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STAT Approved For Release 2005/06/06 : CIA-RDP75B0038OR000700130011-3
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Civil Service Retirement Act, Approved July 31, 1956'
(This Act effective October 1, 1956, except as to amendments otherwise noted. For citations
to amendments, see table in FPM Supplement 831-1.)
DEFINITIONS
SEC. 1. Wherever used in this Act-
(a) The term "employee" shall mean a
civilian officer or employee in or under the
Government and, except for purposes of section
2, shall mean a person to whom this Act applies.
(b) The term "Member" shall mean the Vice
President, a United States Senator, Repre-
sentative in Congress, Delegate from a Terri-
tory, or the Resident Commissioner from Puerto
Rico, and, except for purposes of section 2,
shall mean a Member to whom this Act applies.
(c) The term "congressional employee"
means an employee of the Senate or House of
Representatives or of a committee of either
House, an employee of a joint committee of the
two Houses, an elected officer of the Senate or
House of Representatives who is not a Member
of either House, the Legislative Counsel of the
Senate and the Legislative Counsel of the
House of Representatives and the employees in
their respective offices, an Official Reporter of
Debates of the Senate and a person employed
by the Official Reporters of Debates of the
Senate in connection with the performance of
their official duties, a member of the Capitol
Police force, an employee of the Vice President
if such employee's compensation. is disbursed
by the Secretary of the Senate, and an employee
of a Member if such employee's compensation
is disbursed by the Secretary of the Senate or
the Clerk of the house of Representatives.
(d) The term "basic salary" shall not include
bonuses, allowances, overtime pay, military
pay, or salary, pay, or compensation given in
addition to the base pay of the position as fixed
by law or regulation: Provided, That for em-
ployees paid on a fee basis, the maximum
amount of basic salary which may be used shall
be $10,000 per annum. For a Member, the
term "basic salary" shall include, from April 1,
1954, to February 28, 1955, the amount received
as expense allowance under section 601 (b) of
the Legislative Reorganization Act of 1946,
as amended, and such amount from January 3,
1953, to March 31, 1954, provided deposit is
made therefor as provided in section 4.
(e) The term "average salary" shall mean
the largest annual rate resulting from averaging,
over any period of five consecutive years of
creditable service, or at a Member's option over
all periods of Member service subsequent to the
date of enactment of the Legislative Reorgani-
zation Act of 1946 used in the computation of
an annuity under this Act, a Member's or an
employee's rates of basic salary in erect during
such period, with each rate weighted by the time
it was in effect.
(f) The term "fund" shall mean the civil
service retirement and disability fund created
by the Act of May 22, 1920.
(g) The terms "disabled" and "disability"
shall mean totally disabled for useful and
efficient service in the grade or class of position
last occupied by the employee or Member by
reason of disease or injury not due to vicious
habits, intemperance, or willful misconduct on
his part within the five years next prior to
becoming so disabled.
(h) The term "widow", for purposes of sec-
tion 10, shall mean the surviving wife of an
employee or Member who was married to such
individual for at least two years immediately
preceding his death or is the mother of issue
by such marriage.
1 The beginning and the end of amendments are
marked by asterisks.
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Civil Service Retirement Act I-iO7
(i) The term widower, for purposes of section
to, shall mean the surviving husband of an em-
ployee or Member who was married to such
employee or Member for at least two years
immediately preceding her death or is the father
of issue by such marriage. The term dependent
widower, for purposes of section 10, shall mean
a widower who is incapable of self-support by
reason of mental or physical disability, and who
received more than one-half his support from
such employee or Member.
(j) The term child, for purposes of section
10(d), shall mean an unmarried child, including
(1) an adopted child, and (2) a stepchild or
recognized natural child who
* * * 204_ lived with the Member or employee
in a regular parent-child relationship, under
the ago of 18 years, or such unmarried child
regardless of age who because of physical or
mental disability incurred before age 18 is
incapable of self-support, * * * or such un-
married child between 18 and ->* * * 22
* * * 2c* * * 22d * * * 2oE birthday occurs
prior to July 1 or after August 31 of any
calendar year, and while he is regularly pursuing
such a course of study or training, shall be
deemed for the purposes of this paragraph and
section 10(d) to have attained the age of
a* * * 22 * * * 2c* * * 60 years and completes 20 years
of service, shall upon separation from the
service, be paid an annuity * * * 15a com-
puted as provided in section 9.
