Page:United States Statutes at Large Volume 100 Part 1.djvu/576

 100 STAT. 540

PUBLIC LAW 99-335—JUNE 6, 1986

ficiary in a will or other document not so executed and filed has no force or effect. "Second, if there is no designated beneficiary, to the widow or widower of the employee or Member. "Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation. "Fourth, if none of the above, to the parents of the employee or Member or the survivor of them. "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member. "Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of death of the employee or Member. For the purpose of this subsection, 'child' includes a natural child and an adopted child, but does not include a stepchild. "(e) If an employee or Member, or former employee or Member, dies— "(1) without a survivor, or "(2) with a survivor or survivors and the right of all survivors under subchapter IV terminates before a claim for survivor annuity under such subchapter is filed, the lump-sum credit shall be paid. "(f) If all annuity rights under this chapter (other than under subchapter III of this chapter) based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid. "(g) If an annuitant dies, annuity accrued and unpaid shall be paid. "(h) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor shall be paid in the following order of precedence, and the payment bars recovery by any other person: "First, to the duly appointed executor or administrator of the estate of the survivor. "Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor, to such next of kin of the survivor as the Office determines to be entitled under the laws of the domicile of the survivor at the date of death. 5 USC 8425.

"§ 8425. Mandatory separation "(a) An air traffic controller who is otherwise eligible for immediate retirement under section 8412(e) shall be separated from the service on the last day of the month in which that air traffic controller becomes 56 years of age or completes 20 years of service if then over that age. The Secretary, under such regulations as the Secretary may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires.

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