
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC773]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 7--GENERAL ACCOUNTING OFFICE
 
                         SUBCHAPTER V--ANNUITIES
 
Sec. 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, 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 General Accounting 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; 
        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 General's 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, Sec. 204, Sept. 9, 1988, 102 Stat. 1600.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
773(a)...............................  31:43b(a).                      June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        319(a);
 added July 13, 1959, Pub. L. 86-
                                                                        87, 73 
Stat. 197; July 26, 1966, Pub. L.
                                                                        89-520,
 Sec.  2, 80 Stat. 329.
773(b)...............................  31:43b(b), (c).                 June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        319(b),
 (c); added July 13, 1959, Pub.
                                                                        L. 86-8
7, 73 Stat. 197; Oct. 25, 1978,
                                                                        Pub. L.
 95-512, Sec.  2(1), 92 Stat.
                                                                        1799.
773(c)...............................  31:43b(q).                      June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        319(q);
 added July 13, 1959, Pub. L. 86-
                                                                        87, 73 
Stat. 200.
-------------------------------------------------------------------------------
---------------------------------

    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

    1988--Subsec. (b)(1). Pub. L. 100-426, Sec. 204(1), inserted ``5 
percent of the'' before ``annuity''.
    Subsec. (b)(2)(C). Pub. L. 100-426, Sec. 204(2), substituted ``3 
percent'' for ``4.5 percent''.
    Subsec. (d). Pub. L. 100-426, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 774, 775, 776, 778 of this 
title.
