
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: 31USC774]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 7--GENERAL ACCOUNTING OFFICE
 
                         SUBCHAPTER V--ANNUITIES
 
Sec. 774. Survivor annuities

    (a) In this section--
        (1) ``allowable military service'' means honorable active 
    service of not more than 5 years in an armed force (including 
    service in the National Guard when ordered to active duty for the 
    United States Government), when the service is not creditable in 
    computing another annuity.
        (2) ``other prior allowable service'' means civilian service as 
    an officer or employee of the Government or District of Columbia 
    government not covered by subsection (d)(1) of this section.
        (3) ``congressional employee'' has the same meaning given that 
    term in section 2107 of title 5.

    (b) A survivor annuity shall be paid under this subchapter when a 
Comptroller General--
        (1) makes an election under section 773 of this title;
        (2) dies in office or while receiving an annuity under section 
    772 of this title;
        (3) had at least 18 months of civilian service at death computed 
    under subsections (a) and (d) of this section; and
        (4) had deductions or deposits under section 773 of this title 
    made for the last 18 months of civilian service.

    (c) If the Comptroller General or retired Comptroller General is 
survived--
        (1) only by a spouse, the surviving spouse shall receive an 
    annuity computed under subsection (d) of this section beginning on 
    the death of the Comptroller General or retired Comptroller General 
    or when the spouse is 50 years of age, whichever is later;
        (2) by a spouse and a dependent child, the surviving spouse 
    shall receive an immediate annuity computed under subsection (d) of 
    this section and each dependent child shall receive an immediate 
    annuity equal to the smaller of--
            (A) 10 percent of the average annual pay computed under 
        subsection (d)(1) of this section; or
            (B) 20 percent of the average annual pay computed under 
        subsection (d)(1) of this section, divided by the number of 
        dependent children; or

        (3) only by a dependent child, each dependent child shall 
    receive an immediate annuity equal to the smaller of--
            (A) the annuity a surviving spouse would be entitled to 
        receive under clause (2) of this subsection, divided by the 
        number of dependent children;
            (B) 20 percent of the average annual pay computed under 
        subsection (d)(1) of this section; or
            (C) 40 percent of the average annual pay computed under 
        subsection (d)(1) of this section, divided by the number of 
        dependent children.

    (d) The annuity of a surviving spouse is equal to--
        (1) 1.5 percent of the average annual pay (based on the 3 years 
    of highest pay received as Comptroller General and other prior 
    allowable service) times--
            (A) the number of years of--
                (i) service as Comptroller General or a member of 
            Congress; and
                (ii) prior allowable military service; and

            (B) not more than 15 years of prior allowable service as a 
        congressional employee; plus

        (2) .75 percent of the average pay computed under clause (1) of 
    this subsection times the number of years of other allowable 
    service.

