Page:United States Statutes at Large Volume 83.djvu/168

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[83 STAT. 140]
[83 STAT. 140]
PUBLIC LAW 91-000—MMMM. DD, 1969

140

Survivor Tostlt.'srs.

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81 Stat. 216.

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Applicability.

l°x^ic^s33i: 8348,

PUBLIC LAW 91-93-OCT. 20, 1969

[83 STAT.

then payment of annuity may be made by reason of this section in such case, beginning as of the effective date of the termination because of the remarriage. gigc. 206. (a) The first sentence of subsection (d) of section 8341 of title 5, United States Code, is amended to read as follows: "If an employee or Member dies after completing at least 18 months 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, except that in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of (i) 40 percent of his average pay, or (ii) the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age." (|3^ Subsection (e)(1) of such section is amended to read as follows: "(e)(1) If an employee or Member dies after completing at least 18 months of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of— " (A) 60 percent of the average pay of the employee or Member divided by the number of children; " (B) $900; or " (C) $2,700 divided by the number of children; subject to section 8340 of this title. 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) 75 percent of the average pay of the employee or Member divided by the number of children; "(ii) $1,080; or _ " (iii) $3,240 divided by the number of children; subject to section 8340 of this title." SEC. 207. (a) The amendments made by sections 201, 202, 203, and 206(a) of this Act shall not apply in the cases of persons retired or otherwise separated prior to the date of enactment of this Act, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted. (b) The amendments made by section 204(a) of this Act to section 8340 of title 5, United States Code, shall apply only to annuity increases which become effective under such section 8340 after the date of enactment of this Act. (c)(1) The amendment made by section 206(b) of this Act shall become effective on the first day of the first month which begins on or after the date of enactment of this Act. (2) The annuity of each surviving child who, immediately prior to the effective date of such amendment is receiving an annuity under section 8341(e) of title 5, United States Code, or under a comparable provision of any prior law, or who hereafter becomes entitled to receive annuity under the Act of May 29, 1930, as amended from and after February 28, 1948, shall be recomputed effective on such date, or computed from commencing date if later, in accordance with such amendment. No increase allowed and in force prior to such date shall be included in the computation or recomputation of any such annuity. This paragraph shall not operate to reduce any annuity. Approved October 20, 1969.