Subpart G—Insurance and Annuities
CHAPTER 81 —COMPENSATION FOR WORK INJURIES
SUBCHAPTER I—GENERALLY
SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
SUBCHAPTER III—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
Editorial Notes
Amendments
2022—
2008—
1995—
1994—
1979—
1974—
1968—
1967—
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—GENERALLY
§8101. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia;
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(F) an individual selected pursuant to
(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 1 of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under
(2) "physician" includes surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as defined by State law. The term "physician" includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary;
(3) "medical, surgical, and hospital services and supplies" includes services and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners and hospitals within the scope of their practice as defined by State law. Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary;
(4) "monthly pay" means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the United States, whichever is greater, except when otherwise determined under
(5) "injury" includes, in addition to injury by accident, a disease proximately caused by the employment, and damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damages or destruction is incident to a personal injury requiring medical services;
(6) "widow" means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion;
(7) "parent" includes stepparents and parents by adoption;
(8) "brother" and "sister" mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters;
(9) "child" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children;
(10) "grandchild" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support;
(11) "widower" means the husband living with or dependent for support on the decedent at the time of her death, or living apart for reasonable cause or because of her desertion;
(12) "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for from the Employees' Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death;
(13) "war-risk hazard" means a hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring in the country in which an individual to whom this subchapter applies is serving; from—
(A) the discharge of a missile, including liquids and gas, or the use of a weapon, explosive, or other noxious thing by a hostile force or individual or in combating an attack or an imagined attack by a hostile force or individual;
(B) action of a hostile force or individual, including rebellion or insurrection against the United States or any of its allies;
(C) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or individual;
(D) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or
(E) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities;
(14) "hostile force or individual" means a nation, a subject of a foreign nation, or an individual serving a foreign nation—
(A) engaged in a war against the United States or any of its allies;
(B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies; or
(C) engaged in a war or armed conflict between military forces of any origin in a country in which an individual to whom this subchapter applies is serving;
(15) "allies" means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance;
(16) "war activities" includes activities directly relating to military operations;
(17) "student" means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is—
(A) a school or college or university operated or directly supported by the United States, or by a State or local government or political subdivision thereof;
(B) a school or college or university which has been accredited by a State or by a State-recognized or nationally recognized accrediting agency or body;
(C) a school or college or university not so accredited but whose credits are accepted, on transfer, by at least three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; or
(D) an additional type of educational or training institution as defined by the Secretary of Labor.
Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period;
(18) "price index" means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and
(19) "organ" means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back; and
(20) "United States medical officers and hospitals" includes medical officers and hospitals of the Army, Navy, Air Force, Department of Veterans Affairs, and United States Public Health Service, and any other medical officer or hospital designated as a United States medical officer or hospital by the Secretary of Labor.
(
Former section 790(a) is omitted as unnecessary in view of
Former section 790(c) is omitted as unnecessary as the term "commission" is not used in this subchapter.
Former section 790(i) is omitted as unnecessary as the title "Secretary of Labor" (substituted for "Federal Security Administrator" by 1950 Reorg. Plan No. 19, §1, eff. May 24, 1950,
In paragraph (1)(B), the words "to the United States" are substituted for "to any department, independent establishment, or agency thereof (including instrumentalities of the United States wholly owned by it)".
In paragraph (1)(C), the words "subsequent to September 7, 1916" are omitted as obsolete.
In paragraph (1)(iv), the words "under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8101(17) 8101(18) 8101(19) |
5 App.: 760(M). 5 App.: 793a(c)(1). 5 App.: 793a(c)(2). |
July 4, 1966, |
Paragraph (17) is reorganized and restated for clarity and to conform to the style of
In paragraph (19), the words "July 1966 and each later month" are substituted for "the month this section becomes effective and each month thereafter". The words "
Editorial Notes
References in Text
Act of August 25, 1958,
Section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (1)(G), is classified to
Amendments
2016—Par. (1)(D).
Par. (1)(F), (G).
1991—Par. (20).
1983—Par. (1)(F).
1980—Pars. (19) to (21).
1974—Par. (1)(D).
Par. (1)(F).
Par. (2).
Par. (3).
Par. (5).
Par. (11).
Pars. (20), (21).
