Page 61 TITLE 31—MONEY AND FINANCE § 773

HISTORICAL AND REVISION NOTES

Revised

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

772(a) ...... 31:43(2d par. 1st sentence).June 10, 1921, ch. 18, 42 Stat.

20, §303(2d par. 1st, 2d, last

sentences); added July 28,

1953, ch. 256, 67 Stat. 229.

772(b) ...... 31:43(2d par. 2d sentence).

772(c) ...... 31:43(3d par. 1st, 2d

sentences, 3d sentence words before comma).

June 10, 1921, ch. 18, 42 Stat.

20, §303(3d par. 1st–3d sentences); added July 26, 1966,

Pub. L. 89–520, §1, 80 Stat.

329; Oct. 25, 1978, Pub. L.

95–512, §4(b)(1), 92 Stat. 1800.

772(d) ...... 31:43(2d par. 4th sentence, 3d par. last

sentence).

June 10, 1921, ch. 18, 42 Stat.

20, §303(2d par. 4th sentence,

3d par. last sentence); added

Oct. 25, 1978, Pub. L. 95–512,

§4(a), (b)(2), 92 Stat. 1800.

772(e) ...... 31:43(2d par. last

sentence, 3d par.

3d sentence words

after comma).

In subsections (a) and (b), the words ‘‘Except as provided in subsection (c) of this section’’ are added for

clarity. The words ‘‘is entitled to receive’’ are substituted for ‘‘shall receive’’ as being more precise and

for consistency with title 5.

In subsection (a), the words ‘‘under section 703(e)(1) of

this title’’ are added for clarity. The words ‘‘in his office’’ are omitted as surplus. The words ‘‘before becoming 65 years of age’’ are added for clarity. The words

‘‘at such completion’’ are omitted as surplus.

In subsection (b), before clause (1), the words ‘‘from

performing his duties’’ are omitted as surplus.

In subsections (c) and (d), the words ‘‘Comptroller

General’’ are substituted for ‘‘person appointed to the

Office of Comptroller General’’ and ‘‘person who is appointed to the Office of Comptroller General’’ to eliminate unnecessary words.

In subsection (c), the words ‘‘Notwithstanding the

preceding paragraph of this section’’ are omitted as

surplus. The words ‘‘after January 1, 1966’’ are omitted

as executed. The words ‘‘receive an annuity under this

section’’ are substituted for ‘‘and no deduction from his

salary shall be made under the preceding paragraph

. . . be subject to the provisions of the preceding paragraph of this section’’ for clarity and because of the restatement.

In subsection (d), before clause (1), the words ‘‘after

October 25, 1978’’ are omitted as executed. The words

‘‘(except a Comptroller General remaining subject to

subchapter III of chapter 83 of title 5)’’ are added for

clarity. In clauses (1) and (2), the word ‘‘pay’’ is substituted for ‘‘salary’’ for consistency in the revised

title and with other titles of the United States Code.

The words ‘‘a sum equal to’’ are omitted as surplus. In

clause (1), before subclause (A), the words ‘‘makes such

an election under this paragraph’’ are omitted as surplus. The word ‘‘redeposit’’ is substituted for ‘‘covering’’ for clarity. The words ‘‘the general fund of’’ and

‘‘authorized under the preceding paragraph’’ are omitted as surplus. In subclauses (A) and (B), the words ‘‘before deductions are made under clause (2)(A) of this

subsection’’ and ‘‘before deductions are made under

clause (2)(B) of this subsection’’ are substituted for

‘‘prior to the date current deductions begin from his

salary’’ for clarity. The words ‘‘per annum’’ are omitted as surplus. In clause (2), the words ‘‘authorized by

this paragraph’’ are omitted as surplus.

In subsection (e), the words ‘‘Comptroller General’’

are substituted for ‘‘person’’ for clarity.

AMENDMENTS

1988—Subsec. (a). Pub. L. 100–426, §203(1), substituted

‘‘retires under section 703(e)(1) of this title’’ for ‘‘is retired for age under section 703(e)(1) of this title after

serving at least 10 years’’.

