Page:United States Statutes at Large Volume 81.djvu/784

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[81 STAT. 750]
[81 STAT. 750]
PUBLIC LAW 90-000—MMMM. DD, 1968



PUBLIC LAW 90-231-DEC. 29, 1967

p. 749.

Beneficiaries. 60 Stat. 880; 66 Stat. 21.

"Child. Payment of lump-sum credit.

[81 STAT.

nized natural child who lived with the teacher in a regular parent-child relationship; " (B) such unmarried child regardless of age who is incapable of self-support because of mental or physical disability incurred before age eighteen; or " (C) such unmarried child between eighteen and twentytwo years of age who is a student regularly pursuing a fulltime course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purpose of this paragraph and paragraph (2) of subsection (b) of this section, a child whose twenty-second birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become twenty-two years of age on the first day of July after that birthday, A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than five months and if he shows to the satisfaction of the Commissioner of the District of Columbia that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim." (7) Section 10 of such Act (D.C. Code, sec. 31-730) is amended to read as follows: "SEC. 10. (a) Under regulations prescribed by the Commissioner of the District of Columbia, a present or former teacher may designate a beneficiary or beneficiaries for the purpose of this Act. "(b) Lump-sum benefits authorized by subsections (c), (d), and (e) of this section shall be paid in the following order of precedence, to the person or persons surviving the teacher and alive at the date title to the payment arises, and the payment bars recovery by any other person: "First, to the beneficiary or beneficiaries designated by the teacher in a signed and witnessed writing received by the Commissioner of the District of Columbia before his death. "Second, if there is no designated beneficiary, to the widow or widower of the teacher. "Third, if none of the above, to the child or children of the teacher and descendants of deceased children by representation. "Fourth, if none of the above, to the parents of the teacher or the survivor of them. "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the teacher. "Sixth, if none of the above, to such other next of kin of the teacher as the Commissioner of the District of Columbia determines to be entitled under the laws of the domicile of the teacher at the date of his death. For the purpose of this subsection, the term 'child' includes a natural child and an adopted child, but does not include a stepchild. "(c) If— "(1) a teacher dies— " (A) without a survivor, or " (B) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed; or " (2) a former teacher not retired dies, the lump sum credit shall be paid.