1967—Par. (1)(iii).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see
Effective Date of 1980 Amendment
Effective Date of 1974 Amendment
Short Title of 1990 Amendment
Eligibility for Workers' Compensation Benefits for Federal Employees Diagnosed With COVID–19
"(a)
"(b)
"(1)
"(A)
"(i) who is an employee under
"(ii) who is diagnosed with COVID–19 during such period; and
"(iii) who, during a covered exposure period prior to such diagnosis, carries out duties that—
"(I) require contact with patients, members of the public, or co-workers; or
"(II) include a risk of exposure to the novel coronavirus.
"(B)
"(2)
"(3)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) may be paid from the Employees' Compensation Fund; and
"(B) shall not be subject to the fair share provision in
Processing of Claims Filed by District of Columbia Employees
Study and Report to Congress by Secretary of Labor of Provisions and Programs Under Subchapter
Executive Documents
Transfer of Functions
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855,
1 See Change of Name note below.
§8102. Compensation for disability or death of employee
(a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is—
(1) caused by willful misconduct of the employee;
(2) caused by the employee's intention to bring about the injury or death of himself or of another; or
(3) proximately caused by the intoxication of the injured employee.
(b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual—
(1) whose residence is at or in the vicinity of the place of his employment and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or
(2) who is a prisoner of war or a protected individual under the Geneva Conventions of 1949 and is detained or utilized by the United States.
This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §1, Aug. 8, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (b), is classified to
Amendments
1979—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
§8102a. Death gratuity for injuries incurred in connection with employee's service with an Armed Force
(a)
(b)
(c)
(d)
(1) Subject to paragraph (5), a death gratuity payable upon the death of a person covered by subsection (a) shall be paid to or for the living survivor highest on the following list:
(A) The employee's surviving spouse.
(B) The employee's children, as prescribed by paragraph (2), in equal shares.
(C) If designated by the employee, any one or more of the following persons:
(i) The employee's parents or persons in loco parentis, as prescribed by paragraph (3).
(ii) The employee's brothers.
(iii) The employee's sisters.
(D) The employee's parents or persons in loco parentis, as prescribed by paragraph (3), in equal shares.
(E) The employee's brothers and sisters in equal shares.
Subparagraphs (C) and (E) of this paragraph include brothers and sisters of the half blood and those through adoption.
(2) Paragraph (1)(B) applies, without regard to age or marital status, to—
(A) legitimate children;
(B) adopted children;
(C) stepchildren who were a part of the decedent's household at the time of death;
(D) illegitimate children of a female decedent; and
(E) illegitimate children of a male decedent—
(i) who have been acknowledged in writing signed by the decedent;
(ii) who have been judicially determined, before the decedent's death, to be his children;
(iii) who have been otherwise proved, by evidence satisfactory to the employing agency, to be children of the decedent; or
(iv) to whose support the decedent had been judicially ordered to contribute.
(3) Subparagraphs (C) and (D) of paragraph (1), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before the decedent became an employee. However, only one father and one mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent became an employee.
(4) A person covered by this section may designate another person to receive an amount payable under this section. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with subparagraphs (A) through (E) of paragraph (1).
(5) If a person entitled to all or a portion of a death gratuity under paragraph (1) or (4) dies before the person receives the death gratuity, it shall be paid to the living survivor next in the order prescribed by paragraph (1).
(6) If a person covered by this section has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under this section, the head of the agency, or other entity, in which that person is employed shall provide notice of the designation to the spouse.
(e)
(2) The term "employee" has the meaning provided in
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (b), is the date of enactment of
Section 413 of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to
Section 1603 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, referred to in subsec. (c), is section 1603 of
The date of the enactment of this paragraph, referred to in subsec. (d)(4), is the date of enactment of
Amendments
2011—Subsec. (d)(4).
Subsec. (d)(6).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
§8103. Medical services and initial medical and other benefits
(a) The United States shall furnish to an employee who is injured while in the performance of duty, the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished—
(1) whether or not disability has arisen;
(2) notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of
(3) by or on the order of United States medical officers and hospitals, or, at the employee's option, by or on the order of physicians and hospitals designated or approved by the Secretary.
The employee may initially select a physician to provide medical services, appliances, and supplies, in accordance with such regulations and instructions as the Secretary considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees' Compensation Fund.
