular…