PUBLIC LAW 91-658 91ST CONGRESS, S. 437 JANUARY 8, 1971

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74B00415R000600020008-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: August 7, 2001
• Sequence Number: 8
• Publication Date: January 8, 1971
• Content Type: REGULATION

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Public Law 91-658
91st Congress, S. 437
January 8, 1971
an art
To amend chapter 83 of title 5, United States Code, relating to survivor annu-
ities under the civil service retirement program, and for other purposes.
Be it enacted b the Senate and House of Representatives of the
United States of America in Congress assembled, That section Civil service
8332(f) of title 5, United States Code, is amended by inserting imme- retirement.
diatel after the first sentence thereof the following new sentence: survivor
"An employee or former employee who returns to duty after a period s
to have 0 State 568.
of separation is deemed, for the purpose of this subsection,
been m a leave of absence without pay for that part of the period in
which he was receiving benefits under subchapter I of chapter 81 of
this title or any earlier statute on which such subchapter is based.". 5 use 6101.
SEC. 2 (a) Section 8339(i) of title 5, United States Code, is Reduced
amended by striking out "his spouse" and inserting in lieu thereof annuities.
"any spouse surviving him".
(b) Section 8339(j) of title 5, United States Code, is amended-
(1) by inserting " (1) " immediately after "(j)'; and
(2) by adding at the end thereof the following new paragraph :
"(2) An employee or Member, who is unmarried at the time of
retiring under a provision of law which permits election of a reduced
annuity with a survivor annuity payable to his spouse and who later
marries, may irrevocably elect, in a signed writing received in the
Commission within 1 year after he marries, a reduction in his current
annuity as provided in subsection (i) of this section. His reduced
annuity is effective the first day of the month after his election is
received in the Commission. The election voids prospectively aniy elec-
tion previously made under paragraph (1) of this subsection.'.
SEC. 3. (a) Section 8341(a) of title 5, United States Code, is
amended-
(1) by inserting "and" at the end of paragraph (2) (B) ;
(2) by striking out paragraph (3) ; and
(3) by ienumberin paragraph (4) as paragraph (3).
(b) Section 8341(b) o title 5, United States rode, is amended to
read as follows :
"(b) (1) Except as provided in paragraph (2) of this subsection,
if an employee or Member dies after having retired under this sub-
chapter and is survived by a spouse to whom he was married at the
time of retirement, or by a widow or widower whom he married after
retirement, the spouse, widow, or widower is entitled to an annuity
equal to 55 percent, or 50 percent if retired before October 11, 1962,
of an annuity computed under section 8339(a)-(h) of this title as 8o stat. 574;
may apply with respect to the annuitant, or of such portion thereof 81 Stat. 214,
as may have been designated for this purpose under section 8339(i) 642.
of this title, unless the employee or Member has notified the Commis-
sion in writing at the time of retirement that he does not desire any
spouse surviving him to receive this annuity. 84 STAT. 1961
` (2) If an annuitant- 84 STAT. 1962
" A) who retired before April 1, 1948; or
"(B) who elected a reduced annuity provided in paragraph (2)
of section 8339(j) of this title; Ante; p. 1961.
dies and is survived by a widow or widower, the widow or widower is
entitled to an annuity in an amount which would have been paid had
the annuitant been married to the widow or widower at the time of
retirement.
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Pub. Law 91-658 - 2 _ January 8, 1971
"(3)A spouse acquired after retirement is entitled to a survivor
annuity under this subsection only upon electing this annuity instead
of any other survivor benefit to which he may V. entitled under this
subchapter or another retirement system for Government employees.
The annuity of the spouse, widow, or widower under this subsection
Termination. commences on the day after the annuitant dies. This annuity and the
right thereto terminate on the last day of the month before the spouse,
widow, or widower-
"(A) dies; or
"(B) remarries before becoming 60 years of age.".
Survivor (c) Section 8341(d) of title 5, United States Code, is amended to
annuities. read as follows:
80 Stat. 578; "(d) If an employee or Member dies after completing at least 18
83 Stat. 140. months of civilian service, his widow or widower is entitled to an
annuity equal to 55 percent of an annuity computed under section 8339
80 Stat. 574; (a)-(e) and (h) of this title as may apply with respect to the
81 Stat. 642. employee or Member, except that, in the computation of the annuity
5 USC 8339. under such section, the annuity of the employee or Member shall be at
least the smaller of-
"(1) 40 percent of his average pay; or
"(2) the sum obtained under such section after increasing his
service of the type last performed by the period elapsing between
the date of death and the date he would have become 60 years
of`age.
The annuity of the widow or widower commences on the day after
Termination. the employee or Member dies. This annuity and the right thereto ter-
minate on the last day of the month before the widow or widower-
"(A) dies; or
"(11) remarries before becoming 60 years of age "
(d) Section 8341(e) (2) of title 5, United States Code, is amended
by striking out "subsection (a) (4)" and inserting in lieu thereof "sub-
section (a) (3) ".
