Page:United States Statutes at Large Volume 80 Part 1.djvu/617

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

(d) A present or former employee or Member is entitled to be paid the voluntary contribution account if he files application for payment with the Commission before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this section until, after a separation from the service of more than 3 calendar days, he again becomes subject to this subchapter. (e) If a present or former employee or Member not retired dies, the voluntary contribution acco]/int is paid under section 8342(c) of this title. If all additional annuities or any right thereto based on the voluntary contribution account of a deceased employee or Member terminate before the total additional annuity paid equals the account, the difference is paid under section 8342(c) of this title. § 8344. Annuities and pay on reemployment (a) If an annuitant receiving annuity from the Fund, except— (1) a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity; (2) an annuitant whose annuity is based on an involuntary separation from the service other than an automatic separation; or (3) a Member receiving annuity from the F u n d; becomes employed after September 30, 1956, or on July 31, 1956 was serving, in an appointive or elective position, his service on and after the date he was or is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay. An amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay. If the annuitant serves on a full-time basis, except as President, for at least 1 year in employment not excluding him from coverage under section 8331(1)(i) or (ii) of t his title— (A) his annuity on termination of employment is increased by an annuity computed under section 8339(a), (b), (d), (g), and (h) of this title as may apply based on the period of employment and the basic pay, before deduction, averaged during that employment; and (B) his lump-sum credit may not be reduced by annuity paid during that employment. If the described employment of the annuitant continues for at least 5 years, he may elect, instead of the benefits provided by this subsection, to deposit in the Fund an amount computed under section 8334(c) of this title covering that employment and have his rights redetermined under this subchapter. A similar right to redetermination after deposit is applicable to an annuitant— (i) whose annuity is based on an involuntary separation from the service; and (ii) who is separated after October 3, 1961, following a period of employment on a full-time basis which began before October 1, 1956. The employment of an annuitant under this subsection does not create an annuity for or affect the annuity of a survivor. (b) If a Member receiving annuity from the Fund becomes employed in an appointive or elective position, annuity payments are discontinued during the employment and resumed in the same amount on termination of the employment, except that— (1) the retired Member or Member separated with title to immediate or deferred annuity, who serves at any time after sep-

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