(b) The Secretary, under such limitations or conditions as he considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Secretary may certify vouchers for these expenses out of the Employees' Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury which was accepted by the employing agency as probably compensable under this subchapter. The Secretary shall prescribe the form and content of the certificate.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §9, |
||
| June 26, 1926, ch. 695, §1, |
||
| Oct. 14, 1949, ch. 691, §202(b), |
||
| Sept. 13, 1960, |
In subsection (b), the words "when the immediate superior of the employee certifies" are substituted for "upon certification by the person required by
The last sentence of former section 759(a) is omitted as executed.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8103(a)(2) | 5 App.: 759(a). | July 4, 1966, |
The words "another retirement system for employees of the Government" are substituted for "any other Federal Act or program providing retirement benefits for employees".
Editorial Notes
Amendments
1974—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
"(1) an employee or individual not within the definition of 'employee' in
"(2) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521—535 of title 4, District of Columbia Code; or
"(3) a member of a uniformed service."
§8104. Vocational rehabilitation
(a) The Secretary of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Secretary of Health, Education, and Welfare in carrying out the purposes of
(b) Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive compensation at the rate provided in
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §202(a), |
In the third sentence, the words "the Secretary of Health, Education, and Welfare" are substituted for "him", referring to the Administrator, on authority of section 1 (proviso) of 1950 Reorg. Plan No. 19,
The words "State agencies or corresponding agencies" are substituted for "State agencies (or corresponding agencies in Territories or possessions)" as the agencies available for cooperation are set out in the Vocational Rehabilitation Act (
The words "
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Amendments
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Transfer of Functions
For transfer of functions and offices (relating to Rehabilitation Act of 1973) of Secretary and Department of Health, Education, and Welfare to Secretary and Department of Education, see
§8105. Total disability
(a) If the disability is total, the United States shall pay the employee during the disability monthly monetary compensation equal to 662/3 percent of his monthly pay, which is known as his basic compensation for total disability.
(b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §3, |
||
| Oct. 14, 1949, ch. 691, §102, |
In subsection (a), the words "Except as otherwise provided in
In subsection (b), the words "Loss, or" are omitted as included in "loss of use of". The words "or the loss of sight of both eyes" are substituted for "or both eyes or the sight thereof".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8106. Partial disability
(a) If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 662/3 percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.
(b) The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—
(1) fails to make an affidavit or report when required; or
(2) knowingly omits or understates any part of his earnings;
forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under
(c) A partially disabled employee who—
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;
is not entitled to compensation.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §4, |
||
| Oct. 14, 1949, ch. 691, §103(a), |
In subsection (a), the words "Except as otherwise provided in
In subsection (b), the word "remuneration" is omitted as covered by the word "earnings".
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8107. Compensation schedule
(a) If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 662/3 percent of his monthly pay. The basic compensation is—
(1) payable regardless of whether the cause of the disability originates in a part of the body other than that member;
(2) payable regardless of whether the disability also involves another impairment of the body; and
(3) in addition to compensation for temporary total or temporary partial disability.
(b) With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by—
(1)
(2)
(c) The compensation schedule is as follows:
(1) Arm lost, 312 weeks' compensation.
(2) Leg lost, 288 weeks' compensation.
(3) Hand lost, 244 weeks' compensation.
(4) Foot lost, 205 weeks' compensation.
(5) Eye lost, 160 weeks' compensation.
(6) Thumb lost, 75 weeks' compensation.
(7) First finger lost, 46 weeks' compensation.
(8) Great toe lost, 38 weeks' compensation.
(9) Second finger lost, 30 weeks' compensation.
(10) Third finger lost, 25 weeks' compensation.
(11) Toe other than great toe lost, 16 weeks' compensation.
(12) Fourth finger lost, 15 weeks' compensation.
(13) Loss of hearing—
(A) complete loss of hearing of one ear, 52 weeks' compensation; or
(B) complete loss of hearing of both ears, 200 weeks' compensation.
(14) Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye.
(15) Compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half of the compensation for loss of the entire digit.
(16) If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively.
(17) Compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby.
(18) Compensation for permanent total loss of use of a member is the same as for loss of the member.
(19) Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction.
(20) In case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears.
(21) For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compensation payable under this schedule.
