Page:United States Statutes at Large Volume 103 Part 1.djvu/650

 103 STAT. 622 PUBLIC LAW 101-94—AUG. 16, 1989 paid to or on behalf of each such child an immediate annuity equal to the lesser of— "(i) 10 percent of the average annual pay of such judge (determined in accordance with subsection (k) of this sec- tion), or "(ii) 20 percent of such average annual pay, divided by the number of such children; or "(C) if the judge is not survived by a surviving spouse but is survived by a dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the lesser of— "(i) 20 percent of the average annual pay of such judge (determined in accordance with subsection (k) of this sec- tion), or "(ii) 40 percent of such average annual pay, divided by the number of such children. "(2) The annuity payable to a surviving spouse under this subsec- tion shall be terminated— "(A) upon the surviving spouse's death; or "(B) upon the remarriage of the surviving spouse before age 55. "(3) The annuity payable to a child under this subsection shall be terminated upon the child's death. "(4) In case of the death of a surviving spouse of a judge leaving a dependent child or children of the judge surviving the spouse, the annuity of such child or children under paragraph (1)(B) of this subsection shall be recomputed and paid as provided in paragraph (1)(C) of this subsection. In any case in which the annuity of a dependent child is terminated, the annuities of any remaining dependent child or children, based upon the service of the same judge, shall be recomputed and paid as though the child whose annuity was so terminated had not survived the judge. "(g) Questions of family relationships, dependency, and disability arising under this section shall be determined in the same manner as such questions arising under chapter 84 of title 5 are determined. "(h)(1) If- "(A) a judge making an election under subsection (b) of this section dies while in office (i) before having rendered 5 years of civilian service computed as prescribed in subsection (1) of this section, or (ii) after having rendered 5 years of such civilian service but without a survivor entitled to annuity benefits provided by subsection (0 of this section; or "(B) the right of all persons entitled to an annuity under subsection (f) of this section based on the service of such judge terminates before a claim for such benefits has been established, the total amount credited to the individual account of such judge (with interest at 3 percent per year, compounded on December 31 of each year, to the date of the death of such judge) shall be paid in the manner specified in paragraph (2) of this subsection. "(2) An amount payable under paragraph (1) of this subsection shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence: "(A) To the beneficiary or beneficiaries whom the judge des- ignated in writing filed before death with the chief judge (except

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