Page:United States Statutes at Large Volume 90 Part 1.djvu/891

 PUBLIC LAW 94-350—JULY 12, 1976 any special contributions the annuitant may have made for other service performed after the date of separation from the Service which forms the basis for annuity, shall be returned. "(d) If all annuity rights under this title based on the service of a deceased participant or annuitant terminate before the total annuity jDaid equals the lump-sum credit, the difference shall be paid in the order of precedence shown in subsection (g) of this section. "(e) If a participant or former participant dies and is not survived by a person eligible for an annuity under this title or by such a person or persons all of whose annuity rights terminate before a claim for survivor annuity is filed, the lump-sum credit shall be paid in accordance with subsection (g) of this section. "(f) If an annuitant who was a former participant dies, annuity accrued and unpaid, shall be paid in accordance with subsection (g) of this section. "(g) Payments authorized in subsections (d) through (f) of this section shall be paid in the following order of precedence to such person or persons surviving the participant and alive on the date entitlement to the payment arises, upon the establishment of a valid claim therefor, and such payment shall be a bar to recovery by any other person: "(1) to the beneficiary or beneficiaries last designated by the participant before or after retirement in a signed and witnessed writing received by the Secretary prior to the participant's death, for which purpose a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect; "(2) if there be no such beneficiary, to the surviving wife or husband of such participant; "(3) if none of the above, to the child or children of such participant (including adopted and natural children but not stepchildren) and descendants of deceased children by representation; "(4) if none of the above, to the parents of such participant or the survivor of them; "(5) if none of the above, to the duly appointed executor or administrator of the estate of such participant; and "(6) if none of the above, to other next of kin of such participant as may be determined in the judgment of the Secretary to be legally entitled thereto, except that no payment shall be made pursuant to this paragraph (6) until after the expiration of thirty days from the death of the participant or annuitant. " (h) Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person: First, to the duly appointed executor or administrator of the estate of the survivor annuitant; second, if there is no such executor or administrator, payment may be made, after the expiration of thirty days from the date of death of such survivor annuitant, to such person^as may be determined by the Secretary to be entitled under the laws of the survivor annuitant's domicile at the time of death. " (i) Amounts deducted and withheld from basic salary of a participant under section 811 from the beginning of the first pay period after the participant has completed thirty-five years of service computed under sections 851 and 853, but excluding service credit for unused sick leave under subsection (b) of section 851, together with interest on the amounts at the rate of 3 per centum a year compounded annually from the date of the deduction to the date of retirement or death, shall be applied toward any special contribution due under subsection (d)

90 STAT. 841 > *' ', ~

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22 USC 1071. Post, p. 842. 22 USC 1093.

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