(22) For permanent loss or loss of use of any other important external or internal organ of the body as determined by the Secretary, proper and equitable compensation not to exceed 312 weeks' compensation for each organ so determined shall be paid in addition to any other compensation payable under this schedule.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §5, |
||
| Oct. 14, 1949, ch. 691, §104 "Sec. 5(a), (b)", |
||
| Sept. 13, 1960, |
The words "loss, or" are omitted throughout this section as included in "loss of use of".
In subsection (a)(B), the words "under
In subsection (b)(1), the words "(including paragraphs (16) and (20) thereof)" are omitted as surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8107(a), (b). | 5 App.: 755(a), (b). | July 4, 1966, |
In subsection (a), the words "If there is" are substituted for "In any case of". The words "loss, or" are omitted as included in "loss of use of" and to conform to the remainder of the section. The words "the employee is entitled to basic compensation for the disability" are substituted for "basic compensation for such disability shall be payable to the disabled employee". The words "by the schedule in subsection (c) of this section" are substituted for "in the following schedule" to reflect the codification of the schedule in subsection (c). The words "The schedule referred to in the first sentence is as follows:" are omitted as unnecessary in view of the codification of that schedule in subsection (c).
In subsection (b), the words "an employee is entitled to compensation" are substituted for "compensation shall be paid" for consistency with subsection (a). In subsections (b) (1) and (2), the words "
Editorial Notes
Amendments
1974—Subsec. (a).
Subsec. (c)(22).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8108. Reduction of compensation for subsequent injury to same member
The period of compensation payable under the schedule in
(1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and
(2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability.
In such a case, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §104 "Sec. 5(c)", |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8108 | 5 App.: 755(c). | July 4, 1966, |
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8109. Beneficiaries of awards unpaid at death; order of precedence
(a) If an individual—
(1) has sustained disability compensable under
(2) has filed a valid claim in his lifetime; and
(3) dies from a cause other than the injury before the end of the period specified by the schedule;
the compensation specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid—
(A) under an award made before or after the death;
(B) for the period specified by the schedule;
(C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and
(D) in the following order of precedence:
(i) If there is no child, to the widow or widower.
(ii) If there are both a widow or widower and a child or children, one-half to the widow or widower and one-half to the child or children.
(iii) If there is no widow or widower, to the child or children.
(iv) If there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by
(v) If there is no survivor in the above classes and no burial allowance is payable under
(b) Payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent disability specified by
(c) A surviving beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), does not have a vested right to payment and must be alive to receive payment.
(d) A beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), ceases to be entitled to payment on the happening of an event which would terminate his right to compensation for death under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §104 "Sec. 5(d)", |
The references in former section 755(d) to definitions in former section 760(B), (H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8109(a)(1) | 5 App.: 755(d)(1). | July 4, 1966, |
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8110. Augmented compensation for dependents
(a) For the purpose of this section, "dependent" means—
(1) a wife, if—
(A) she is a member of the same household as the employee;
(B) she is receiving regular contributions from the employee for her support; or
(C) the employee has been ordered by a court to contribute to her support;
(2) a husband, if—
(A) he is a member of the same household as the employee; or
(B) he is receiving regular contributions from the employee for his support; or
(C) the employee has been ordered by a court to contribute to his support;
(3) an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is—
(A) under 18 years of age; or
(B) over 18 years of age and incapable of self-support because of physical or mental disability; and
(4) a parent, while wholly dependent on and supported by the employee.
Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by
(b) A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented—
(1) at the rate of 81/3 percent of his monthly pay if that compensation is payable under
(2) at the rate of 81/3 percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §6, |
||
| Feb. 12, 1927, ch. 110, §1, |
||
| May 13, 1936, ch. 382, |
||
| Oct. 14, 1949, ch. 691, §105 "Sec. 6(a)", |
The references in former section 756(a)(2) to definitions in former section 760(H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8110(a) | 5 App.: 756(a)(2) (C). | July 4, 1966, |
| 8110(b) | 5 App.: 756(a)(1). | July 4, 1966, |
In subsection (a), the words "Notwithstanding paragraph (3) of this subsection" are substituted for "Notwithstanding any other provision of this section" for clarity. The word "he" is substituted for "he or she" in two places on authority of
Editorial Notes
Amendments
1974—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(53)(B), (C) of
§8111. Additional compensation for services of attendants or vocational rehabilitation
(a) The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $1,500 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require constant attendance.
