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2 U.S.C. § 5305 — Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner
Federal law — U.S. Code and appendices · legal_authorities
When any individual who has been elected a Member of, or Resident Commissioner to, the House of Representatives dies after the commencement of the Congress to which he has been elected, any unpaid balance of salary and other sums due such individual shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to the recovery by any other person of amounts so paid:
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Source file: Laws/federal/codes/united-states-code/title-2/section-5305-disposition-of-unpaid-salary-and-other-sums-on-death-of-representative-o--d10e9dba39.md
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Source location: Title 2, Chapter 53, § 5305; chapter-053-house-of-representatives-members.md
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When any individual who has been elected a Member of, or Resident Commissioner to, the House of Representatives dies after the commencement of the Congress to which he has been elected, any unpaid balance of salary and other sums due such individual shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to the recovery by any other person of amounts so paid:
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 38a was editorially reclassified as [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5305&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, R.S. §§ 49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4; Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301, related to pay of Member dying after commencement of Congress. See [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5305&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Under regulations prescribed by the Secretary of the Senate, a person serving as a Senator or officer or employee whose compensation is disbursed by the Secretary of the Senate may designate a beneficiary or beneficiaries to be paid any unpaid balance of salary or other sums due such person at the time of his death. When any person dies while so serving, any such unpaid balance shall be paid by the disbursing officer of the Senate to the designated beneficiary or beneficiaries. If no designation has been made, such unpaid balance shall be paid to the widow or widower of that person, or if there is no widow or widower, to the next of kin or heirs at law of that person.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
**(b)**
(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall—
(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and
(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect.
(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.
(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on
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Federal law — U.S. Code and appendices · legal_authorities
Page 597
TITLE 2—THE CONGRESS
§ 5308
§ 5305. Disposition of unpaid salary and other
sums on death of Representative or Resident
Commissioner
When any individual who has been elected a
Member of, or Resident Commissioner to, the
House of Representatives dies after the com-
mencement of the Congress to which he has been
elected, any unpaid balance of salary and other
sums due such individual shall be paid to the
person or persons surviving at the date of death,
in the following order of precedence, and such
payment shall be a bar to the recovery by any
other person of amounts so paid:
First, to the beneficiary or beneficiaries des-
ignated by such individual in writing to receive
such unpaid balance and other sums due filed
with the Chief Administrative Officer of the
House of Representatives and received by the
Chief Administrative Officer prior to such indi-
vidual’s death;
Second, if there be no such beneficiary, to the
widow or widower of such individual;
Third, if there be no beneficiary or surviving
spouse, to the child or children of such indi-
vidual, and descendants of deceased children, by
representation;
Fourth, if none of the above, to the parents of
such individual, or the survivor of them;
Fifth, if there be none of the above, to the
duly appointed legal representative of the estate
of the deceased individual, or if there be none, to
the person or persons determined to be entitled
thereto under the laws of the domicile of the de-
ceased individual.
(July 2, 1954, ch. 455, title I, § 105, 68 Stat. 409;
Pub. L. 86–102, July 23, 1959, 73 Stat. 224; Pub. L.
104–186, title II, § 203(5), Aug. 20, 1996, 110 Stat.
1725.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 38a of this
title prior to editorial rec
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 5305
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