22 U.S.C. § 4049 — Death in service

Page 1491 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4049 2 So in original. Probably should be chapter ‘‘81’’. part or subchapter I of such chapter 8 2 for any part of the same period of time. Neither this subsection nor any provision of subchapter I of such chapter 8 2 shall be construed to deny the right of any participant to receive an annuity under this part and to receive concurrently any payment under subchapter I of such chapter 8 2 by reason of the death of any other individual. (e) Lump sum disability payments Notwithstanding any other law, the right of any individual entitled to an annuity under this part shall not be affected because such person has received an award of compensation in a lump sum under section 8135 of title 5, except that where such annuity is payable on account of the same disability for which compensation under such section has been paid, so much of such compensation as has been paid for any pe- riod extended beyond the date such annuity be- comes effective, as determined by the Secretary of Labor, shall be refunded to the Department of Labor, to be paid into the Federal Employees’ Compensation Fund. Before such individual re- ceives such annuity, he or she shall— (1) refund to the Department of Labor the amount representing such commuted pay- ments for such extended period, or (2) authorize the deduction of such amount from the annuity payable under this part, which amount shall be transmitted to the De- partment of Labor for reimbursement to such Fund. Deductions from such annuity may be made from accrued and accruing payments, or may be prorated against and paid from accruing pay- ments in such manner as the Secretary of Labor shall determine, whenever the Secretary of Labor finds that the financial circumstances of the annuitant warrant deferred refunding. (f) Time of filing application; waiver A claim may be allowed under this section only if the application is filed with the Sec- retary of State before the participant is sepa- rated from the Service or within one year there- after. This time limitation may be waived by the Secretary of State for a participant who at the date of separation from the Service or with- in one year thereafter is mentally incompetent, if the application is filed with the Secretary of State within one year from the date of restora- tion of the participant to competency or the ap- pointment of a fiduciary, whichever is earlier. (Pub. L. 96–465, title I, § 808, Oct. 17, 1980, 94 Stat. 2110; Ex. Ord. No. 12289, § 2, Feb. 14, 1981, 46 F.R. 12693; Pub. L. 99–335, title IV, § 402(a)(2), (b), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, § 215(a), Jan. 8, 1988, 101 Stat. 1774; Pub. L. 102–54, § 13(h)(2), June 13, 1991, 105 Stat. 275.) Editorial Notes REFERENCES IN TEXT Section 5532 of title 5, referred to in subsec. (a), was repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664. AMENDMENTS 1991—Subsec. (a). Pub. L. 102–54 substituted ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’ in two places in second par. 1988—Subsecs. (a), (b). Pub. L. 100–238 substituted ‘‘60’’ for ‘‘65’’. 1986—Subsec. (a). Pub. L. 99–335, § 402(a)(2), sub- stituted ‘‘part’’ for ‘‘subchapter’’ in three places. Subsec. (d). Pub. L. 99–335, § 402(b)(1), substituted ‘‘subchapter I of such chapter 8’’ for ‘‘such subchapter’’ in three places and ‘‘part’’ for ‘‘chapter’’ in three places. Subsec. (e). Pub. L. 99–335, § 402(b)(2), substituted ‘‘part’’ for ‘‘chapter’’ in two places. 1981—Subsec. (a). Ex. Ord. No. 12289 added second par. relating to computation of annuity for participant re- tiring under this section and receiving retired or re- tainer pay. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Ex. Ord. No. 12289 effective Feb. 15, 1981, see section 3 of Ex. Ord. No. 12289, set out under section 4067 of this title. § 4049. Death in service (a) Lump-sum credit If a participant dies and no claim for annuity is payable under this part, the lump-sum credit shall be paid in accordance with section 4055 of this title. (b) Surviving spouse If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other sepa- ration from the Service and is survived by a spouse or former spouse qualifying for an annu- ity under section 4054(b) of this title, such sur- viving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with subsections (e) and (g) of this section and section 4046(a) of this title and any surviving former spouse shall be entitled to an annuity under section 4054(b) of this title as if the participant died after being entitled to an annuity under this part. If the participant had less than 3 years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service. (c) Surviving spouse or former spouse, and chil- dren If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other sepa- ration from the Service and is survived by a spouse or a former spouse who is the natural or adoptive parent of a surviving child of the annu- itant, and a child or children, each surviving child shall be entitled to an annuity computed Page 1492 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4050 in accordance with subsections (c)(1) and (d) of section 4046 of this title. (d) Surviving children