54 STAT.] 76TH CONG., 3D SESS.-CHS. 117, 11- -APR. 20, 1940 [CHAPTER 117] AN ACT To extend original jurisdiction to district courts in civil suits between citizens of the District of Columbia, the Territories of Hawaii or Alaska, and any State or Territory. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (b) of paragraph (1), section 24, of the Judicial Code, as amended (U.S. C ., 1934 edition, title 28, sec. 41; Supp. IV, title 28, sec. 41), be, and the same is hereby, amended to read as follows: "(b) Is between citizens of different States, or citizens of the Dis- trict of Columbia, the Territory of Hawaii, or Alaska, and any State or Territory." Approved, April 20, 1940. April 20, 1940 [H. R . 8822] [Public, No. 463] Judicial Code, amendment. 36 Stat. 1091. U. S. district courts. Original jurisdiction in civil suits extended. [CHAPTER 118] AN ACT April 20,1940 To amend the Act entitled "An Act for the grading and classification of clerks l-PR.8446] in the Foreign Service of the United States of America, and providing com- [Public, No. 464] pensation therefor", approved February 23, 1931, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act tioreent Sandervdic entitled "An Act for the grading and classification of clerks in the ity system. Foreign Service of the United States of America, and providing compensation therefor", approved February 23, 1931, as amended 46Stt. 21( be, and the same is hereby, amended as follows: Section 26 (e) of supp.V, 21 (e). said Act, as amended by the Act of April 24, 1939, is amended to Post, p. 184. read as follows: "(e) The annuity of a retired Foreign Service officer shail Annuities; amount. be equal to 2 per centum of his average annual basic salary for the ten years next preceding the date of retirement, mul- tiplied by the number of years of service not exceeding thirty years and in determining the aggregate period of service upon which the annuity is to be based, the fractional part of a month. if any, in the total service shall be eliminated: Provided, That wife asbenefica. at the time of his retirement a Foreign Service officer, if the husband of a wife to whom he has been married for at least five years, may elect to receive a reduced annuity and designate his wife as his beneficiary, to whom will be paid any portion up to two-thirds of his reduced annuity, at the option of the officer, as long as she may live after his death: Provided, ty able however, That the annuity payable to the widow shall in no widow, nimtatyion case exceed 25 per centum of the officer's average annual basic salary for the ten years next preceding the date of retirement. If the age of the officer is less than the age of the wife or exceeds amCo tto fs. her age by not more than eight years, the annuity of the officer will be reduced by an amount equal to one-half the annuity which he elects to have paid to his widow. If the age of the officer exceeds the age of the wife by more than eight years, the annuity of the officer will be reduced by an amount equal to one-half the annuity which he elects to have paid to his widow plus an additional reduction equal to 2 per centum of such widow's annuity for each year, or fraction thereof, that provi- the difference in age exceeds eight: Provided further, That the s prov officer may at his option also elect to have his annuity reduced by an additional 5 per centum of the amount which he elects to have paid to his widow, with a provision that, from and after the death of his wife, if the officer shall survive her, the annuity payable to the officer shall be that amount which would 143
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