Pub. L. 102-183, tit. III, sec. 302

SURVIVOR BENEFITS FOR CHILDREN WHO HAVE A SURVIVING PARENT.

EnactedYear: 1991Length: 659 wordsOfficial source
SEC. 302. SURVIVOR BENEFITS FOR CHILDREN WHO HAVE A SURVIVING PARENT. (a) Computation of Annuities for Other Than Former Spouses.— (1) Subsection (c) of section 221 is amended— (A) in paragraph (1), by striking out “wife or husband and by a child or children, in addition to the annuity payable to the surviving wife or husband, there shall be paid to or on behalf of each” and inserting in lieu thereof “spouse or former spouse who is the natural or adoptive parent of a surviving child of the annuitant, there shall be paid to or on behalf of each such surviving”; and (B) in paragraph (2), by striking out “wife or husband but by a child or children, each surviving child shall be paid” and inserting in lieu thereof “spouse or former spouse who is the natural or adoptive parent of a surviving child of the annuitant, there shall be paid to or on behalf of each such surviving child”. (2) Subsection (d) of such section is redesignated as paragraph (3) of subsection (c) and as so redesignated is amended to read as follows: “(3) On the death of a surviving spouse or former spouse or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the annuitant. If the annuity of a surviving child who has not been receiving an annuity is initiated or resumed, the annuities of any other children shall be recomputed and paid from that date as though the annuities of all currently eligible children were then being initiated.”. (3) Subsection (c) of such section is further amended by adding at the end the following new paragraph: “(4) For purposes of this subsection, the term ‘former spouse’ includes any former wife or husband of the annuitant, regardless of the length of marriage or the amount of creditable service completed by the annuitant.”. (4) Subsection (e) of such section is redesignated as subsection (d) and is amended by striking out “under paragraph (c) or (d) of this section, or (c) or (d)” and inserting in lieu thereof “under paragraph (1) or (2) of subsection (c) of this section, or subsection (c) or (d)”. (b) Death in Service.— (1) Subsection (c) of section 232 is amended— (A) by striking out “wife or a husband and a child or children, each” and inserting in lieu thereof “spouse or former spouse who is the natural or adoptive parent of a surviving child of the participant, each such”; 105 STAT. 1263 (B) by striking out “section 221(c)(1)” and inserting in lieu thereof “subsections (c)(1) and (c)(3) of section 221”; and (C) by striking out the last sentence. (2) Subsection (d) of such section is amended— (A) by striking out “wife or husband, but by a child or children, each” and inserting in lieu thereof “spouse or a former spouse who is the natural or adoptive parent of a surviving child of the participant, that”; (B) by striking out “section 221(c)(2)” and inserting in lieu thereof “subsections (c)(2) and (c)(3) of section 221”; and (C) by striking out the last sentence. (3) Such section is further amended by adding at the end the following new subsection: “(e) For purposes of subsections (c) and (d), the term ‘former spouse’ includes any former wife or husband of the participant, regardless of the length of marriage or the amount of creditable service completed by the participant.”. (c) Conforming Cross-Reference Amendments.— (1) Sections 204(b)(3), 232(c), and 232(d) are amended by striking out “section 221(e)” and inserting in lieu thereof “section 221(d)”. (d) Effective Date.— The amendments made by this section shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act and shall apply with respect to annuities payable to children by reason of the death of a participant or annuitant on or after that date.
Pub. L. 102-183, tit. III, sec. 302: SURVIVOR BENEFITS FOR CHILDREN WHO HAVE A SURVIVING PARENT. | Justis AI