Page:United States Statutes at Large Volume 94 Part 2.djvu/825

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2103

(A) who— (i) is an offspring or adopted child of the participant, (ii) is a stepchild or recognized natural child of the participant and who received more than one-half support from the participant, or (iii) lived with the participant, for whom a petition of adoption was filed by the participant, and who is adopted by the surviving spouse of the participant after the death of the participant; (B) who is unmarried; and (Owho— (i) is under the age of 18 years, (ii) is a student under the age of 22 years (for purposes of this clause, an individual whose 22d birthday occurs before July 1 or after August 31 of the calendar year in which that birthday occurs, and while the individual is a student, is deemed to become 22 years of age on the first July 1 which occurs after that birthday), or (iii) is incapable of self-support because of a physical or mental disability which was incurred before the individual reached the age of 18 years; (3) "court" means any court of any State or of the District of Columbia; (4) "court order" means any court decree of divorce or annulment, or any court order or court approved property settlement agreement incident to any court decree of divorce or annulment; (5) "Foreign Service normal cost" means the level percentage of pajnroU required to be deposited in the Fund to meet the cost of benefits payable under the System (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for Government employees and less the cost of credit allowed for military and navsQ service; (6) "former spouse" means a former wife or husband of a participant or former participant who was married to such participant for not less than 10 years during periods of service by that participant which are creditable under section 816; (7) "Fund balance" means the sum of— (A) the investments of the Fund calculated at par value, plus (B) the cash balance of the Fund on the books of the Treasury; (8) "lump-sum credit" means the compulsory and special contributions to the-credit of a participant or former participant in the Fund plus interest on such contributions at 4 percent a year compounded annually to December 31, 1976, and after such date, for a participant who separates from the Service after completing at least 1 year of civilian service and before completing 5 years of such service, at the rate of 3 percent per year to the date of separation (except that interest shall not be paid for a fractional part of a month in the total service or on compulsory and special contributions from an annuitant for recall service or other service performed after the date of separation which forms the basis for annuity); (9) "military and naval service" means honorable active service— (A) in the Armed Forces of the United States,

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