§ 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
Page 63 TITLE 31—MONEY AND FINANCE § 775

(2) .75 percent of the average pay computed

under clause (1) of this subsection times the

number of years of other allowable service.

(e) A surviving spouse’s annuity may not be

more than 50 percent nor less than 25 percent of

the average annual pay computed under subsection (d)(1) of this section. If a Comptroller

General does not make the deposit under section

773(b) of this title, a surviving spouse’s annuity

shall be credited with the service during which

a deposit was not made, unless the spouse elects

not to have the service credited. However, the

annuity shall be reduced by 10 percent of the

amount of the unpaid deposit, computed on the

date the Comptroller General or retired Comptroller General dies.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 904; Pub.

L. 100–426, title II, §205, Sept. 9, 1988, 102 Stat.

1600.)

HISTORICAL AND REVISION NOTES

Revised

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

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

20, §319(d), (o); added July

13, 1959, Pub. L. 86–87, 73

Stat. 197, 200.

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

20, §319(e), (n); added July

13, 1959, Pub. L. 86–87, 73

Stat. 197, 200; Oct. 25, 1978,

Pub. L. 95–512, §2(2)–(4), 92

Stat. 1799.

774(d) ...... 31:43b(n)(less words

after last

comma).

774(e) ...... 31:43b(d).

31:43b(n)(words

after last

comma).

In subsection (a)(1), the words ‘‘in an armed force’’

are substituted for ‘‘in the Army, Navy, Air Force, Marine Corps, or Coast Guard’’ for consistency with title

10. The word ‘‘only’’ is omitted as surplus. The word

‘‘Government’’ is added for consistency. The word

‘‘computing’’ is added for clarity. The word ‘‘annuity’’

is substituted for ‘‘retirement or retired pay’’ for consistency in the revised title and with other titles of the

United States Code. The words ‘‘under any other provision of law’’ are omitted as surplus.

Subsection (a)(3) is substituted for 31:43b(o)(1st sentence) for consistency in the revised title and with

other titles of the Code.

In subsection (b), before clause (1), the words ‘‘A survivor annuity shall be paid under this subchapter

when’’ are added for clarity. The words ‘‘or retired

Comptroller General’’ are omitted as executed. In

clause (1), the words ‘‘made an election under section

733 of this title’’ are substituted for ‘‘has elected to

bring himself within the purview of this section’’ for

clarity. In clause (2), the word ‘‘annuity’’ is substituted

for ‘‘retirement pay’’ for consistency in the revised

title and with other titles of the Code. In clause (4), the

words ‘‘salary’’ and ‘‘actually’’ are omitted as surplus.

In subsection (c)(1), the words ‘‘only by a spouse’’ are

substituted for ‘‘by a widow but not by a dependent

child’’ to eliminate unnecessary words.

In subsection (c)(2), before subclause (A), the words

‘‘or children’’ and ‘‘in an amount’’ are omitted as surplus.

In subsection (c)(3), before subclause (A), the words

‘‘only by a dependent child’’ are substituted for ‘‘no

surviving widow but leaves a surviving dependent child

or children’’ to eliminate unnecessary words. In subclause (A), the words ‘‘the amount of’’ are omitted as

surplus. The words ‘‘a surviving spouse’’ are substituted for ‘‘such widow . . . had she survived’’ to

eliminate unnecessary words.

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

Comptroller General or retired Comptroller General

who has elected to bring himself within the purview of

this section’’ are omitted as surplus. In clauses (1) and

(2), the word ‘‘pay’’ is substituted for ‘‘salary’’ for consistency in the revised title and with other titles of the

Code. In clause (1), before subclause (A), the words ‘‘by

him for service . . . service in which his’’ are omitted

as surplus. In subclause (A)(i), 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. The words ‘‘his years of

service as’’ and ‘‘of the United States’’ are omitted as

surplus.

In subsection (e), the words ‘‘and shall be further reduced in accordance with subsection (d) of this section

if applicable’’ are omitted because of the restatement.

The words ‘‘or a retired Comptroller General’’ are omitted as executed. The words ‘‘during which a deposit was

not made’’ are substituted for ‘‘rendered’’ for clarity.

The word ‘‘unpaid’’ is added for clarity.

AMENDMENTS

1988—Subsec. (b)(3), (4). Pub. L. 100–426, §205(1), substituted ‘‘18 months’’ for ‘‘5 years’’.

Subsec. (c)(2), (3). Pub. L. 100–426, §205(2), amended

pars. (2) and (3) generally. Prior to amendment, pars.

(2) and (3) read as follows:

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

spouse shall receive an immediate annuity under subsection (d) of this section and each dependent child

shall receive an immediate annuity equal to the smaller of—

‘‘(A) $1,548; or

‘‘(B) $4,644 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) $1,860; or

‘‘(C) $5,580 divided by the number of dependent children.’’

Subsec. (d)(1). Pub. L. 100–426, §205(3), substituted ‘‘1.5

percent’’ for ‘‘1.25 percent’’ in introductory provisions.

Subsec. (e). Pub. L. 100–426, §205(4), substituted ‘‘more

than 50 percent nor less than 25 percent’’ for ‘‘more

than 40 percent’’.

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 773, 775, 776, 777,

778 of this title.

§ 775. Refunds

(a) A Comptroller General separated from office before becoming entitled to receive an annuity under section 772 of this title is entitled to

a lump-sum refund of the amount deducted from

pay or deposited as a contribution under section

772, plus 3 percent interest on the amount compounded every December 31.

(b) A Comptroller General making an election

under section 773 of this title who is separated

from office before becoming entitled to an annuity under section 772 of this title is entitled to

a lump-sum refund of the amount deducted

under section 773 of this title, plus 4 percent interest before January 1, 1948, and 3 percent interest after December 31, 1947, compounded

every December 31 until the separation date.