Page:United States Statutes at Large Volume 93.djvu/940

 93 STAT. 908

PUBLIC LAW 96-122—NOV. 17, 1979

"(i) 60 per centum of— ' "(I) the member's average pay at the time of death, or "(II) the basis upon which the former member's annuity at the time of death was computed in the case of a member who was an officer or member of the United States Park Police force, the Executive Protective Service, or the United States Secret Service Division, or the adjusted average pay of the former member in the case of a member who was an officer or member of the MetropoUtan Police force or the Fire Department of the District of Columbia, divided by the number of eligible children; '^*« "(ii) $1,548; or "(iii) $4,644 divided by the number of eligible children; and "(B) in the case of a member or former member who is not survived by a wife or husband— "(i) 75 per centum of— "(I) the member's average pay at the time of death, or "(II) the basis upon which the former member's annuity at the time of death was computed in the case of a member who was an officer or member of the United States Park Police force, the Executive Protective Service, or the United States Secret Service Division, or the adjusted average pay of the former member in the case of a member who was an officer or member of the Metropolitan Police force or the Fire Department of the District of Columbia, divided by the number of eligible children; "(ii) $1,860; or "(iii) $5,580 divided by the number of eligible children.". (2) Subsection (a) of such Act (D.C. Code, sec. 4-521) is amended— (A) by striking out the period at the end of paragraph (4) of such subsection and inserting in lieu thereof the following: ", in the case of a member who was an officer or member of the United States Park Police force, the Executive Protective Service, or the United States Secret Service Division, or the surviving husband of a member or former member who was a member or officer of the Metropolitan Police force or the Fire Department of the District of Columbia if— "(A) he was married to such member or former member (i) while she was a member, or (ii) for at least one year immediately preceding her death, or "(B) he is the father of issue by such marriage."; and (B) by inserting the following new paragraph immediately after paragraph (17): "Adjusted "(18) The term 'adjusted average pay' means the average pay of a average pay. member who was an officer or member of the Metropolitan Police force or the Fire Department of the District of Columbia increased by the per centum increase (adjusted to the nearest one-tenth of 1 per centum in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, between the month in which such member retires and the month immediately prior to the month in which such member dies.". Effective date. (b) The amendments made by subsection (a) shall apply with respect to survivor annuities under the Policemen and Firemen's D.C. Code 4-521 Retirement and Disability Act for survivors of officers or members of °°**the Metropolitan Police force or the Fire Department of the District of Columbia which commence on or after the first day of the first

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