31 U.S.C. § 777 — Annuity increases

Page 113 TITLE 31—MONEY AND FINANCE § 779 In subsection (d)(2), the words ‘‘A benefit’’ are sub- stituted for ‘‘None of the moneys mentioned’’ to elimi- nate unnecessary words. The words ‘‘either in law or equity’’ and ‘‘execution, levy, attachment, garnish- ment, or other’’ are omitted as surplus. Editorial Notes AMENDMENTS 2004—Subsec. (c)(2)(B). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’. 1988—Subsec. (b)(1). Pub. L. 100–426, § 206(1), inserted ‘‘before age 55’’ after ‘‘remarries’’. Subsec. (b)(2). Pub. L. 100–426, § 206(2), inserted ‘‘(un- less the child is then a student as described in section 771(1)(C) of this title)’’ after ‘‘age’’. 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. § 777. Annuity increases (a) An annuity payable under this subchapter shall be increased at the same time that, and by the same percent as the percentage by which, annuities are increased under section 8340(b) of title 5. (b) An annuity under section 772 of this title may not be more than the basic pay of the Comptroller General. A surviving spouse’s annu- ity may be increased under this section without regard to any limitation set forth in section 774(e) of this title. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 906; Pub. L. 100–426, title II, § 207, Sept. 9, 1988, 102 Stat. 1601.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 777(a) ...... 31:43c(a)(words be- fore colon), (1). June 10, 1921, ch. 18, 42 Stat. 20, § 320; added Oct. 25, 1978, Pub. L. 95–512, § 3, 92 Stat. 1799. 777(b) ...... 31:43c(a)(2). 777(c) ...... 31:43c(a)(3), (b). In subsection (a), before clause (1), the text of 31:43c(a)(words before colon) is omitted as surplus. In subsection (b), the words ‘‘in any year’’ and ‘‘com- mencing’’ are omitted as surplus. In subsection (c)(1), the words ‘‘per centum’’ and ‘‘by the Comptroller General’’ are omitted as surplus. The words ‘‘Civil Service Commission’’ (subsequently changed to ‘‘Office of Personnel Management’’ because of section 101 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783)) are omitted because of the restatement of section 8340(b) of title 5 by section 1702(a) of the Omnibus Budget Reconciliation Act of 1981. In subsection (c)(2), the words ‘‘by reason of the ap- plication of subsection (a) of this section’’ and ‘‘an- nual’’ are omitted as surplus. The words ‘‘basic pay’’ are substituted for ‘‘compensation’’ for consistency with other titles of the United States Code. Editorial Notes AMENDMENTS 1988—Pub. L. 100–426 amended section generally. Prior to amendment, section read as follows: ‘‘(a) The Comptroller General shall compute— ‘‘(1) on January 1 of each year, or within a reason- able time after January 1, the percent change in the Consumer Price Index between June and December of the prior year; and ‘‘(2) on July 1 of each year, or within a reasonable time after July 1, the percent change in the Index be- tween June of the same year and December of the prior year. ‘‘(b) If a percent change computed under subsection (a)(1) of this section indicates a rise in the Index, an an- nuity payable under this subchapter and beginning be- fore March 2 shall increase on March 1 by the percent change computed under subsection (a)(1), adjusted to the nearest .1 percent. If a percent change computed under subsection (a)(2) of this section indicates a rise in the Index, an annuity payable under this subchapter and beginning before September 2 shall increase on September 1 by the percent change computed under subsection (a)(2), adjusted to the nearest .1 percent. ‘‘(c)(1) An increase under this section may not be more than an increase prescribed under section 8340(b) of title 5. ‘‘(2) An annuity under section 772 of this title may not be more than the basic pay of the Comptroller Gen- eral.’’ 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. § 778. Dependency and disability decisions The General Counsel of the Government Ac- countability Office shall decide a question of de- pendency, disability, or dependency and dis- ability under sections 773–776 of this title. A de- cision under this section is final. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 907; 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) 778 .......... 31:43b(h). June 10, 1921, ch. 18, 42 Stat. 20, § 319(h); added July 13, 1959, Pub. L. 86–87, 73 Stat. 198. The words ‘‘arising’’ and ‘‘and conclusive’’ are omit- ted as surplus. Editorial Notes AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’. § 779. Use of appropriations Annuities and refunds under this subchapter shall be paid by the Comptroller General from appropriations of the Government Account- ability Office. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 907; 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) 779 .......... 31:43(2d par. 3d sen- tence). June 10, 1921, ch. 18, 42 Stat. 20, § 303(2d par. 3d sentence); added July 28, 1953, ch. 256, 67 Stat. 229.