(c) Any employee the duties of whose posi-
tion are primarily the investigation, apprehen-
sion, or detention of persons suspected or con-
victed of offenses against the criminal laws of
the United States, including any employee
engaged in such activity who has been trans-
ferred to a supervisory or administrative posi-
tion, who attains the age of 50 years and com-
pletes 20 years of service in the performance
of such duties, may, if the head of his depart-
ment or agency recommends his retirement and
the Commission approves, voluntarily retire
from the service and be paid an annuity com-
puted as provided in section 9. The head of
iae Amendment, of July 18, 1066, shown between
asterisks.
assigned to the field service of the Bureau
of Prisons or to the field service of Federal
Prison Industries, Incorporated,
all civilian employees employed in the
field services at Army or Navy disci-
plinary barracks or at confinement and re-
habilitation facilities operated by any of
the United States armed services, and
(4) all employees of the Department of Cor-
rections of the District of Columbia, its
industries and utilities,
whose duties in connection with persons in de-
tention suspected or convicted of offenses
against the criminal laws of the United States
or of the District of Columbia or offenses against
the punitive articles of the Uniform Code of
Military Justice require frequent (as determined
by the appropriate administrative authority
with the concurrence of the Commission) direct.
contact with such persons in the detention,
direction, supervision, inspection, training, em-
ployment, care, transportation., or rehabilitation
of such persons.
(d) Any employee who completes 25 years
of service or who attains the age of 50 years and
completes 20 years of service shall upon in-
voluntary separation from the service not by
removal for cause on charges of misconduct
or delinquency, be paid a reduced annuity
computed as provided in section 9.
(c) Any employee who attains the ago of
62 years and completes five years of service,
shall upon separation from the service, be paid
an annuity computed as provided in section 9.
(f) Any Member who attains the age of
62 years and completes five years of * * * ci-
Inst. 48
October 17, 1966
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vilian service * * * 11, or who attains the age
of 60 years and completes 10 years of Member
service, shall, upon separation from the serv-
ice, be paid an annuity computed as provided
in section 9. Any Member who attains the
age of 55 years and completes 30 years of
service shall, upon separation from the service
prior to attainment of the age of 60 years, be
paid a reduced annuity computed as provided
in section 9. Any Member who completes
25 years of service, or who attains the age of
50 years * * * and (1) completes 20 years of
service or (2) shall have served in nine Con-
gresses * * * 17, shall, upon separation from
the service (other than separation by resig-
nation or expulsion), be paid a reduced annuity
computed as provided in section 9. No Mem-
ber or survivor of a Member shall be entitled to
receive an annuity under this act unless there
shall have been deducted or deposited the
amounts specified in section 4 with respect
to his last five years of * * * civilian
service. * * * 18
DISABILITY RETIREMENT
SEC. 7. (a) Any employee who completes
rive years of civilian service and who is found
by the Commission to have become disabled
shall, upon his own application or upon appli-
cation by his department or agency, be retired
on an annuity computed as provided in section
9. Any Member who completes five years of
Member service and who is found by the Com-
mission to have become disabled shall, upon
his own application, be retired on an annuity
computed as provided in section 9.
(b) No claim shall be allowed under this
section unless the application is filed with the
Commission prior to separation of the employee
or Member from the service or within one year
thereafter. This time limitation may be waived
by the Commission for an individual who at
the date of separation from service or within
one year thereafter is mentally incompetent,
if the application is filed with the Commission
11 Amendment of July 7, 1960, shown between asterisks.
17 Amendment of July 12, 1960, shown between aster-
isks.
18 Amendment of August 27, 1958, effective March 1,
1958, shown between asterisks.
Inst. 48
October 17, 1966
within one year from the date of restoration of
such individual to competency or the appoint-
ment of a fiduciary, whichever is the earlier.
