General Accounting Office Personnel Amendments Act of 1988
PL 100-426 (H.R.4318), enacted 09/09/1988

102 STAT. 1598 
PUBLIC LAW 100-426—SEPT. 9, 1988 
Sept. 9, 1988 
[H.R. 4318] 
General 
Accounting 
Office Personnel 
Amendments 
Act of 1988. 
31 u s e 701 note. 
Public Law 100-426 
100th Congress 
An Act 
To improve the administration of the personnel systems of the General Accounting 
Office. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "General Accounting Office Person-
nel Amendments Act of 1988". 
SEC. 2. 
REFERENCES. 
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of title 31, United 
States Code. 
TITLE I—PERSONNEL APPEALS BOARD 
SEC. 101. MEMBERS. 
(a) 3 YEARS OF EXPERIENCE IN ADJUDICATION OR ARBITRATION NOT 
A PREREQUISITE.—Section 751(a) is amended by striking paragraph 
(1) and by redesignating paragraphs (2) through (4) as paragraphs (1) 
through (3), respectively. 
(b) CANDIDATES RECOMMENDED NEED ONLY BE CONSIDERED.—Para-
graph (1) of section 751(b) is amended to read as follows: 
"(1) after considering any candidates who are recommended 
to the Comptroller General (at such time and in such manner as 
the Comptroller General requires) by organizations composed 
primarily of individuals experienced in adjudicating or arbitrat-
ing personnel matters; and". 
(c) TERMS OF OFFICE.—Section 751(c) is amended— 
(1) by striking "The" in the first sentence and inserting "(1) 
Except as provided in paragraph (2), the"; 
(2) by striking "3" each place it appears and inserting "5"; 
and 
(3) by adding at the end the following: 
"(2)(A) The term of a member serving on the date of the enact-
ment of the General Accounting Office Personnel Amendments Act 
of 1988 shall be as follows: 
"(i) Of the 2 members appointed in 1985, the term of 1 
such member shall be 5 years, and the term of the other 
such member shall be 6 years. 
"(ii) Of the 2 members appointed in 1986, the term of 1 such 
member shall be 6 years, and the term of the other such 
member shall be 7 years. 
"(iii) The term of the member appointed in 1987 shall be 7 
years. 
.•fr^W'* 
PUBLIC LAW 100-426—SEPT. 9, 1988 
102 STAT. 1599 
"(B) Within 60 days after the date referred to in subparagraph (A), 
the Comptroller General shall determine— 
"(i) with respect to the members under subparagraph (A)(i), 
which will have a term of 5 years and which will have a term of 
6 years; and 
"(ii) with respect to the members under subparagraph (A)(ii), 
which will have a term of 6 years and which will have a term of 
7 years. 
"(C) A term established for a member under this paragraph shall 
be measured— 
"(i) from the date on which the member was originally 
appointed; or 
"(ii) in the case of a member serving for the unexpired portion 
of a term, from the appointment date of the individual who was 
originally appointed to serve for such term.". 
SEC. 102. PAY RATES. 
(a) GENERAL COUNSEL.—The second sentence of section 752(b)(2) is 
amended to read as follows: "The rate of basic pay of the General 
Counsel may be not more than the maximum rate of basic pay 
payable for grade GS-16 of the General Schedule.". 
(b) MEMBERS.—The first sentence of section 751(e) is amended to 
read as follows: "While carrying out a member's duties (including 
travel), a member who is not an officer or employee of the United 
States Government is entitled to basic pay at a rate equal to the 
daily rate of basic pay payable for grade GS-18 of the General 
Schedule.". 
SEC. 103. JUDICIAL REVIEW. 
(a) JURISDICTION OF COURTS.—Section 755 is amended by striking 
"District of Columbia Circuit or by the court of appeals of the 
United States for the circuit in which the petitioner resides." and 
inserting "Federal Circuit.". 
(b) ATTORNEY'S FEES IN DISCRIMINATION CASES.—Section 755 as 
amended by subsection (a), is further amended— 
(1) by inserting "(a)" immediately before the beginning of the 
first sentence; and 
(2) by adding at the end the following: 
"(b) If an officer, employee, or applicant for employment 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, 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.". 
(c) APPLICABILITY.—Nothing in any of the amendments made by 
31 USC 755 note, 
this section shall apply with respect to an appeal pending on the 
date of the enactment of this Act. 
TITLE II—RETIREMENT AND ANNUITIES 
SEC. 201. ELIGIBILITY REQUIREMENTS FOR RETIREMENT. 
