Page:United States Statutes at Large Volume 60 Part 1.djvu/757

 PUBLIC LAWS-CH. 709-JULY 31, 1946 been determined by the Board, and who will have been living on the date of such determination: to the widow or widower of the deceased; or, if no such widow or widower be then living, to any child or children of the deceased and to any other person or persons who, under the intestacy law of the State where the deceased will have been domiciled, will have been entitled to share as distributees with such children of the deceased, in such proportions as is pro- vided by such law; or, if no widow or widower and no such child and no such other person be then living, to the parent or parents Person entitled to of the deceased, in equal shares. A person who is entitled to share as distributee with an above-named relative of the deceased shall not be precluded from receiving a payment under this subsection by reason of the fact that no such named relative will have sur- vived the deceased or of the fact that no such named relative of the deceased will have been living on the date of'such determination. If none of the persons described in this subsection be living on the date of such determination, such amount shall be paid to any person or persons, equitably entitled thereto, to the extent and in the pro- portions that he or they shall have paid the expenses of burial of the deceased. If a lump sum would be payable to a widow, child, or parent under this subsection except for the fact that a survivor will have been entitled to receive an annuity for the month in which the employee will have died, but within one year after the employee's death there will not have accrued to survivors of the employee, by reason of his death annuities which, after all deduc- Po", p.731. tions pursuant to paragraph (1) of subsection (i) will have been made, are equal to such lump sum, a payment to any then sur- viving widow, children, or parents shall nevertheless be made under this subsection equal to the amount by which such lump sum FLng of aplication. exceeds such annuities so accrued after such deductions. No pay- ment shall be made to any person under this subsection, unless application therefor shall have been filed, by or on behalf of any such person (whether or not legally competent), prior to the expira- tion of two years after the date of death of the deceased employee, except that if the deceased employee is a person to whom section ap5p. 1S002C. ' V 2 of the Act of March 7, 1942 (56 Stat. 143, 144), is applicable such two years shall run from the date on which the deceased employee, pursuant to said Act, is determined to be dead, and for all other purposes of this section such employee, so long as it does not appear that he is in fact alive, shall be deemed to have died on the date determined pursuant to said Act to be the date or presumptive date of death. "(g) CORRELATION OF PAYMENTS.-(1) An individual, entitled on applying therefor to receive for a month before January 1, 1947, an 42 ust. sc. 1305 insurance benefit under the Social Security Act on the basis of an Supp.V,p 40 etseq. employee's wages, which benefit is greater m amount than would be an annuity for such individual under this section with respect to the death of such employee, shall not be entitled to such annuity. An individual, entitled on applying therefor to any annuity or lump sum under this section with respect to the death of an employee, shall not be entitled to a lump-sum death payment or, for a month beginning on or after January 1, 1947, to any insurance benefits under the Social Security Act on the basis of the wages of the same employee. Widow or chld. "(2) A widow or child, otherwise entitled to an annuity under this section, shall be entitled only to that part of such annuity for a month which exceeds the total of any retirement annuity, and saPw insurance benefit under the Social Security Act to which such widow or child would be entitled for such month on proper application 730 [60 STAT.
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