Reemployed SEc. 4. Section 8344(a) of title 5, United States Code, is amended
annuitants. by striking out the last sentence and, inserting in lieu thereof the fol-
80 Stat. 581; lowing: "If the annuitant is receiving a reduced
....,.i:.._ annuity as provided
81 Stat. 217. in m4..e42U l; . ,. onn i_ c f-I r it ? . ,
ii-E%) P. Lvtu. annuity payable under subparagraph (A) of this subsection is reduced
by 10 percent and the survivor annuity payable under section 8341 (b)
of this title is increased by 55 percent of the increase in annuity pay-
able under such subparagraph (A),tmless, at the time of claiming the
increase payable under such subparagraph (A), the annuitant notifies
the Commission in writing that he does not desire the survivor annu-
ity to be increased. If the annuitant dies while still reemployed, the
survivor annuity payable is increased as though the reemployment
had otherwise terminated. If the annuitant dies while still reemployed
and the described reemployment had continued for at least 5 years,
the person entitled to survivor annuity. under section 8.341 (b) of this
title may elect to deposit in the Fund and have his rights redetermined
under this subchapter.".
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January 8, 1971 - 3 - Pub. Law 91-658
84 STAT. 1963
ectionr ~of this Act is Effective date.
-Su. 5.-{a) a amendment made by the first section,-
effective on with respect to annuity accruing for full'3honths begin-
ning after of.,enactment of this Act; but any part pof ~riod
of separ tioi r erred to in such amendment in which theelnpo "c or
former was was receiving benefits under subchapter I of chapter
81 of title 5, United States Code, or any earlier st Ahich such 80 Stat. 532.
bchapter is based shall be counted whether the; returns to 5 use 8101.
duty before, on, or after such date of enactment. With respect to any
person retired before such date of enactment, any such part of a period
of separation shall_bc out. d-only up n application of the4ermer
e h) The endnients made by sections 2(a) and 3 of this Act shall
not apply in the cases of employees, Members, or annuitants who died
before the date of enactment of this Act. The rights of such persons
and their survivors shall continue in the same manner and to the same
extent as if such amendments had not been enacted.
(c) The amendments made by section 2(b) of this Act shall apply
to an annuitant who was unmarried at the time of retiring, but who
later married, only if the election is made within 1 year after the date
of enactment of this Act.
(d) The amendment made by section 4 of this Act shall apply only
with respect to a reemployed annuitant whose employment terminates
on or after the date of enactment of this Act.
SEC. 6. The Act of August 25, 1958 (72 Stat. 838; 3 U.S.C. 102, Former
note), is amended as follows: Presidents,
(1) Subsection (a) is amended to read as follows: lifetime
"(a) Each former President shall be entitled for the remainder of allowance.
his life to receive from the United States a monetary allowance at a
rate per annum, payable monthly by the Secretary of the Treasury,
which is equal to the annual rate of basic pay, as in effect from time
to time, of the head of an executive department, as defined in section
101 of title 5, United States Code. However, such allowance shall not 80 Stat. 378;
be paid for any period during which such former President holds an 948.
appointive or elective office or position in or under the Federal Gov-
ernment or the government of the District of Columbia to which is
attached a rate of pay other than a nominal rate.";
(2) Subsection (e) is amended to read as follows: Widows,
"(e) The widow of each former President shall be entitled to allowance.
receive from the United States a monetary allowance at a rate of
$20,000 per annum, payable monthly by the Secretary of the Treasury,
if such widow shall waive the right to each other annuity or pension to
which she is entitled under any other Act of Congress. The monetary
allowance of such widow-
"(1) commences on the day after the former President dies;
"(2) terminates on the last day of the month before such Termination.
widow-
"(A) dies; or
"(B) remarries before becoming 60 years of age; and
"(3) is not payable for any period during which such widow
holds an appointive or elective office or position in or under the
Federal Government or the government of the District of
Columbia to which is attached a rate of pay other than a nominal
rate."; and
(3) Subsection (f) is amended to read as follows:
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Pub. Law 91-658 -4- January 8, 1971
84 STAT. 1964
"Former "(f) As used in this section, the term `former President' means a
President." person-
- (1) who shall have held the office of President of the United
States of America;
"(2) whose service in such office shall have terminated other
than by removal pursuant to section 4 of article II of the Consti-
USC pres. tution of the United States of America; and
title 1. " (3) who does not then currently hold such office.".
Approved January 8, 1971.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 91-1469 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 91-1092 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 116 (1970):
Sept. 10, considered and passed Senate.
Dec. 7, considered and passed House, amended.
Dec. 29, Senate concurred in House amendment.
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