Page:United States Statutes at Large Volume 71.djvu/432

 396

PUBLIC LAW 85-157-AUG. 21, 1957

[71 STAT,

a RECO\T:RY FROM DISABILITY OR RESTORATION TO EARNING CAPACITY

" (j)(1) If any annuitant retired under subsection (f) or (g),before reaching the age of fifty-five, recovers from his disability or is restored to an earning capacity fairly comparable to the current rate of compensation of the position occupied at the time of retirement, payment of the annuity shall cease (1) upon reemployment in the department from which he was retired, (2) one year from the date of the medical examination showing such recovery, or (3) one year from the date of determination that he is so restored, whichever is earliest. Earning capacity shall be deemed restored if in each of two succeeding calendar years the income of the annuitant from wages or self-employment or both shall be equal to at least 80 per centum of the current rate of compensation of the position occupied immediately prior to retirement. Nothing in thir subsection shall preclude such member from having an annuity reestablished if his disability recurs, or when his earning capacity is less than 80 per centum of the rate of compensation of the position occupied immediately prior to retirement for any full year thereafter: Provided, That whenever any member is reinstated with his respective department it shall be at the same grade or rank held by the member at the time of his retirement. "(2) When an annuitant recovers prior to age fifty-five from a disabling condition for which he has been retired, and applies for reinstatement in the department from which he was retired, he shall be reinstated in the same or nearest equivalent grade and salary available as that received at the time of his separation from the service: Provided, That such applicant meets the current entrance requirements of such department as to character. "SURVIVOR ANNUITIES

" (k)(1) In case of the death of any member before retirement, or of any former member after retirement, leaving a widow or dependent widower, such widow or dependent widower shall be entitled to receive an annuity in the greater amount of (1) $1,800, or (2) 30 per centum of such member's basic salary at the time of death, or 30 per centum of the basis upon which the annuity, relief, or retirement compensation being received by such former member at the time of death was computecT. Such annuity shall begin on the first day of the month in which the member or former member dies, and such annuity or any right thereto shall terminate upon the survivor's death or remarriage. If such member or former member is survived by a wife or husband, each surviving child shall be entitled to receive an annuity equal to the smallest of (1) 40 per centum of such member's basic salary at the time of death, or 40 per centum of the basis upon which the annuity, relief, or retirement compensation being received by such former member at the time of death was computed, divided by the number of children, (2) $600; or (3) $1,800 divided by the number of children. If such member or former member is not survived by a wife or husband, each surviving child shall be paid an annuity equal to the smallest of (1) 50 per centum of the member's basic salary at the time of death, or 50 per centum of the basis upon which the annuity, relief, or retirement compensation being received by such former member at the time of death was computed, divided by the number of children, (2) $720; or (3) $2,160 divided by the number of children. The annuity of any child under this subsection shall begin

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