Page:United States Statutes at Large Volume 84 Part 1.djvu/71

 84 STAT. ]

PUBLIC LAW 91-201-FEB. 28, 1970

19

SEC. 204. (a) Section 851 of such Act (22 l;.S.(\ 1091) is amended 74 Stat. 844. (1) by inserting "(a)'" immediately after ' ' SEC. 851."-, and (2) by striking out "the Federal Employees' Compensation Act of September 7, 1916^ as amended" and inserting in lieu thereof "subchapter 1 of chapter 81 of title 5,1'nited States Code*'. so Stat. 531. (b) Section 851 of such Act is further amended by adding at the 81^50"^^ ^^°^' end thereof the following new subsection: unused sick "(b) In computing any annuity under this title, the total service i^ave credit. of a participant who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes, without regard to the thirty-five-year limitation imposed by section 821(a), the days of unused sick leave to his credit except that these days will not be counted in determining average basic salary or annuity eligibility under this title. A contribution to the Fund shall not be required from a participant for this service credit." SEC. 205. Section 882 of such Act (22 U.S.C. 1121) is amended to cost-owiving 1

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read as Toliows: "SEC. 882. (a) Effective the first day of the third month which begins after the date of enactment of the Foreign Service Act Amendments of 1969 (hereafter in this section referred to as 'this amendment'), each annuity payable from the Fund which has a commencing date not later than such effective date shall be increased by 1 per centum plus the per centum rise in the price index adjusted to the nearest one-tenth of 1 per centum, determined by the Secretary on the basis of the increase in the price index for the month latest published on the date of enactment of this amendment over the average price index for the calendar year forming the basis for the last increase under this section prior to this amendment. "(b) Effective the first day of the third month which begins after the price index shall have equaled a rise of at least 3 per centum for three consecutive months over the price index for the month last used to establish an increase, each annuity payable from the Fund which has a commencing date not later than such effective date shall be increased by 1 per centum plus the per centum rise in the price index (calculated on the highest level of the price index during the three consecutive months) adjusted to the nearest one-tenth of 1 per centum. "(c) Eligibility for an annuity increase under this section shall be governed by the conmiencing date of each annuity payable from the Fund as of the effective date of an increase except as follows: "(1) Effective from its commencing date, an annuity payable from the Fund to a surviving wife, husband, or designated beneficiary of an annuitant shall be increased by the total per centum increase the annuitant Was receiving under this section at death. "(2) For purposes of computing an annuity which commences on or after November 1, 1969, to a child under section 821(c) or 832 (c) or (d), the items $900, $1,080, $2,700, and $3,240 appearing in section 821(c) shall be increased by the total per centum increases allowed and in force under this section subsequent to November 1, 1969. " (d) No increase in annuity provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. "(e) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar, except such installment shall after adjustment reflect an increase of at least $1." SEC. 206. (a) The amendments made by sections 202(a), 203, and 204 shall become effective as of October 20, 1969. Such amendments shall not apply to persons retired or otherwise separated prior to such

annuity i n c r e a s e.

79 Stat. 1132.

Ante, p. is.

Applicability.

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