Page:United States Statutes at Large Volume 90 Part 1.djvu/897

 90 STAT. 847

PUBLIC LAW 94-350—JULY 12, 1976

of the Foreign Service Act of 1946, as amended by this title, shall not Ante, p. 846 apply to any Foreign Service staff officer or employee who becomes a participant in the Foreign Service Retirement and Disability System pursuant to subsection (a) of this section until such officer or employee completes ten years of continuous service in the Foreign Service exclusive of military service, in the Department of State or ten years of such continuous service in the United States Information Agency. (c) Any Foreign Service staff officer or employee who becomes a participant in the Foreign Service Retirement and Disability fciystem pursuant to subsection (a) of this section who is age fifty-seven or over on the effective date of this section may retire voluntarily at any time p r i o r to mandatory retirement and receive retirement benefits under section 821 of the Foreign Service Act of 1946, as amended by this title. Ante, p. 837. (d) Section 9(b) of the Act of August 20, 1968 (82 Stat. 812), is Repeal. 22 USC 1229 and repealed on the effective date of this section. note. ORANTS TO G J: R T A I N WIDOWS AND SURVIVOR A N N U I T Y

ELECTIONS

SEC. 523. (a) A Foreign Service a n n u i t a n t who was married a t the 22 USC 1076 time of retirement, whose service terminated prior to October 16, 1960, note. and who has not elected any survivor benefit, may, within one hundred and twenty days after the effective date of this title, elect a reduction in his or her annuity of $300 per annum and provide a survivor benefit of $2,400 p e r annum payable to the annuitant's surviving spouse provided the m a r r i a g e had been in effect for at least two years a t the time of death or resulted in the birth of a child. The survivor annuity shall be treated in all respects as if it had been elected under section 821(b) of the Foreign Service Act of 1946, as amended by this title. (b) A n annuitant who makes an election under subsection (a) of this section shall pay into the Foreign Service Retirement and Disability F u n d an amount equal to $25 times the number of full months between the commencing date of his or her annuity and the first of the month following receipt of notice of election by the Secretary of State. T h i s amount may be paid into such F u n d by deduction from annuity in multiples of $25 per month. The annuity reduction under subsection (a) of this section and the deduction under this subsection shall commence effective the first of the month following receipt of notice of the election ! y the Secretary of State. The deduction under this subsection shall continue until the required amount has been paid into such F u n d or until the annuitant's death, whichever occurs first; and if the latter, any remaining portion of such required amount shall be deemed to have been paid. (c) If a Foreign Service annuitant who separated from the Foreign Service prior to October 16, 1960, died before the effective date of this title, or dies within one hundred and twenty days after such effective date leaving a spouse to whom married at retirement who is not entitled to receive a survivor annuity under the terms of section 8133 of title 5, United States Code, or any law authorizing payment from the Foreign Service Retirement and Disability F u n d and who qualifies under section 821(h) of the Foreign Service Act of 1946, as amended by this title, the Secretary of State shall g r a n t such surviving spouse, if not remarried prior to age sixty, an annuity, to be payable from such F u n d in the amount of $2,400 per annum adjusted by all cost-of-living increases received by widows granted annuities under section 4 of the Act of October 31, 1965 (79 Stat. 1130). A n annuity to a surviving 22 USC 10790. spouse who remarried prior to age sixty may be initiated or resumed under this subsection in accordance with the provisions of subsections

89-194 O—78—pt. 1

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