Page:United States Statutes at Large Volume 83.djvu/876

 848

PUBLIC LAW 91-185-DEC. 30, 1969

Unused sick leave credit

50 USC 403 "°te'

78 Stat.

1046.

[83 STAT.

if the surviving wife or husband, immediately before such remarriage, was receiving an annuity from the Central Intelligence Agency Retirement and Disability Fund. The annuity of a surviving spouse terminated as a result oi remarriage which occurred prior to age sixty and on or after July 18, 1966, shall be restored at the same rate commencing on the day the remarriage is dissolved by death, annulment, or divorce, if— "(1) the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this or another retirement system for Government employees, by reason of the remarriage; and "(2) any lump sum paid on termination of the annuity is returned to the fund. No annuity shall be paid by reason of this paragraph for any period prior to October 20, 1969. No annuity shall be terminated solely by reason of the enactment of this paragraph."; and (e) by adding new paragraph (h): ^^ (h) In computing an annuity under this section the service credit i

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of a participant who retires, except under section 231, on an immediate annuity or dies leaving a survivor or survivors entitled to annuity includes, without regard to the limitations imposed by paragraph (a), the days of unused sick leave to his credit under a formal leave system, except that these days will not be counted in determining average basic salary or annuity eligibility. The contribution specified in section 252 shall not be required for days of unused sick leave credited under this paragraph.". SEC. 3. Section 231(a) of the Central Intelligence Agency Eetirement Act (50 U.S.C. 403 note) is amended by striking ", but this provision shall not increase the annuity of any survivor" from the last sentence. SEC. 4. (a) Section 232(b) of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) is amended: (1) by striking "five years" and inserting "eighteen months" (2) by inserting, after "221(a)", ", except that the computation of the annuity of the participant under such section shall be at least the smaller of (i) 40 per centum of the participant's average basic salary, or (ii) the sum obtained under such section after increasing the participant's service of the type last performed by the difference between his age at the time of death and age sixty"; and (3) by striking "remarriage of the widow or dependent widower" and inserting "upon remarriage prior to attaining age sixty of the widow or dependent widower (subject to the payment and restoration provisions of section 221(g)) ". (b) Sections 232(c) and (d) are amended by striking "five years" and inserting "eighteen months".

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