31-U.S.C.-773

§773 – Election of Survivor Benefits

Pathway

Title 31 > Subtitle I > Chapter 7 > Subchapter V > Section 773

Details

• Reference: Section 773
• Legend: §773 – Election of Survivor Benefits
• USCode Year: 2013

Provision Content

(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, 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 spouses annuity is computed under section 774(d) of this title; 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. 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 Generals annuity under subsection (b)(1) for the purpose of providing survivor benefits shall be terminated for each full month after the death of the spouse.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 903; Pub. L. 100–426, title II, §204, Sept. 9, 1988, 102 Stat. 1600; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

In subsections (a) and (b), the word pay is substituted for salary, and the word annuity is substituted for retirement pay, for consistency in the revised title and with other titles of the United States Code.

In subsection (a), the words To provide are substituted for for purposes of for clarity. The words or in the case of the Comptroller General currently in office and any retired Comptroller General, within six months after July 13, 1959 are omitted as executed. The words as hereinafter provided are omitted as surplus.

In subsection (b), before clause (1), the words of the United States are omitted as surplus. The words or retired Comptroller General are omitted as executed. The word provide is substituted for receive for clarity and consistency. In clause (2), before subclause (A), the word redeposit is substituted for covering for clarity. The words the general fund of and a sum equal to are omitted as surplus. In subclause (A), the words the date current . . . from his salary and retirement pay and 31:43b(c)(last sentence) are omitted as surplus. In subclause (B), the words salary . . . or compensation for service are omitted as surplus. The words member of Congress are substituted for Senator, Representative, Delegate, or Resident Commissioner in the Congress of the United States for consistency and to eliminate unnecessary words.

In subsection (c), the words be construed to and eligible therefore are omitted as surplus. The words receiving another annuity while are substituted for simultaneously . . . and any annuity . . . to which she would otherwise be entitled under any other law to eliminate unnecessary words. The words (including old age and survivor benefits) and without regard to this section are omitted as surplus.

Amendments

2004—Subsec. (b)(2). Pub. L. 108–271 substituted Government Accountability Office for General Accounting 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).

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this title.

U.S. Encyclopedia of Law Coverage

31-U.S.C.-734 in the Legal Encyclopedia: Public Finance

In this entry about 31-U.S.C.-734, find legal reference material, bibliographies and premiere content related to public finance in the American Encyclopedia of Law, presenting a comprehensive view of the United States public finance-specific issues, written by authorities in the field.

31-U.S.C.-773 in the Legal Encyclopedia: Money

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31-U.S.C.-773 in the Legal Encyclopedia: Government Accountability Office

In this entry about 31-U.S.C.-773, find legal reference material, bibliographies and premiere content related to government accountability office in the American Encyclopedia of Law, presenting a comprehensive view of the United States government accountability office-specific issues, written by authorities in the field.

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