§ 771. — Benefits for surviving spouses of Lighthouse Service employees; death of employee during retirement; amount of payment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC771]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 16--LIGHTHOUSES
Sec. 771. Benefits for surviving spouses of Lighthouse Service
employees; death of employee during retirement; amount of
payment
Where--
(1) any former employee of the Lighthouse Service has died or
shall hereafter die at a time when that employee was receiving or
was entitled to receive retirement pay under section 763 of this
title, as amended and supplemented, and
(2) the surviving spouse of the former employee was married to
the former employee prior to the retirement of the former employee
from the Lighthouse Service and has not remarried--
the surviving spouse, so long as the surviving spouse does not remarry,
shall be paid $100 per month by the Secretary of Transportation.
(Aug. 19, 1950, ch. 761, Sec. 1, 64 Stat. 465; Pub. L. 85-351, Sec. 1,
Mar. 28, 1958, 72 Stat. 49; Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966,
80 Stat. 938; Pub. L. 90-163, Sec. 1, Nov. 29, 1967, 81 Stat. 518; Pub.
L. 90-167, Sec. 1(a), Nov. 29, 1967, 81 Stat. 520; Pub. L. 98-557,
Sec. 15(b)(1), Oct. 30, 1984, 98 Stat. 2866.)
Amendments
1984--Pub. L. 98-557 substituted references to surviving spouse for
references to widow.
1967--Pub. L. 90-167 struck out provision which exempted from
coverage of this section widows of employees whose positions were
classified in one of the grades of the professional and scientific
service of the Classification Act of 1923, or a comparable grade of the
Classification Act of 1949, or who performed duties of a position
comparable to a position so classified after the enactment of law
requiring the classification of such positions.
Pub. L. 90-163 substituted ``$100 per month'' for ``$75 per month''.
1958--Pub. L. 85-351 substituted ``$75 per month'' for ``$50 per
month''.
Effective Date of 1967 Amendments
Section 2 of Pub. L. 90-167 provided that: ``No payment shall be
made by reason of the amendments made by this section [amending this
section and section 772 of this title] for any period prior to the first
day of the first month following the month in which this Act is enacted
[Nov. 29, 1967].''
Section 1 of Pub. L. 90-163 provided that the amendment made by that
section is effective on the first day of the month following Nov. 29,
1967.
Effective Date of 1958 Amendment
Section 2 of Pub. L. 85-351 provided that: ``The amendments made by
this Act [amending this section and section 772 of this title] shall
take effect on the first day of the first month which begins after the
date of the enactment of this Act [Mar. 28, 1958].''
Effective Date
Section 6 of act Aug. 19, 1950, provided that: ``No payment shall be
made under this Act [enacting this section and sections 772 to 775 of
this title] for any period prior to the first day of the first month
following the month in which this Act is enacted.''
Transfer of Functions
Bureau of Lighthouses, of which Lighthouse Service was a part,
transferred and consolidated with Coast Guard under Secretary of the
Treasury by Reorg. Plan No. II of 1939, Sec. 2(a), eff. July 1, 1939, 4
F.R. 2731, 33 Stat. 1432, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of Secretary of the Treasury
relating to Coast Guard transferred to Secretary of Transportation by
section 6(b)(1) of Pub. L. 89-670. See section 108 of Title 49,
Transportation.
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Increase in Widows Benefits and Effective Date of Increase
Pub. L. 94-170, Dec. 23, 1975, 89 Stat. 1022, provided: ``That the
benefits payable under section 1 or section 2 of the Act of August 19,
1950 (64 Stat. 465, 466), as amended (33 U.S.C. 771, 772) shall,
effective on the first day of the calendar month following enactment of
this Act [Dec. 23, 1975], be increased by $26 per month.
``Sec. 2. The increases under this Act shall apply to benefits which
commence before, on, or after the date of enactment of this Act [Dec.
23, 1975], but no increase in benefits shall be paid for any period
prior to the date of enactment of this Act [Dec. 23, 1975], or the date
on which the eligibility for benefits commences, whichever is later.''
Cost-of-Living Adjustment to Widow's Annuity
Section 2 of Pub. L. 90-163 provided that: ``Each annuity payable
under the Act entitled `An Act to provide benefits for widows of certain
persons who were retired or are eligible for retirement under section 6
of the Act entitled ``An Act to authorize aids to navigation and for
other works in the Lighthouse Service, and for other purposes'',
approved June 20, 1918, as amended', approved August 19, 1950 (33 U.S.C.
771-775), and each annuity payable under section 6 of the Act entitled
`An Act to authorize aids to navigation and for other works in the
Lighthouse Service, and for other purposes', approved June 20, 1918 (33
U.S.C. 763), shall be increased by the same percentage, adjusted to the
nearest dollar, and on the same effective date, as each increase
hereafter allowed under the cost-of-living annuity adjustment provisions
of section 8340(b) of title 5, United States Code.''
Section Referred to in Other Sections
This section is referred to in sections 773, 774, 775, 776 of this
title.
