Page 59 TITLE 31—MONEY AND FINANCE § 771

1So in original. Second comma probably should follow ‘‘(7)’’.

2See References in Text note below.

§ 755. Judicial review

(a) A final decision under section 753(a)(1)–(3),

(6),,1 (7) or (9) of this title may be reviewed by

the United States Court of Appeals for the Federal Circuit. Chapter 158 of title 28 applies to a

review under this subchapter, except the petition for review shall be filed by the 30th day

after the petitioner receives notice of the decision. The court shall set aside a final decision

the court decides is—

(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;

(2) not made consistent with required procedures; or

(3) unsupported by substantial evidence.

(b) If an officer, employee, applicant for employment, or employee of the Architect of the

Capitol, the Botanic Garden, or the Senate Restaurants is the prevailing party in a proceeding

under this section, and the decision is based on

a finding of discrimination prohibited under section 732(f) of this title or under section 312(e)(2) 2

of the Architect of the Capitol Human Resources

Act, attorney’s fees may be allowed by the court

in accordance with the standards prescribed

under section 706(k) of the Civil Rights Act of

1964.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902; Pub.

L. 98–216, §1(1), Feb. 14, 1984, 98 Stat. 3; Pub. L.

100–426, title I, §103(a), (b), Sept. 9, 1988, 102 Stat.

1599; Pub. L. 103–283, title III, §312(e)(4)(C), July

22, 1994, 108 Stat. 1446.)

HISTORICAL AND REVISION NOTES

1982 ACT

Revised

Section Source (U.S. Code) Source (Statutes at Large)

755 .......... 31:52–3(l). Feb. 15, 1980, Pub. L. 96–191,

§4(l), 94 Stat. 31.

In the section, before clause (1), the first sentence is

substituted for 31:52–3(l)(1)(1st sentence) for consistency

with other titles of the United States Code. The word

‘‘review’’ is substituted for ‘‘appeal’’ for consistency.

The words ‘‘the procedures of’’, ‘‘any other provision of

law’’, ‘‘of a final decision of the Board . . . the date . . .

of the Board’’, and ‘‘In any case filed under paragraph

(1) . . . review the record and’’ are omitted as surplus.

The words ‘‘final decision’’ are substituted for ‘‘agency

action, findings, or conclusions’’ for consistency.

Clause (2) is substituted for 31:52–3(l)(2)(B) to eliminate

unnecessary words.

1984 ACT

This clarifies section 755 by conforming it more closely to the language of the source provision of the section.

REFERENCES IN TEXT

Section 312(e)(2) of the Architect of the Capitol

Human Resources Act, referred to in subsec. (b), was

classified to section 166b–7(e)(2) of Title 40, Public

Buildings, Property, and Works, and was repealed by

Pub. L. 104–1, title V, §504(c)(1), Jan. 23, 1995, 109 Stat.

41, except as provided in section 1435 of Title 2, The

Congress.

Section 706(k) of the Civil Rights Act of 1964, referred

to in subsec. (b), is classified to section 2000e–5(k) of

Title 42, The Public Health and Welfare.

AMENDMENTS

1994—Subsec. (a). Pub. L. 103–283, §312(e)(4)(C)(i), substituted ‘‘, (7) or (9)’’ for ‘‘or (7)’’ in introductory provisions. See Application of Provisions Amended by Pub.

L. 103–283 note below.

Subsec. (b). Pub. L. 103–283, §312(e)(4)(C)(ii), substituted ‘‘applicant for employment, or employee of the

Architect of the Capitol, the Botanic Garden, or the

Senate Restaurants’’ for ‘‘or applicant for employment’’, and inserted ‘‘or under section 312(e)(2) of the

Architect of the Capitol Human Resources Act’’ after

‘‘of this title’’. See Application of Provisions Amended

by Pub. L. 103–283 note below.

1988—Subsec. (a). Pub. L. 100–426, §103(a), (b)(1), designated existing provisions as subsec. (a) and substituted ‘‘Federal Circuit’’ for ‘‘District of Columbia

Circuit or by the court of appeals of the United States

for the circuit in which the petitioner resides’’.

Subsec. (b). Pub. L. 100–426, §103(b)(2), added subsec.

(b).

1984—Pub. L. 98–216 substituted ‘‘A final decision

under section 753(a)(1)–(3), (6), or (7) of this title may be

reviewed by the United States Court of Appeals for the

District of Columbia Circuit or by the court of appeals

of the United States for the circuit in which the petitioner resides’’ for ‘‘A person may apply for review of

a final decision under section 753(a)(1)–(3), (6), or (7) of

this title by filing a petition for review with the United

States Court of Appeals for the District of Columbia

Circuit or with the court of appeals of the United

States for the circuit in which the person resides’’ in

provisions preceding par. (1).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 103(c) of Pub. L. 100–426 provided that: ‘‘Nothing in any of the amendments made by this section

[amending this section] shall apply with respect to an

appeal pending on the date of the enactment of this Act

[Sept. 9, 1988].’’

APPLICATION OF PROVISIONS AMENDED BY

PUB. L. 103–283

Provisions of this section amended by section 312(e)

of Pub. L. 103–283 to be applied and administered as if

section 312(e) and the amendments made by section

312(e) had not been enacted, see section 504(c)(2) of Pub.

