§ 4055. Lump-sum payments
(a)
Requirements for payment
(1)
A participant is entitled to be paid a lump-sum credit if the participant—
(A)
is separated from the Service for at least 31 consecutive days, or is transferred to a position in which the participant is not subject to this subchapter and remains in such a position for at least 31 consecutive days;
(C)
is not reemployed in a position in which the participant is subject to this subchapter at the time the participant files the application;
(D)
will not become eligible to receive an annuity under this part within 31 days after filing the application; and
(b)
Recall service; return of contributions
Whenever an annuitant becomes separated from the Service following a period of recall service without becoming eligible for a supplemental or recomputed annuity under section
4063 of this title, the compulsory contributions of the annuitant to the Fund for such service, together with any special contributions the annuitant may have made for other service performed after the date of separation from the Service which forms the basis for annuity, shall be returned to the annuitant (and any former spouse of the annuitant who was married to the participant during the period of recall service, in accordance with subsection (i) of this section).
(c)
Difference between annuity and lump-sum credit
If all annuity rights under this part based on the service of a deceased participant or annuitant terminate before the total annuity paid equals the lump-sum credit to which the participant or annuitant is entitled, the difference shall be paid in accordance with subsection (f) of this section.
(d)
Lack of eligible survivors
If a participant or former participant dies and is not survived by an individual eligible for an annuity under this part or by such an individual or individuals all of whose annuity rights terminate before a claim for survivor annuity is filed, the lump-sum credit to which the participant or annuitant is entitled shall be paid in accordance with subsection (f) of this section.
(e)
Death of annuitant who was former participant
If an annuitant who was a former participant dies, any annuity accrued and unpaid shall be paid in accordance with subsection (f) of this section.
(f)
Order of precedence for payments
Payments under subsections (c) through (e) of this section shall be paid in the following order of precedence to individuals surviving the participant and alive on the date entitlement to the payment arises, upon the establishment of a valid claim therefor, and such payment shall be a bar to recovery by any other person:
(1)
To the beneficiary or beneficiaries last designated by the participant before or after retirement in a signed and witnessed writing filed with the Secretary of State prior to the death of the participant, for which purpose a designation, change, or cancellation of beneficiary in a will or other document which is not so executed and filed shall have no force or effect.
(3)
If none of the above, to the child (without regard to the definition in section
4044
(2) of this title) or children of the participant (including adopted and natural children but not stepchildren) and descendants of deceased children by representation.
(5)
If none of the above, to the duly appointed executor or administrator of the estate of the participant.
(6)
If none of the above, to such other next of kin of the participant as may be determined in the judgment of the Secretary of State to be legally entitled to such payment, except that no payment shall be made under this paragraph until after the expiration of 30 days after the death of the participant or annuitant.
(g)
Death of survivor annuitant
Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person:
(h)
Amount of credit
[1] Amounts deducted and withheld from basic salary of a participant under section
4045 of this title from the beginning of the first pay period after the participant has completed 35 years of service computed under section
4056 of this title (excluding service credit for unused sick leave under section
4056
(b) of this title), together with interest on the amounts at the rate of 3 percent a year compounded annually from the date of the deduction to the date of retirement or death, shall be applied toward any special contribution due under section
4045
(d) of this title), and any balance not so required shall be refunded in a lump sum to the participant after separation or, in the event of a death in service, to a beneficiary in the order of precedence specified in subsection (f) of this section.
(i)
Former spouses
Unless otherwise expressly provided by any spousal agreement or court order under section
4060
(b)(1) of this title, the amount of a participant’s or former participant’s lump-sum credit payable to a former spouse of that participant shall be—
(1)
if the former spouse was married to the participant throughout the period of creditable service of the participant, 50 percent of the lump-sum credit to which such participant would be entitled in the absence of this subsection, or
(2)
if such former spouse was not married to the participant throughout such creditable service, an amount equal to such former spouse’s pro rata share of 50 percent of such lump-sum credit.
The lump-sum credit of the participant shall be reduced by the amount of the lump-sum credit payable to the former spouse. For the purposes of this subsection, the term “creditable service” means service which is creditable under part I or II of this subchapter.
[1] See Amendment of Section note below.