Page:United States Statutes at Large Volume 96 Part 1.djvu/944

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 902

PUBLIC LAW 97-258—SEPT. 13, 1982 (2) on the operating procedure of the Board. § 754. Action by the Comptroller General When the Comptroller General has authority, the Comptroller General promptly shall carry out action the General Accounting Office Personnel Appeals Board orders under section 753 of this title.

§ 755. Judicial review A person may apply for review of a final decision under section 753(a)(l)-(3), (6), or (7) of this title by filing a petition for review with the United States Court of Appeals for the District of Columbia Circuit or with the court of appeals of the United States for the 28 USC 2341 et circuit in which the person resides. Chapter 158 of title 28 applies to 5^9 a review under this subchapter, except the petition for review shall be filed by the 30th day after the petitioner receives notice of the decision. The court shall set aside a final decision the court decides is— (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; (2) not made consistent with required procedures; or (3) unsupported by substantial evidence. SUBCHAPTER V—ANNUITIES §771. Definitions In this subchapter— (1) "dependent child" means an unmarried dependent child (including a stepchild or adopted child) who is— (A) under 18 years of age; or (B) incapable of self-support because of physical or mental disability. (2) "surviving spouse" means a surviving spouse of an individual who was a Comptroller General or retired Comptroller General and the spouse— (A) was married to the individual for at least 2 years immediately before the individual died; or (B) has not remarried and is the parent of issue by the marriage. (3) service as a Comptroller General equals the number of years and complete months an individual is Comptroller General. § 772. Annuity of the Comptroller General (a) Except as provided in subsection (c) of this section, a Comptroller General serving a complete term as Comptroller General or who is retired for age under section 703(e)(1) of this title after serving at least 10 years is entitled to receive an annuity for life equal to the pay the Comptroller General is receiving on completion of the term or at the time of retirement. An annuity of a Comptroller General who completes a term before becoming 65 years of age is reduced by .25 percent for each complete month the Comptroller General is under 65 years of age. (b) Except as provided in subsection (c) of this section, a Comptroller General becoming permanently disabled shall be retired and is entitled to receive an annuity for life equal to—