Page:United States Statutes at Large Volume 75.djvu/838

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[75 Stat. 798]
[75 Stat. 798]
PUBLIC LAW 87-000—MMMM. DD, 1961

798

PUBLIC LAW 87-370-OCT. 4, 1961

[75 S T A T.

been made or the salary deductions required by the Civil Service 5us*c225i^note I^etirement Act have actually been made— " (1) if such judge is survived by a widow but not by a dependent child, there shall be paid to such widow an annuity beginning with the day of the death of the judge or following the widow's attainment of the age of 50 years, whichever is the later, in an amount computed as provided in subsection (m); or "(2) if such judge is survived by a widow and a dependent child or children, there shall be paid to such widow an immediate annuity in an amount computed as provided in subsection (m), and there shall also be paid to or on behalf of each such child an immediate annuity equal to one-half the amount of the annuity of such widow, but not to exceed $900 per year divided by the number of such children or $360 per year, whichever is lesser; or "(3) if such judge leaves no surviving widow or widower but leaves a surviving dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the amount of the annuity to which such widow would have been entitled under paragraph (2) of this subsection h a d she survived, but not to exceed $480 per year. "The annuity payable to a widow under this subsection shall be terminable upon such widow's death or remarriage. The annuity payable to a child under this subsection shall be terminable upon (A) his attaining the age of 18 years, (B) his marriage, or (C) his death, whichever first occurs, except that if such child is incapable of selfsupport by reason of mental or physical disability his annuity shall be terminable only upon death, marriage, or recovery from such disability. I n case of the death of a widow of a judge leaving a dependent child or children of the judge surviving her, the annuity of such child or children shall be recomputed and paid as provided in paragraph (3) of this subsection. I n any case in which the annuity of a dependent child is terminated under this subsection, the annuities of any remaining dependent child or children, based upon the service of the same judge, shall be recomputed and paid as though the child whose annuity was so terminated had not survived such judge. "(i)

DETERMINATION OF DEPENDENCY AND DISABILITY,—Questions

of dependency and disability arising under this section shall be determined by the chief judge subject to review only by the Tax Court, the decision of which shall be final and conclusive. The chief judge may order or direct at any time such medical or other examinations as he shall deem necessary to determine the facts relative to the nature and decree of disability of any dependent child who is an annuitant or applicant for annuity under this section, and ma^ suspend or deny any such annuity for failure to submit to any examination so ordered or directed, "(j)

26 USC 7447.

PAYMENTS I N CERTAIN CASES.—

" (1) I n any case in which— " (A) a judge electing under subsection (b) shall die while in office (whether in regular active service or retired from such service under section 7447), before having rendered 5 years of civilian service computed as prescribed m subsection (n), or after having rendered 5 years of such civilian service but without a survivor or survivors entitled to annuity benefits provided by subsection (h), or " (B) the right of all persons entitled to annuity under subsection (h) based on the service of such judge shall terminate before a valid claim therefor shall have been established,