31 U.S.C. § 771 — Definitions

Page 107 TITLE 31—MONEY AND FINANCE § 771 1984 ACT This clarifies section 755 by conforming it more close- ly to the language of the source provision of the sec- tion. Editorial Notes REFERENCES IN TEXT Section 312(e)(2) of the Architect of the Capitol Human Resources Act, referred to in subsec. (b), was classified to section 1831(e)(2) of Title 2, The Congress, and was repealed by Pub. L. 104–1, title V, § 504(c)(1), Jan. 23, 1995, 109 Stat. 41, except as provided in section 1435 of Title 2. Section 706(k) of the Civil Rights Act of 1964, referred to in subsec. (b), is classified to section 2000e–5(k) of Title 42, The Public Health and Welfare. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–283, § 312(e)(4)(C)(i), sub- stituted ‘‘, (7) or (9)’’ for ‘‘or (7)’’ in introductory provi- sions. See Application of Provisions Amended by Pub. L. 103–283 note below. Subsec. (b). Pub. L. 103–283, § 312(e)(4)(C)(ii), sub- stituted ‘‘applicant for employment, or employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants’’ for ‘‘or applicant for employ- ment’’, and inserted ‘‘or under section 312(e)(2) of the Architect of the Capitol Human Resources Act’’ after ‘‘of this title’’. See Application of Provisions Amended by Pub. L. 103–283 note below. 1988—Subsec. (a). Pub. L. 100–426, § 103(a), (b)(1), des- ignated existing provisions as subsec. (a) and sub- stituted ‘‘Federal Circuit’’ for ‘‘District of Columbia Circuit or by the court of appeals of the United States for the circuit in which the petitioner resides’’. Subsec. (b). Pub. L. 100–426, § 103(b)(2), added subsec. (b). 1984—Pub. L. 98–216 substituted ‘‘A final decision under section 753(a)(1)–(3), (6), or (7) of this title may be reviewed by the United States Court of Appeals for the District of Columbia Circuit or by the court of appeals of the United States for the circuit in which the peti- tioner resides’’ for ‘‘A person may apply for review of a final decision under section 753(a)(1)–(3), (6), or (7) of this title by filing a petition for review with the United States Court of Appeals for the District of Columbia Circuit or with the court of appeals of the United States for the circuit in which the person resides’’ in provisions preceding par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–426, title I, § 103(c), Sept. 9, 1988, 102 Stat. 1599, provided that: ‘‘Nothing in any of the amendments made by this section [amending this section] shall apply with respect to an appeal pending on the date of the enactment of this Act [Sept. 9, 1988].’’ APPLICATION OF PROVISIONS AMENDED BY PUB. L. 103–283 Provisions of this section amended by section 312(e) of Pub. L. 103–283 to be applied and administered as if section 312(e) and the amendments made by section 312(e) had not been enacted, see section 504(c)(2) of Pub. L. 104–1, set out as a note under section 751 of this title. SUBCHAPTER V—ANNUITIES § 771. Definitions In this subchapter— (1) ‘‘dependent child’’ means an unmarried dependent child (including a stepchild or adopted child) who is— (A) under 18 years of age; (B) incapable of self-support because of physical or mental disability; or (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 voca- tional institute, junior college, college, uni- versity, or comparable recognized edu- cational institution. For the purposes of this subchapter, a child whose 22nd birthday oc- curs before July 1 or after August 31 of a cal- endar 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 pe- riod between school years if the interim pe- riod is not more than 5 months and if such child shows to the satisfaction of the Gen- eral Counsel of the Government Account- ability Office that such child has a bona fide intention of continuing in the same or a dif- ferent school during the school semester (or other period into which the school year is di- vided) immediately after the interim period. (2) ‘‘surviving spouse’’ means a surviving spouse of an individual who was a Comptroller General or retired Comptroller General and the spouse— (A) was married to the individual for at least 1 year immediately before the indi- vidual died; or (B) has not remarried before age 55 and is the parent of issue by the marriage. (3) service as a Comptroller General equals the number of years and complete months an individual is Comptroller General. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100–426, title II, § 202, Sept. 9, 1988, 102 Stat. 1600; 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) 771(1), (2) 31:43b(g). June 10, 1921, ch. 18, 42 Stat. 20, § 319(g), (p); added July 13, 1959, Pub. L. 86–87, 73 Stat. 198, 200. 771(3) ...... 31:43b(p). In this subchapter, the words ‘‘surviving spouse’’, ‘‘spouse’’, ‘‘surviving spouse’s’’, and ‘‘parent’’ are sub- stituted for ‘‘widow’’, ‘‘wife’’, ‘‘surviving widow’s’’, and ‘‘mother’’, respectively, because of 5:7202(c). In clause (3), the words ‘‘or retired Comptroller Gen- eral’’ are omitted as executed because a retired Comp- troller General could elect survivor benefits and in- clude retirement service only if the Comptroller Gen- eral had retired by July 13, 1959. The word ‘‘total’’ is omitted as surplus. The words ‘‘complete months’’ are substituted for ‘‘twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any’’ to eliminate unnecessary words. The words ‘‘an individual is Comptroller General’’ are added for clarity. Editorial Notes AMENDMENTS 2004—Par. (1)(C). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1988—Par. (1)(C). Pub. L. 100–426, § 202(a), added sub- par. (C). Page 108 TITLE 31—MONEY AND FINANCE § 772 Par. (2)(A). Pub. L. 100–426, § 202(b)(1), substituted ‘‘1 year’’ for ‘‘2 years’’. Par. (2)(B). Pub. L. 100–426, § 202(b)(2), inserted ‘‘before age 55’’ after ‘‘remarried’’. 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. § 772. Annuity of the Comptroller General (a) Except as provided in subsection (c) of this section, a Comptroller General serving a com- plete term as Comptroller General or who re- tires under section 703(e)(1) of this title is enti- tled 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 retire- ment. 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 perma- nently 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 ap- pointed, is or has been subject to subchapter III of chapter 83 or chapter 84 of title 5 remains sub- ject 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 Comp- troller General electing to receive an annuity under this section is entitled to a refund of the lump-sum credit to the account of the Comp- troller General in the Civil Service Retirement and Disability Fund. (d) A Comptroller General (except a Comp- troller General remaining subject to subchapter III of chapter 83 of title 5) shall— (1) deposit with the Government Account- ability Office for redeposit in the Treasury as miscellaneous receipts as a contribution to the annuity— (A) 3.5 percent of the pay received as Comptroller General before deductions are made under clause (2)(A) of this subsection plus 3 percent interest compounded every December 31 on the amount to be deposited, if electing survivor benefits under this sub- chapter; or (B) 8 percent of the pay received as Comp- troller General before deductions are made under clause (2)(B) of this subsection plus 3 percent interest compounded every Decem- ber 31 on the amount to be deposited, if not electing survivor benefits under this sub- chapter; and (2) have— (A) 3.5 percent of the pay received as Comptroller General deducted as a contribu- tion to the annuity if electing survivor bene- fits under this subchapter; or (B) 8 percent of the pay received as Comp- troller General deducted as a contribution to the annuity if not electing survivor benefits under this subchapter. (e) A Comptroller General receiving benefits under this section may not receive retirement or disability benefits under another law of the United States. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100–426, title II, § 203, Sept. 9, 1988, 102 Stat. 1600; 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) 772(a) ...... 31:43(2d par. 1st sen- tence). June 10, 1921, ch. 18, 42 Stat. 20, § 303(2d par. 1st, 2d, last sentences); added July 28, 1953, ch. 256, 67 Stat. 229. 772(b) ...... 31:43(2d par. 2d sen- tence). 772(c) ...... 31:43(3d par. 1st, 2d sentences, 3d sen- tence words be- fore comma). June 10, 1921, ch. 18, 42 Stat. 20, § 303(3d par. 1st–3d sen- tences); added July 26, 1966, Pub. L. 89–520, § 1, 80 Stat. 329; Oct. 25, 1978, Pub. L. 95–512, § 4(b)(1), 92 Stat. 1800. 772(d) ...... 31:43(2d par. 4th sen- tence, 3d par. last sentence). June 10, 1921, ch. 18, 42 Stat. 20, § 303(2d par. 4th sentence, 3d par. last sentence); added Oct. 25, 1978, Pub. L. 95–512, § 4(a), (b)(2), 92 Stat. 1800. 772(e) ...... 31:43(2d par. last sentence, 3d par. 3d sentence words after comma). In subsections (a) and (b), the words ‘‘Except as pro- vided in subsection (c) of this section’’ are added for clarity. The words ‘‘is entitled to receive’’ are sub- stituted for ‘‘shall receive’’ as being more precise and for consistency with title 5. In subsection (a), the words ‘‘under section 703(e)(1) of this title’’ are added for clarity. The words ‘‘in his of- fice’’ are omitted as surplus. The words ‘‘before becom- ing 65 years of age’’ are added for clarity. The words ‘‘at such completion’’ are omitted as surplus. In subsection (b), before clause (1), the words ‘‘from performing his duties’’ are omitted as surplus. In subsections (c) and (d), the words ‘‘Comptroller General’’ are substituted for ‘‘person appointed to the Office of Comptroller General’’ and ‘‘person who is ap- pointed to the Office of Comptroller General’’ to elimi- nate unnecessary words. In subsection (c), the words ‘‘Notwithstanding the preceding paragraph of this section’’ are omitted as surplus. The words ‘‘after January 1, 1966’’ are omitted as executed. The words ‘‘receive an annuity under this section’’ are substituted for ‘‘and no deduction from his salary shall be made under the preceding paragraph . . . be subject to the provisions of the preceding para- graph of this section’’ for clarity and because of the re- statement. In subsection (d), before clause (1), the words ‘‘after October 25, 1978’’ are omitted as executed. The words ‘‘(except a Comptroller General remaining subject to subchapter III of chapter 83 of title 5)’’ are added for clarity. In clauses (1) and (2), the word ‘‘pay’’ is sub- stituted for ‘‘salary’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘a sum equal to’’ are omitted as surplus. In clause (1), before subclause (A), the words ‘‘makes such an election under this paragraph’’ are omitted as sur- plus. The word ‘‘redeposit’’ is substituted for ‘‘cov- ering’’ for clarity. The words ‘‘the general fund of’’ and ‘‘authorized under the preceding paragraph’’ are omit-