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31 U.S.C. § 774 — Survivor annuities

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

31 U.S.C. § 774 — Survivor annuities

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Stable record: federal_law:legal_authorities:record_usc_668d2cf57160c717327f0018
Source file: Laws/federal/codes/united-states-code/title-31/section-774-survivor-annuities--6285d2bd30.md
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Source location: Title 31, Chapter 7, § 774; chapter-007-government-accountability-office.md

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**(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; (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 (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section773/b&num=0&edition=prelim), 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.

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

31 U.S.C. § 733 — Senior Executive Service

**(a)** The Comptroller General may establish a General Accounting Office Senior Executive Service 11 See Change of Name note below. — (1) meeting the requirements of [section 3131 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3131&num=0&edition=prelim); (2) providing requirements for positions consistent with [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim); (3) providing rates of basic pay— (A) not more than the maximum rate or less than the minimum rate for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim); and (B) adjusted annually by the Comptroller General after taking into consideration the factors listed under [section 732(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/c/3&num=0&edition=prelim), except that an adjustment under this subparagraph shall not be applied in the case of any officer or employee whose performance is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment; (4) providing a performance appraisal system consistent with subchapter II of chapter 43 of title 5; (5) allowing the Comptroller General to award ranks to officers and employees in the Office Senior Executive Service consistent with [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim); (6) providing for removal consistent with [section 3592 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3592&num=0&edition=prelim), and for re

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 773

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

5 U.S.C. § 2107 — Congressional employee

For the purpose of this title, “Congressional employee” means— (1) an employee of either House of Congress, of a committee of either House, or of a joint committee of the two Houses; (2) an elected officer of either House who is not a Member of Congress; (3) the Legislative Counsel of either House and an employee of his office; (4) a member or employee of the Capitol Police; (5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; (6) Repealed. Pub. L. 90–83, § 1(5)(A), Sept. 11, 1967, 81 Stat. 196.] (7) the Architect of the Capitol and an employee of the Architect of the Capitol; (8) an employee of the Botanic Garden; and (9) an employee of the Office of Congressional Accessibility Services.

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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)

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

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. § 776 — Payment of survivor benefits

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

31 U.S.C. § 774 — Survivor annuities

Page 110 TITLE 31—MONEY AND FINANCE § 774 Editorial Notes AMENDMENTS 2004—Subsec. (b)(2). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’ in introductory provisions. 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain ex- ceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this title. § 774. Survivor annuities (a) In this section— (1) ‘‘allowable military service’’ means hon- orable active service of not more than 5 years in an armed force (including service in the Na- tional 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 ci- vilian service as an officer or employee of the Government or District of Columbia govern- ment 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 annu- ity 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 t

Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 774

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