(b) The Secretary may pay an individual undergoing vocational rehabilitation under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §105 "Sec. 6(b)", |
||
| Sept. 13, 1960, |
In subsection (a), the words "In addition to the monthly compensation otherwise specified in
In subsection (b), the words "pursuant to the Secretary's direction" are omitted as unnecessary.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8111(a) | 5 App.: 756(b)(1). | July 4, 1966, |
Editorial Notes
Amendments
1990—Subsec. (a).
1974—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(54) of
§8112. Maximum and minimum monthly payments
(a) Except as provided by
(b) The provisions of subsection (a) shall not apply to any employee whose disability is a result of an assault which occurs during an assassination or attempted assassination of a Federal official described under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §105 "Sec. 6(c)", |
||
| Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8112 | 5 App.: 756(c). | July 4, 1966, |
The words "maximum rate of basic pay for GS–15" and "minimum rate of basic pay for GS–2" are substituted for "highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949" and "lowest rate of basic compensation provided for grade 2 by such General Schedule", respectively, for consistency of style within title 5 and to reflect the codification of the Classification Act of 1949 in title 5.
Editorial Notes
Amendments
1988—
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(55) of
§8113. Increase or decrease of basic compensation
(a) If an individual—
(1) was a minor or employed in a learner's capacity at the time of injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under
(b) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §105 "Sec. 6(d)", |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Editorial Notes
Amendments
1974—Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
§8114. Computation of pay
(a) For the purpose of this section—
(1) "overtime pay" means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and
(2) "year" means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Secretary of Labor.
(b) In computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section.
(c) The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, in the discretion of the Secretary of Labor, may be computed on the basis of the actual daily wage of the employee at the time of injury in which event he may be paid compensation for the days he would have worked but for the injury.
(d) Average annual earnings are determined as follows:
(1) If the employee worked in the employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay—
(A) was fixed, the average annual earnings are the annual rate of pay; or
(B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 5½-day week, and 260 if employed on the basis of a 5-day week.
(2) If the employee did not work in employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment by the United States in the same or neighboring place, as determined under paragraph (1) of this subsection.
(3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he was working at the time of the injury having regard to the previous earnings of the employee in Federal employment, and of other employees of the United States in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee, or other relevant factors. However, the average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment during the days employed within 1 year immediately preceding his injury.
(4) If the employee served without pay or at nominal pay, paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the employee may not exceed the minimum rate of basic pay for GS–15. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year.
(e) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, and premium pay under
(1) overtime pay;
(2) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or
(3) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §12, |
||
| Oct. 14, 1949, ch. 691, §203, |
In subsection (d)(4), the words "the minimum rate of basic pay for GS–15" are substituted for "the basic rate of annual compensation specified under the Classification Act of 1949, as amended, for positions in grade GS–15 at the bottom of such grade". In former section 762, the words "Classification Act of 1949" were substituted for "Classification Act of 1923" on authority of §1106(a) of the Act of Oct. 28, 1949, ch. 782,
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1966—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1966 Amendment
§8115. Determination of wage-earning capacity
(a) In determining compensation for partial disability, except permanent partial disability compensable under
(1) the nature of his injury;
(2) the degree of physical impairment;
(3) his usual employment;
(4) his age;
(5) his qualifications for other employment;
(6) the availability of suitable employment; and
(7) other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
(b)
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §13, |
||
| Oct. 14, 1949, ch. 691, §204, |
||
| Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8116. Limitations on right to receive compensation
(a) While an employee is receiving compensation under this subchapter, or if he has been paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, he may not receive salary, pay, or remuneration of any type from the United States, except—
(1) in return for service actually performed;
(2) pension for service in the Army, Navy, or Air Force;
(3) other benefits administered by the Department of Veterans Affairs unless such benefits are payable for the same injury or the same death; and
(4) retired pay, retirement pay, retainer pay, or equivalent pay for service in the Armed Forces or other uniformed services.
However, eligibility for or receipt of benefits under subchapter III of
(b) An individual entitled to benefits under this subchapter because of his injury, or because of the death of an employee, who also is entitled to receive from the United States under a provision of statute other than this subchapter payments or benefits for that injury or death (except proceeds of an insurance policy), because of service by him (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Secretary of Labor. The election when made is irrevocable, except as otherwise provided by statute.
