Page:United States Statutes at Large Volume 122.djvu/371

 12 2 STA T .348PUBLIC LA W 11 0– 181 —J A N .28, 2008 ‘ ‘ (1)Subject t opar a g rap h ( 5 ), a d eath gratu i t y payab l e upo n the death o f a per s on co v ered by subsection (a) shall be paid to or for the living survivor highest on the follo w ing list

‘‘( A ) T hee m ployee ’ s surviving spouse . ‘‘( B ) The employee’s children, as prescribed by para - graph ( 2 ),ine q ual shares. ‘‘( C ) I f designated by the employee, any one or more of the following persons: ‘‘(i) The employee’s parents or persons in loco parentis, as prescribed by paragraph ( 3 ). ‘‘(ii) The employee’s brothers. ‘‘(iii) The employee’s sisters. ‘‘( D ) The employee’s parents or persons in loco parentis, as prescribed by paragraph (3), in equal shares. ‘‘( E ) The employee’s brothers and sisters in equal shares. Subparagraphs (C) and (E) of this paragraph include brothers and sisters of the half blood and those through adoption. ‘‘(2) P aragraph (1)(B) applies, without regard to age or marital status, to — ‘‘(A) legitimate children ‘‘(B) adopted children; ‘‘(C) stepchildren who were a part of the decedent’s household at the time of death; ‘‘(D) illegitimate children of a female decedent; and ‘‘(E) illegitimate children of a male decedent— ‘‘(i) who have been ac k nowledged in writing signed by the decedent; ‘‘(ii) who have been judicially determined, before the decedent’s death, to be his children; ‘‘(iii) who have been otherwise proved, by evidence satisfactory to the employing agency, to be children of the decedent; or ‘‘(iv) to whose support the decedent had been judicially ordered to contribute. ‘‘(3) Subparagraphs (C) and (D) of paragraph (1), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before the decedent became an employee. H owever, only one father and one mother, or their counterparts in loco parentis, may be recogni z ed in any case, and preference shall be given to those who e x ercised a parental relationship on the date, or most nearly before the date, on which the decedent became an employee. ‘‘( 4 ) Beginning on the date of the enactment of this para- graph, a person covered by this section may designate another person to receive not more than 5 0 percent of the amount payable under this section. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments up to the maximum of 50 percent, that the des- ignated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with subparagraphs (A) through (E) of paragraph (1). Ef f ectiv e da te .

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