US Code

Public Law 119-83 (04/13/2026)

31 U.S.C. § 776

Payment of survivor benefits

(a)
section 774 of this title An annuity under 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)
section 771(1)(C) of this title A dependent child’s annuity ends when the child becomes 18 years of age (unless the child is then a student as described in ), 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)
section 774(c)(3) of this title If a surviving spouse dies and a dependent child survives, the child’s annuity is recomputed under .
(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)
section 775(d) of this title A payment under subsection (c)(2)(B) of this section or 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. 97–25896 Stat. 906 Pub. L. 100–426, title II, § 206102 Stat. 1601 Pub. L. 108–271, § 8(b)118 Stat. 814 (, , ; , , ; , , .)

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, § 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

Pub. L. 108–2712004—Subsec. (c)(2)(B). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 100–426, § 206(1)1988—Subsec. (b)(1). , inserted “before age 55” after “remarries”.

Pub. L. 100–426, § 206(2)section 771(1)(C) of this titleSubsec. (b)(2). , inserted “(unless the child is then a student as described in )” after “age”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–426section 208 of Pub. L. 100–426section 772 of this titleAmendment by effective after end of 60-day period beginning , with certain exceptions, see , set out as a note under .