The unremarried widow or widower of an employee: (1) Who had completed at least 10 years of service creditable for retirement purposes under part A of this subchapter; (2) who died before May 1, 1952; and (3) who was at the time of his death: (A) subject to an act under which annuities granted before May 1, 1952, were or are now payable from the District of Columbia Teachers' Retirement and Annuity Fund; or (B) retired under such act; shall be entitled to receive an annuity.  In order to qualify for such annuity, the widow or widower shall have been married to the employee for at least 5 years immediately prior to his death and must be not entitled to any other annuity from the District of Columbia Teachers' Retirement and Annuity Fund based on the service of such employee.  Such annuity shall be equal to one half of the annuity which the employee was receiving on the date of his death if retired, or would have been receiving if he had been retired for disability on the date of his death, but shall not exceed $750 per annum and shall not be increased by the provisions of this or any other prior law.   Any annuity granted under this section shall cease upon the death or remarriage of the widow or widower.

The annuities and increases in annuities provided by §§ 38-2023.01 to 38- 2023.03 shall be paid from the District of Columbia Teachers' Retirement and Annuity Fund until such time as all amounts in such fund have been expended or transferred under § 1-713(b) to the District of Columbia Teachers' Retirement Fund established by § 1-713(a) and thereafter from the District of Columbia Teachers' Retirement Fund. Such annuities and increases in annuities shall terminate for each fiscal year beginning on or after July 1, 1960, for which the Congress has failed to make provision for the payment of like annuities and increases in annuities under the Act approved June 25, 1958 (72 Stat. 218), for such fiscal year. For any fiscal year for which such annuities and increases in annuities shall terminate for the reason set forth in this section, §§ 38-2023.01 to 38-2023.03 shall not be in effect and annuities and increases in annuities shall be determined and paid as though such sections had not been enacted. Nothing contained in this section shall be held or considered to prevent the payment of annuities and increases in annuities provided by §§ 38-2023.01 to 38-2023.03 for any fiscal year for which the Congress shall have made provisions for the payment of like annuities and increases in annuities under such Act approved June 25, 1958 (72 Stat. 218).