(c) Each annuitant retired under this section
or under section 6 of the Act of May 29, 1930,
as amended, unless his disability is permanent
in character, shall at the expiration of one year
from the date of such retirement and annually
thereafter, until reaching age 60, be examined
under the direction of the Commission.. If the
annuitant fails to submit to examination as
required under this section, payment of the
annuity shall be suspended until continuance
of the disability is satisfactorily established.
(d) * * * If such annuitant, before reaching
age 60, recovers from his disability, payment
of the annuity shall cease upon reemployment
by the Government or one year from the date
of the medical examination showing such
recovery, whichever is earlier. If such annui-
tant, before reaching age 60, is restored to an
earning capacity fairly comparable to the cur-
rent rate of compensation of the position occu-
pied at the time of retirement, payment of the
annuity shall cease upon reemployment by the
Government or one year from the end of the
calendar year in which earning capacity is so
restored, whichever is earlier. Earning capac-
ity shall be deemed restored if, in each of two
succeeding calendar years, the income of the.
annuitant from wages or self-employment, or
both, shall equal at least 80 per centum of the
current rate of compensation of the position
occupied immediately prior to retirement.
(c) If such annuitant whose annuity is dis-
continued under subsection (d) is not reem-
ployed in any position included in the provisions
of this act, he shall be considered except for
service credit, as having been involuntarily
separated from the service for the purposes of
this act as of the date of discontinuance of the
disability annuity and shall, after such dis-
continuance, be entitled to annuity in accord-
ance with the applicable provision of this act.
In the case of an annuitant whose annuity is
heretofore or hereafter discontinued because of
an earning capacity provision of this or any
prior law and such annuitant is not reemployed
in any position included in the provisions of
this act, annuity at the same rate shall be
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Civil Service Retirement Act
restored effective the first of the year following
any calendar year in which his income from
wages or self-employment, or both, is less than
80 per centum of the current rate of compensa-
tion of the position occupied immediately prior
to retirement, if he has not recovered from the
disability for which he was retired. In the case
of an annuitant whose annuity is heretofore or
hereafter discontinued because of a medical
finding that the annuitant has recovered from
disability and such annuitant is not reemployed
in any position included in the provisions of this
act, annuity at the same rate shall be restored
effective from the date of medical examination
showing a recurrence of such disability. Neither
the second nor third sentence of this subsection
shall be applicable in the case of any person
receiving or eligible to receive annuity under
the first sentence hereof and who has reached
* * 19
the age of 62 years.*
(f) No person shall be entitled to receive an
annuity under this act and compensation for
injury or disability to himself under the Federal
Employees' Compensation Act of September
7, 1916, as amended, covering the same period
of time. This provision shall not bar the right
of any claimant to the greater benefit conferred
by either act for any part of the same period
of time. Neither this provision nor any pro-
vision in such Act of September 7, 1916, as
amended, shall deny to any person an annuity
accruing to such person under this act on ac-
count of service rendered by him, or deny any
concurrent benefit to such person under such
Act of September 7, 1.916, as amended, on ac-
count of the death of any other person.20
(g) Notwithstanding any provision of law to
the contrary, the right of any person entitled
to an annuity under this act shall not be af-
fected because such person has received an
award of compensation in a lump sum under
section 14 of the Act of September 7, 1916, as
amended, except that where such annuity is
1D Amendment of October 4, 1961, effective January
1, 1962, for payment purposes, shown between asterisks.
20 Public Law 86-767, approved September 13, 1960,
authorizes the making of scheduled disability payments
and furnishing of medical services to which entitled
under the Federal Employees' Compensation Act in
addition to annuity due.
payable on account of the same disability for
which compensation under such section has
been paid, so much of such compensation as
has been paid for any period extended beyond
the date such annuity becomes effective, as
determined by the Department of Labor, shall
be refunded to the Department of Labor, to be
covered into the Federal Employees' Compen-
sation Fund. Before such person shall receive
such annuity he shall (1) refund to such De-
partment the amount representing such com-
muted payments for such extended period, or
(2) authorize the deduction of such amount
from the annuity payable to him under this
act, which amount shall be transmitted to such
Department for reimbursement to such fund.
Deductions from such annuity may be made
from accrued and accruing payments, or may
be prorated against and paid from accruing
payments in such manner as the Department
of Labor shall determine, whenever it finds
that the financial circumstances of the annui-
tant are such as to warrant such deferred re-
funding.
