An Act to provide for adjustments in annuities under the Foreign Service retirement and disability system
PL 89-308 (H.R.4170), enacted 10/31/1965

79 STAT. ] 
PUBLIC LAW 89-308-OCT. 31, 1965 
1129 
tor shall provide adequate notice to all affencies and other usei-s con- _'^°^'^'^^ ^° ^gen-
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cerned with respect to eadi proposed determination specifically affect-
ing them or the automatic data processing equipment or components 
used by them. In the absence of mutual agreement between the 
Administrator and the agency or user concerned, such proposed deter-
minations shall be subject to review and decision by the Bureau of the 
Budget unless the President otherwise directs.'' 
Approved October 30, 1965. 
Public Law 89-307 
AN ACT 
October 30, 19 65 
To amend the joint resolution entitled "Joint resolution to establish the Saint 
^^- ''^^^ 
Augustine Quadricentennial Commission, and for other purposes", approved 
August 14, 1962 (76 Stat. 386), to provide that eight members of such Commis-
sion shall be appointed by the President, and that such Commission may con-
tinue in existence until December 31,1966. 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress assemJbled^ That (a) subsec- Qua^^cente^iai 
tion (a) of the first section of the joint resolution entitled "Joint reso- commission. 
lution to establish the Saint Augustine Quadricentennial Commission, 
and for other purposes", approved August 14, 1962 (76 Stat. 386), 
IS amended by striking "eleven" and inserting in lieu thereof "thirteen". 
(b) Paragraph (4) of subsection (a) of such section is amended 
by striking "Six" and inserting in lieu thereof "Eight". 
SEO. 2. Section 4(b) of such joint resolution is amended by insert-
ing, immediately after "Congress" in the last sentence thereof, the 
following: ", except that the Commission may continue in existence 
until December 31, 1966." 
Approved October 30, 1965. 
Public Law 89-308 
AN ACT 
October 31, 1965 
To provide for adjustments in annuities under the Foreign Service retirement 
[H. R. 417O] 
and disability system. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may Foreign service 
be cited as the "Foreign Service Annuity Adjustment Act of 1965". menrAct o
f "ges. 
SEC. 2. (a) Annuitie-s paid from the Foreign Service retirement 
and disability fund on the date of enactment of this Act, based on 
service performed by annuitants which terminated prior to October 16, 
1960, shall be adjusted under the provisions of section 821(b) of the 
Foreign Service Act of 1946, as in effect on October 16, 1960, relating 
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to the formula for reduction in annuity to provide for a surviving 
widow, as though such provisions had been in effect on the date of the 
annuitant's separation from the Service, or, in the case of any annui-
tant w^ho makes an election under paragraph (1) or (2) of this sub-
section, in a ccordance with the following: 
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49-850 0-66—74 
1130 
PUBLIC LAW 89-308-OCT. 31, 1965 
[79 STAT. 
Widow survivor 
benefits. 
Payments to re-
tirement fund. 
Installment pro-
vision. 
Deferred an-
nuity. 
39 Stat. 742; 
63 Stat. 854. 
5 u s e 751 note. 
(1) An annuitant who at time of retirement was married to a 
wife who is still living (and to w^hom he is married on the date 
of enactment of this Act), and for whom he has not elected a 
widow survivor benefit before such date of enactment, may, within 
one hundred and twenty days after such date of enactment, elect 
to provide a widow survivor benefit of $2,400 per annum. 
The 
annuity of an annuitant who makes an election under this para-
graph shall be reduced by $300 per annum. 
(2) An annuitant who at time of retirement was married to a 
wife who is still living (and to whom he is married on the date of 
enactment of this Act) and for whom he has elected, before such 
date of enactment, a widow survivor benefit of less than $2,400 
per annum, may, within one hundred and twenty days after such 
date of enactment, elect to provide a widow survivor benefit of 
$2,400 per annum. 
The annuity of an annuitant who makes an 
election under this paragraph shall be reduced by $300 per annum 
in lieu of any reductions of his annuity in effect on the date of 
enactment of this Act because of elections made by him before 
such date of enactment in connection with the provision of a 
widow survivor annuity. 