(c) The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's compensation statute or under a Federal tort liability statute. However, this subsection does not apply to a master or a member of a crew of a vessel.
(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of
(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and
(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §7, |
||
| July 1, 1944, ch. 373, §605(a), |
||
| Aug. 13, 1946, ch. 958, §5, |
||
| Oct. 14, 1949, ch. 691, §201, |
||
| July 30, 1956, ch. 779, §3(b), |
||
| Sept. 13, 1960, |
||
| Sept. 4, 1964, |
In subsection (a)(2), "Air Force" is added on authority of the Act of July 26, 1947, ch. 343, §207(a), (f),
In subsection (b), the reference to the definition of "employee" in former section 790 is omitted as unnecessary as the definition is included in section 8101 for the entire subchapter.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
|---|---|---|
| 8116(a) | 5 App.: 757(a). | July 4, 1966, |
The words "another retirement system for employees of the Government" are substituted for "any other Federal Act or program providing retirement benefits for employees".
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531,
Amendments
2000—Subsec. (a)(4).
1991—Subsec. (a)(3).
1986—Subsec. (d).
1974—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1974 Amendment
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(56) of
§8117. Time of accrual of right
(a) An employee other than a Postal Service employee is not entitled to compensation for the first 3 days of temporary disability, except—
(1) when the disability exceeds 14 days;
(2) when the disability is followed by permanent disability; or
(3) as provided by
(b) A Postal Service employee is not entitled to compensation or continuation of pay for the first 3 days of temporary disability, except as provided under paragraph (3) of subsection (a). A Postal Service employee may use annual leave, sick leave, or leave without pay during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the employee may have their sick leave or annual leave reinstated or receive pay for the time spent on leave without pay under this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §2, |
||
| Oct. 14, 1949, ch. 691, §101(a), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2006—
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
§8118. Continuation of pay; election to use annual or sick leave
(a) The United States shall authorize the continuation of pay of an employee, as defined in
(b) Continuation of pay under this subchapter shall be furnished—
(1) without a break in time, except as provided under section 8117(b), unless controverted under regulations of the Secretary;
(2) for a period not to exceed 45 days; and
(3) under accounting procedures and such other regulations as the Secretary may require.
(c) An employee may use annual or sick leave to his credit at the time the disability begins, but his compensation for disability does not begin, and the time periods specified by
(d) If a claim under subsection (a) is denied by the Secretary, payments under this section shall, at the option of the employee, be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of
(e) Payments under this section shall not be considered as compensation as defined by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §8, |
||
| Oct. 14, 1949, ch. 691, §101(b), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2006—Subsec. (b)(1).
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
§8119. Notice of injury or death
An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in
(a) be given within 30 days after the injury or death;
(b) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed;
(c) be in writing;
(d) state the name and address of the employee;
(e) state the year, month, day, and hour when and the particular locality where the injury or death occurred;
(f) state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and
(g) be signed by and contain the address of the individual giving the notice.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Sept. 7, 1916, ch. 458, §15, |
|
| Sept. 7, 1916, ch. 458, §16, |
||
| (b) | Sept. 7, 1916, ch. 458, §17, |
Subsection (b)(2) is added on authority of former section 770, which is carried into section 8122, to complete the coverage of this section.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
§8120. Report of injury
Immediately after an injury to an employee which results in his death or probable disability, his immediate superior shall report to the Secretary of Labor. The Secretary may—
(1) prescribe the information that the report shall contain;
(2) require the immediate superior to make supplemental reports; and
(3) obtain such additional reports and information from employees as are agreed on by the Secretary and the head of the employing agency.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §24, |
||
| Sept. 7, 1916, ch. 458, §28a, |
||
| Oct. 14, 1949, ch. 691, §205(b), |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8121. Claim
Compensation under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor. The claim shall—
(1) be made in writing within the time specified by
(2) be delivered to the office of the Secretary of Labor or to an individual whom the Secretary may designate by regulation, or deposited in the mail properly stamped and addressed to the Secretary or his designee;
(3) be on a form approved by the Secretary;
(4) contain all information required by the Secretary;
(5) be sworn to by the individual entitled to compensation or someone on his behalf; and
(6) except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability.
