
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC2052]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM
 
            Part D--Benefits Accruing to Certain Participants
 
Sec. 2052. Death in service


(a) Return of contributions when no annuity payable

    If a participant dies and no claim for an annuity is payable under 
this subchapter, the participant's lump-sum credit and any voluntary 
contributions made under section 2121 of this title, with interest, 
shall be paid in the order of precedence shown in section 2071(c) of 
this title.

(b) Survivor annuity for surviving spouse or former spouse

                           (1) In general

        If a participant dies before separation or retirement from the 
    Agency and is survived by a spouse or by a former spouse qualifying 
    for a survivor annuity under section 2032(b) of this title, such 
    surviving spouse shall be entitled to an annuity equal to 55 percent 
    of the annuity computed in accordance with paragraphs (2) and (3) of 
    this subsection and section 2031(a) of this title, and any such 
    surviving former spouse shall be entitled to an annuity computed in 
    accordance with section 2032(b) of this title and paragraph (2) of 
    this subsection as if the participant died after being entitled to 
    an annuity under this subchapter. The annuity of such surviving 
    spouse or former spouse shall commence on the day after the 
    participant dies and shall terminate on the last day of the month 
    before the death or remarriage before attaining age 55 of the 
    surviving spouse or former spouse (subject to the payment and 
    restoration provisions of sections 2031(b)(3)(C), 2031(h), and 
    2032(b)(3) of this title).

                           (2) Computation

        The annuity payable under paragraph (1) shall be computed in 
    accordance with section 2031(a) of this title, except that the 
    computation of the annuity of the participant under such section 
    shall be at least the smaller of (A) 40 percent of the participant's 
    high-3 average pay, or (B) the sum obtained under such section after 
    increasing the participant's length of service by the difference 
    between the participant's age at the time of death and age 60.

                           (3) Limitation

        Notwithstanding paragraph (1), if the participant had a former 
    spouse qualifying for an annuity under section 2032(b) of this 
    title, the annuity of a surviving spouse under this section shall be 
    subject to the limitation of section 2031(b)(3)(B) of this title, 
    and the annuity of a former spouse under this section shall be 
    subject to the limitation of section 2032(b)(4)(B) of this title.

     (4) Precedence of section 2034 survivor annuity over death-
                             in-service annuity

        If a former spouse who is eligible for a death-in-service 
    annuity under this section is or becomes eligible for an annuity 
    under section 2034 of this title, the annuity provided under this 
    section shall not be payable and shall be superseded by the annuity 
    under section 2034 of this title.

(c) Annuities for surviving children

             (1) Participants dying before April 1, 1992

        In the case of a participant who before April 1, 1992, died 
    before separation or retirement from the Agency and who was survived 
    by a child or children--
            (A) if the participant was survived by a spouse, there shall 
        be paid from the fund to or on behalf of each such surviving 
        child an annuity determined under section 2031(d)(3)(A) of this 
        title; and
            (B) if the participant was not survived by a spouse, there 
        shall be paid from the fund to or on behalf of each such 
        surviving child an annuity determined under section 
        2031(d)(3)(B) of this title.

          (2) Participants dying on or after April 1, 1992

        In the case of a participant who on or after April 1, 1992, dies 
    before separation or retirement from the Agency and who is survived 
    by a child or children--
            (A) if the participant is survived by a spouse or former 
        spouse who is the natural or adoptive parent of a surviving 
        child of the participant, there shall be paid from the fund to 
        or on behalf of each such surviving child an annuity determined 
        under section 2031(d)(3)(A) of this title; and
            (B) if the participant is not survived by a spouse or former 
        spouse who is the natural or adoptive parent of a surviving 
        child of the participant, there shall be paid to or on behalf of 
        each such surviving child an annuity determined under section 
        2031(d)(3)(B) of this title.

                    (3) ``Former spouse'' defined

        For purposes of this subsection, the term ``former spouse'' 
    includes any former wife or husband of a participant, regardless of 
    the length of marriage or the amount of creditable service completed 
    by the participant.

(Pub. L. 88-643, title II, Sec. 232, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3223; amended Pub. L. 103-178, 
title II, Sec. 202(a)(9), Dec. 3, 1993, 107 Stat. 2026.)


                            Prior Provisions

    A prior section 232 of Pub. L. 88-643, title II, Oct. 13, 1964, 78 
Stat. 1048; Pub. L. 91-185, Sec. 4, Dec. 30, 1969, 83 Stat. 848; Pub. L. 
94-522, title II, Sec. 208, Oct. 17, 1976, 90 Stat. 2471; Pub. L. 99-
335, title V, Sec. 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 100-178, 
title IV, Sec. 402(a), Dec. 2, 1987, 101 Stat. 1013; Pub. L. 101-193, 
title III, Sec. 303, Nov. 30, 1989, 103 Stat. 1703; Pub. L. 102-88, 
title III, Sec. 305(a)(3), Aug. 14, 1991, 105 Stat. 432; Pub. L. 102-
183, title III, Sec. 302(b), (c), Dec. 4, 1991, 105 Stat. 1262, 1263; 
Pub. L. 102-496, title III, Sec. 304(b), Oct. 24, 1992, 106 Stat. 3183, 
related to death in service and was set out as a note under section 403 
of this title prior to the general amendment of Pub. L. 88-643 by 
section 802 of Pub. L. 102-496.


                               Amendments

    1993--Subsec. (b)(4). Pub. L. 103-178 substituted ``eligible for an 
annuity under section 2034'' for ``eligible for an annuity under section 
2032''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section 
202(b) of Pub. L. 103-178, set out as a note under section 2001 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 403n, 403s, 2002, 2031 of 
this title.
