The annuity of a survivor terminates on the last day of the ath before death or other terminating event occurs.

i) An individual entitled to annuity from the Fund may decline accept all or any part of the annuity by a waiver signed and filed h the Office of Personnel Management. The waiver may be revoked writing at any time. Payment of the annuity waived may not be de for the period during which the waiver was in effect.

e) Payment due a minor, or an individual mentally incompetent under other legal disability, may be made to the person who is concuted guardian or other fiduciary by the law of the State of resince of the claimant or is otherwise legally vested with the care of claimant or his estate. If a guardian or other fiduciary of the indidual under legal disability has not been appointed under the law of State of residence of the claimant, payment may be made to any rson who, in the judgment of the Office, is responsible for the care of claimant, and the payment bars recovery by any other person. f) (1) Notwithstanding any other provision of this subchapter ter than this subsection, the monthly rate of annuity payable under section (a) of this section shall not be less than the smallest priry insurance amount, including any cost-of-living increase added that amount, authorized to be paid from time to time under title II the Social Security Act.

(2) Notwithstanding any other provision of this subchapter, other in this subsection, the monthly rate of annuity payable under subtion (a) of this section to a surviving child shall not be less than the allest primary insurance amount, including any cost-of-living inase added to that amount, authorized to be paid from time to time der title II of the Social Security Act, or three times such primary surance amount divided by the number of surviving children entled to an annuity, whichever is the lesser.

3) The provisions of this subsection shall not apply to an annuitant to a survivor who is or becomes entitled to receive from the United tes an annuity or retired pay under any other civilian or military tirement system, benefits under title II of the Social Security Act, a nsion, veterans' compensation, or any other periodic payment of a milar nature, when the monthly rate thereof, is equal to or greater in the smallest primary insurance amount, including any cost-ofing increase added to that amount, authorized to be paid from time time under title II of the Social Security Act.

g) The Office shall prescribe regulations to provide that the Zount of any monthly annuity payable under this section accruing any month and which is computed with regard to service that indes any service referred to in section 8332(b) (6) performed by an dividual prior to January 1, 1969, shall be reduced by the portion of y benefits under any State retirement system to which such indidual is entitled (or on proper application would be entitled) for ch month which is attributable to such service performed by such -dividual before such date.

(h) An individual entitled to an annuity from the Fund may make otments or assignments of amounts from his annuity for such purses as the Office of Personnel Management in its sole discretion conders appropriate.

(i) (1) No payment shall be made from the Fund unless an applica tion for benefits based on the service of an employee or Member i received in the Office of Personnel Management before the one hun dred and fifteenth anniversary of his birth.

(2) Notwithstanding paragraph (1) of this subsection, after th death of an employee, Member, or annuitant, no benefit based on hi service shall be paid from the Fund unless an application therefo is received in the Office of Personnel Management within 30 year after the death or other event which gives rise to title to the benefit (j) (1) Payments under this subchapter which would otherwis be made to an employee, Member, or annuitant based upon his servic shall be paid (in whole or in part) by the Office to another person i and to the extent expressly provided for in the terms of any cour decree of divorce, annulment, or legal separation, or the terms of an court order or court-approved property settlement agreement inciden to any court decree of divorce, annulment, or legal separation. An payment under this paragraph to a person bars recovery by any othe

person.

(2) Paragraph (1) shall only apply to payments made by the Offic under this subchapter after the date of receipt in the Office of writte notice of such decree, order, or agreement, and such additional infor mation and documentation as the Office may prescribe.

