PRIA, Government Policy, Made Personal

Summary

Survivor annuities under section 774 are earned each month and are paid on the first business day of the month after they are earned. A surviving spouse stops getting the annuity if they remarry before age 55 or if they die. A dependent child stops getting it at age 18 (unless still a student as described in section 771(1)(C)), or if the child marries or dies. A child who is disabled stops only when they recover, marry, or die. If a spouse dies and a child remains, the child’s annuity is recalculated under section 774(c)(3). When one child’s annuity ends, other children’s annuities are recalculated as if the first child had not survived a Comptroller General or retired Comptroller General. If an annuity has accrued but was not paid when a survivor’s annuity ends for any reason except death, the unpaid amount must go to the survivor. If the survivor dies, the unpaid amount is paid to the estate’s executor or administrator. If there is no executor or administrator, then after 30 days the General Counsel of the Government Accountability Office may decide who is legally entitled to the payment. That payment is final and bars anyone else from recovering the same money. These benefits cannot be assigned to someone else or taken by legal process.

Title 31, §776

Money and Finance, Source: USLM XML via OLRC

(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 Government Accountability 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 section 773–775 of this title is not assignable or subject to legal process.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 776(a)31:43b(m)(1st sentence).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. 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.

Editorial Notes

Amendments

2004—Subsec. (c)(2)(B). Pub. L. 108–271 substituted “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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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.

§776 Payment of Survivor Benefits