
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: 31USC775]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 7--GENERAL ACCOUNTING OFFICE
 
                         SUBCHAPTER V--ANNUITIES
 
Sec. 775. Refunds

    (a) A Comptroller General separated from office before becoming 
entitled to receive an annuity under section 772 of this title is 
entitled to a lump-sum refund of the amount deducted from pay or 
deposited as a contribution under section 772, plus 3 percent interest 
on the amount compounded every December 31.
    (b) A Comptroller General making an election under section 773 of 
this title who is separated from office before becoming entitled to an 
annuity under section 772 of this title is entitled to a lump-sum refund 
of the amount deducted under section 773 of this title, plus 4 percent 
interest before January 1, 1948, and 3 percent interest after December 
31, 1947, compounded every December 31 until the separation date.
    (c) A lump-sum refund of the amounts deducted under sections 772 and 
773 of this title, plus interest of 4 percent before January 1, 1948, 
and 3 percent after December 31, 1947, compounded every December 31 
until the date of death, shall be paid under subsection (d) of this 
section if--
        (1) a Comptroller General dies in office before completing 5 
    years of civilian service under section 774 of this title or after 
    completing 5 years of civilian service but without a survivor 
    entitled to an annuity under section 774(b) and (c) of this title; 
    or
        (2) if a retired Comptroller General dies without a survivor 
    entitled to an annuity under section 774(b) and (c) of this title.

    (d) If a Comptroller General or retired Comptroller General dies 
before a refund is made under this section, the refund shall be paid in 
the following order of precedence:
        (1) to a beneficiary the Comptroller General or retired 
    Comptroller General designated in writing if the designation was 
    received by the General Accounting Office before the death of the 
    Comptroller General or retired Comptroller General.
        (2) to a surviving spouse.
        (3) to the children and to a descendant of a deceased child by 
    representation.
        (4) to the parents equally or, if only one surviving parent, to 
    that survivor.
        (5) to the executor or administrator of the estate of the 
    Comptroller General or retired Comptroller General.
        (6) to the next of kin that the General Counsel of the General 
    Accounting Office decides is entitled to the refund under the laws 
    of the domicile of the Comptroller General or retired Comptroller 
    General at the time of death.

    (e) The General Counsel is not subject to section 771(1) and (2) of 
this title when making a decision about a surviving spouse or child 
under subsection (c) or (d) of this section.
    (f) If the annuities of all individuals entitled to survivor 
annuities under this subchapter end before the amount of annuities paid 
equals the amount deducted under sections 772 and 773 of this title, 
plus interest of 4 percent before January 1, 1948, and 3 percent after 
December 31, 1947, compounded every December 31 until the date of death, 
the remainder shall be paid under subsection (d) of this section.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 905.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
775(a)...............................  31:43(last par. 1st sentence).  June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        303(las
t par.); added Oct. 25, 1978,
                                                                        Pub. L.
 95-512, Sec.  4(c), 92 Stat.
                                                                        1801.
775(b)...............................  31:43b(i).                      June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        319(i),
 (j)(less last 13 words before
                                                                        colon),
 (k); added July 13, 1959, Pub.
                                                                        L. 86-8
7, 73 Stat. 198.
775(c)-(e)...........................  31:43(last par. last
                                        sentence).
                                       31:43b(j)(less last 13 words
                                        before colon).
775(f)...............................  31:43b(k).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b), the word ``total'' is omitted as 
surplus.
    In subsection (a), the word ``pay'' is substituted for ``salary'' 
for consistency in the revised title and with other titles of the United 
States Code. The words ``by him'' and ``to his annuity'' are omitted as 
surplus.
    In subsection (b), the words ``who has elected to bring himself 
within the purview of'' are omitted as surplus. The word ``annuity'' is 
substituted for ``retirement pay'' for consistency in the revised title 
and with other titles of the Code.
    In subsection (c), before clause (1), the words ``A lump-sum refund 
of the amounts deducted under sections 772 and 773 of this title'' are 
substituted for ``total amount deducted from his salary and retirement 
pay'' for clarity. The words ``under subsection (d) of this section'' 
are added because of the restatement. The words ``to the person or 
persons surviving at the date title to payment arises'' are omitted as 
surplus.
    In subsection (d), the words before clause (1) are included for 
clarity. In clauses (2)-(4) and (6), the words ``of such Comptroller 
General or retired Comptroller General'' are omitted as surplus. In 
clause (5), the words ``duly appointed'' are omitted as surplus.
    In subsection (e), the words ``of a Comptroller General or retired 
Comptroller General'' are omitted as surplus. The words ``is not subject 
to'' are substituted for ``shall be made . . . without regard to the 
definitions of these terms in'' to eliminate unnecessary words.
    In subsection (f), the word ``individuals'' is substituted for 
``persons'' for consistency. The word ``aggregate'' is omitted as 
surplus. The words ``under sections 772 and 773 of this title'' are 
substituted for ``total . . . from the salary and retirement pay of a 
Comptroller General or retired Comptroller General'' for clarity and 
consistency. The word ``under'' is substituted for ``in the order of 
precedence prescribed in'' to eliminate unnecessary words.

                  Section Referred to in Other Sections

    This section is referred to in sections 735, 776, 778 of this title.
