Page:United States Statutes at Large Volume 70.djvu/811

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
[70 Stat. 755]
PUBLIC LAW 000—MMMM. DD, 1956
[70 Stat. 755]

70

STAT.]

PUBLIC LAW 854-JULY 31, 1956

755

"(e) I n case a Member separated from service with title to a deferred annuity under this Act, either prior to, on, or after the effective date of the Civil Service Eetirement Act Amendments of 1956, shall hereafter die before having established a valid claim for annuity and is survived by a wife or husband to whom married at date of separation, such surviving wife or husband (1) shall be paid an annuity equal to one-half of the deferred annuity of such Member beginning the first day of the month following the death of such Member and terminating upon the death or remarriage of such surviving wife or husband or (2) may elect to receive a lump-sum credit in lieu of annuity if such wife or husband is the person who would be entitled to the lump-sum credit and files application therefor with the Commission prior to the award of such annuity. "LUMP-SUM BENEFITS

"SEC. 11. (a) Any employee or Member who is separated from the service, or is transferred to a position wherein he does not continue subject to this Act, shall be paid the lump-sum credit provided his separation or transfer occurs and application for payment is filed with the Commission at least thirty-one days before the earliest commencing date of any annuity for which he is eligible. The receipt of payment of the lump-sum credit by the individual shall void all sinnuity rights under this Act, unless and until he shall be reemployed in the service subject to this Act. This subsection shall also apply to any employee or Member separated prior to the effective date of the Civil Service Retirement Act Amendments of 1956 after completing at least twenty years of civilian service. Designation of '•(b) Each present or former employee or Member may, under regu- beneficiary. lations prescribed by the Commission, designate a beneficiary or beneficiaries for the purposes of this Act. Pr e c "(c) Lump-sum benefits authorized under subsections (d), (e), payment.e d e n c e of and (f) of this section shall be paid in the following order of precedence to such person or persons surviving the employee or Member and alive at the date title to the payment arises, and such payment shall be a bar to recovery by any other person: "First, to the beneficiary or beneficiaries designated by the employee or Member in a writing received in the Commission prior to his death; "Second, if there be no such beneficiary, to the widow or widower of the employee or Member; "Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation; "Fourth, if none of the above, to the parents of the employee or Member or the survivor of them; "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member; "Sixth, if none of the above, to other next of kin of the employee or Member as may be determined by the Commission to be entitled under the laws of the domicile of the individual at the time of his death. " (d) I f an employee or Member dies (1) without a survivor, or (2) with a survivor or survivors and the right of all survivors shall terminate before claim for survivor annuity is filed, or if a former employee or Member not retired dies, the lump-sum credit shall be paid. "(e) If all annuity rights under this Act based on the service of a deceased employee or Member shall terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid. " (f) I f an annuitant dies, any annuity accrued and unpaid shall be paid.