The Secretary may waive paragraphs (3)–(6) of this section for reasonable cause shown.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §18, |
||
| Sept. 7, 1916, ch. 458, §19, |
The words "except as provided in section 788" in former section 768 are omitted as unnecessary as former section 788 dealt with recovery of overpayments after claims were made.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1974—Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Increase in Time-Period for FECA Claimant Supply Supporting Documentation to Office of Worker's Compensation
"(1) amend section 10.121 of title 20, Code of Federal Regulations, or any successor regulation, by striking '30 days' and inserting '60 days'; and
"(2) modify the Federal Employees' Compensation Act manual to reflect the changes made by the Secretary pursuant to paragraph (1)."
§8122. Time for making claim
(a) An original claim for compensation for disability or death must be filed within 3 years after the injury or death. Compensation for disability or death, including medical care in disability cases, may not be allowed if claim is not filed within that time unless—
(1) the immediate superior had actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or
(2) written notice of injury or death as specified in
(b) In a case of latent disability, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. In such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability.
(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.
(d) The time limitations in subsections (a) and (b) of this section do not—
(1) begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed; or
(2) run against an incompetent individual while he is incompetent and has no duly appointed legal representative; or
(3) run against any individual whose failure to comply is excused by the Secretary on the ground that such notice could not be given because of exceptional circumstances.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §20, |
||
| June 13, 1922, ch. 219, |
||
| July 28, 1945, ch. 328, §1, |
||
| Sept. 13, 1960, |
The last sentence of the Act of June 13, 1922,
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8122(b), (d) | 5 App.: 770. | July 4, 1966, |
Editorial Notes
Amendments
1974—Subsec. (a).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(57) of
§8123. Physical examinations
(a) An employee shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the United States and the physician of the employee, the Secretary shall appoint a third physician who shall make an examination.
(b) An employee is entitled to be paid expenses incident to an examination required by the Secretary which in the opinion of the Secretary are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund.
(c) The Secretary shall fix the fees for examinations held under this section by physicians not employed by or under contract to the United States to furnish medical services to employees. The fees, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund.
(d) If an employee refuses to submit to or obstructs an examination, his right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §21, |
||
| June 26, 1926, ch. 695, §2, |
||
| Sept. 7, 1916, ch. 458, §22, |
||
| Sept. 7, 1916, ch. 458, §23, |
||
| June 26, 1926, ch. 695, §3, |
||
| Oct. 14, 1949, ch. 691, §208 "Sec. 23(a)", |
In subsections (a) and (c), the words "duly qualified" in former sections 771 and 772 are omitted as unnecessary in view of the definition of "physician" in section 8101.
In subsection (c) the words "fees for examinations" in former section 773(a) are substituted for "fees or examinations" since the word "or" was erroneously in the 1949 amendment. The words "any sum payable to the employee under
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8124. Findings and award; hearings
(a) The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after—
(1) considering the claim presented by the beneficiary and the report furnished by the immediate superior; and
(2) completing such investigation as he considers necessary.
(b)(1) Before review under
(2) In conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §36, |
The last sentence of former section 786 is omitted as surplusage because it is covered by section 8147.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8124(b) | 5 App.: 786(b). | July 4, 1966, |
In subsection (b)(1), the words "
In subsection (b)(2), the words "
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(58) of
§8125. Misbehavior at proceedings
If an individual—
(1) disobeys or resists a lawful order or process in proceedings under this subchapter before the Secretary of Labor or his representative; or
(2) misbehaves during a hearing or so near the place of hearing as to obstruct it;
the Secretary or his representative shall certify the facts to the district court having jurisdiction in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §208 "Sec. 23(c)", |
The words "the district court of the United States for the District of Columbia" are omitted as included in "district court". The words "under this subchapter" are added for clarity since this section which was formerly a subsection referred to the subsection preceding it which identified the proceedings.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8126. Subpenas; oaths; examination of witnesses
The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may—
(1) issue subpenas for and compel the attendance of witnesses within a radius of 100 miles;
(2) administer oaths;
(3) examine witnesses; and
(4) require the production of books, papers, documents, and other evidence.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §29, |
The words "under this subchapter" are added to preserve the original grant of power in the Act of Sept. 7, 1916.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8127. Representation; attorneys' fees
(a) A claimant may authorize an individual to represent him in any proceeding under this subchapter before the Secretary of Labor.
