Page:United States Statutes at Large Volume 71.djvu/430

 394

PUBLIC LAW 85-157-AUG. 21, 1957

[71 S T A T.

from his salary under this section. The receipt of payment of such deductions by such member shall void all annuity rights under this section, unless and until such member shall be reappointed to any department whose members come under this section. If such officer or member is subsequently reappointed to any department whose members come under this section, he shall be required to redeposit the amount of deductions so refunded to him. "(3) In order to facilitate the settlement of the accounts of each member coming under the provisions of this section who dies prior to retirement leaving no survivor entitled to receive an annuity under the provisions of this section, the Commissioners shall pay all deductions for retirement made from the salary of such deceased member to the person or persons surviving at the time of death, in the following order of precedence, and such payment shall be a bar to recovery by any other person of amounts so paid: "First, to the beneficiary or beneficiaries designated in writing by such member, filed with the Commissioners and received by tnem prior to the death of such member; "Second, if there be no such beneficiary, to the child or children of such deceased member and the descendants of deceased children by representation; "Third, if there be none of the above, to the parents of such member, or the survivor of them; "Fourth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased member, or if there be none to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased member. u MEDICAL AND H O S P I T A L SERVICE

"(e) Whenever any member shall become temporarily disabled by injury received or disease contracted in the performance of duty, to such an extent as to require medical or surgical services, other than such as can be rendered by the Commissioners, or to require hospital treatment, the expense of such medical or surgical services, or hospital treatment, shall be paid by the District of Columbia; but no such expense shall be paid except upon a certificate of the Commissioners setting forth the necessity for such services or treatment and the nature of the injury or disease which rendered the same necessary. "RETIREMENT FOR DISABILITY NOT INCURRED I N PERFORMANCE OF DUTY

"(f) Whenever any member coming under this section completes five years of police or fire service and is found by the Commissioners to have become disabled due to injury received or disease contracted other than in the performance of duty, which disability precludes further service with his department, such member shall be retired on an annuity computed at the rate of 2 per centum of his basic salary at the time of retirement for each year or portion thereof of his service: Provided, That such annuity shall not exceed 70 per centum of his basic salary at time of retirement: Provided further, That the annuity of a member retiring under this subsection shall be at least 40 per centum of his basic salary at time of retirement. "RETIREMENT FOR DISABILITY INCURRED WHILE PERFORMING DUTY

" (g) Whenever any member is injured or contracts a disease in the performance of duty or such injury or disease is aggravated by such duty at any time after appointment and such injury or disease or aggravation permanently disables him for the performance of duty.

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