DEFERRED RETIREMENT
SEC. 8. (a) Any employee who is separated
from the service or transferred to a position
not within the purview of this act after corn-
pleting five years of civilian service may be
paid an annuity beginning at the age of 62
years computed as provided in section 9.
(b) Any Member who on or after January 1,
1956, has been or is separated from the service
as a Member after completing five years of
* * * civilian service * * * 21 may hereafter
be paid an annuity beginning at the age
of 62 years, computed as provided in section 9.
Any Member who is separated from the service
after completing 10 or more years of Member
service may be paid an annuity beginning at
the age of 60 years, computed as provided in
section 9. * * * Any Member who is sepa-
rated from the service after completing 20 or
more years of service (including 10 or more
years of Member service) may be paid a re-
21 Amendments of July 7, 1960, and October 4, 1961,
shown between asterisks.
Inst. 48
October 17, 1966
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duced annuity beginning at the age of 50 years,
computed as provided in section 9. * * * 22
COMPUTATION OF ANNUITY 23
Sac. 9. (a) Except as otherwise provided in
this section, the annuity of an employee retiring
under this act shall be (1) the larger of (A)
l%% per centum of the average salary multiplied
by so much of the total service as does not exceed
five years, or (B) 1 per centum of the average
salary, plus $25, multiplied by so much of the
total service as does not exceed five years, plus
(2) the larger of (A) l-,% per centum of the aver-
age salary multiplied by so much of the total
service as exceeds five years but does not exceed
10 years, or (B) 1 per centum of the average
salary, plus $25, multiplied by so much of the
total service as exceeds five years but does not
exceed 10 years, plus (3) the larger of (A) 2
per centum of the average salary multiplied by
so much of the total service as exceeds 10
years, or (B) 1 per centum of the average salary,
plus $25, multiplied by so much of the total
service as exceeds 10 years: Provided, That the
annuity shall not exceed 80 per centum of the
average salary: Provided further, That the annu-
ity of an employee retiring under section 7 shall
be at least (1) 40 per centum of the average
salary or (2) the sum obtained under this sub-
section after increasing his total service by the
period elapsing between the date of separation
and the date he attains the age of 60 years,
whichever is the lesser, but this proviso shall not
increase the annuity of any survivor.
(b) * * * The annuity of a congressional
employee, or former congressional employee,
retiring under this act shall be computed as
provided in subsection (a), except that with
respect to so much of his service as a congres-
sional employee and his military service as does
22 Amendment of July 12, 1960, shown between as-
terisks.
23 Under part III of the Act of October 11, 1962,
each annuity (except any purchased by voluntary
contributions) commencing between January 2, 1963,
and December 31, 1963, is increased by 4 percent, by 3
percent if it commences between January 1, 1964,
and December 31, 1964, by 2 percent if it commences
in the calendar year 1965, or by 1 percent if commencing
in calendar year 1966, with such percentage increase
passing along to any qualified survivor.
Inst. 43
October 17, 1966
not exceed a total of 15 years, and with re-
spect to any Member service, the annuity shall
be computed by multiplying 2j% per centum of
the average salary by the years of such service:
* * * 24 Provided, That the annuity shall not
exceed 80 per centum of the average salary.
This subsection shall not apply unless the con-
gressional employee, * * * or former congres-
sional employee, (1) has had at least five years'
service as a congressional employee or Member,
or any combination of such service, and (2)
has had deductions withheld from his salary or
made deposit covering his last five years of
civilian service: * * * 24
Provided further, That the annuity of a
congressional employee retiring under section
7 shall be at least (1) 40 per centum of the
average salary or (2) the sum obtained under
this subsection after increasing his service as a
congressional employee by the period elapsing
between the date of separation and the date he
attains the age of 60 years, whichever is the
lesser, but this provision shall not increase the
annuity of any survivor.
