Page:United States Statutes at Large Volume 74.djvu/882

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[74 Stat. 842]
[74 Stat. 842]
PUBLIC LAW 86-000—MMMM. DD, 1960

842 22 USC 1082. Death In Service.

PUBLIC LAW 88-723-SEPT. 8, 1960

[74 S T A T.

SEC. 36. Section 832 of such Act is amended to read as follows: "SEC. 832. (a) I n case a participant dies and no claim for annuityis payable under the provisions of this Act, his contributions to the Fund, with interest at the rates prescribed in sections 841(a) and Post, pp. 8 4 3, 881(a), shall be paid in the order of precedence shown in section 846. 841(b). "(b) If a participant who has at least five years of service credit toward retirement under the System, excluding military or naval service that is credited in accordance with the provisions of section 851 Post, p. 844. or 852(a)(2), dies before separation or retirement from the Service and is survived by a widow or a dependent widower, as defined in Ante, p. 838. section 804, such widow or dependent widower shall be entitled to an annuity equal to 50 per centum of the annuity computed in accordance with the provisions of paragraph (e) of this section and of section Ante, p. 839. 821(a). The annuity of such widow or dependent widower shall commence on the date following death of the participant and shall terminate upon death of the widow or dependent widower, or upon the dependent widower's becoming capable of self-support. " (c) If a participant who has at least five jears of service credit toward retirement under the System, excluding military or naval service that is credited in accordance with the provisions of section 851 or 852(a)(2), dies before separation or retirement from the Service and is survived by a wife or a husband and a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of section 821(c)(1). The child's annuity shall begin and be terminated in accordance with the provisions of section 821 (e). Upon the death of the surviving wife or husband or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though such wife or husband or child had not survived the participant. "(d) If a participant who has at least five jears of service credit toward retirement under the System, excluding military or naval service that is credited in accordance with the provisions of section 851 or 852(a)(2), dies before separation or retirement from the Service and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with the provisions of section 821(c)(2). The child's annuity shall begin and terminate in accordance with the provisions of section 821(e). Upon termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though that child had never been entitled to the benefit. "(e) If, at the time of his or her death^ the participant had less than twenty years of service credit toward retirement under the System, the annuities payable in accordance with paragraph (b) of this section shall be computed in accordance with the provisions of section 821 on the assumption he or she has had twenty years of service, but the additional service credit that may accrue to a deceased participant under this provision shall in no case exceed the difference between his or her age on the date of death and the mandatory retirement age applicable to his or her class in the Service. In all cases arising under paragraphs (b), (c), (d), or (e) of this section, it shall be assumed that the deceased participant was qualified for retirement on the date of his death.'* SEC. 37. A new section 834 is hereby added to such Act as follows: