Page:United States Statutes at Large Volume 84 Part 2.djvu/631

 84 STAT. ]

PUBLIC LAW 91-658-JAN. 8, 1971

SEC. 19. If any section of this Act, or any part thereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of any section or part thereof. SEC. 20. This Act shall become effective ninety days after the date of its enactment. Approved January 8, 1971.

1961

separability.

Effective date.

Public Law 91-658 AN ACT January 8, 1971

To amend chapter 83 of title o, United States Code, relating to survivor annuities under the civil service retirement program, and for other purposes.

[s. 4 37]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section civu service 8332(f) of title 5, United States Code, is amended by inserting imme- '^^sur^vor' diately after the first sentence thereof the following new sentence: annuities. "An employee or former employee who returns to duty after a period ^^ ^'^'* ^^^* of separation is deemed, for the purpose of this subsection, to have been in a leave of absence without pay for that part of the period in which he was receiving benefits under subchapter I of chapter 81 of this title or any earlier statute on which such subchapter is based.'". ^ ^'^*^ "•' SEC. 2 (a) Section 8339(i) of title 5, United States Code, is,,^^^^f,^^f amended by striking out "his spouse'" and inserting in lieu thereof "any spouse surviving him". (b) Section 8339(j) of title 5, United States Code, is amended— (1) by inserting " (1) " immediately after " (j) "; and (2) by adding at the end thereof the following new paragraph: "(2) An employee or Member, who is unmarried at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to his spouse and who later marries, may irrevocably elect, in a signed writing received in the Commission within 1 year after he marries, a reduction in his current annuity as provided in subsection (i) of this section. His reduced annuity is effective the first day of the month after his election is received in the Commission. The election voids prospectively any election previously made under paragraph (1) of this subsection.". SEC. 3. (a) Section 8341(a) of title 5, United States Code, is amended— (1) by inserting "and" at the end of paragraph (2)(B); (2) by striking out paragraph (3); and (3) by renumbering paragraph (4) as paragraph (3). (b) Section 8341(b) of title 5, United States Code, is amended to read as follows: " (b)(1) Except as provided in paragraph (2) of this subsection, if an employee or Member dies after having retired under this subchapter and is survived by a spouse to whom he was married at the time of retirement, or by a widow or widower whom he married after retirement, the spouse, widow, or widower is entitled to an annuity equal to 55 percent, or 50 percent if retired before October 11, 1962, of an annuity computed under section 8339(a)-(h) of this title as «i^°,^*^*;,"'^^^ il Stat. 214, 64:!. may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under section 8339(i) of this title, unless the employee or Member has notified the Commission in wanting at the time of retirement that he does not desire any spouse surviving him to receive this annuity.

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