Page:United States Statutes at Large Volume 84 Part 2.djvu/632

 1962

Ante, p. 1961.

Termination.

80 Stat. 577; 83 Stat. 140.

80 Stat. 574; 81 Stat, 642. 5 USC 8339.

Termination.

Reemployed annuitants. 80 Stat. 5 8 1; 81 Stat. 217.

PUBLIC LAW 91-658-JAN. 8, 1971

[84

STAT.

"(2) If an annuitant— " (A) who retired before April 1, 1948; or " (B) who elected a reduced annuity provided in paragraph (2) of section 8339(j) of this title; dies and is survived by a widow or widower, the widow or widower is entitled to an annuity in an amount which would have been paid had the annuitant been married to the widow or widower at the time of retirement. "(3) A spouse acquired after retirement is entitled to a survivor annuity under this subsection only upon electing this annuity instead of any other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The annuity of the spouse, widow, or widower under this subsection commences on the day after the annuitant dies. This annuity and the right thereto terminate on the last day of the month before the spouse, widow, or widower— " (A) dies; or " (B) remarries before becoming 60 years of age.". (c) Section 8341(d) of title 5, United States Code, is amended to read as follows: " (d) If an employee or Member dies after completing at least 18 months of civilian service, his widow or widower is entitled to an annuity equal to 55 percent of an annuity computed under section 8339 (a) - (e) and (h) of this title as may apply with respect to the employee or Member, except that, in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of— " (1) 40 percent of his average pay; or "(2) the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age. The annuity of the widow or widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower— " (A) dies; or " (B) remarries before becoming 60 years of age.". (d) Section 8341(e)(2) of title 5, United States Code, is amended by striking out "subsection (a)(4) " and inserting in lieu thereof "subsection (a)(3)". SEC. 4. Section 8344(a) of title 5, United States Code, is amended by striking out the last sentence and inserting in lieu thereof the following: "If the annuitant is receiving a reduced annuity as provided in section 8339(i) or section 8339(j)(2) of this title, the increase in annuity payable under subparagraph (A) of this subsection is reduced by 10 percent and the survivor annuity payable under section 8341(b) of this title is increased by 55 percent of the increase in annuity payable under such subparagraph (A), unless, at the time of claiming the increase payable under such subparagraph (A), the annuitant notifies the Commission in writing that he does not desire the survivor annuity to be increased. If the annuitant dies while still reemployed, the survivor annuity payable is increased as though the reemployment had otherwise terminated. If the annuitant dies while still reemployed and the described reemployment had continued for at least 5 years, the person entitled to survivor annuity under section 8341(b) of this title may elect to deposit in the Fund and have his rights redetermined under this subchapter.".

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