(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.
(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 Government Accountability Office decides is legally entitled to the payment.
(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.
June 10, 1921, ch. 18, 42 Stat. 20, § 319(f), (j)(last 13 words before colon), (l), (m); added July 13, 1959, Pub. L. 86–87, 73 Stat. 198, 199.
31:43b(l)(words before last comma).
31:43b(j)(last 13 words before colon).
31:43b(l)(words after last comma).
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.
2004—Subsec. (c)(2)(B). Pub. L. 108–271substituted “Government Accountability Office” for “General Accounting Office”.
1988—Subsec. (b)(1). Pub. L. 100–426, § 206(1), inserted “before age 55” after “remarries”.
Subsec. (b)(2). Pub. L. 100–426, § 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. 100–426effective after end of 60-day period beginning Sept. 9, 1988, with certain exceptions, see section 208 ofPub. L. 100–426, set out as a note under section
772 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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