Page:United States Statutes at Large Volume 60 Part 1.djvu/1050

This page needs to be proofread.


60 STAT.] 79TH[ CONG., 2D SESS.-CH. 957-AUG. 13 , 1946 per centum added thereto, exceed the total amount returned to such participant or to an annuitant claiming through him, in the form of annuities, accumulated at the same rate of interest up to the date the annuity payments cease under the terms of the annuity, the excess of the accumulated contributions over the accumulated annuity pay- ments shall be paid in the following order of precedence, upon the establishment of a valid claim therefor: (1) To the beneficiary or beneficiaries designated by the retired participant in writing to the Secretary; (2) If there be no such beneficiary, to the duly appointed executor or administrator of the estate of the retired participant; (3) If there be no such beneficiary, or executor or administrator, payment may be made to such person or persons as may appear in the judgment of the Secretary to be legally entitled thereto, and such pay- ment shall be a ban to recovery by any other person. (c) No payment shall be made pursuant to paragraph (b) (3) of this section until after the expiration of thirty days from the death of the retired participant or his surviving annuitant. PART F--PRIOD OF SERVICE FOR ANNivTIEm COMPUTATION OF LENGTI OF SERVICE SEC. 851. For the purposes of this title, the period of service of a participant shall be computed from the effective date of appointment as Foreign Service officer, or, if appointed prior to July 1, 1924, as diplomatic secretary, consul general, consul, vice consul, deputy con- sul, consular assistant, consular agent, commercial agent, interpreter, or student interpreter, and shall include periods of service at different times as either a diplomatic or consular officer, or while on assignment to the Department, or while on special duty or service in another department or establishment of the Government, or while on any assignment in accordance with the provisions of part H of title V, but all periods of separation from the Service and so much of any leaves of absence as may exceed six months in the aggregate in any calendar year shall be excluded, except sick leaves of absence for illness or injury incurred in the line of duty, with or without pay, and leaves of absences granted participants while performing active military or naval service in the Army, Navy, Marine Corps, or Coast Guard of the United States. PRIOR SERVICE CREDIT SEC. 852. (a) A participant may, subject to the provisions of this section, include in his period of service- (1) service performed as a civilian officer or employee of the Government prior to becoming a participant; and (2) active military or navar service in the Army, Navy, Marine Corps, or Coast Guard of the United States. (b) A person may obtain credit for prior service by making a special contribution to the Fund equal to 5 per centum of his annual salary for each year of service for which credit is sought subsequent to July 1, 1924, with interest thereon to date of payment compounded annually at 4 per centum. Any such participant may, under such conditions as may be determined in each instance by the Secretary, pay such special contributions in installments during the continuance of his service. (c) Nothing in this Act shall be construed so as to affect in any manner a participant's right to retired pay, pension, or compensation in addition to the annuities herein provided but no participant may 1023 Order ofprecedence. Ante, p. 1011. Special contribu- tion. Particpant's right to retired pay, etc.