(3) As used in this subsection, "court" means any court of any Stat or the District of Columbia. (Pub. L. 89-554, Sept. 6, 1966, 80 Sta 582, amended Pub. L. 93-273, § 1, Apr. 26, 1974, 88 Stat. 93; Pub. I 94-126, § 1(c), Nov. 12, 1975, 89 Stat. 679; Pub. L. 94-166, § 1, Dec. 23 1975, 89 Stat. 1002; Pub. L. 95-366, Sept. 15, 1978, 92 Stat. 600; Pub L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

§ 8346. Exemption from legal process; recovery of payments

(a) The money mentioned by this subchapter is not assignabl either in law or equity, except under the provisions of subsections (h and (j) of section 8345 of this title, or subject to execution, levy, a tachment, garnishment, or other legal process, except as otherwise ma be provided by Federal laws.

(b) Recovery of payments under this subchapter may not be mad from an individual when, in the judgment of the Office of Personn Management, the individual is without fault and recovery would b against equity and good conscience. Withholding or recovery of mone mentioned by this subchapter on account of a certification or paymer made by a former employee of the United States in the discharge his official duties may be made only if the head of the agency on beha of which the certification or payment was made certifies to the Offi that the certification or payment involved fraud on the part of th former employee. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 583; Pub. 1 95-366, Sept. 15, 1978, 92 Stat. 600; Pub. L. 95-454, Oct. 13, 1978, Stat. 1224.)

§ 8347. Administration; regulations

(a) The Office of Personnel Management shall administer this su chapter. Except as otherwise specifically provided herein, the Offi shall perform, or cause to be performed, such acts and prescribe su regulations as are necessary and proper to carry out this subchapte

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Sec. 8347

ica. (b) Applications under this subchapter shall be in such form as Tis the Office prescribes. Agencies shall support the applications by such ertificates as the Office considers necessary to the determination of the rights of applicants. The Office shall adjudicate all claims under the this subchapter.

his

(c) The Office shall determine questions of disability and dependforney arising under this subchapter. Except to the extent provided under subsection (d) of this section, the decisions of the Office conSterning these matters are final and conclusive and are not subject to ise review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning if disability or dependency of an individual receiving or applying for annuity under this subchapter. The Office may suspend or deny annuity for failure to submit to examination.

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(d) (1) Subject to paragraph (2) of this subsection, an administrative action or order affecting the rights or interests of an individual or of the United States under this subchapter may be appealed to the Merit Systems Protection Board under procedures prescribed by the eBoard.

(2) In the case of any individual found by the Office to be disabled in whole or in part on the basis of the individual's mental condition, and that finding was made pursuant to an application by an agency for purposes of disability retirement under section 8337 (a) of this title, the procedures under section 7701 of this title shall apply and Lthe decision of the Board shall be subject to judicial review under section 7703 of this title.

(e) The Office shall fix the fees for examinations made under this subchapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering this subchapter.

(f) The Office shall select three actuaries, to be known as the Board of Actuaries of the Civil Service Retirement System. The Office shall fix the pay of the members of the Board, except members otherwise in the employ of the United States. The Board shall report annually on the actuarial status of the System and furnish its advice and opinion on matters referred to it by the Office. The Board may recommend to the Office and to Congress such changes as in the Board's judgment are necessary to protect the public interest and maintain the System on a sound financial basis. The Office shall keep, or cause to be kept, such records as it considers necessary for making periodic actuarial valuations of the System. The Board shall make actuarial valuations every 5 years, or oftener if considered necessary by the Office.

(g) The Office may exclude from the operation of this subchapter an employee or group of employees in or under an Executive agency whose employment is temporary or intermittent. However, the Office may not exclude any employee who occupies a position on a part-time career employment basis (as defined in section 3401 (2) of this title). (h) The Office, on recommendation by the Mayor of the District of Columbia. may exclude from the operation of this subchapter an individual or group of individuals employed by the government of the District of Columbia whose employment is temporary or intermittent.

(i) The Architect of the Capitol may exclude from the operation of this subchapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.

(j) The Librarian of Congress may exclude from the operation of this subchapter an employee under the Library of Congress whose employment is temporary or of uncertain duration.

(k) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this subchapter to an individual named by section 8331 (1) (F) of this title.

