Page:United States Statutes at Large Volume 79.djvu/1170

 1130 Widow survivor benefits.

Payments to retirement fund.

Installment provision. Deferred annuity.

39 Stat. 742; 63 Stat. 854. 5 USC 751 note.

PUBLIC LAW 89-308-OCT. 31, 1965

[79 STAT.

(1) An annuitant who at time of retirement was married to a wife who is still living (and to whom he is married on the date of enactment of this Act), and for whom he has not elected a widow survivor benefit before such date of enactment, may, within one hundred and twenty days after such date of enactment, elect to provide a widow survivor benefit of $2,400 per annum. The annuity of an annuitant who makes an election under this paragraph shall be reduced by $300 per annum. (2) An annuitant who at time of retirement was married to a wife who is still living (and to whom he is married on the date of enactment of this Act) and for whom he has elected, before such date of enactment, a widow survivor benefit of less than $2,400 per annum, may, within one hundred and twenty days after such date of enactment, elect to provide a widow survivor benefit of $2,400 per annum. The annuity of an annuitant who makes an election under this paragraph shall be reduced by $300 per annum in lieu of any reductions of his annuity in effect on the date of enactment of this Act because of elections made by him before such date of enactment in connection with the provision of a widow survivor annuity. (b) If an annuitant referred to in paragraph (a)(1) or (a)(2) of this section dies within one hundred and twenty days after the date of enactment of this Act, without having made an election under such paragraph (a)(1) or (a)(2), his surviving widow shall be paid the greater of— (1) $2,400; or (2) the annuity to which she may be entitled from the Foreign Service retirement and disability fund as his widow under any provision of law in effect on the date of the death of the annuitant. (c) Notwithstanding the foregoing provisions of this section, each annuitant who makes an election under paragraph (1) of subsection (a) shall pay into the Foreign Service retirement and disability fund an amount equal to the amount by which (A) the total annuity received by the annuitant prior to the effective date of any adjustment in his annuity pursuant to such election exceeds (B) the total annuity which he would have received prior to such date had he elected a survivor annuity of $2,400 per annum at the time of such retirement. The Secretary of State may permit the payment required by this subsection to be made in installments of not less than $25 per month. SEC. 3. If a former participant whose service as a class 4 Foreign Service officer was terminated prior to October 16, 1960, and who elected a deferred annuity, dies before becoming eligible to receive an annuity, the benefit of the surviving widow, if she was eligible under the terms of the law in effect upon his separation from the Service, shall not be less than $2,400 per annum. SEC. 4. I n any case in which an annuitant who retired prior to October 16, 1960, dies before the date of enactment of this Act, leaving a widow to whom he was married at time of retirement who is not entitled to receive an annuity under the Foreign Service retirement and disability system, and who is not receiving benefits as a widow under the Federal Employees' Compensation Act, the Secretary of State shall grant such widow, whether remarried or not, an annuity of $2,400 per annum.

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