Page:United States Statutes at Large Volume 110 Part 3.djvu/836

 110 STAT. 2566 PUBLIC LAW 104-201—SEPT. 23, 1996 " (2) COMMENCEMENT OF ANNUITY.— Upon a determination under paragraph (1) with respect to a participant in the Plan, an annuity otherwise payable under this subchapter shall be paid as if the participant died on the date as of which the retired pay of the participant was suspended. " (3) EFFECT OF PERSON NOT BEING DEAD.— "(A) TERMINATION OF ANNUITY. — If, after a determination under paragraph (1), the Secretary concerned determines that the participant is alive— "(i) any annuity being paid under this subchapter by reason of this subsection shall be terminated; and "(ii) the total amount of any annuity payments made by reason of this subsection shall constitute a debt to the United States. "(B) COLLECTION FROM PARTICIPANT OF ANNUITY AMOUNTS ERRONEOUSLY PAID.—^A debt under subparagraph (A)(ii) may be collected or offset— "(i) from any retired pay otherwise payable to the participant; "(ii) if the participant is entitled to compensation under chapter 11 of title 38, from that compensation; or "(iii) if the participant is entitled to any other payment from the United States, from that payment. (C) COLLECTION FROM BENEFICIARY. — I f the participant dies before the full recovery of the amount of annuity payments described in subparagraph (A)(ii) has been made by the United States, the remaining amount of such annuity payments may be collected from the participant's beneficiary under the Plan if that beneficiary was the recipient of the annuity pa3mients made by reason of this subsection. " (a) COMPUTATION OF ANNUITY FOR A SPOUSE, FORMER SPOUSE, OR CHILD.— "(1) STANDARD ANNUITY. —In the case of a standard annuity provided to a beneficiary under section 1450(a) of this title (other than under section 1450(a)(4)), the monthly annuity pay- able to the beneficiary shall be determined as follows: "(A) BENEFICIARY UNDER 62 YEARS OF AGE.— If the beneficiary is under 62 years of age or is a dependent child when becoming entitled to the annuity, the monthly annuity shall be the amount equal to 55 percent of the base amount. "(B) BENEFICIARY 62 YEARS OF AGE OR OLDER.— "(i) GENERAL RULE.—I f the beneficiary (other than a dependent child) is 62 years of age or older when becoming entitled to the annuity, the monthly annuity shall be the amount equal to 35 percent of the base amount. "(ii) RULE IF BENEFICIARY ELIGIBLE FOR SOCIAL SECURITY OFFSET COMPUTATION.— If the beneficiary is eligible to have the annuity computed under subsection (e) and if, at the time the beneficiary becomes entitled to the annuity, computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be
 * § 1451. Amount of annuity

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