§5305 — Title 2 The Congress | U.S. Code

Summary

If a Member or Resident Commissioner dies after Congress has started, any unpaid salary and other sums owed to them must be paid to surviving people. Whoever gets paid this way cannot later be forced to pay it back to someone else. Payments go in this order: first, the beneficiary the member named in writing and filed with and received by the Chief Administrative Officer of the House before the member’s death; next the surviving spouse; then the children (or grandchildren if a child died); then the parents; and finally the estate’s legal representative or, if none, whoever is entitled under the law where the member lived.

Title 2, §5305

The Congress — Source: USLM XML via OLRC

When any individual who has been elected a Member of, or Resident Commissioner to, the House of Representatives dies after the commencement of the Congress to which he has been elected, any unpaid balance of salary and other sums due such individual shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to the recovery by any other person of amounts so paid: First, to the beneficiary or beneficiaries designated by such individual in writing to receive such unpaid balance and other sums due filed with the Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer prior to such individual’s death; Second, if there be no such beneficiary, to the widow or widower of such individual; Third, if there be no beneficiary or surviving spouse, to the child or children of such individual, and descendants of deceased children, by representation; Fourth, if none of the above, to the parents of such individual, or the survivor of them; Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased individual, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased individual.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 38a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996—Pub. L. 104–186 struck out “(including amounts held in the trust fund account in the office of the Sergeant at Arms)” after “due such individual” in first undesignated par. and substituted “Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer” for “Sergeant at Arms, and received by the Sergeant at Arms” in second undesignated par. 1959—Pub. L. 86–102 inserted provisions including amounts held in trust fund account, authorizing an individual to designate a beneficiary or beneficiaries, and prescribing order of precedence in cases where no designation of beneficiary has been made.

§5305 Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner

Summary

Title 2, §5305

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata