Page:United States Statutes at Large Volume 81.djvu/251

This page needs to be proofread.

[81 STAT. 217]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 217]

81

STAT.]

PUBLIC LAW 90-83-SEPT. 11, 1967

" (2) The annuity of a child under this subchapter or under the Act of May 29, 1930, as amended from and after February 28, 1948, com- 62'^stat^48*^^' mences on the day after the employee or Member dies, or commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by subsection (a)(4) of this Ante, p. 216. section, if any lump sum paid is returned to the Fund. This annuity and the right thereto terminate on the last day of the month before the child— " (A) becomes 18 years of age unless he is then a student as described or incapable of self-support; " (B) becomes capable of self-support after becoming 18 years of age unless he is then such a student; " (C) becomes 22 years of age if he is then such a student and capable of self-support; " (D) ceases to be such a student after becoming 18 years of age unless he is then incapable of self-support; or " (E) dies or marries; whichever first occurs. 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."; and (E) by inserting the following new subsection after subsection (f): " (g) I n the case of a surviving spouse whose annuity under this section is terminated after July 18, 1966, because of remarriage before becoming 60 years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if— " (1) the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage; and "(2) any lump sum paid on termination of the annuity is returned to the Fund." (81) Section 8342 is amended— so Stat. 579. (A) by amending subsection (a) by striking out the words "not within the purview of" afl|i inserting "in which he does not continue subject to " in place thereof; (B) by amending the first order of precedence in subsection (c) to read as follows: "First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Commission before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect."; and (C) by inserting at the end of subsection (c) the following new flush sentence: "For the purpose of this subsection, 'child' includes a natural child and an adopted child, but does not include a stepchild." (82) Section 8343(a)(1) is amended by striking out the words "not within the purview of" and inserting "in which he does not continue subject to " m place thereof. (83) Section 8344 is amended— (A) by amending the third sentence of subsection (a) by inserting the words ", except for lump-sum leave payment purposes under section 5551 of this title" after the word "pay"; ^° ^*°*- '*ss(B) by amending the penultimate sentence in subsection (a) to read as follows: "Notwithstanding the restrictions contained in 42 section 115 of the Social Security Amendments of 1954 (68 Stat. note. u s e 410

217