PUBLIC LAW 99-335—JUNE 6, 1986
100 STAT. 561
"(f)(1) Subject to paragraph (4), a survivor who is entitled to an annuity under subsection (a) shall also be entitled to a supplementary annuity under this subsection. "(2) A supplementary annuity under this subsection shall be equal to the lesser of— "(A) the amount by which the survivor's assumed CSRS annuity exceeds the annuity payable to such survivor under subsection (a); or "(B) the amount determined under paragraph (3). "(8)(A) Except as provided in subparagraph (B), the amount under this paragraph for a survivor is the amount of widow's or widower's insurance benefits which would be payable to such survivor under title II of the Social Security Act (without regard to sections 202(e)(7), 202(0(2), and 203 of such Act) based on the wages and selfemployment income of the deceased annuitant, and determined— "(i) as of the date on which the annuitant died; and "(ii) as if the survivor had attained age 60 and made application for those benefits under subsection (e) or (f) of section 202 of such Act, as the case may be. "(B) Any computation or determination under this paragraph shall be made in accordance with the applicable provisions of the Social Security Act, except that in computing any primary insurance amount under section 215 of such Act for purposes of determining an amount under this subsection, subparagraphs (A) and (C) of section 842103)(2) shall apply. "(4) A supplementary annuity under this subsection— "(A) shall be payable to a survivor only for calendar months ending before the calendar month in which such survivor first satisfies the minimum age requirement under section 202(e)(l)(B)(i) or 202(f)(l)(B)(i) of the Social Security Act, as the case may be; "(B) shall not be payable to a survivor who would not be entitled to benefits under subsection (e) or (f) of section 202 of the Social Security Act based on the wages and self-employment income of the deceased annuitant (determined, as of the date of the annuitant's death, as if the survivor had attained age 60 and made appropriate application for benefits, but without regard to any restriction under either such subsection relating to remarriage); and "(C) shall not be payable to a survivor for any calendar month in which such survivor is entitled (or would, on proper application, be entitled) to benefits under section 202(g) of the Social Security Act (relating to mother's and father's insurance benefits), or under section 202(e) or (f) of such Act by reason of having become disabled, based on the wages and selfemployment income of the deceased annuitant. "(5) For the purpose of this subsection, the term 'assumed CSRS annuity', as used in the case of a survivor, means the amount of the annuity to which such survivor would be entitled under subchapter III of chapter 83 of this title based on the service of the deceased annuitant, determined— "(A) as of the day after the date of the annuitant's death; "(B) as if the survivor had made appropriate application therefor; and "(C) as if the service of the deceased annuitant were creditable under such subchapter.
42 USC 401. 42 USC 402, 403.
42 USC 1305. 42 USC 415.
42 USC 402.
Post, pp. 589, 591-593.
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