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31 U.S.C. § 773 — Election of survivor benefits

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section772/c&num=0&edition=prelim), 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 Government Accountability 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section774/d&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section774&num=0&edition=prelim). 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 sur

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Source location: Title 31, Chapter 7, § 773; chapter-007-government-accountability-office.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim). **(b)** A survivor annuity shall be paid under this subchapter when a Comptroller General— (1) makes an election under [section 773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section773&num=0&edition=prelim); (2) dies in office or while receiving an annuity under [section 772 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section772&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section773&num=0&edition=prelim) 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; (

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section703/e/1&num=0&edition=prelim) 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)

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 775 — Refunds

**(a)** A Comptroller General separated from office before becoming entitled to receive an annuity under [section 772 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section772&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section773&num=0&edition=prelim) who is separated from office before becoming entitled to an annuity under [section 772 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section772&num=0&edition=prelim) is entitled to a lump-sum refund of the amount deducted under [section 773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section773&num=0&edition=prelim), plus 4 percent interest before January 1, 1948, and 3 percent interest after December 31, 1947, compounded every December 31 until the separation date. **(c)** A lump-sum refund of the amounts deducted under sections 772 and 773 of this title, plus interest of 4 percent before January 1, 1948, and 3 percent after December 31, 1947, compounded every December 31 until the date of death, shall be paid under subsection (d) of this section if— (1) a Comptroller General dies in office before completing 5 years of civilian service under [section 774 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section774&num=0&edition=prelim) or after completing 5 years of civilian service but without a survivor entitled to an annuity under section 774(b) and (c) of this

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 773 — Election of survivor benefits

Page 109 TITLE 31—MONEY AND FINANCE § 773 ted as surplus. In subclauses (A) and (B), the words ‘‘be- fore 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 omit- ted 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. Editorial Notes AMENDMENTS 2004—Subsec. (d)(1). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’ in introductory provisions. 1988—Subsec. (a). Pub. L. 100–426, § 203(1), substituted ‘‘retires under section 703(e)(1) of this title’’ for ‘‘is re- tired 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 ‘‘sub- chapter 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–426, title II, § 208, Sept. 9, 1988, 102 Stat. 1601, 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 enact- ment of this Act [Sept. 9, 1988], except that an indi- vidual 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

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