(1) The Director or Acting Director of the Botanic Garden may exclude from the operation of this subchapter an employee under the Botanic Garden whose employment is temporary or of uncertain dura

tion.

(m) Notwithstanding any other provision of law, for the purpose of ensuring the accuracy of information used in the administration of this chapter, at the request of the Director of the Office of Personnel Management

(1) the Secretary of Defense or the Secretary's designee shall provide information on retired or retainer pay provided under title 10: and

(2) the Administrator of Veterans Affairs shall provide information on pensions or compensation provided under title 38. The Director shall request only such information as the Director determines is necessary. The Director, in consultation with the officials from whom information is requested, shall establish, by regulation and otherwise, such safeguards as are necessary to ensure that information made available under this subsection is used only for the purpose authorized. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 583, amended Pub. L. 90-83, § 1(84), Sept. 11, 1967, 81 Stat. 218; Pub. L. 90–623, § 1(22) Oct. 22, 1968, 82 Stat. 1313; Pub. L. 94-166, § 2, Dec. 23, 1975, 89 Stat. 1002; Pub. L. 95-437, Oct. 10, 1978, 92 Stat. 1058; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224 and 1227; Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 384; Pub. L. 96-499, Dec. 5, 1980, 94 Stat. 2606; Pub. L. 96-500, Dec. 5, 1980, 94 Stat. 2696.)

§ 8348. Civil Service Retirement and Disability Fund

(a) There is a Civil Service Retirement and Disability Fund. The Fund

(1) is appropriated for the payment of—

(A) benefits as provided by this subchapter; and

(B) administrative expenses incurred by the Office of Personnel Management in placing in effect each annuity adjustment granted under section 8340 of this title; and

(2) is made available, subject to such annual limitation as the Congress may prescribe, for any expenses incurred by the Office in connection with the administration of this chapter and other retirement and annuity statutes.

(b) The Secretary of the Treasury may accept and credit to the Fund money received in the form of a donation, gift, legacy, or bequest, or otherwise contributed for the benefit of civil service employees generally.

(c) The Secretary shall immediately invest, in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund.

(d) The purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, as amended, are extended to authorize the issuance at par of public-debt obligations for purchase by the Fund. The obligations issued for purchase by the Fund shall have maturities fixed with due regard for the needs of the Fund and bear interest at a rate equal to the average market yield computed as of the end of the calendar month next preceding the date of the issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of 4 years from the end of that calendar month. If the average market yield is not a multiple of % of 1 percent, the rate of interest on the obligations shall be the multiple of 1% of 1 percent nearest the average market yield.

(e) The Secretary may purchase other interest-bearing obligations of the United States, or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price only if he determines that the purchases are in the public in

terest.

(f) Any statute which authorizes—

(1) new or liberalized benefits payable from the Fund, including annuity increases other than under section 8340 of this title; (2) extension of the coverage of this subchapter to new groups of employees; or

(3) increases in pay on which benefits are computed;

is deemed to authorize appropriations to the Fund to finance the unfunded liability created by that statute, in 30 equal annual installments with interest computed at the rate used in the then most recent valuation of the Civil Service Retirement System and with the first payment thereof due as of the end of the fiscal year in which each new or liberalized benefit, extension of coverage, or increase in pay is effective.

(g) At the end of each fiscal year, the Office shall notify the Secretary of the Treasury of the amount equivalent to (1) interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annuities for that year which the Office estimates is attributable to credit allowed for military service. Before closing the accounts for each fiscal year, the Secretary shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the following percentages of such amounts: 10 percent for 1971; 20 percent for 1972; 30 percent for 1973; 40 percent for 1974; 50 percent for 1975; 60 percent for 1976; 70 percent for 1977; 80 percent for 1978; 90 percent for 1979; and 100 percent for 1980 and for each fiscal year thereafter. The Office shall report to the President and to the Congress the sums credited to the Fund under this subsection.