Page:United States Statutes at Large Volume 106 Part 4.djvu/487

 PUBLIC LAW 102-496-OCT. 24, 1992 106 STAT. 3223 ment annuity in the mecintime, the annuitant's reinstated disabihty annuity shall be substituted for it unless the annuitant elects to retain the former benefit. "(e) COORDINATION OF BENEFITS.— "(1) WORKERS' COMPENSATION. —A participant is not entitled to receive for the same period of time— "(A) an annuity under this title, and "(B) compensation for injury to, or disability of, such participant under subchapter I of chapter 81 of title 5, United States Code, other than compensation payable under section 8107 of such title. "(2) SURVIVOR ANNUITIES. — An individual is not entitled to receive an annuity under this title and a concurrent benefit under subchapter I of chapter 81 of title 5, United States Code, on account of the death of the same person. "(3) GREATER BENEFIT.—Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this title or subchapter I of chapter 81 of title 5, United States Code. "(f) OFFSET FROM SURVIVOR AJJNUITY FOR WORKERS' COMPENSA- TION PAYMENT.— "(1) REFUND TO DEPARTMENT OF LABOR.— I f an individual is entitled to an annuity under this title and the individual receives a lump-sum payment for compensation under section 8135 of title 5, United States Code, based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Secretary of Labor, shall be refunded to the Department for credit to the Employees' Compensation Fund. Before the individual may receive the annuity, the individual shall— "(A) refund to the Secretary of Labor the amount representing the commuted compensation payments for the extended period; or "(B) authorize the deduction of the amount from the annuity. "(2) SOURCE OF DEDUCTION. — Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Secretary for reimbursement to the Employees' Compensation Fund. "(3) PRORATING DEDUCTION.— If the Secretary finds that the financial circumstances of an individual entitled to an annuity under this title warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Secretary determines appropriate. 'SEC. 232. DEATH IN SERVICE. 50 USC 2052. "(a) RETURN OF CONTRIBUTIONS WHEN NO ANNUITY PAYABLE. — If a participant dies and no claim for an annuity is payable under this title, the participant's lump-sum credit and any voluntary contributions made under section 281, with interest, shall be paid in the order of precedence shown in section 241(c). "(b) SURVIVOR ANNUITY FOR SURVIVING SPOUSE OR FORMER SPOUSE. —

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