Section 703(e)(1) is amended by striking "retires on becoming 70 
years of age." and inserting "may retire after becoming 70 years of 
age and completing 10 years of service as Comptroller General or 
Deputy Comptroller General (as the case may be).". 
102 STAT. 1600 
PUBLIC LAW 100-426—SEPT. 9, 1988 
SEC. 202. DEFINITIONS. 
(a) DEPENDENT CHILD.—Section 771(1) is amended by striking "or" 
at the end of subparagraph (A), by striking the period at the end of 
subparagraph (B) and inserting "; or", and by adding after subpara-
graph (B) the following: 
"(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 pur-
poses 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 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.". 
(b) SURVIVING SPOUSE.—Section 771(2) is amended— 
(1) in subparagraph (A), by striking "2 years" and inserting "1 
year"; and 
(2) in subparagraph (B), by inserting "before age 55" after 
"remarried". 
SEC. 203. ANNUITY OF THE COMPTROLLER GENERAL. 
Section 772 is amended— 
(1) in subsection (a), by striking "is retired for age under 
section 703(e)(1) of this title after serving at least 10 years" and 
inserting "retires under section 703(eXl) of this title"; and 
(2) in subsection (c), by striking "subchapter III of chapter 83 
of title 5 remains subject to subchapter III" and inserting 
"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)". 
SEC. 204. ELECTION OF SURVIVOR BENEFITS. 
Section 773 is amended— 
(1) in subsection (b)(1), by inserting "5 percent of the" before 
"annuity"; 
(2) in subsection (b)(2)(C), by striking "4.5" and inserting "3"; 
and 
(3) by adding after subsection (c) the following: 
"(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.". 
SEC. 205. SURVIVOR ANNUITIES. 
Section 774 is amended— 
(1) in subsection (b), by striking "5 years" each place it 
appears and inserting "18 months"; 
(2) in subsection (c), by amending paragraphs (2) and (3) to 
read as follows: 
PUBLIC LAW 100-426—SEPT. 9, 1988 
102 STAT. 1601 
"(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 o
f
— 
"(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 o
f
— 
"(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."; 
(3) in subsection (d)(1), by striking "1.25" and inserting "1.5"; 
and 
(4) in subsection (e), by amending the first sentence to read as 
follows: "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.". 
SEC. 206. PAYMENT OF SURVIVOR BENEFITS. 
Section 776(b) is amended— 
(1) in paragraph (1), by inserting "before age 55" after "re-
marries"; and 
(2) in paragraph (2), by striking "age," and inserting "age 
(unless the child is then a student as described in section 
771(1)(C) of this title),". 
SEC. 207. ANNUITY INCREASES. 
Section 777 is amended to read as follows: 
"§ 777. Annuity increases 
"(a) An annuity payable under this subchapter shall be increased 
at the same time that, and by the same percent as the percentage by 
which, annuities are increased under section 8340Cb) of title 5. 
"(b) An annuity under section 772 of this title may not be more 
than the basic pay of the Comptroller General. A surviving spouse's 
annuity may be increased under this section without regard to any 
limitation set forth in section 774(e) of this title.". 
SEC. 208. EFFECTIVE DATE. 
31 USC 772 note. 
The amendments made by this title shall be effective after the end 
of the 60-day period beginning on the date of enactment of this Act, 
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 
102 STAT. 1602 
PUBLIC LAW 100-426—SEPT. 9, 1988 
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. 
TITLE III—MISCELLANEOUS PROVISIONS 
SEC. 301. PREVAILING RATE EMPLOYEES. 
Section 5349(a) of title 5, United States Code, is amended by 
inserting "the General Accounting Office," after "the Government 
Printing Office,". 
SEC. :{02. MAXIMUM NUMBER OF POSITIONS PAYABLE AT CS-18. 
Section 732(c)(4) is amended— 
(1) by striking "119" and inserting "129"; and 
(2) by striking "the highest rate for GS-18," and inserting 
"the rate of basic pay payable for grade GS-18 of the General 
Schedule,". 
SEC. 303. TECHNICAL AND CONFORMING AMENDMENTS. 
Section 732(c)(3) is amended by striking "in section 733(a)(3)(B) of 
this title," and inserting "under section 733(a)(3)(B) of this title or 
section 5349(a) of title 5,". 
Approved September 9, 1988. 
LEGISLATIVE HISTORY—H.R. 4318: 
HOUSE REPORTS: No. 100-599, Pt. 1 (Comm. on Post Office and Civil Service). 
SENATE REPORTS: No. 100-463 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
May 9, considered and passed House. 
Aug. 11, considered and passed Senate.