Page:United States Statutes at Large Volume 94 Part 2.djvu/839

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2117

(1) To the beneficiary or beneficiaries last designated by the participant before or after retirement in a signed and witnessed writing filed with the Secretary of State prior to the death of the participant, for which purpose a designation, change, or cancellation of beneficiary in a will or other document which is not so executed and filed shall have no force or effect. (2) If there is no such beneficiary, to the surviving wife or husband of the participant. (3) If none of the above, to the child (without regard to the definition in section 804(2)) or children of the 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 the participant or the survivor of them. (5) If none of the above, to the duly appointed executor or administrator of the estate of the participant. (6) If none of the above, to such other next of kin of the participant as may be determined in the judgment of the Secretary of State to be legally entitled to such payment, except that no payment shall be made under this paragraph until after the expiration of 30 days after the death of the participant or annuitant. (g) Annuity accrued and unpaid on the death of a survivor annuitgmt shall be paid in the following order of precedence, and the payment bars recovery by any other person: (1) To the duly appointed executor or administrator of the estate of the survivor annuitant. (2) If there is no such executor or administrator, to such person as may be determined by the Secretary of State (after the expiration of 30 days from the date of death of the survivor annuitant) to be entitled under the laws of the domicile of the survivor annuitant at the time of death. (h) Amounts deducted and withheld from basic salary of a participant under section 805 from the beginning of the first pay period after the participant has completed 35 years of service computed under section 816 (excluding service credit for unused sick leave under section 816(b)), together with interest on the amounts at the rate of 3 percent 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 section 805(d), and any balance not so required shall be refunded in a lump sum to the participant after separation or, in the event of a death in service, to a beneficiary in the order of precedence specified in subsection (f). (i) Unless otherwise expressly provided by any spousal agreement or court order under section 820(b)(l), the amount of a participant's or former participant's lump-sum credit payable to a former spouse of that participant shall be— (1) if the former spouse was married to the participant throughout the period of creditable service of the participant, 50 percent of the lump-sum credit to which such participant would be entitled in the absence of this subsection, or (2) if such former spouse was not married to the participant throughout such creditable service, an amount equal to such former spouse's pro rata share of 50 percent of such lump-sum credit. The lump-sum credit of the participant shall be reduced by the amount of the lump-sum credit payable to the former spouse.

Death of survivor, annuity payment.

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