Page:United States Statutes at Large Volume 72 Part 1.djvu/1822

 1780

PUBLIC LAW 85-927-SEPT. 6, 1958

[72 S T A T.

Hoard to be the \vidow or widower of the deceased employee and to have been livinjr with such employee at the time of such employee's death and who will not have died before receiving payment of such lump sum. If there be no such widow or widower, such lump sum shall be paid to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid the expenses of burial of such deceased employee.*'; (2) by striking out "widow, widower, child, or parent" in the fourth sentence and inserting in lieu thereof "widow or widower"; and (8) by striking out all of the fourth sentence beginning with "a payment to any then surviving widow" and inserting in lieu thereof the following: "a payment equal to the amount by which such lump sum exceeds such annuities so accrued after such deductions shall then nevertheless be made under this paragraph to the person (or, if more than one, in equal shares to the persons) first named in the following order of preference: the widow, widower, child, or parent of the employee then entitled to a survivor annuity under this section." 45 USC 228e. (b) Section 5(f)(2) of such Act is amended by striking out "to the person or persons in the order provided in paragraph (1) of this subsection, or in the absence of such person or persons, to his or her estate, a lump sum" and by inserting in lieu thereof the following: "to the following person (or, if more than one, in equal shares to the persons) whose relationship to the deceased employee will have been determined by the Board and who will not have died before receiving payment of the lump sum provided for in this paragraph: " (i) the widow or widower of the deceased employee who was living w'ith such employee at the time of such employee's death; or "(ii) if there be no such widow or M'idower, to any child or children of such employee; or "(iii) if there be no such widow, widower, or child, to any grandchild or grandchildren of such employee; or "(iv) if there be no such widow, widower, child, or grandchild, to any parent or parents of such employee; or "(v) if there be no such widow, widower, child, grandchild, or parent, to any brother or sister of such employee; or "(vi) if there be no such widow, widower, child, grandchild, parent, brother, or sister, to the estate of such employee, a lump sum". 45 USC 228e. ^g) The first sentence of section 5(h) of such Act is amended by striking out "prior to" and inserting in lieu thereof "after". 45use228e. (d) Section 5(i)(3) of such Act is amended (1) by inserting "and" after the semicolon in subparagraph (i); (2) by striking out 42 USC 401-425. all of subparagraph (ii) after "title II of the Social Security Act" and inserting in lieu thereof a period; and (3) by striking out subparagraphs (iii) and (iv). 45 USC 228e. (g) Section 5(k)(3) of such Act is amended— (1) by inserting in the first sentence after "service" the following: ", of determinations under section 3(e) of this Act, or 42 USC 416. section 216(i) of the Social Security Act, of periods of disability within the meaning of such section 216(i), "; (2) by inserting in the first sentence after "this section" the following:", section 3(e) of this Act,"; and (3) by inserting in the second sentence after "therein" the following: " (except in the case of a determination of disability under 42 USC 416. section 216(i) of the Social Security Act)".

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