Page:United States Statutes at Large Volume 75.djvu/841

 76 S T A T. ]

PUBLIC LAW 8 7 - 3 7 0 - O C T. 4, 1961

801

within 6 months after the date of enactment of this section after having rendered at least 5 years of civilian service computed as prescribed in subsection (n), but without having made an election as provided in subsection (b^, an annuity shall be paid to his widow and surviving dependents as is provided in this section, as if such judge had elected on the day of his death to brin^ himself within the purview of this section but had not made the deposit provided for by subsection (d). An annuity shall be payable under this section computed upon the basis of the actual length of service as a judge and other allowable service of the judge and subject to the reduction required by subsection (d) even though no deposit has been made, as required by subsection (h) with respect to any of such service. " (r) WAIVER OF CIVIL, SERVICE BENEFITS.—x\nv judge electing under subsection (b) shall, at the time of such election, waive all benefits under the Civil Service Retirement Act. Such a waiver shall 5 USC?225i^note be made in the same manner and shall have the same force and effect as a waiver filed under section 7447(g)(3). 26 USC 7447. "(s) AUTHORIZATION OF APPROPRIATION.—Funds necessary to carry out the provisions of this section may be ajapropriated out of any money in the Treasury not otherwise appropriated." SEC. 2. The table of sections for part I of subchapter C of chapter 76 of the Internal Revenue Code of 1954 is amended by adding at the end ^^^6 USC p r e c. thereof the following: "Sec. 7448. Annuities to widows and dependent children of judges."

SEC. a. (a) Section 403(b) of the Internal Revenue Code of 1954 (relating to taxability of beneficiaries under annuities purchased by section 501(c)(3) organizations) is amended— (1) by striking out subparagraph (A) of paragraph (1) and inserting in lieu thereof the following: " (A) an annuity contract is purchased— " (i) for an employee by an employer described in section 501(c)(3) which is exempt from tax under section 501(a), or "(ii) for an employee (other than an employee described in clause (i)), who performs services for an educational institution (as defined in section 151(e)(4)), by an employer which is a State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing,"; (2) by striking out "the emploj'^er described in section 501(c)(3) and exempt from tax under section 501(a)," in paragraph (3) and inserting in lieu thereof the following: "the employer described in paragraph (1)(A),"; and (3) by inserting before the period in the heading of such subsection the following: "OR PUBLIC SCHOOL". (b) The amendments made by subsection (a) shall apply with respect to taxable years beginning after December 31, 1957. Approved October 4, 1961.

26 USC 403. ^*^ ^*^*- ^^3.

26 USC 151.

Effective date,