Subsec. (c). Pub. L. 100–426, §203(2), substituted ‘‘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)’’ for ‘‘subchapter III of chapter 83 of title

5 remains subject to subchapter III’’.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 208 of title II of Pub. L. 100–426 provided that:

‘‘The amendments made by this title [amending this

section and sections 703, 771, 773, 774, 776, and 777 of this

title] shall be effective after the end of the 60-day period beginning on the date of enactment of this Act

[Sept. 9, 1988], except that an individual who, as of such

date of enactment, is receiving an annuity under subchapter V of chapter 7 of title 31, United States Code,

as a retired Comptroller General (and the spouse and

any dependent children of such individual who may survive such individual) shall remain subject to the provisions of such subchapter, as in effect immediately before such date, if the retired Comptroller General

makes an election under this section. An election under

this section shall be ineffective unless it is made in

writing and received by the General Counsel of the

General Accounting Office before the end of the 60-day

period referred to in the preceding sentence.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 735, 773, 774, 775,

777 of this title.

§ 773. Election of survivor benefits

(a) To provide survivor benefits, a Comptroller

General may elect in writing to reduce the pay

and annuity of the Comptroller General. An

election shall be made within 6 months of taking office or, if an election is made under section

772(c) of this title, by the 60th day after making

an election under section 772(c).

(b) A Comptroller General electing to provide

survivor benefits shall—

(1) have 4.5 percent of the pay received as

Comptroller General and 5 percent of the annuity of the Comptroller General deducted;

and

(2) deposit with the General Accounting Office for redeposit in the Treasury as miscellaneous receipts—

(A) 4.5 percent of the pay and annuity received as Comptroller General before the deductions begin;

(B) 4.5 percent of basic pay received as a

member of Congress or for other civilian

service on which a surviving spouse’s annuity is computed under section 774(d) of this

title; and

(C) 4 percent interest before January 1,

1948, and 3 percent interest after December

31, 1947, compounded every December 31, on

amounts deposited.

(c) This subchapter does not prevent a surviving spouse or dependent child from receiving another annuity while receiving an annuity under

section 774 of this title. However, service used in

computing an annuity under section 774 may not

be used in computing the other annuity.

(d) The reduction in the Comptroller General’s

annuity under subsection (b)(1) for the purpose

of providing survivor benefits shall be terminated for each full month after the death of the

spouse.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 903; Pub.

L. 100–426, title II, §204, Sept. 9, 1988, 102 Stat.

1600.)
§ 774 TITLE 31—MONEY AND FINANCE Page 62

HISTORICAL AND REVISION NOTES

Revised

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

773(a) ...... 31:43b(a). June 10, 1921, ch. 18, 42 Stat.

20, §319(a); added July 13,

1959, Pub. L. 86–87, 73 Stat.

197; July 26, 1966, Pub. L.

89–520, §2, 80 Stat. 329.

773(b) ...... 31:43b(b), (c). June 10, 1921, ch. 18, 42 Stat.

20, §319(b), (c); added July

13, 1959, Pub. L. 86–87, 73

Stat. 197; Oct. 25, 1978, Pub.

L. 95–512, §2(1), 92 Stat. 1799.

773(c) ...... 31:43b(q). June 10, 1921, ch. 18, 42 Stat.

20, §319(q); added July 13,

1959, Pub. L. 86–87, 73 Stat.

200.

In subsections (a) and (b), the word ‘‘pay’’ is substituted for ‘‘salary’’, and the word ‘‘annuity’’ is substituted for ‘‘retirement pay’’, for consistency in the

revised title and with other titles of the United States

Code.

In subsection (a), the words ‘‘To provide’’ are substituted for ‘‘for purposes of’’ for clarity. The words ‘‘or

in the case of the Comptroller General currently in office and any retired Comptroller General, within six

months after July 13, 1959’’ are omitted as executed.

The words ‘‘as hereinafter provided’’ are omitted as

surplus.

In subsection (b), before clause (1), the words ‘‘of the

United States’’ are omitted as surplus. The words ‘‘or

retired Comptroller General’’ are omitted as executed.

