22 U.S.C. § 4049 — Death in service
submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 807 words · no verdicts yet
This section sets the benefits available when a Foreign Service participant dies before retirement or while recalled to service. It provides rules for a lump-sum credit, survivor annuities for spouses, former spouses, and children, added service credit, and when payments begin or end.
(a) Lump-sum credit. If a participant dies and no annuity may be paid under this part, the lump-sum credit must be paid under section 4055 of this title.
(b) Surviving spouse. If a participant has at least 18 months of civilian service credit toward retirement and dies before retiring or otherwise leaving the Service, a surviving spouse or qualifying former spouse may receive the benefits described here. A surviving spouse receives an annuity equal to 55 percent of the annuity calculated under subsections (e) and (g) of this section and section 4046(a). A surviving former spouse receives an annuity under section 4054(b), calculated as if the participant died after becoming entitled to an annuity. If the participant had less than 3 years of creditable civilian service, the survivor annuity is based on the participant's average salary for the entire period of that service.
(c) Surviving spouse or former spouse, and children. If the participant had at least 18 months of civilian service credit and dies before retirement or separation, and is survived by a spouse or former spouse who is the natural or adoptive parent of a surviving child, each surviving child receives an annuity calculated under section 4046(c)(1) and (d).
(d) Surviving children. If the participant had at least 18 months of civilian service credit and dies before retirement or separation, and is not survived by a spouse or by a former spouse who is the natural or adoptive parent of a surviving child, each surviving child receives an annuity calculated under section 4046(c)(2) and (d).
(e) Service credit; presumption of qualification. If the participant had less than 20 years of service credit at death, the annuity under subsection (b) is calculated under section 4046 as if the participant had 20 years of service. The added credit cannot be more than the difference between the participant's age at death and age 60. In every case under this subsection or subsection (b), (c), (d), or (g), the participant is treated as qualified for retirement on the date of death.
(f) Recall service. If an annuitant receiving a reduced annuity dies while serving after recall under section 3948, and a spouse or former spouse is entitled to a survivor annuity based on that annuitant's service, the survivor annuity is calculated as if the recall service ended on the day of death and the deceased's annuity resumed under section 4063. If the annuitant completed enough recall service to qualify for a supplemental annuity, a surviving spouse or former spouse married to the participant at any time during recall service may elect, instead of a refund of retirement contributions made during that service and in addition to other benefits, a supplemental survivor annuity under section 4046(i), as if the recall service had ended. If the annuitant completed enough recall service to have the annuity recalculated, a surviving spouse or qualifying former spouse may elect, instead of any other survivor benefit under this subchapter, to have the annuitant's rights recalculated and receive a survivor annuity under subsection (b) based on the annuitant's total service.
(g) Limit on surviving spouse's annuity. Despite subsection (b), if the participant or former participant had a qualifying former spouse, the spouse's annuity under this section is limited under section 4046(b)(3)(B).
(h) Beginning, ending, and resuming annuities. Annuities payable under this section begin, end, and resume as provided in the appropriate provision of section 4046(b)(4), (e), or (h).
If a participant dies and no claim for annuity is payable under this part, the lump-sum credit shall be paid in accordance with section 4055 of this title.
If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or former spouse qualifying for an annuity under section 4054(b) of this title, such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with subsections (e) and (g) of this section and section 4046(a) of this title and any surviving former spouse shall be entitled to an annuity under section 4054(b) of this title as if the participant died after being entitled to an annuity under this part. If the participant had less than 3 years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service.
If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant, and a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(1) and (d) of section 4046 of this title.
If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is not survived by a spouse, or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of section 4046 of this title.
If, at the time of his or her death, the participant had less than 20 years of service credit toward retirement under the System, the annuity payable in accordance with subsection (b) shall be computed in accordance with section 4046 of this title on the assumption he or she has had 20 years of service, except that the additional service credit that may accrue to a deceased participant under this subsection shall in no case exceed the difference between his or her age on the date of death and age 60. In all cases arising under this subsection or subsection (b), (c), (d), or (g), it shall be assumed that the deceased participant was qualified for retirement on the date of death.
If an annuitant entitled to a reduced annuity dies in service after being recalled under section 3948 of this title and is survived by a spouse or former spouse entitled to a survivor annuity based on the service of such annuitant, such survivor annuity shall be computed as if the recall service had otherwise terminated on the day of death and the annuity of the deceased had been resumed in accordance with section 4063 of this title. If such death occurs after the annuitant had completed sufficient recall service to attain eligibility for a supplemental annuity, a surviving spouse or surviving former spouse who was married to the participant at any time during a period of recall service shall be entitled to elect, in addition to any other benefits and in lieu of a refund of retirement contributions made during the recall service, a supplemental survivor annuity computed and paid under section 4046(i) of this title as if the recall service had otherwise terminated. If the annuitant had completed sufficient recall service to attain eligibility to have his or her annuity determined anew, a surviving spouse or such a surviving former spouse may elect, in lieu of any other survivor benefit under this subchapter, to have the rights of the annuitant redetermined and to receive a survivor annuity computed under subsection (b) on the basis of the total service of the annuitant.
Notwithstanding subsection (b), if the participant or former participant had a former spouse qualifying for an annuity under section 4054(b) of this title, the annuity of the spouse under this section shall be subject to the limitation of section 4046(b)(3)(B) of this title.
Annuities that become payable under this section shall commence, terminate, and be resumed in accordance with subsection (b)(4), (e), or (h) of section 4046 of this title, as appropriate.
Source credit: (Pub. L. 96–465, title I, § 809, Oct. 17, 1980, 94 Stat. 2111; Pub. L. 99–335, title IV, § 402(a)(2), (c), June 6, 1986, 100 Stat. 609; Pub. L. 100–238, title II, §§ 214(b), 215(b), Jan. 8, 1988, 101 Stat. 1774.)
- 1980Enacted · Pub. L. 96-465 · 94 Stat. 2111
- 1986Amended · Pub. L. 99-335 · 100 Stat. 609
- 1988Amended · Pub. L. 100-238 · 101 Stat. 1774
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.
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