Pub. L. 94-350, tit. V, sec. 502

definitions

EnactedYear: 1976Length: 588 wordsOfficial source
definitions Sec. 502. (a) The caption of section 804 of such Act is amended to read “definitions”. (b) Section 804 of such Act is amended by striking out all of such section except paragraphs (4), (5), and (6) of subsection (b) and inserting in lien thereof the following: “When used in this title unless otherwise specified, the term— “(1) ‘Annuitant’ means any person including a former participant or survivor who meets all requirements for an annuity from the Fund under the provisions of this or any other Act and who has filed claim therefor. “(2) ‘Surviving spouse’ means the surviving wife or husband of a participant or annuitant who, in the case of a death in Service or marriage after retirement, was married to the participant or annuitant for at least two years immediately preceding his or her death or is the parent of a child born of the marriage. “(3) ‘Child’, except in section 841, means an unmarried child, under the age of eighteen years, or such unmarried child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of self-support. In addition to the offspring of the participant, such term includes (A) an adopted child, (B) a stepchild or recognized natural child who received more than one-half support from the participant, and (C) a child who lived with and for whom a petition of adoption was filed by a participant, and who is adopted by the surviving spouse of the participant after the latter’s death. Such term also includes an unmarried student below the age of twenty-two years. For this purpose a child whose twenty-second birthday occurs before duly 1 or after August 31 of a calendar year, and while a student is deemed to have become twenty-two years of age on the first day of July after that birthday. “(4) ‘Student’ means a child regularly pursuing a full-time 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. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years, semesters, or terms if the interim or other period of nonattendance does not exceed five calendar months and if the child shows to the satisfaction of the Secretary that he or90 STAT. 835 she has a bona fide intention of continuing to pursue such course during the school year, semester, or term immediately following the interim. “(5) Military and naval service’ means honorable active service— “(A) in the Armed Forces of the United States; “(B) in the Regular or Reserve Corps of the Public Health Service after June 30, 1960; or “(C) as a commissioned officer of the National Oceanic and Atmospheric Administration or predecessor organization after June 30, 1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States. “(6) ‘Foreign Service normal cost’ means the level percentage of payroll required to be deposited in the Fund to meet the cost of benefits payable under the System (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for Government employees and less the cost of credit allowed for military service.”. (c) Section 804 of such Act is further amended by redesignating present paragraphs (4), (5),and (6) of subsection (b) as paragraphs (7), (8), and (9), respectively.
Pub. L. 94-350, tit. V, sec. 502: definitions | Justis AI