Page:United States Statutes at Large Volume 90 Part 1.djvu/889

 PUBLIC LAW 94-350—JULY 12, 1976 "(d) Recovery of overpayments under this title may not be made from an individual when, in the judgment of the Secretary, the individual is without fault and recovery would be against equity and good conscience or administratively infeasible.".

90 STAT. 839 >• * Li i-

DISABILITY A N N U I T I E S

SEC. 507. Section 831 of such Act is amended— 22 USC 1081., (1) in subsection (a) thereof by striking out "that is credited in accordance with provisions of section 851 or 852(a)(2)"; (2) in subsection (c) thereof by striking out " (a) " following "section 841"; (3) by amending subsection (d) thereof to read as follows: "(d) No participant shall be entitled to receive an annuity under this Act and compensation for injury or disability to himself or herself under subchapter I of chapter 81, title 5, United States Code, 5 USC 8101. covering the same period of time except that a participant may simultaneously receive both an annuity under this section and scheduled disability payments under section 8107 of title 5, United States Code. This provision shall not bar the right of any claimant to the greater benefit conferred by either this Act or such subchapter for any part of the same period of time. Neither this provision nor any provision of such subchapter shall be so construed as to deny the right of any participant to receive an annuity under this Act and to receive concurrently any payment under such subchapter by reason of the death of any other person."; and ^r j (4) in subsection (e) thereof by striking out "section 14 of the Act of September 16, 1916, as amended" and inserting in lieu thereof "section 8135 of title 5, United States Code". DEATH I N SERVICE

SEC. 508. (a) Section 832 of such Act is amended by amending sub- 22 USC 1082. sections (a), (b), (c), and (d) to read as follows: "(a) If a participant dies and no claim for annuity is payable under the provisions of this Act, the lump-sum credit shall be paid in accordance with section 841. Post, p. 840. "(b) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is survived by a spouse, such surviving spouse shall be entitled to an annuity equal to 55 per centum of the annuity computed in accordance with the provisions of subsection (e) of this section and of section 821(a) and if the participant 22 USC 1076. had less than three years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service. "(c) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is survived by a wife or a husband and a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(1) and (d) of section 821. "(d) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of section 821.".

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