
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: 31USC776]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 7--GENERAL ACCOUNTING OFFICE
 
                         SUBCHAPTER V--ANNUITIES
 
Sec. 776. Payment of survivor benefits

    (a) An annuity under section 774 of this title accrues monthly and 
is paid monthly on the first business day of the month after the month 
in which an annuity accrues.
    (b)(1) A surviving spouse's annuity ends when the spouse remarries 
before age 55 or dies.
    (2) A dependent child's annuity ends when the child becomes 18 years 
of age (unless the child is then a student as described in section 
771(1)(C) of this title), marries, or dies, whichever is earliest. 
However, if a child is not self-supporting because of a physical or 
mental disability, an annuity ends when the child recovers, marries, or 
dies.
    (3) If a surviving spouse dies and a dependent child survives, the 
child's annuity is recomputed under section 774(c)(3) of this title.
    (4) When a dependent child's annuity ends, the annuity of another 
dependent child is recomputed as if the child whose annuity has ended 
did not survive a Comptroller General or retired Comptroller General.
    (c) An accrued annuity unpaid when the annuity of a survivor ends--
        (1) for a reason except death, shall be paid to the survivor; 
    and
        (2) when a survivor dies, shall be paid in the following order 
    of precedence:
            (A) to the executor or administrator of the estate of the 
        individual.
            (B) if there is no executor or administrator, then after 30 
        days after the date of death, to an individual the General 
        Counsel of the General Accounting Office decides is legally 
        entitled to the payment.

    (d)(1) A payment under subsection (c)(2)(B) of this section or 
section 775(d) of this title is a bar to recovery by another individual.
    (2) A benefit under this section and sections 773-775 of this title 
is not assignable or subject to legal process.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 906; Pub. L. 100-426, title 
II, Sec. 206, Sept. 9, 1988, 102 Stat. 1601.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
776(a)...............................  31:43b(m)(1st sentence).        June 10,
 1921, ch. 18, 42 Stat. 20, Sec.
                                                                        319(f),
 (j)(last 13 words before colon),
                                                                        (l), (m
); added July 13, 1959, Pub. L.
                                                                        86-87, 
73 Stat. 198, 199.
776(b)...............................  31:43b(f).
776(c)...............................  31:43b(l)(words before last
                                        comma).
776(d)(1)............................  31:43b(j)(last 13 words before
                                        colon).
                                       31:43b(l)(words after last
                                        comma).
776(d)(2)............................  31:43b(m)(last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``due and'' and ``or other period'' are 
omitted as surplus.
    In subsection (b)(2), the word ``dependent'' is added for clarity.
    In subsections (b)(3) and (c), the words ``of a Comptroller General 
or retired Comptroller General'' are omitted as surplus.
    In subsection (b)(3) and (4), the words ``and paid'' are omitted as 
surplus.
    In subsection (c)(2)(A), the words ``duly appointed'' are omitted as 
surplus. The word ``individual'' is substituted for ``person'' for 
consistency.
    In subsection (c)(2)(B), the words ``payment may be made'' and ``the 
expiration of . . . from'' are omitted as surplus. The words ``to the 
payment'' are substituted for ``thereto'' for clarity.
    In subsection (d)(2), the words ``A benefit'' are substituted for 
``None of the moneys mentioned'' to eliminate unnecessary words. The 
words ``either in law or equity'' and ``execution, levy, attachment, 
garnishment, or other'' are omitted as surplus.


                               Amendments

    1988--Subsec. (b)(1). Pub. L. 100-426, Sec. 206(1), inserted 
``before age 55'' after ``remarries''.
    Subsec. (b)(2). Pub. L. 100-426, Sec. 206(2), inserted ``(unless the 
child is then a student as described in section 771(1)(C) of this 
title)'' after ``age''.


                    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 section 778 of this title.
