
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC772]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 7--GENERAL ACCOUNTING OFFICE
 
                         SUBCHAPTER V--ANNUITIES
 
Sec. 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 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) deposit with the General Accounting 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 subchapter; or
            (B) 8 percent of the pay received as Comptroller General 
        before deductions are made under clause (2)(B) of this 
        subsection plus 3 percent interest compounded every December 31 
        on the amount to be deposited, if not electing survivor benefits 
        under this subchapter; and

        (2) have--
            (A) 3.5 percent of the pay received as Comptroller General 
        deducted as a contribution to the annuity if electing survivor 
        benefits under this subchapter; or
            (B) 8 percent of the pay received as Comptroller 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, Sec. 203, Sept. 9, 1988, 102 Stat. 1600.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
772(a)...............................  31:43(2d par. 1st sentence).    June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        303(2d 
par. 1st, 2d, last sentences);
                                                                        added J
uly 28, 1953, ch. 256, 67 Stat.
                                                                        229.
772(b)...............................  31:43(2d par. 2d sentence).
772(c)...............................  31:43(3d par. 1st, 2d           June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                        sentences, 3d sentence words    303(3d 
par. 1st-3d sentences); added
                                        before comma).                  July 26
, 1966, Pub. L. 89-520, Sec.  1,
                                                                        80 Stat
. 329; Oct. 25, 1978, Pub. L. 95-
                                                                        512, Se
c.  4(b)(1), 92 Stat. 1800.
772(d)...............................  31:43(2d par. 4th sentence, 3d  June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                        par. last sentence).            303(2d 
par. 4th sentence, 3d par. last
                                                                        sentenc
e); added Oct. 25, 1978, Pub. L.
                                                                        95-512,
 Sec.  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 provided in 
subsection (c) of this section'' are added for clarity. The words ``is 
entitled to receive'' are substituted 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 office'' are omitted 
as surplus. The words ``before becoming 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 appointed to the Office of Comptroller 
General'' to eliminate 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 paragraph of this section'' for 
clarity and because of the restatement.
    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 
substituted 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 surplus. 
The word ``redeposit'' is substituted for ``covering'' for clarity. The 
words ``the general fund of'' and ``authorized under the preceding 
paragraph'' are omitted as surplus. In subclauses (A) and (B), the words 
``before deductions are made under clause (2)(A) of this subsection'' 
and ``before deductions are made under clause (2)(B) of this 
subsection'' are substituted for ``prior to the date current deductions 
begin from his salary'' for clarity. The words ``per annum'' are omitted 
as surplus. In clause (2), the words ``authorized by this paragraph'' 
are omitted as surplus.
    In subsection (e), the words ``Comptroller General'' are substituted 
for ``person'' for clarity.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-426, Sec. 203(1), substituted 
``retires under section 703(e)(1) of this title'' for ``is retired for 
age under section 703(e)(1) of this title after serving at least 10 
years''.
    Subsec. (c). Pub. L. 100-426, Sec. 203(2), substituted ``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)'' for 
``subchapter III of chapter 83 of title 5 remains subject to subchapter 
III''.


                    Effective Date of 1988 Amendment

    Section 208 of title II of Pub. L. 100-426 provided that: ``The 
amendments made by this title [amending this section and sections 703, 
771, 773, 774, 776, and 777 of this title] shall be effective after the 
end of the 60-day period beginning on the date of enactment of this Act 
[Sept. 9, 1988], except that an individual who, as of such date of 
enactment, is receiving an annuity under subchapter V of chapter 7 of 
title 31, United States Code, as a retired Comptroller General (and the 
spouse and any dependent children of such individual who may survive 
such individual) shall remain subject to the provisions of such 
subchapter, as in effect immediately before such date, if the retired 
Comptroller General makes an election under this section. An election 
under this section shall be ineffective unless it is made in writing and 
received by the General Counsel of the General Accounting Office before 
the end of the 60-day period referred to in the preceding sentence.''

                  Section Referred to in Other Sections

    This section is referred to in sections 735, 773, 774, 775, 777 of 
this title.
