survivor annuities

survivor annuities Sec. 506. (a) Section 10(a)(2) of the Civil Service Retirement Act (5 U.S.C. 2260(a)(2)) is amended to read as follows: “(2) An annuity computed under this subsection shall commence on the day after the retired employee dies, and such annuity or any right thereto shall terminate on the last day of the month before (A) in the case of the survivor of a retired employee, the survivor’s remarriage prior to attaining age sixty, or death or (B) in the case of the survivor of a Member, the survivor’s death or remarriage.” (b) The last sentence of section 10(c) of such Act (5 U.S.C. 2260(c)) is amended to read as follows: “The annuity of such widow or dependent widower shall commence on the day after the employee or Member dies, and an annuity under this subsection or any right thereto shall terminate on the last day of the month before (1) the death of the widow or widower, (2) remarriage of the widow or widower of an employee prior to attaining age sixty, (3) remarriage of the widow or widower of a Member regardless of age, or (4) the widower’s becoming capable of self-support.” (c) Section 10(d) of such Act (5 U.S.C. 2260(d)) is amended to read as follows: “(d) If an employee or a Member dies after completing at least, five years of civilian service, or an employee or a Member dies after having retired under any provision of this Act, and is survived by a wife or by a husband, each surviving child shall be paid an annuity equal to the smallest of (1) 40 per centum of the employee’s or Member’s average salary divided by the number of children, (2) $600, or (3) $1, 800 divided by the number of children, subject to the provisions of section 18. If such employee or MEMBER is not survived by a wife or husband, each surviving child shall be paid an annuity equal to the smallest of (1) 50 per centum of the employee’s or Member’s average salary divided by the number of children, (2) $720, or (3) 80 Stat. 302$2, 160 divided by the number of children, subject to the provisions of section 18. The commencing date of a child’s annuity under this Act or the Act of May 29, 1930, as amended from and after February 28, 1948, shall be deemed to be the day after the employee or Member dies, with payment beginning on that day or beginning or resuming on the first day of the month in which the child later becomes or again becomes a student as described in section 1 (j), provided the lump-sum credit, if paid, is returned to the fund. Such annuity shall terminate on the last day of the month before (1) the child’s attaining age eighteen unless he is then a student as described or incapable of self-support, (2) his becoming capable of self-support after attaining age eighteen unless he is then such a student, (3) his attaining age twenty-two if he is then such a student and not incapable of self-support, (4) his ceasing to be such a student after attaining age eighteen unless his is then incapable of self-support, (5) his marriage, or (6) his death, whichever first occurs. Upon the death of the surviving wife or husband or termination of the child’s annuity, the annuity of any other child or children shall be recomputed and paid as though such wife, husband, or child had not survived the employee or Member.” (d) Section 10 of such Act (5 U.S.C. 2260) is amended by adding at the end thereof the following subsection: “(f) In the case of a surviving spouse whose annuity under this section is hereafter terminated because of remarriage before attaining age sixty, annuity at the same rate shall be restored commencing on the day such remarriage is dissolved by death, annulment, or divorce: Provided, That (1) said surviving spouse elects to receive such annuity in lieu of any survivor benefit to which he or she may be entitled, under this or any other retirement system established for employees of the Government, by reason of the remarriage, and (2) any lump sum paid upon termination of the annuity is returned to the fund.”