Page:United States Statutes at Large Volume 80 Part 1.djvu/618

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[80 STAT. 582]
PUBLIC LAW 89-000—MMMM. DD, 1966
[80 STAT. 582]

582

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

aration as a Member in an appointive position in which he is within the purview of this subchapter, is entitled, if he so elects, to have his Member annuity computed or recomputed as if the service had been performed before his separation as a Member and the annuity as so computed or recomputed is effective— (A) the day Member annuity commences; or (B) the day after the date of separation from the appointive position; whichever is later; (2) if the retired Member becomes employed after December 31, 1958, in an appointive position on an intermittent-service basis— (A) his annuity continues during the employment and is not increased as a result of service performed during that employment; (B) retirement deductions may not be withheld from his pay; (C) an amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay; and (D) the amounts so deducted shall be deposited in the Treasury of the United States to the credit of the F u n d; (3) if the retired Member becomes employed after December 31, 1958, in an appointive position without pay on a full-time or substantially full-time basis, his annuity continues during the employment and is not increased as a result of service performed during the employment; and (4) if the retired Member takes office as Member and gives notice as provided by section 8331(2) of this title, his service as Member during that period shall be credited in determining his right to and the amount of later annuity. This subsection does not apply to a Member appointed by the President to a position not requiring confirmation by the Senate. §8345. Payment of benefits; commencement, termination, and waiver of annuity (a) Each annuity is stated as an annual amount, one-twelfth of which, fixed at the nearest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued. (b) Except as otherwise provided, the annuity of an employee or Member commences on the day after he is separated from the service, or on the day after his pay ceases and he meets the service and the age or disability requirements for title to annuity. An annuity payable from the Fund allowed after September 5, 1960, commences on the day after the occurrence of the event on which payment thereof is based. (c) The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs. (d) An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Civil Service Commission. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect. (e) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is con-