(c) * * * The annuity of a Member, or
of a former Member with title to Member
annuity, retiring under this act shall be com-
puted as provided in subsection (a), except,
that if lie has had at least five years' service
as a Member or a congressional employee, or
any combination of such service the annuity
shall be computed, with respect to (1) his
service as a Member and so much of his military
service as is creditable for the purposes of this
clause, and (2) so much of his congressional em-
ployee service as does not exceed 15 years, by
multiplying 2% per centum of the average salary
by the years of such service.* * * 25 In no
case shall an annuity computed under this sub-
section exceed 80 per centum of the basic salary
that lie is receiving at the time of such separa-
tion from the service, and in no case shall the
annuity of a Member retiring under section 7
be less than (A) 40 per centum of the average
salary or (B) the sum obtained under this sub-
section after increasing his Member service by
24 Amendments of July 7, 1960, and October 4, 1961,
shown between asterisks.
25 Amendment of July 7, 1960, shown between
asterisks.
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Civil Service Retirement Act
the period elapsing between the date of separa-
tion and the date he attains the age of 60 years,
whichever is the lesser, but this provision shall
not increase the annuity of any survivor.
->* * * (d) The annuity as hereinbefore
provided for an employee retiring under section
6(d), shall be reduced by one-sixth of 1 per
centum for each full month such employee is
under the age of 55 years at date of separation.
The annuity as hereinbefore provided, for a
Member retiring tinder the second or third
sentence of section 6(f) on the third sentence
of section 8(b), shall be reduced by one-twelfth
of 1 per centum for each full month not in ex-
cess of 60, and one-sixth of 1 per centum for
each full month in excess of 60, such Member
is under the age of 60 years at date of separ-
ation.* * * 20<
(e) The annuity of an employee retiring
under section 6 (c) shall be 2 per centum of the
average salary multiplied by the total service:
Provided, That the annuity shall not exceed 80
per centum of the average salary.
(f) The annuity as hereinbefore provided
shn.h be reduced by 10 per centum of any deposit
described in section 4 (c) remaining unpaid,
unless the employee or Member shall elect to
eliminate the service involved for purposes of
annuity computation.
* * * (g) The annuity as hereinbefore pro-
vided (excluding any increase because of
retirement under section 7) for any married
employee or Member retiring under this Act, or
any portion of such annuity designated in
writing for purposes of section 10(a) (1), shall be
reduced by 2j2 per centum of so much thereof as
does not exceed $3,600 and by 10 per centum of
so much thereof as exceeds $3,600 unless the
employee or Member notifies the Commission
in writing at the time of retirement that he does
not desire his wife or husband to receive an
annuity as provided in section 10(a) (1). * * * 27
(h) Any unmarried employee or Member re-
tiring under section 6 or 8, and found by the
27 Amendment of July 18, 1966, shown between
asterisks.
27 Amendment of October 11, 1962, shown between
asterisks.
Commission to be in good health, may at the
time of retirement elect a reduced annuity, in
lieu of the annuity as hereinbefore provided,
and designate in writing a person having an
insurable interest in the employee or Member
to receive an annuity after the retired individ-
ual's death. The annuity payable to the em-
ployee or Member making such election shall
be reduced by 10 per centum of an annuity
computed as provided in section 9 and by 5 per
centum of an annuity so computed for each
full five years the person designated is younger
than the retiring employee or Member, but
such total reduction shall not exceed 40 per
centum.
(i) The annuity as hereinbefore provided, for
an employee who is a citizen of the United
States, shall be increased by $36 multiplied by
total service in the employ of either the Alaska
Engineering Commission or The Alaska Rail-
road in the Territory of Alaska between March
12, 1914, and July 1, 1923, or in the employ of
either the Isthmian Canal Commission or the
Panama Railroad Company on the Isthmus of
Panama between May 4, 1904, and April 1,
1914.
