§ 38a. — Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC38a]
TITLE 2--THE CONGRESS
CHAPTER 3--COMPENSATION AND ALLOWANCES OF MEMBERS
Sec. 38a. Disposition of unpaid salary and other sums on death
of Representative or Resident Commissioner
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.
(July 2, 1954, ch. 455, title I, Sec. 105, 68 Stat. 409; Pub. L. 86-102,
July 23, 1959, 73 Stat. 224; Pub. L. 104-186, title II, Sec. 203(5),
Aug. 20, 1996, 110 Stat. 1725.)
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.