L. 104–1, set out as a note under section 751 of this title.

SUBCHAPTER V—ANNUITIES

§ 771. Definitions

In this subchapter—

(1) ‘‘dependent child’’ means an unmarried

dependent child (including a stepchild or

adopted child) who is—

(A) under 18 years of age;

(B) incapable of self-support because of

physical or mental disability; or

(C) between 18 and 22 years of age and is a

student regularly pursuing a full-time

course of study or training in residence in a

high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purposes of this

subchapter, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while such child is regularly

pursuing such a course of study or training,

is deemed to have become 22 years of age on

the first day of July after that birthday. A

child who is a student is deemed not to have

ceased to be a student during an interim period between school years if the interim period is not more than 5 months and if such
§ 772 TITLE 31—MONEY AND FINANCE Page 60

child shows to the satisfaction of the General Counsel of the General Accounting Office that such child has a bona fide intention

of continuing in the same or a different

school during the school semester (or other

period into which the school year is divided)

immediately after the interim period.

(2) ‘‘surviving spouse’’ means a surviving

spouse of an individual who was a Comptroller

General or retired Comptroller General and

the spouse—

(A) was married to the individual for at

least 1 year immediately before the individual died; or

(B) has not remarried before age 55 and is

the parent of issue by the marriage.

(3) service as a Comptroller General equals

the number of years and complete months an

individual is Comptroller General.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902; Pub.

L. 100–426, title II, §202, Sept. 9, 1988, 102 Stat.

1600.)

HISTORICAL AND REVISION NOTES

Revised

Section Source (U.S. Code) Source (Statutes at Large)

771(1), (2) 31:43b(g). June 10, 1921, ch. 18, 42 Stat.

20, §319(g), (p); added July

13, 1959, Pub. L. 86–87, 73

Stat. 198, 200.

771(3) ...... 31:43b(p).

In this subchapter, the words ‘‘surviving spouse’’,

‘‘spouse’’, ‘‘surviving spouse’s’’, and ‘‘parent’’ are substituted for ‘‘widow’’, ‘‘wife’’, ‘‘surviving widow’s’’, and

‘‘mother’’, respectively, because of 5:7202(c).

In clause (3), the words ‘‘or retired Comptroller General’’ are omitted as executed because a retired Comptroller General could elect survivor benefits and include retirement service only if the Comptroller General had retired by July 13, 1959. The word ‘‘total’’ is

omitted as surplus. The words ‘‘complete months’’ are

substituted for ‘‘twelfth parts thereof, excluding from

the aggregate the fractional part of a month, if any’’ to

eliminate unnecessary words. The words ‘‘an individual

is Comptroller General’’ are added for clarity.

AMENDMENTS

1988—Par. (1)(C). Pub. L. 100–426, §202(a), added subpar. (C).

Par. (2)(A). Pub. L. 100–426, §202(b)(1), substituted ‘‘1

year’’ for ‘‘2 years’’.

Par. (2)(B). Pub. L. 100–426, §202(b)(2), inserted ‘‘before

age 55’’ after ‘‘remarried’’.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100–426 effective after end of

60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100–426, set out as a

note under section 772 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 775, 776 of this

title.

§ 772. Annuity of the Comptroller General

(a) Except as provided in subsection (c) of this

section, a Comptroller General serving a complete term as Comptroller General or who retires under section 703(e)(1) of this title is entitled to receive an annuity for life equal to the

pay the Comptroller General is receiving on

completion of the term or at the time of retirement. An annuity of a Comptroller General who

completes a term before becoming 65 years of

age is reduced by .25 percent for each complete

month the Comptroller General is under 65 years

of age.

(b) Except as provided in subsection (c) of this

section, a Comptroller General becoming permanently disabled shall be retired and is entitled

to receive an annuity for life equal to—

(1) the pay of the Comptroller General at the

time of retirement if the Comptroller General

served at least 10 years; or

(2) 50 percent of the pay if the Comptroller

General served less than 10 years.

(c) A Comptroller General who, when appointed, is or has been subject to subchapter III

of chapter 83 or chapter 84 of title 5 remains subject to such subchapter III or such chapter 84 (as

the case may be) unless the Comptroller General

elects in writing to receive an annuity under

this section. An election is irrevocable and must

be made within 10 years and 60 days after the

start of service as Comptroller General. A Comptroller General electing to receive an annuity

under this section is entitled to a refund of the

lump-sum credit to the account of the Comptroller General in the Civil Service Retirement and

Disability Fund.

(d) A Comptroller General (except a Comptroller General remaining subject to subchapter III

of chapter 83 of title 5) shall—

(1) deposit with the General Accounting Office for redeposit in the Treasury as miscellaneous receipts as a contribution to the

annuity—

(A) 3.5 percent of the pay received as

Comptroller General before deductions are

made under clause (2)(A) of this subsection

plus 3 percent interest compounded every

December 31 on the amount to be deposited,

if electing survivor benefits under this subchapter; or

(B) 8 percent of the pay received as Comptroller General before deductions are made

under clause (2)(B) of this subsection plus 3

percent interest compounded every December 31 on the amount to be deposited, if not

electing survivor benefits under this subchapter; and

(2) have—

(A) 3.5 percent of the pay received as

Comptroller General deducted as a contribution to the annuity if electing survivor benefits under this subchapter; or

(B) 8 percent of the pay received as Comptroller General deducted as a contribution to

the annuity if not electing survivor benefits

under this subchapter.

(e) A Comptroller General receiving benefits

under this section may not receive retirement

or disability benefits under another law of the

United States.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902; Pub.

L. 100–426, title II, §203, Sept. 9, 1988, 102 Stat.

1600.)