Page:United States Statutes at Large Volume 72 Part 1.djvu/261

 72 S T A T. ]

219

PUBLIC LAW 86-466-JUNE 26, 1968

SEC. 2. The unremarried widow or widower of an employee— (1) who had completed at least ten years of service creditable for civil service retirement purposes, (2) who died before February 29, 1948, and (3) who was at the time of his death (A) subject to an Act under which annuities granted before February 29, 1948, were or are now payable from the civil service retirement and disability fund or (B) retired under such an Act, shall be entitled to receive an annuity. In order to qualify for such annuity, the widow or widower shall have been married to the employee for at least five years immediately prior to his death and must be not entitled to any other annuity from the civil service retirement and disability fund based on the service of such employee. Such annuity shall be equal to one-half of the annuity which the employee was receiving on the date of his death if retired, or would have been receiving if he had been retired for disability on the date of his death, but shall not exceed $760 per annum and shall not be increased by the provisions of this or any other prior law. Any annuity granted under this section shall cease upon the death or remarriage of the widow or widower. SEC. 3. (a) An increase in annuity provided by subsection (a), or clause (1) of subsection (b), of the first section of this Act shall take effect on August 1, 1958. An increase in annuity provided by clause (2) of such subsection (b) shall take effect on the commencing date of the survivor annuity. (b) An annuity provided by section 2 of this Act shall commence on August 1, 1958, or on the first day of the month in which application for such annuity is received in the Civil Service Commission, whichever occurs later. (c) The monthly installment of each annuity increased or provided by this Act shall be fixed at the nearest dollar. SEC. 4. The annuities and increases in annuities provided by the preceding sections of this Act shall be paid from the civil service retirement and disability fund. Such annuities and increases in annuities shall terminate for each fiscal year beginning on or after July 1, 1960, for which an appropriation shall not have been made by the Congress to compensate such fund for the cost, as determined by the Civil Service Commission, of such annuities and increases in annuities for such fiscal year. For any fiscal year for which such appropriation shall not have been made, the preceding sections of this Act shall not be in effect and annuities and increases in annuities shall be determined and paid as though such sections had not been enacted. Nothing contained in this section shall be held or considered to prevent the payment of annuities and increases in annuities provided by the preceding sections of this Act for any fiscal year for which the Congress shall have made such appropriation. SEC. 5. (a) The amendments made by section 401 of the Civil Service Retirement Act Amendments of 1956 (70 Stat. 743-760; 5 U.S.C. 2251-2267) may apply at the option of any employee who, prior to July 31, 1956, was separated from the service under the automatic separation provisions of the Civil Service Retirement Act but whose separation would not have taken effect until after July 30, 1956, if he had been permitted to remain in the service until the expiration of any accumulated or current accrued annual leave to his credit at the time of his separation from the service. Such option shall be exercised by a writing received in the Civil Service Commission before January 1, 1959.

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Effective date*.

Payment.

Appropriationa.

Option.

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