Page:United States Statutes at Large Volume 49 Part 1.djvu/1949

 1904 7 4TH C ONGRESS. SESS. II. CH. 754. JUNE 24, 1936. files and other papers which are not needed or useful in the transac- tion of the current business of the Panama Canal and have no permanent value or historical interest ." SEC. 2 . That the first paragraph of subsection (b) of section 94 of title 2, Canal Zone Code, is amended to read as follows Disabilit y retirem ent "(b) Any employee to whom this article applies who shall have of employees. Annuities. served for a total period of not less than five years, and who, before becoming eligible for retirement under the conditions defined in section 92 of this title, shall have become totally disabled for usef ul and efficient service in the grade or class of position occupied by the empl oyee, by reaso n of dise ase or in jury not due to vi ciou s hab its, intemperance, or willful misconduct on the part of the employee, shall upon his own application or upon request or order of the Gov- ernor of the Panama Canal, be retired on an annuity computed in Proof Proof o. of conduct, accordance with the provisions of section 96 of this title : Provided , That proof of freedom from vicious habits, intemperance, or willful misconduct for a period of more than five years next prior to becom- claims previously ing so disabled fo r useful and efficient ser vice, shall not be requir ed d isallowed. in any case ; and any claim heretofore disallowed under this section by reason of the requirement of such proof with respect to a longer period than five years, shall upon request of the applicant be rein- stated, and shall thereupon be redetermined under the provisions of the section as herein amended ." SEC. 3 . That paragraph (c) of section 101 of title 2, Canal Zone Death of annuita nt . Code, is amended to read as follows Return of amount "(c) In case an annuitant shall die without having received in remaining to credit, etc annu ities p urchased by the employe e's con tributio ns as p rovided in. paragraph (2) of section 96 of this title an amount equal to the total amount to his credit at time of retirement, the amount remaining to his credit and any accrued annuity shall be paid, upon the establish- Payments, prece- ment of a valid claim therefor, in the following order of precedence : dence. "First, to the beneficiary or beneficiaries designated in writing by such annuitant and recorded on his individual account ; "Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such annuitant ; "Third, if there be no such beneficiary, or executor or administra- tor, paymen t may be made, after th e expir ation of thirty days fr om the date of the death of the annuitant, to such person or persons as may appear in the judgment of the Civil Service Commission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person . Annuitant having "In the case of an annuitant who has elected to receive an increased elected to receive in- creased annuit y. annuity as provided in section 96 of this title, the amount to be paid under the provisions of this paragraph shall be only the accrued annuity ." SEC . 4. That paragraph (d) of section 101 of title 2 of the Canal Zone Code is amended to read as follows before pretirement, et c . "(d) In case an employee shall die without having attained eligi- bility for retirement or without having established a valid claim for annuity, the total amount of his deductions with interest thereon shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence Payment`" prece- "First to the , b enefi ciar y or bene ficia ries desi gnat ed in wri ting b y den ce. such employee and recorded on his individual account ; "Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such employee ; "Third, if there be no such beneficiary o r executor or administrat or, payment may be made, after the expiration of thirty days from the date of the death of the employee, to such person or persons as