Title 2 — The Congress
Chapter 53 — House of Representatives Members
§ 5305. Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 83–455 · 68 Stat. 336
Enacted · 2 U.S.C. § 5305
July 2, 1954, ch. 455, title I, § 105, 68 Stat. 409
Source evidence
Code source credit
July 2, 1954, ch. 455, title I, § 105, 68 Stat. 409Pub. L. 86–102 · 73 Stat. 224
Inserted · 2 U.S.C. § 5305
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
Source evidence
Code amendment note
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.House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 title II § 203(5) · 110 Stat. 1718
Struck · 2 U.S.C. § 5305
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.
Substituted · 2 U.S.C. § 5305
Pub. L. 104–186 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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(5) Section 105 of the Legislative Branch Appropriation Act, 1955 (2 U.S.C. 38a) is amended— (A) in the first undesignated paragraph, by striking out “(including amounts held in the trust fund account in the office of the Sergeant at Arms)”; and (B) in the second undesignated paragraph, by striking out “Sergeant at Arms, and received by the Sergeant at Arms” and inserting in lieu thereof “Chief Administrative Officer of the House of Representatives and received by the Chief Administrative Officer”.
2 of 4 references resolved to an enrolled provision · 2 partial
Editorial Notes
Codification
Section was formerly classified to section 38a of this title prior to editorial reclassification and renumbering as this section.
Amendments1959–1996 · 2 rounds
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.
Credits
1954–1996 · 3 acts
- 1954July 2, 1954, ch. 455, title I, § 105, 68 Stat. 409
- 1959Pub. L. 86–102, , 73 Stat. 224
- 1996Pub. L. 104–186, title II, § 203(5), , 110 Stat. 1725.
Show as published
(July 2, 1954, ch. 455, title I, § 105, 68 Stat. 409; Pub. L. 86–102, , 73 Stat. 224; Pub. L. 104–186, title II, § 203(5), , 110 Stat. 1725.)