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

When an elected Member of, or Resident Commissioner to, the House of Representatives dies after the Congress to which the person was elected has begun, the unpaid salary and other money owed to that person must be paid to the people surviving on the date of death. Payment follows the priority order below. Once payment is made under this order, another person cannot recover the amounts that were paid.

First, payment goes to the beneficiary or beneficiaries the person designated in writing to receive the unpaid salary and other money. The designation must have been filed with, and received by, the Chief Administrative Officer of the House before the person died.

Second, if there is no such beneficiary, payment goes to the person’s widow or widower.

Third, if there is no beneficiary or surviving spouse, payment goes to the person’s child or children and the descendants of deceased children, by representation.

Fourth, if none of those people exists, payment goes to the person’s parents or the surviving parent.

Fifth, if none of the people above exists, payment goes to the properly appointed legal representative of the deceased person’s estate. If there is no such representative, payment goes to the person or people entitled under the law of the deceased person’s domicile.

This section does not define “by representation,” “legal representative,” or “domicile.”