SURVIVOR ANNUITIES
SEC. 10. (a) (1) * * * If an employee or
Member dies after having retired under any
provision of this act and is survived by a wife
or husband to whom the employee or Member
was married at the time of retirement, such
wife or husband shall be paid an annuity equal
to 55 per centum of an annuity computed as
provided in subsections (a), (b), (c), (d), (e),
and (f) of section 9, as may apply with respect
to the annuitant, or of such portion thereof as
may have been designated in writing for such
purpose by the employee or Member at the
time of retirement, unless the employee or
Member has notified the Commission in writing
at the time of retirement that lie does not
desire his wife or husband to receive such
annuity. * * * 27
->* * * (2) An annuity computed under this
subsection shall commence on the day after the
retired employee dies, and such annuity or any
Inst. 48
October 17, 1966
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right '.hereto shall terminate on the last day of
the month before (A) in the case of the survivor
of a retired employee, the survivor's remarriage
prior to attaining age 60, or death or (B) in the
case of the survivor of a Member, the survivor's
death or remarriage. * * * 304_
(b) The annuity of a survivor designated
under section 9(h) shall be * * * 55 per
centum * * * 27 of the reduced annuity com-
puted as provided in subsections (a), (b), (c),
(d), (e), (f), and (h) of section 9 as may apply
with respect to the annuitant. * * * The
annuity of such survivor shall commence on the
day after the retired employee or Member dies,
and such annuity or any right thereto shall
terminate on the last clay of the month before
the survivor's death. * * * 211
(c) * * * If an employee or a Member dies
after completing at least five years of civilian
service, * * * 20 the widow or dependent
widower of such employee or Member shall be
paid an annuity equal to * * * 55 per centum
* * * 27 of an annuity computed as provided
in subsections (a), (b), (c), (e), and (f) of
section 9 as may apply with respect to the
employee or Member. -* * * * The annuity
of such widow or dependent widower shall com-
inence on the day after the employee or Mem-
ber dies, and an annuity under this subsection
or any right thereto shall terminate on the last
day of the month before (1) the death of the
widow or widower, (2) remarriage of the widow
or widower of an employee prior to attaining
60, (3) remarriage of the widow or
age
widower of a Member regardless of age, or (4)
the widower's becoming capable of self-sup-
port. * * * 30
* * * (d) If an employee or a Member dies
after completing at least five years of civilian
service, or an employee or a Member dies after
having retired under any provision of this act,
and is survived by a wife or by a husband, each
24 Amendment of September 6, 1960, shown between
asterisks.
29 Amendment of August 27, 1958, effective March 1,
1958, shown between asterisks.
31 Amendment of July 18, 1966, shown between
asterisks.
Inst. 48
October 17, 1966
surviving child shall be paid an annuity equal
to the smallest of (1) 40 per centum of the
employee's or Member's average salary divided
by the number of children, (2) $600, or (3)
$1,800 divided by the number of children, sub-
ject to the provisions of section 18. If such
employee or Member is not survived by a wife
or husband, each surviving child shall be paid
an annuity equal to the smallest of (1) 50 per
centum of the employee's or Member's average
salary divided by the number of children, (2)
$720, or (3) $2,160 divided by the number of
children, subject to the provisions of section 18.
The commencing date of a child's annuity under
this act or the Act of May 29, 1930, as amended
from and after February 28, 1948, shall be
deemed to be the day after the employee or
Member dies, with payment beginning on that
day or beginning or resuming on the first day of
the month in which the child later becomes or
again becomes a student as described in section
1 (j), provided the lump-sum credit, if paid, is
returned to the fund. Such annuity shall ter-
minate on the last day of the month before
(1) the child's attaining age 14 unless he is then
a student as described or incapable of self-sup-
port, (2) his becoming capable of self-support
after attaining age 18 unless he is then such a
student, (3) his attaining age 22 if he is then
such a student and not incapable of self-support,
(4) his ceasing to be such a student after attain-
ing age 18 unless he is then incapable of self-
support, (5) his marriage, or (6) his death
whichever first occurs. Upon the death of the
surviving wife or husband or termination of the
child's annuity, the annuity of any other child
or children shall be recomputed and paid as
though such wife, husband, or child had not
survived the employee or Member. * * * 30* * * (f) In the case of a surviving spouse
whose annuity under this section is hereafter
terminated because of remarriage before attain-
ing ago 60, annuity at the same rate shall be
restored commencing on the day such re-
marriage is dissolved by death, annulment, or
divorce: Provided, That (1) said surviving
spouse elects to receive such annuity in lieu of
any survivor benefit to which he or she may be
entitled, under this or any other retirement
system established for employees of the Govern-
ment, by reason of the remarriage, and (2) any
lump sum paid upon termination of the annuity
is returned to the fund. * * * 31b