50 U.S.C. § 2052 — Death in service

Page 348 TITLE 50—WAR AND NATIONAL DEFENSE § 2052 itant’s income from wages and self-employ- ment in any calendar year before reaching age 62 was less than 80 percent of the rate of pay for the grade and step the annuitant held at the time of retirement, the annuitant’s termi- nated disability annuity (same type and rate) shall be reinstated from the first of the next following year. If the annuitant has been al- lowed an involuntary or voluntary retirement annuity in the meantime, the annuitant’s re- instated disability annuity shall be sub- stituted for it unless the annuitant elects to retain the former benefit. (e) Coordination of benefits (1) Workers’ compensation A participant is not entitled to receive for the same period of time— (A) an annuity under this subchapter, and (B) compensation for injury to, or dis- ability of, such participant under subchapter I of chapter 81 of title 5, other than com- pensation payable under section 8107 of such title. (2) Survivor annuities An individual is not entitled to receive an annuity under this subchapter and a concur- rent benefit under subchapter I of chapter 81 of title 5 on account of the death of the same per- son. (3) Greater benefit Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this subchapter or subchapter I of chap- ter 81 of title 5. (f) Offset from survivor annuity for workers’ compensation payment (1) Refund to Department of Labor If an individual is entitled to an annuity under this subchapter and the individual re- ceives a lump-sum payment for compensation under section 8135 of title 5 based on the dis- ability or death of the same person, so much of the compensation as has been paid for a pe- riod extended beyond the date payment of the annuity commences, as determined by the Secretary of Labor, shall be refunded to the Department for credit to the Employees’ Com- pensation Fund. Before the individual may re- ceive the annuity, the individual shall— (A) refund to the Secretary of Labor the amount representing the commuted com- pensation payments for the extended period; or (B) authorize the deduction of the amount from the annuity. (2) Source of deduction Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the an- nuity shall be transmitted to the Secretary for reimbursement to the Employees’ Compensa- tion Fund. (3) Prorating deduction If the Secretary finds that the financial cir- cumstances of an individual entitled to an an- nuity under this subchapter warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Secretary de- termines appropriate. (Pub. L. 88–643, title II, § 231, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3220; amended Pub. L. 103–178, title II, § 202(a)(8), Dec. 3, 1993, 107 Stat. 2026.) Editorial Notes REFERENCES IN TEXT Section 5532 of title 5, referred to in subsec. (b)(2), was repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664. PRIOR PROVISIONS A prior section 231 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1046; Ex. Ord. No. 12326, § 2, Sept. 30, 1981, 46 F.R. 48889; Pub. L. 94–522, title II, §§ 205–207, Oct. 17, 1976, 90 Stat. 2470; Ex. Ord. No. 12443, § 1, Sept. 27, 1983, 48 F.R. 44751; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–183, title III, § 305, Dec. 4, 1991, 105 Stat. 1265, related to retirement for disability or in- capacity, medical examination, and recovery and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 1993—Subsec. (d)(2). Pub. L. 103–178 substituted ‘‘2071(a) of this title’’ for ‘‘2071(b) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title. EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 2052. Death in service (a) Return of contributions when no annuity payable If a participant dies and no claim for an annu- ity is payable under this subchapter, the partici- pant’s lump-sum credit and any voluntary con- tributions made under section 2121 of this title, with interest, shall be paid in the order of prece- dence shown in section 2071(c) of this title. (b) Survivor annuity for surviving spouse or former spouse (1) In general If a participant dies before separation or re- tirement from the Agency and is survived by a spouse or by a former spouse qualifying for a survivor annuity under section 2032(b) of this title, such surviving spouse shall be entitled to an annuity equal to 55 percent of the annu- ity computed in accordance with paragraphs (2) and (3) of this subsection and section 2031(a) of this title, and any such surviving former spouse shall be entitled to an annuity com- puted in accordance with section 2032(b) of this title and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this subchapter. The an- Page 349 TITLE 50—WAR AND NATIONAL DEFENSE § 2053 nuity of such surviving spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the