The word ‘‘provide’’ is substituted for ‘‘receive’’ for

clarity and consistency. In clause (2), before subclause

(A), the word ‘‘redeposit’’ is substituted for ‘‘covering’’

for clarity. The words ‘‘the general fund of’’ and ‘‘a sum

equal to’’ are omitted as surplus. In subclause (A), the

words ‘‘the date current . . . from his salary and retirement pay’’ and 31:43b(c)(last sentence) are omitted as

surplus. In subclause (B), the words ‘‘salary . . . or

compensation for service’’ are omitted as surplus. The

words ‘‘member of Congress’’ are substituted for ‘‘Senator, Representative, Delegate, or Resident Commissioner in the Congress of the United States’’ for consistency and to eliminate unnecessary words.

In subsection (c), the words ‘‘be construed to’’ and

‘‘eligible therefore’’ are omitted as surplus. The words

‘‘receiving another annuity while’’ are substituted for

‘‘simultaneously . . . and any annuity . . . to which she

would otherwise be entitled under any other law’’ to

eliminate unnecessary words. The words ‘‘(including

old age and survivor benefits)’’ and ‘‘without regard to

this section’’ are omitted as surplus.

AMENDMENTS

1988—Subsec. (b)(1). Pub. L. 100–426, §204(1), inserted

‘‘5 percent of the’’ before ‘‘annuity’’.

Subsec. (b)(2)(C). Pub. L. 100–426, §204(2), substituted

‘‘3 percent’’ for ‘‘4.5 percent’’.

Subsec. (d). Pub. L. 100–426, §204(3), added subsec. (d).

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 774, 775, 776, 778

of this title.

§ 774. Survivor annuities

(a) In this section—

(1) ‘‘allowable military service’’ means honorable active service of not more than 5 years

in an armed force (including service in the National Guard when ordered to active duty for

the United States Government), when the

service is not creditable in computing another

annuity.

(2) ‘‘other prior allowable service’’ means civilian service as an officer or employee of the

Government or District of Columbia government not covered by subsection (d)(1) of this

section.

(3) ‘‘congressional employee’’ has the same

meaning given that term in section 2107 of

title 5.

(b) A survivor annuity shall be paid under this

subchapter when a Comptroller General—

(1) makes an election under section 773 of

this title;

(2) dies in office or while receiving an annuity under section 772 of this title;

(3) had at least 18 months of civilian service

at death computed under subsections (a) and

(d) of this section; and

(4) had deductions or deposits under section

773 of this title made for the last 18 months of

civilian service.

(c) If the Comptroller General or retired

Comptroller General is survived—

(1) only by a spouse, the surviving spouse

shall receive an annuity computed under subsection (d) of this section beginning on the

death of the Comptroller General or retired

Comptroller General or when the spouse is 50

years of age, whichever is later;

(2) by a spouse and a dependent child, the

surviving spouse shall receive an immediate

annuity computed under subsection (d) of this

section and each dependent child shall receive

an immediate annuity equal to the smaller

of—

(A) 10 percent of the average annual pay

computed under subsection (d)(1) of this section; or

(B) 20 percent of the average annual pay

computed under subsection (d)(1) of this section, divided by the number of dependent

children; or

(3) only by a dependent child, each dependent child shall receive an immediate annuity

equal to the smaller of—

(A) the annuity a surviving spouse would

be entitled to receive under clause (2) of this

subsection, divided by the number of dependent children;

(B) 20 percent of the average annual pay

computed under subsection (d)(1) of this section; or

(C) 40 percent of the average annual pay

computed under subsection (d)(1) of this section, divided by the number of dependent

children.

(d) The annuity of a surviving spouse is equal

to—

(1) 1.5 percent of the average annual pay

(based on the 3 years of highest pay received

as Comptroller General and other prior allowable service) times—

(A) the number of years of—

(i) service as Comptroller General or a

member of Congress; and

(ii) prior allowable military service; and

(B) not more than 15 years of prior allowable service as a congressional employee;

plus