Page:United States Statutes at Large Volume 86.djvu/751

 86 STAT. ]

PUBLIC LAW 92-425-SEPT. 21, 1972

709

may be paid an annuity under this section, but only in the amount that the annuity otherwise payable under this section would exceed that compensation. " (d) If, upon the death of a person to whom section 1448 of this Retired or retitle applies, that person had in effect a waiver of his retired or retainer *°^"^'" ^^^ '^aiver. pay for the purposes of subchapter III of chapter 83 of title 5, an so Stat. 564. annuity under this section shall not be payable unless^ in accordance ^ "^^ ^^^^' with section 8339(i) of title 5, he notified the Civil Service Commission Ante, P. i44. that he did not desire any spouse surviving him to receive an annuity under section 8341(b) of that title. "(e) If no annuity under this section is payable because of sub- Refunds. section (c), any amounts deducted from the retired or retainer pay of the deceased under section 1452 of this title shall be refunded to the widow or widower. If, because of subsection (c), the annuity payable is less than the amount established under section 1451 of this title, the annuity payable shall be recalculated under that section. The amount of the reduction in the retired or retainer pay required to provide that recalculated annuity shall be computed under section 1452 of this title, and the difference between the amount deducted prior to the computation of that recalculated annuity and the amount that would have been deducted on the basis of that recalculated annuity shall be refunded to the widow or widower. " (f) An unmarried person who elects to provide an annuity to a person designated by him under subsection (a)(3), but who later marries or acquires a dependent child, may change that election and provide an annuity to his spouse or dependent child. A change of election under this subsection is subject to the rules with respect to execution, revocation, and effectiveness set forth in the last three sentences of section 1448(a) of this title. " (g) Except as provided in section 1449 of this title or in subsection Restriction. (f) of this section, an election under this section may not be changed or revoked. " (h) Except as provided in section 1451 of this title, an annuity under this section is in addition to any other payment to which a person is entitled under any other provision of law. Such annuity ,.,, ^ shall be considered as income under laws administered by the Veterans' Administration. "(i) An annuity under this section is not assignable or subject to execution, levy, attachment, garnishment, or other legal process. "§ 1451. Amount of annuity " (a) If the widow or widower is under age 62 or there is a dependent child, the monthly annuity payable to the widow, widower, or depend. «*/ ent child, under section 1450 of this title shall be equal to 65 percent of the base amount. However, when the widow has one dependent child, the monthly annuity shall be reduced by an amount equal to the mother's benefit, if any, to which the widow would be entitled under subchapter II of chapter 7 of title 42 based solely upon service by the ^"'®' P- "^ ^• ^ person concerned as described in section 410(1)(1) of title 42 and 7ostat. 870; calculated assuming that the person concerned lived to age 65. When ''* ^'°*" ^^^" the widow or widower reaches age 62, or there is no longer a dependent child, whichever occurs later, the monthly annuity shall be reducedl by an amount equal to the amount of the survivor benefit, if any, to which the widow or widower would be entitled under subchapter II of chapter 7 of title 42 based solely upon service by the person concerned as described in section 410(1)(1) of title 42 and calculated assuming that the person concerned lived to age 65. For the purpose of the preceding sentence, a widow or widower shall be considered as entitled to a benefit under subchapter II of chapter 7 of title 42 even

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