death or re- marriage before attaining age 55 of the sur- viving spouse or former spouse (subject to the payment and restoration provisions of sec- tions 2031(b)(3)(C), 2031(i), and 2032(b)(3) of this title). (2) Computation The annuity payable under paragraph (1) shall be computed in accordance with section 2031(a) of this title, except that the computa- tion of the annuity of the participant under such section shall be at least the smaller of (A) 40 percent of the participant’s high-3 aver- age pay, or (B) the sum obtained under such section after increasing the participant’s length of service by the difference between the participant’s age at the time of death and age 60. (3) Limitation Notwithstanding paragraph (1), if the partic- ipant had a former spouse qualifying for an annuity under section 2032(b) of this title, the annuity of a surviving spouse under this sec- tion shall be subject to the limitation of sec- tion 2031(b)(3)(B) of this title, and the annuity of a former spouse under this section shall be subject to the limitation of section 2032(b)(4)(B) of this title. (4) Precedence of section 2034 survivor annu- ity over death-in-service annuity If a former spouse who is eligible for a death-in-service annuity under this section is or becomes eligible for an annuity under sec- tion 2034 of this title, the annuity provided under this section shall not be payable and shall be superseded by the annuity under sec- tion 2034 of this title. (c) Annuities for surviving children (1) Participants dying before April 1, 1992 In the case of a participant who before April 1, 1992, died before separation or retirement from the Agency and who was survived by a child or children— (A) if the participant was survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and (B) if the participant was not survived by a spouse, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title. (2) Participants dying on or after April 1, 1992 In the case of a participant who on or after April 1, 1992, dies before separation or retire- ment from the Agency and who is survived by a child or children— (A) if the participant is survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid from the fund to or on behalf of each such surviving child an annuity determined under section 2031(d)(3)(A) of this title; and (B) if the participant is not survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, there shall be paid to or on be- half of each such surviving child an annuity determined under section 2031(d)(3)(B) of this title. (3) ‘‘Former spouse’’ defined For purposes of this subsection, the term ‘‘former spouse’’ includes any former wife or husband of a participant, regardless of the length of marriage or the amount of creditable service completed by the participant. (Pub. L. 88–643, title II, § 232, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3223; amended Pub. L. 103–178, title II, § 202(a)(9), Dec. 3, 1993, 107 Stat. 2026; Pub. L. 116–92, div. E, title LXII, § 6202(a)(2)(A)(i), Dec. 20, 2019, 133 Stat. 2185.) Editorial Notes PRIOR PROVISIONS A prior section 232 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1048; Pub. L. 91–185, § 4, Dec. 30, 1969, 83 Stat. 848; Pub. L. 94–522, title II, § 208, Oct. 17, 1976, 90 Stat. 2471; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 100–178, title IV, § 402(a), Dec. 2, 1987, 101 Stat. 1013; Pub. L. 101–193, title III, § 303, Nov. 30, 1989, 103 Stat. 1703; Pub. L. 102–88, title III, § 305(a)(3), Aug. 14, 1991, 105 Stat. 432; Pub. L. 102–183, title III, § 302(b), (c), Dec. 4, 1991, 105 Stat. 1262, 1263; Pub. L. 102–496, title III, § 304(b), Oct. 24, 1992, 106 Stat. 3183, re- lated to death in service and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 2019—Subsec. (b)(1). Pub. L. 116–92 substituted ‘‘2031(i),’’ for ‘‘2031(h),’’. 1993—Subsec. (b)(4). Pub. L. 103–178 substituted ‘‘eligi- ble for an annuity under section 2034’’ for ‘‘eligible for an annuity under section 2032’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title. EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 2053. Voluntary retirement (a) A participant who is at least 50 years of age and has completed 20 years of service may, on the participant’s application and with the con- sent of the Director, be retired from the Agency and receive benefits in accordance with the pro- visions of section 2031 of this title if the partici- pant has not less than 10 years of service with the Agency. (b) A participant who has at least 25 years of service, ten years of which are with the Agency, may retire, with the consent of the Director, at any age and receive benefits in accordance with the provisions of section 2031 of this title if the Office of Personnel Management has authorized