Page:United States Statutes at Large Volume 80 Part 1.djvu/614

This page needs to be proofread.

[80 STAT. 578]
PUBLIC LAW 89-000—MMMM. DD, 1966
[80 STAT. 578]

578

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

desire his spouse to receive this annuity. The annuity of the spouse commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the spouse dies or remarries. (c) The annuity of a survivor named under section 8339(j) of this title is 55 percent of the reduced annuity of the retired employee or Member. The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies. (d) If an employee or Member dies after completing at least 5 years of civilian service, the widow or dependent widower of the employee or Member is entitled to an annuity equal to 55 percent of an annuity computed under section 8339(a) - (e) and (h) of this title as may apply with respect to the employee or Member. The annuity of the widow or dependent widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before— (1) the widow or dependent widower dies or remarries; or (2) the dependent widower becomes capable of self-support. (e)(1) If an employee or Member dies after completing at least 5 years of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse, each surviving child who received more than half of his support from the employee or Member is entitled to an annuity equal to the smallest of— (A) 40 percent of the average pay of the employee or Member divided by the number of children; (B) $600; or (C) $1,800 divided by the number of children. If the employee or Member is not survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of— (i) 50 percent of the average pay of the employee or Member divided by the number of children; (ii) $720; or (iii) $2,160 divided by the number of children. (2) The annuity of the child commences on the day after the employee or Member dies. This annuity granted under this subchapter or under the Act of May 29, 1930, as amended from and after February 28, 1948, and the right thereto terminate on the last day of the month before the child— (A) becomes 18 years of age unless incapable of self-support; (B) becomes capable of self-support after age 18; or (C) dies or marries. However, the annuity of a child who is a student as described by subsection (a)(4) of this section terminates on the last day of the month before he— (i) ceases to be such a student; n i) becomes 21 years of age; or (iii) dies or marries. On the death of the surviving spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse or child had not survived the employee or Member. (f) If a Member heretofore or hereafter separated from the service with title to deferred annuity from the F u n d hereafter dies before having established a valid claim for annuity and is survived by a