US Code

Public Law 119-83 (04/13/2026)

50 U.S.C. § 2052

Death in service

(a)

Return of contributions when no annuity payable

section 2121 of this titlesection 2071(c) of this titleIf 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 , with interest, shall be paid in the order of precedence shown in .

(b)

Survivor annuity for surviving spouse or former spouse

(1)

In general

section 2032(b) of this titlesection 2031(a) of this titlesection 2032(b) of this titleIf 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 , 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 , and any such surviving former spouse shall be entitled to an annuity computed in accordance with 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(i), and 2032(b)(3) of this title).

(2)

Computation

section 2031(a) of this titleThe annuity payable under paragraph (1) shall be computed in accordance with , 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

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

(4)

Precedence of section 2034 survivor annuity over death-in-service annuity

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is or becomes eligible for an annuity under , the annuity provided under this section shall not be payable and shall be superseded by the annuity under .

(c)

Annuities for surviving children

(1)

Participants dying before

In the case of a participant who before , died before separation or retirement from the Agency and who was survived by a child or children—
(A)
section 2031(d)(3)(A) of this title 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 ; and
(B)
section 2031(d)(3)(B) of this title 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 .
(2)

Participants dying on or after

In the case of a participant who on or after , dies before separation or retirement from the Agency and who is survived by a child or children—
(A)
section 2031(d)(3)(A) of this title 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 ; and
(B)
section 2031(d)(3)(B) of this title 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 .
(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, § 232Pub. L. 102–496, title VIII, § 802106 Stat. 3223 Pub. L. 103–178, title II, § 202(a)(9)107 Stat. 2026 Pub. L. 116–92, div. E, title LXII, § 6202(a)(2)(A)(i)133 Stat. 2185 (, as added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

section 232 of Pub. L. 88–64378 Stat. 1048 Pub. L. 91–185, § 483 Stat. 848 Pub. L. 94–522, title II, § 20890 Stat. 2471 Pub. L. 99–335, title V, § 501(2)100 Stat. 622 Pub. L. 100–178, title IV, § 402(a)101 Stat. 1013 Pub. L. 101–193, title III, § 303103 Stat. 1703 Pub. L. 102–88, title III, § 305(a)(3)105 Stat. 432 Pub. L. 102–183, title III, § 302(b)105 Stat. 1262 Pub. L. 102–496, title III, § 304(b)106 Stat. 3183 section 403 of this titlePub. L. 88–643section 802 of Pub. L. 102–496A prior , title II, , ; , , ; , , ; , , ; , , ; , , ; , , ; , (c), , , 1263; , , , related to death in service and was set out as a note under prior to the general amendment of by .

Amendments

Pub. L. 116–922019—Subsec. (b)(1). substituted “2031(i),” for “2031(h),”.

Pub. L. 103–1781993—Subsec. (b)(4). substituted “eligible for an annuity under section 2034” for “eligible for an annuity under section 2032”.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Pub. L. 103–178section 202(b) of Pub. L. 103–178section 2001 of this titleAmendment by effective , see , set out as a note under .

Effective Date

section 805 of Pub. L. 102–496section 2001 of this titleSection effective on first day of fourth month beginning after , see , set out as a note under .