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31 U.S.C. § 776 — Payment of survivor benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An annuity under [section 774 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section774&num=0&edition=prelim) accrues monthly and is paid monthly on the first business day of the month after the month in which an annuity accrues.
**(b)**
(1) A surviving spouse’s annuity ends when the spouse remarries before age 55 or dies.
(2) A dependent child’s annuity ends when the child becomes 18 years of age (unless the child is then a student as described in [section 771(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section771/1/C&num=0&edition=prelim)), marries, or dies, whichever is earliest. However, if a child is not self-supporting because of a physical or mental disability, an annuity ends when the child recovers, marries, or dies.
(3) If a surviving spouse dies and a dependent child survives, the child’s annuity is recomputed under [section 774(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section774/c/3&num=0&edition=prelim).
(4) When a dependent child’s annuity ends, the annuity of another dependent child is recomputed as if the child whose annuity has ended did not survive a Comptroller General or retired Comptroller General.
**(c)** An accrued annuity unpaid when the annuity of a survivor ends—
(1) for a reason except death, shall be paid to the survivor; and
(2) when a survivor dies, shall be paid in the following order of precedence:
(A) to the executor or administrator of the estate of the individual.
(B) if there is no executor or administrator, then after 30 days after the date of death, to an individual the General Counsel of the Government Accountability Office decides is legally entitled to the payment.
**(d)**
(1)
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Stable record: federal_law:legal_authorities:record_usc_44b673be3fe9ba96a0f57fe5
Source file: Laws/federal/codes/united-states-code/title-31/section-776-payment-of-survivor-benefits--4548a99788.md
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Source location: Title 31, Chapter 7, § 776; chapter-007-government-accountability-office.md
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**(a)** An annuity under [section 774 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section774&num=0&edition=prelim) accrues monthly and is paid monthly on the first business day of the month after the month in which an annuity accrues.
**(b)**
(1) A surviving spouse’s annuity ends when the spouse remarries before age 55 or dies.
(2) A dependent child’s annuity ends when the child becomes 18 years of age (unless the child is then a student as described in [section 771(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section771/1/C&num=0&edition=prelim)), marries, or dies, whichever is earliest. However, if a child is not self-supporting because of a physical or mental disability, an annuity ends when the child recovers, marries, or dies.
(3) If a surviving spouse dies and a dependent child survives, the child’s annuity is recomputed under [section 774(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section774/c/3&num=0&edition=prelim).
(4) When a dependent child’s annuity ends, the annuity of another dependent child is recomputed as if the child whose annuity has ended did not survive a Comptroller General or retired Comptroller General.
**(c)** An accrued annuity unpaid when the annuity of a survivor ends—
(1) for a reason except death, shall be paid to the survivor; and
(2) when a survivor dies, shall be paid in the following order of precedence:
(A) to the executor or administrator of the estate of the individual.
(B) if there is no executor or administrator, then after 30 days after the date of death, to an individual the General Counsel of the Government Accountability Office decides is legally entitled to the payment.
**(d)**
(1) A payment under subsection (c)(2)(B) of this section or [section 775(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section775/d&num=0&edition=prelim) is a bar to recovery by another individual.
(2) A benefit under this section and sections 773–775 of this title is not assignable or subject to legal process.
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Federal law — U.S. Code and appendices · legal_authorities
**(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;
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 774
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Federal law — U.S. Code and appendices · legal_authorities
**(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)
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 772
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Federal law — U.S. Code and appendices · legal_authorities
Page 112
TITLE 31—MONEY AND FINANCE
§ 776
before the amount of annuities paid equals the
amount deducted under sections 772 and 773 of
this title, plus interest of 4 percent before Janu-
ary 1, 1948, and 3 percent after December 31, 1947,
compounded every December 31 until the date of
death, the remainder shall be paid under sub-
section (d) of this section.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 905; Pub.
L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
775(a) ......
31:43(last par. 1st
sentence).
June 10, 1921, ch. 18, 42 Stat.
20,
§ 303(last
par.);
added
Oct. 25, 1978, Pub. L. 95–512,
§ 4(c), 92 Stat. 1801.
775(b) ......
31:43b(i).
June 10, 1921, ch. 18, 42 Stat.
20, § 319(i), (j)(less last 13
words before colon), (k);
added July 13, 1959, Pub. L.
86–87, 73 Stat. 198.
775(c)–(e)
31:43(last par. last
sentence).
31:43b(j)(less last 13
words before
colon).
775(f) .......
31:43b(k).
In subsections (a) and (b), the word ‘‘total’’ is omitted
as surplus.
In subsection (a), the word ‘‘pay’’ is substituted for
‘‘salary’’ for consistency in the revised title and with
other titles of the United States Code. The words ‘‘by
him’’ and ‘‘to his annuity’’ are omitted as surplus.
In subsection (b), the words ‘‘who has elected to bring
himself within the purview of’’ are omitted as surplus.
The word ‘‘annuity’’ is substituted for ‘‘retirement
pay’’ for consistency in the revised title and with other
titles of the Code.
In subsection (c), before clause (1), the words ‘‘A
lump-sum refund of the amounts deducted under sec-
tions 772 and 773 of this title’’ are substituted for ‘‘total
amount deducted from his salary and retirement pay’’
for clarity.
Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 776
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.