Page:United States Statutes at Large Volume 53 Part 2.djvu/111

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53 STAT.] 76TH CONG. , 1ST SESS.-CH. 84 -APR. 24 , 1939 587 in the following order of precedence, upon the establishment of a valid claim therefor: "First, to the beneficiary or beneficiaries designated in writing by such annuitant or Foreign Service officer and recorded in compliance with instructions of the Secretary of State, which are hereby authorized; "Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such annuitant or Foreign Service officer; "Third, if there be no such beneficiary, or executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of the annuitant or Foreign Service officer, to such person or persons as may appear in the judgment of the Secretary of State to be legally entitled thereto, and such payment shall be a bar to recovery by any other person. Disabled officers "(j) Any Foreign Service officer who, after serving for a total with years offserv- period of not less than fifteen years, becomes totally disabled for ice, retirement. useful and efficient service by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on his part, shall, upon his own application or upon order of the President, be retired on an annuity under paragraph (e) of this section: Provided, how- rovisos. ever, That in each case such disability shall be determined by the Determination of report of a duly qualified physician or surgeon designated by the Secretary of State to conduct the examination: Provided further, That unless the disability be permanent, a like examination shall be Anonal examina- made annually until the annuitant has reached the retirement age as defined in paragraph (d) of this section, and the payment of annuity amnt to cease shall cease from the date of the medical examination showing recovery. "Fees for examinations under this provision, together with reason- examnatonf etc for able traveling and other expenses incurred in order to submit to examination, shall be paid out of the Foreign Service retirement and disability fund. disability fund. . fore the Payment of differ- "When the annuity is discontinued under this provision before the ence between annuity annuitant has received a sum equal to the total amount of his con- re(ived annd total of tributions, with accrued interest, the difference shall be paid to him or to his legal representatives. "(k) The President is authorized from time to time to establish, Tnhealthful posts, establishment of list by Executive order, a list of places which by reason of climatic or of. other extreme conditions are to be classed as unhealthful posts, and lowed for duty at. each year of duty subsequent to January 1, 1900, at such posts inclu- sive of regular leaves of absence, of officers already retired or here- after retired, shall be counted as one year and a half, and so on in like proportion in reckoning the length of service for the purpose of retirement, fractional months being considered as full months in computing such service: Provided, however, That the President may Preaccrued not Credit accrued not at any time cancel the designation of any places as unhealthful with- affected by cancel a - out affecting any credit which has accrued for service at such posts ton ofdesignation prior to the date of the cancelation. "(1) Whenever a Foreign Service officer becomes separated from Return ofcontffib tions, etc. , if officer the service before becoming eligible for an annuity, except under separated from serv- section 33 of this Act, the total amount of contributions from his forannuity;exception. salary with interest thereon at 4 per centum per annum compounded Pos ' P588. annually up to the date of such separation, except as provided in paragraph (c) of this section, shall be returned to him. "(m) The Treasury Department shall prepare the estimates of apEsriatitesofnsa the annual appropriations required to be made to the Foreign Service apprpriation retirement and disability fund, and shall make actuarial valuations Actlarial valuations of such fund at intervals of five years, or oftener if deemed neces- 98907 °-39 - -- rT 2---