If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other sepa- ration from the Service and is not survived by a spouse, or a former spouse who is the natural or adoptive parent of a surviving child of the annu- itant, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of section 4046 of this title. (e) Service credit; presumption of qualification If, at the time of his or her death, the partici- pant had less than 20 years of service credit to- ward retirement under the System, the annuity payable in accordance with subsection (b) shall be computed in accordance with section 4046 of this title on the assumption he or she has had 20 years of service, except that the additional serv- ice credit that may accrue to a deceased partici- pant under this subsection shall in no case ex- ceed the difference between his or her age on the date of death and age 60. In all cases arising under this subsection or subsection (b), (c), (d), or (g), it shall be assumed that the deceased par- ticipant was qualified for retirement on the date of death. (f) Recall service If an annuitant entitled to a reduced annuity dies in service after being recalled under section 3948 of this title and is survived by a spouse or former spouse entitled to a survivor annuity based on the service of such annuitant, such sur- vivor annuity shall be computed as if the recall service had otherwise terminated on the day of death and the annuity of the deceased had been resumed in accordance with section 4063 of this title. If such death occurs after the annuitant had completed sufficient recall service to attain eligibility for a supplemental annuity, a sur- viving spouse or surviving former spouse who was married to the participant at any time dur- ing a period of recall service shall be entitled to elect, in addition to any other benefits and in lieu of a refund of retirement contributions made during the recall service, a supplemental survivor annuity computed and paid under sec- tion 4046(i) of this title as if the recall service had otherwise terminated. If the annuitant had completed sufficient recall service to attain eli- gibility to have his or her annuity determined anew, a surviving spouse or such a surviving former spouse may elect, in lieu of any other survivor benefit under this subchapter, to have the rights of the annuitant redetermined and to receive a survivor annuity computed under sub- section (b) on the basis of the total service of the annuitant. (g) Limitation on surviving spouse’s annuity Notwithstanding subsection (b), if the partici- pant or former participant had a former spouse qualifying for an annuity under section 4054(b) of this title, the annuity of the spouse under this section shall be subject to the limitation of section 4046(b)(3)(B) of this title. (h) Commencement, termination, and resump- tion of annuities Annuities that become payable under this sec- tion shall commence, terminate, and be resumed in accordance with subsection (b)(4), (e), or (h) of section 4046 of this title, as appropriate. (Pub. L. 96–465, title I, § 809, Oct. 17, 1980, 94 Stat. 2111; Pub. L. 99–335, title IV, § 402(a)(2), (c), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, §§ 214(b), 215(b), Jan. 8, 1988, 101 Stat. 1774.) Editorial Notes AMENDMENTS 1988—Subsecs. (c), (d). Pub. L. 100–238, § 214(b), in- serted ‘‘or a former spouse who is the natural or adop- tive parent of a surviving child of the annuitant,’’ after ‘‘spouse’’. Subsec. (e). Pub. L. 100–238, § 215(b), substituted ‘‘60’’ for ‘‘65’’. 1986—Subsec. (a). Pub. L. 99–335, § 402(c), substituted ‘‘part’’ for ‘‘chapter’’. Subsec. (b). Pub. L. 99–335, § 402(a)(2), substituted ‘‘part’’ for ‘‘subchapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–238 effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as a note under section 4054 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. § 4050. Discontinued service retirement Any participant who voluntarily separates from the Service after obtaining at least 5 years of service credit toward retirement under the System (excluding military and naval service) may upon separation from the Service or at any time prior to becoming eligible for an annuity elect to have his or her contributions to the Fund returned in accordance with section 4055 of this title, or to leave his or her contributions in the Fund and receive an annuity, computed under section 4046 of this title, commencing at age 60. (Pub. L. 96–465, title I, § 810, Oct. 17, 1980, 94 Stat. 2112.) § 4051. Voluntary retirement Any participant who is at least 50 years of age and has 20 years of creditable service, including at least 5 years of service credit toward retire- ment under the System (excluding military and naval service), may on his or her own applica- tion and with the consent of the Secretary be re- tired from the Service and receive retirement benefits in accordance with section 4046 of this title. The Secretary shall withhold consent for retirement under this section by any participant who has not been a member of the Service for 5 years. Any participant who voluntarily sepa- rates from the Service before completing 5 years in the System and who, on the date of separa- tion, would be eligible for an annuity, based on a voluntary separation, under section 8336 or