(b) If an annuitant referred to in paragraph (a) (1) or (a) (2) of 
this section dies within one hundred and twenty days after the date 
of enactment of this Act, without having made an election under such 
paragraph (a) (1) or (a) (2), his surviving widow shall be paid the 
greater of— 
(1) $2,400; or 
(2) the annuity to which she may be entitled from the Foreign 
Service retirement and disability fund as his widow under any 
provision of law in effect on the date of the death of the annuitant. 
(c) Notwithstanding the foregoing provisions of this section, each 
annuitant who makes an election under paragraph (1) of subsection 
(a) shall pay into the Foreign Service retirement and disability fund 
an amount equal to the amount by which (A) the total annuity 
received by the annuitant prior to the effective date of any adjustment 
in his annuity pursuant to such election exceeds (B) the total annuity 
which he w^ould have received prior to such date had he elected a sur-
vivor annuity of $2,400 per annum at the time of such retirement. 
The Secretary of State may permit the payment required by this sub-
section to be made in installments of not less than $25 per month. 
SEC. 3. If a former participant whose service as a class 4 Foreign 
Service officer was terminated prior to October 16, 1960, and who 
elected a deferred annuity, dies before becoming eligible to receive an 
annuity, the benefit of the surviving widow, if she was eligible under 
the terms of the law in effect upon his separation from the Service, 
shall not be less than $2,400 per annum. 
SEC. 4. In any case in which an annuitant who retired prior to 
October 16, 1960, dies before the date of enactment of this Act, leav-
ing a widow to whom he was married at time of retirement who is 
not entitled to receive an annuity under the Foreign Service retire-
ment and disability system, and who is not receiving benefits as a 
widow under the Federal Employees' Compensation Act, the Secre-
tary of State shall grant such widow, whether remarried or not, an 
annuity of $2,400 per annum. 
79 STAT. ] 
PUBLIC LAW 89-308-OCT. 31, 1965 
1131 
SEC. 5. The annuity of each widow survivor annuitant who, on the iri^\t°s^^than^'^ 
date of enactment of this Act, is receiving a survivor annuity from $2400. 
the Foreign Service retirement and disability fund of less than $2,400 
l)€r annum is hereby increased to $2,400 per annum. 
SEC. 6. The annuity benefits elected or provided with respect to 
any widow under section 2, 3, 4, or 5 of this Act shall be in lieu of any 
annuity benefits to which such widow otherwise would be entitled as 
the widow of the Foreign Service officer with respect to whom such 
annuity benefits are so elected or provided. 
SEC. 7. Any increase, adjustment, or grant of an annuity under 
^tw'^^r'a^e'^^*^' 
section 2, 4, or 5 of this Act shall commence on the first day of the "^°" 
month following the expiration of the one-hundred-and-twenty-day 
period beginning on the date of enactment of this Act, and the 
monthly rate payable shall be fixed at the nearest dollar. 
SEC. 8. Annuity benefits provided by this Act shall be paid from reure^n't^and™ 
the Foreign Service retirement and disability fund; except that, no disability fund. 
part of such fund shall be applied toward the payment of any bene-
fits under section 2, 4, or 5 of this Act until an appropriation is made 
to such fund in an amount which the Secretary of the Treasury esti-
mates to be necessaiy to prevent an increase in the unfunded liability 
to such fund for the first fiscal year during w'hich such benefits are 
payable. 
SEC. 9. Title VIII of the Foreign Service Act of 1946, as amended, 
is amended as follows: 
(1) Section 821 (b) of such Act (22 I'.S.C. 1076(b)) is amended to 
74 stat. 339. 
read as follows: 
"(b) (1) At the time of retirement, any married female participant 
may elect to receive a reduced annuity and to provide for an annuity 
payable to her husband, commencing on the date following such partici-
pant's death and terminating upon the death of such surviving hus-
band. 
The annuity payable to the surviving husband after such 
participant's death shall be 50 per centum of the amount of the par-
ticipant's annuity computed as prescril)ed in paragraph (a) of this 
section, up to the full amount of such annuity specified by her as the 
base for the survivor benefits. 
The annuity of the participant making 
such election shall be reduced by 2i4> per centum oiP any amount up to 
$2,400 she specifies as the base for the survivor benefit plus 10 per 
centum of any amount over $2,400 so specified. 
