republic-os/legal/us/code/title-02/chapter-53/section-5305.md

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LegalText	2 U.S.C. § 5305	Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner	us	united_states_code	code_section	2	THE CONGRESS	53	HOUSE OF REPRESENTATIVES MEMBERS	5305	2 U.S.C. § 5305	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip	/us/usc/t2/s5305	data/legal/raw/us/code/title-02/usc02.xml	8efd45d4252ab91cfedb51dbc93fb4a2a92af026ba10ca194cdfae6bab396f63	ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e	e2a05efe834f036186eab1cfcb5d657f0d523cec3a91da52541f8d7581b8cafa	2026-07-04	official	legal us-code

2 U.S.C. § 5305 - Disposition of unpaid salary and other sums on death of Representative or Resident Commissioner

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.

(July 2, 1954, ch. 455, title I, § 105, 68 Stat. 409; Pub. L. 86–102, July 23, 1959, 73 Stat. 224; Pub. L. 104–186, title II, § 203(5), Aug. 20, 1996, 110 Stat. 1725.)

Notes

Editorial Notes

Codification Section was formerly classified to section 38a of this title prior to editorial reclassification and renumbering as this section.

Amendments1996—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.