Page:United States Statutes at Large Volume 90 Part 2.djvu/1001

 PUBLIC LAW 94-522—OCT. 17, 1976 " (2) If an annuitant dies after having elected a reduced annuity provided in paragraph (2) of section 221(f) the surviving widow or widower is entitled to an annuity computed as prescribed in paragraph (1) of this subsection. " (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 or she may be entitled under this 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. T h i s annuity and the r i g h t thereto terminate on the last day of the month before the spouse, widow, or widower— " (A) dies; or " (B) remarries before becoming sixty years of age. " (4) A n annuity which is reduced under this subsection shall, for each full month during which an annuitant is not married, be recomputed and paid as if the annuity had not been so reduced. Upon remarriage of the annuitant, the annuity shall be reduced by the same per'centage reductions which were in effect at the time of retirement.". SEC. 203. Section 221(f) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended— (a) by inserting " (1) " immediately after " (f) "; and (b) by a d d i n g a t the end thereof the following new paragraph (2): .. " (2) A participant, who is unmarried at the time of retiring and who later marries, may irrevocably elect, in a signed writing received in the Agency within one year after the marriage, a reduced annuity as provided in section 221(b). The reduced annuity is effective the first day of the month after the election is received. The election voids prospectively any election previously made under the provisions of paragraph (1) of this subsection.". SEC. 204. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended by adding at the end thereof the following new subsection: " (1)(1) Notwithstanding any other provision of this section, the monthly r a t e of annuity payable under subsection (a) of t h i s section, shall not be less than the smallest p r i m a r y insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Secuirty Act. " (2) Notwithstanding any other provision of this section, other than this subsection, the monthly rate of annuity payable under subsection (a) of this section to a surviving child shall not be less than the smallest p r i m a r y insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act, or three times such p r i m a r y insurance amount divided by the number of surviving children entitled to an annuity, whichever is the lesser. " (3) The provisions of this subsection shall not apply to an annuit a n t or to a survivor who is or becomes entitled to receive from the United States an annuity or retired pay under any other civilian or military retirement system, benefits under title II of the Social Security Act, a pension, veterans' compensation, or any other periodic payment of a similar nature, when the monthly rate thereof is equal to or greater than the smallest p r i m a r y insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act.".

90 STAT. 2469

Infra.

Unmarried participant.

« Annuities, monthly rate.

42 USC 401 et
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