"(2) At the time of retirement, the annuity of each married male 
participant computed as prescribed in paragraph (a) of this section 
shall be reduced bj- $300 to provide for his surviving wife a minimum 
annuity of $2,400, except that, if his annuity is more than $4,800, he 
may elect up to 50 per centum of such annuity for his surviving wife, 
and if such election is made, his annuity Shall be further reduced bv 
10 per centum of the difference between $4,800 and the base he specifies 
for the survivor benefit." 
(2) The first sentence of section 832(b) of such Act (22 U.S.C. 
1082(b)) is amended by inserting immediately before the period at 
^4 stat. 342. 
the end thereof the follow^ing: "; except that the annuity of any 
widow shall not be less than $2,400". 
(3) At the end of title VIII of such Act add the following: 
eo stat. 1019. 
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PUBLIC LAW 89-308-OCT. 31, 1965 
[79 STAT. 
"PART J—CosT-or-LiviNG ADJUSTMENTS OF ANNUITIES 
"SEC. 882. (a) On the basis of determination made by the Civil 
Service Commission pursuant to section 18 of the Civil Service Retire-
Pi^T^' ^n62°' 
iifie^nt Act, as amended, pertaining to per centum change in the price 
index, the following adjustments shall be made: 
"(1) Effective April 1, 1966, if the change in the price index from 
1962 to 1965 shall have equaled a rise of at least 3 per centum, each 
annuity payable from the fund which has a commencing date earlier 
than January 2, 1965, shall be increased by the per centum rise in the 
price index adjusted to the nearest one-tenth of 1 per centum. 
"(2) Effective April 1 of any year other than 1966 after the price 
index change shall have equaled a rise of at least 3 per centum, each 
annuity payable from the fund which has a commencing date earlier 
than January 2 of the preceding year shall be increased by the per 
centum rise in the price index adjusted to the nearest one-tenth of 1 
per centum. 
"(b) Eligibility for an annuity increase under this section shall be 
governed by the commencing date of each annuity payable from the 
fund as of the effective date of an increase, except as follows: 
" (1) Effective from the date of the first increase under this section, 
an annuity payable from the fund to an annuitant's survivor (other 
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than a child entitled under section 821 (c)), which annuity commenced 
the day after the annuitant's death, shall be increased as provided in 
subsection (a) (1) or (a) (2) if the commencing date of annuity to the 
annuitant was earlier than January 2 of the year preceding the first 
increase. 
"(2) Effective from its commencing date, an annuity payable from 
the fund to an annuitant's survivor (other than a child entitled under 
section 821(c)), w^hich annuity commences the day after the annui-
tant's death and after the effective date of the first increase under this 
section', shall be increased by the total per centum increase the annui-
tant was receiving under this section at death. 
" (3) For purposes of computing an annuity which commences after 
the effective date of the first increase under this section to a child 
under section 821(c), the items $600, $720, $1,800, and $2,160 appear-
ing in section 821(c) shall be increased by the total per centum 
increase allowed and in force under this section and, in case of a 
deceased annuitant, the items 40 per centum and 50 per centum appear-
ing in section 821 (c) shall be increased by the total per centum increase 
allowed and in force under this section to the annuitant at death. 
Effective from the date of the first increase under this section, the pro-
visions of this paragraph shall apply as if such first increase were in 
effect with respect to computation of a child's annuity under section 
821 (c) which commenced between January 2 of the year preceding the 
first increase and the effective date of the first increase. 
"(c) No increase in annuity provided by this section shall be com-
puted on any additional annuity purchased at retirement by voluntary 
contributions. 
"(d) No increase in annuity provided by this section shall apply 
to amounts paid under authority of section 5 of Public Law 84-503, 
^^ ^^^ ^
^ ,^„ 
-^^ amended, section 4 of the Foreign Service Annuity Adjustment Act 
Anferp/n'lo. 
of 1965, or anj' other law authorizing annuity grants to w^idows. 
"(e) The monthlv installment of annuity after adjustment under 
this section shall be fixed at the nearest dollar." 
Approved October 31, 1965. 
74 Stat. 371. 
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