Page:United States Statutes at Large Volume 84 Part 1.djvu/564

 506

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

of his years of judicial service and his Member, congressional emjiloyee, and his military service allowable under subsection (a); and "(2) three-fourths of 1 per centum of such average annual salary multiplied by his years of all other civilian service allowable under subsection (a). A survivor annuity shall not exceed 44 per centum of the average annual salary described in paragraph (1) of this subsection and shall be subject to reduction as provided in section 11-1567 (c). "§ 11-1569. Survivor annuity; payment; order of precedence " (a) Survivor annuities shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity shall have accrued. "(b) In any case in which— "(1) a judge who has elected survivor annuity shall die (A) while in regular active service after having rendered five years of allowable service as provided in section 11-1568 (a) or while receiving retirement salary under this subchapter but without a survivor or survivors entitled to annuity under section 11-1568 (c) or (B) while in regular active service but before having rendered five years of allowable service; or "(2) the right of all persons entitled to an annuity under section 11-1568(c) based on the service of the judge shall terminate before a valid claim therefor shall have been established; the lump-sum credit shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence, and such payment shall be a bar to recovery by any other person: "First, to the beneficiary or beneficiaries whom the judge may have designated in writing to the Commissioner prior to the judge's death; "Second, if there be no such beneficiary, to the widow or widower of the judge; "Third, if none of the above, to the child or children of the judge and the descendants of any deceased children by representation; "Fourth, if none of the above, to the parents of the judge or the survivor of them; "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of such judge; "Sixth, if none of the above, to such other next of kin of the judge as may be determined by the Commissioner to be entitled under the laws of the domicile of the judge at the time of his death. Determination as to the widow, widower, or child of a judge for purposes of this subsection shall be made by the Commissioner without regard to the definitions in section 11-1561. "(c) In any case in which the annuities of all persons entitled to annuity based upon the service of a judge shall terminate before the aggregate amount of annuity paid (together with any amounts received by the judge as retirement salary) equals the total amount credited to the individual account of the judge, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year, to the date of the death of such judge, the difference shall be paid upon establishment of a valid claim therefor, in the order of precedence prescribed in subsection (b).

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