in section 303, he shall be paid the total amount deducted from his salary, with interest thereon at the rate of 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year to date of separation. years Beneficiaries, order of prece (j) In any case in which (1) any Comptroller General (A) dies in office before completion of five years of civilian service as prescribed in dence. subsections (n) and (o) of this section, or (B) after completing five of such service dies in office without any survivors entitled to an nuity as provided in subsection (e) of this section, or (2) in any case in which any retired Comptroller General dies without any survivors entitled to an annuity as provided in subsection (e) of this section, the total amount deducted from his salary and retirement pay with interest thereon at the rate of 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31st of each year to date of death, shall be paid to the person or persons surviving at the date title to payment arises, in the following order of precedence, and such payment shall be a bar to recovery by any other person: "First, to the beneficiary or beneficiaries designated by a writing of a Comptroller General or retired Comptroller General received by the General Accounting Office prior to his death; "Second, if there be no such beneficiary, to the widow of such Comptroller General or retired Comptroller General; "Third, if none of the above, to the child or children of such Comptroller General or retired Comptroller General and the descendants of any deceased children by representation; "Fourth, if none of the above, to the parents of such Comptroller General or retired Comptroller General; "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of a Comptroller General or retired Comptroller General; "Sixth, if none of the above, to such other next of kin of such Comptroller General or retired Comptroller General as may be determined by the General Counsel of the General Accounting Office to be entitled under the laws of the domicile of such Comptroller General or retired Comptroller General at time of his death. "Determinations as to the widow or child of a Comptroller General or retired Comptroller General for the purposes of this subsection shall be made by the General Counsel of the General Accounting Office without regard to the definition of these terms in subsection (g) of this section. (k) In any case in which the annuities of all persons entitled to survivor annuities terminate before the aggregate amount of annuity or annuities paid equals the total amount deducted from the salary and retirement pay of a Comptroller General or retired Comptroller General, with interest thereon at 4 per centum per annum to December 31, 1947, and 3 per centum thereafter, compounded on December 31st of each year, to the date of his death, the difference shall be paid in the order of precedence prescribed in subsection (j) of this section. (1) Any accrued annuity remaining unpaid upon the termination (other than by death) of the annuity of any survivor of a Comptroller General or retired Comptroller General shall be paid to such survivor. Any accrued annuity remaining unpaid upon the death of any such survivor shall be paid in the following order of precedence: First, to the duly appointed executor or administrator of the estate of such person; Accrued annuity, disposition. Monthly installments. Computation of annuities. Definitions. Service credit. Simultaneity of annuities. "Second, if there is no executor or administrator payment may be made after the expiration of thirty days from the date of death of such survivor, to such individual or individuals as may appear in the judgment of the General Counsel of the General Accounting Ofâce to be legally entitled thereto, and such payment shall be a bar to recovery by any other individual. "(m) Annuities granted under the terms of this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month follow..g the month or other period for which the annuity shall have accrued. None of the moneys mentioned in this section shall be assignable, either in law or equity, or subject to execution, levy, attachment, garnishment, or other legal process. "(n) The annuity of a widow of a Comptroller General or retired Comptroller General who has elected to bring himself within the purview of this section shall be an amount equal to the sum of (1) 14 per centum of the average annual salary received by him for service as Comptroller General and any other prior allowable service during the last five years of such service multiplied by the sum of his years of service as Comptroller General, his years of service as a Senator, Representative, Delegate, or Resident Commissioner in the Congress of the United States, his years of prior allowable military service and his years, not exceeding fifteen, of prior allowable service as a congressional employee and (2) three-quarters of 1 per centum of such average annual salary multiplied by his years of any other allowable service, but such annuity shall not exceed 371⁄2 per centum of such average annual salary and shall be further reduced in accordance with subsection (d) of this section if applicable. "o) As used in subsection (n) the term 'service as a congressional employee' means service as defined in section 1 (c) of the Civil Service Retirement Act, approved July 31, 1956, 70 Stat. 743 (5 U.S.C. 2251). The term 'allowable military service' means horable active service