    (e) A surviving spouse's annuity may not be more than 50 percent nor 
less than 25 percent of the average annual pay computed under subsection 
(d)(1) of this section. If a Comptroller General does not make the 
deposit under section 773(b) of this title, a surviving spouse's annuity 
shall be credited with the service during which a deposit was not made, 
unless the spouse elects not to have the service credited. However, the 
annuity shall be reduced by 10 percent of the amount of the unpaid 
deposit, computed on the date the Comptroller General or retired 
Comptroller General dies.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 904; Pub. L. 100-426, title 
II, Sec. 205, Sept. 9, 1988, 102 Stat. 1600.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
774(a)...............................  31:43b(o).                      June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        319(d),
 (o); added July 13, 1959, Pub.
                                                                        L. 86-8
7, 73 Stat. 197, 200.
774(b), (c)..........................  31:43b(e).                      June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        319(e),
 (n); added July 13, 1959, Pub.
                                                                        L. 86-8
7, 73 Stat. 197, 200; Oct. 25,
                                                                        1978, P
ub. L. 95-512, Sec.  2(2)-(4), 92
                                                                        Stat. 1
799.
774(d)...............................  31:43b(n)(less words after
                                        last comma).
774(e)...............................  31:43b(d).
                                       31:43b(n)(words after last
                                        comma).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the words ``in an armed force'' are 
substituted for ``in the Army, Navy, Air Force, Marine Corps, or Coast 
Guard'' for consistency with title 10. The word ``only'' is omitted as 
surplus. The word ``Government'' is added for consistency. The word 
``computing'' is added for clarity. The word ``annuity'' is substituted 
for ``retirement or retired pay'' for consistency in the revised title 
and with other titles of the United States Code. The words ``under any 
other provision of law'' are omitted as surplus.
    Subsection (a)(3) is substituted for 31:43b(o)(1st sentence) for 
consistency in the revised title and with other titles of the Code.
    In subsection (b), before clause (1), the words ``A survivor annuity 
shall be paid under this subchapter when'' are added for clarity. The 
words ``or retired Comptroller General'' are omitted as executed. In 
clause (1), the words ``made an election under section 733 of this 
title'' are substituted for ``has elected to bring himself within the 
purview of this section'' for clarity. In clause (2), the word 
``annuity'' is substituted for ``retirement pay'' for consistency in the 
revised title and with other titles of the Code. In clause (4), the 
words ``salary'' and ``actually'' are omitted as surplus.
    In subsection (c)(1), the words ``only by a spouse'' are substituted 
for ``by a widow but not by a dependent child'' to eliminate unnecessary 
words.
    In subsection (c)(2), before subclause (A), the words ``or 
children'' and ``in an amount'' are omitted as surplus.
    In subsection (c)(3), before subclause (A), the words ``only by a 
dependent child'' are substituted for ``no surviving widow but leaves a 
surviving dependent child or children'' to eliminate unnecessary words. 
In subclause (A), the words ``the amount of'' are omitted as surplus. 
The words ``a surviving spouse'' are substituted for ``such widow . . . 
had she survived'' to eliminate unnecessary words.
    In subsection (d), before clause (1), the words ``of a Comptroller 
General or retired Comptroller General who has elected to bring himself 
within the purview of this section'' are omitted as surplus. In clauses 
(1) and (2), the word ``pay'' is substituted for ``salary'' for 
consistency in the revised title and with other titles of the Code. In 
clause (1), before subclause (A), the words ``by him for service . . . 
service in which his'' are omitted as surplus. In subclause (A)(i), 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. 
The words ``his years of service as'' and ``of the United States'' are 
omitted as surplus.
    In subsection (e), the words ``and shall be further reduced in 
accordance with subsection (d) of this section if applicable'' are 
omitted because of the restatement. The words ``or a retired Comptroller 
General'' are omitted as executed. The words ``during which a deposit 
was not made'' are substituted for ``rendered'' for clarity. The word 
``unpaid'' is added for clarity.


                               Amendments

    1988--Subsec. (b)(3), (4). Pub. L. 100-426, Sec. 205(1), substituted 
``18 months'' for ``5 years''.
    Subsec. (c)(2), (3). Pub. L. 100-426, Sec. 205(2), amended pars. (2) 
and (3) generally. Prior to amendment, pars. (2) and (3) read as 
follows:
    ``(2) by a spouse and a dependent child, the surviving spouse shall 
receive an immediate annuity under subsection (d) of this section and 
each dependent child shall receive an immediate annuity equal to the 
smaller of--
        ``(A) $1,548; or
        ``(B) $4,644 divided by the number of dependent children; or
    ``(3) only by a dependent child, each dependent child shall receive 
an immediate annuity equal to the smaller of--
        ``(A) the annuity a surviving spouse would be entitled to 
    receive under clause (2) of this subsection divided by the number of 
    dependent children;
        ``(B) $1,860; or
        ``(C) $5,580 divided by the number of dependent children.''
    Subsec. (d)(1). Pub. L. 100-426, Sec. 205(3), substituted ``1.5 
percent'' for ``1.25 percent'' in introductory provisions.
    Subsec. (e). Pub. L. 100-426, Sec. 205(4), substituted ``more than 
50 percent nor less than 25 percent'' for ``more than 40 percent''.


                    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 773, 775, 776, 777, 778 of 
this title.