not exceeding five years in the aggregate in the Army, Navy, Air Force, Marine Corps, or Coast Guard, including service in the National Guard only when ordered to active duty in the service of the United States, when such military service is not creditable for purposes of retirement or retired pay under any other provision of law. The term 'other prior allowable service' means civilian service as an officer or employee of the United States or the District of Columbia, not otherwise covered by category (1) of subsection (n). "(p) The total service of a Comptroller General or retired Comptroller General shall be the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. "(q) Nothing contained in this section shall be construed to prevent a widow or dependent child eligible therefor from simultaneously receiving an annuity under this section and any annuity (including old age and survivor benefits) to which she would otherwise be entitled under any other law without regard to this section, but, in computing such other annuity service used in the computation of an annuity under this section shall not be credited. "(r) The annuities and refund of deposits authorized in this section shall be paid from appropriations of the General Accounting Office." Approved July 13, 1959, H. To Permit the Use of Statistical Sampling Procedures in the Examination of Vouchers (78 Stat. 700) This act was the result of the enactment of H.R. 10446, 88th Congress. It was approved on August 30, 1964, as Public Law 521, 88th Congress. The text of the act appears in Volume 78, Statutes at Large, pages 647-650. It adds 31 U.S.C. 82b-1. LEGISLATIVE HISTORY OF PUBLIC LAW 521, 88TH CONGRESS 1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC. H.R. 10446: To permit the use of statistical sampling procedures in the examination of vouchers. Mr. Rosenthal; Committee on Government Operations, 5315. Reported with amendment (H. Rept. 1643), 17862. Rules suspended, amended and passed House, 17828. Referred to Senate Committee on Government Operations, 18024. Reported (S. Rept. 1425), 19379. Passed Senate, 19626. Examined and signed, 19961, 20053. Presented to the President, 20371. Approved [Public Law 88-521], 21408. 2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 521, 88TH CONGRESS House Report 1643, 88th Congress, 12619-3. Senate Report 1425, 88th Congress, 12616-4. 3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 521, House Committee on Government.Operations, 88th Congress: To permit the use of statistical sampling procedures in the examination of vouchers. May 27, 1964, on H.R. 10446. TEXT OF PUBLIC LAW 88-521 Public Law 88-521 An Act 78 STAT. 700. To permit the use of statistical sampling procedures in the examination of vouchers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (a) That, when- Vouchers. ever the head of any department or agency of the Government or Statistical the Commissioners of the District of Columbia determines that sampling proeconomies will result therefrom, such agency head or the Commis- cedures. sioners may prescribe the use of adequate and effective statistical sampling procedures in the examination of disbursement vouchers for amounts of less than $100; and no certifying or disbursing officer acting in good faith and in conformity with such procedures shall be held liable with respect to any certification or payment made by him on a voucher which was not subject to specific examination because of the prescribed statistical sampling procedure, provided that such officer and his department or agency have diligently pursued collection action to recover the illegal, improper, or incorrect payment in accordance with procedures prescribed by the Comptroller General. (b) Nothing contained in this Act shall affect the liability, or authorize the relief, of any payee, beneficiary, or recipient of any illegal, improper, or incorrect payment, or relieve any certifying or disbursing officer, the head of any department or agency of the Government, the Commissioners of the District of Columbia, or the Comptroller General of responsibility to pursue collection action against any such payee, beneficiary, or recipient. Approved August 30, 1964. LEGISLATIVE HISTORY: HOUSE REPORT No. 1643 (Comm. on Government Operations), Aug. 3: Considered and passed House. I. Retirement of Comptroller General (80 Stat. 329) This act was the result of the enactment of S. 3150, 89th Congress. It was approved on July 26, 1966, as Public Law 520, 89th Congress. The text of the act appears in volume 80, Statutes at Large, page 329. Its provisions are codified as 31 U.S.C. 43, 43b. LEGISLATIVE HISTORY OF PUBLIC LAW 520, 89TH CONGRESS 1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC. (Page citations are to vol. 112, Congressional Record) S. 3150: Messrs. McClellan and Jackson (by request); March 29, 1966, Government Operations, 6875. Reported in Senate June 15, 1966 (S. Rept. 1283), 13145. Passed Senate June 16, 1966, 13574. Referred to House Committee on Government Operations June 20, 1966, 13701. Reported in House June 22, 1966 (H. Rept. 1645), 13974. Passed House July 18, 1966, 15893. Cleared for President July 18, 1966, 16108, 16253, 16113. Approved July 26, 1966 (Public Law 520), 17388. 2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 520, 89TH CONGRESS Senate Report 1283, 89th Congress, 12710-2. 3. CONGRESSIONAL HEARINGS RELATING TO S. 3150, PUBLIC LAW 520, 89TH (No printed hearings found.) CONGRESS |