(b) A claim for legal or other services furnished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Secretary.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 14, 1949, ch. 691, §208 "Sec. 23(b) (less last sentence)", |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8128. Review of award
(a) The Secretary of Labor may review an award for or against payment of compensation at any time on his own motion or on application. The Secretary, in accordance with the facts found on review, may—
(1) end, decrease, or increase the compensation previously awarded; or
(2) award compensation previously refused or discontinued.
(b) The action of the Secretary or his designee in allowing or denying a payment under this subchapter is—
(1) final and conclusive for all purposes and with respect to all questions of law and fact; and
(2) not subject to review by another official of the United States or by a court by mandamus or otherwise.
Credit shall be allowed in the accounts of a certifying or disbursing official for payments in accordance with that action.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Sept. 7, 1916, ch. 458, §37, |
|
| June 5, 1924, ch. 261, §1, |
||
| (b) | July 28, 1945, ch. 328, §4 (penultimate sentence), |
In subsection (a), the words "If the original claim for compensation has been made within the time specified in
In subsection (b), the word "official" is substituted for "officer" because of the definition of "officer" in section 2104 which excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
§8129. Recovery of overpayments
(a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual's death.
(b) Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
(c) A certifying or disbursing official is not liable for an amount certified or paid by him when—
(1) adjustment or recovery of the amount is waived under subsection (b) of this section; or
(2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §38, |
In subsection (a), the words "Subject to the provisions of
In subsection (c), the word "official" is substituted for "officer" as the definition of "officer" in section 2104 excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8130. Assignment of claim
An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §25, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8131. Subrogation of the United States
(a) If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to—
(1) assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or
(2) prosecute the action in his own name.
An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.
(b) A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter.
(c) The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees' Compensation Fund the amount of continuation of pay or compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.
(d) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation—
(1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or
(2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a)–(c) | Sept. 7, 1916, ch. 458, §26, |
|
| Sept. 13, 1960, |
||
| (d) | Sept. 7, 1916, ch. 458, §41, |
In subsection (d), the first 45 words of section 41 of the Act of Sept. 7, 1916, are omitted as executed. The words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a) (2),
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8131(c) | 5 App.: 776 (proviso). | July 4, 1966, |
Editorial Notes
References in Text
For definition of Panama Canal Company, referred to in text, see
Amendments
2022—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8132. Adjustment after recovery from a third person
If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to continuation of pay or compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or on his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the United States the amount of continuation of pay or compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney's fee proportionate to the refund to the United States.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §27, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8132 | 5 App.: 777(b) (proviso). | July 4, 1966, |
The words "However, * * * is entitled to retain * * * plus" are substituted for "Provided, That * * * shall have the right to retain * * * and, in addition, to retain".
Editorial Notes
Amendments
2022—
1974—
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
§8133. Compensation in case of death
(a) If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule:
(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children.
(3) To the children, if there is no widow or widower, 40 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike.
(4) To the parents, if there is no widow, widower, or child, as follows—
(A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent;
(B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent.
If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent.
(5) To the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows—
(A) 20 percent if one was wholly dependent on the employee at the time of death;
(B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or
(C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike.
If there is a widow, widower, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent.
(b) The compensation payable under subsection (a) of this section is paid from the time of death until—
(1) a widow, or widower dies or remarries before reaching age 55;
(2) a child, a brother, a sister, or a grandchild dies, marries, or becomes 18 years of age, or if over age 18 and incapable of self-support becomes capable of self-support; or
(3) a parent or grandparent dies, marries, or ceases to be dependent.
Notwithstanding paragraph (2) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined by
(c) On the cessation of compensation under this section to or on account of an individual, the compensation of the remaining individuals entitled to compensation for the unexpired part of the period during which their compensation is payable, is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee.
(d) When there are two or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Secretary may modify the apportionment to meet the requirements of the case.
(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS–2. However, the total monthly compensation may not exceed—
(1) the monthly pay computed under
(2) 75 percent of the monthly pay of the maximum rate of basic pay for GS–15.
(f) Notwithstanding any funeral and burial expenses paid under section 8134, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §10 (less last 15 words of 1st sentence in (B); and less (H) and (L)), |
||
| July 28, 1945, ch. 328, §§2 (less last 24 words), 3, |
||
| Oct. 14, 1949, ch. 691, §106 (less last 23 words of 1st sentence in "(B)" of (c); and less (e)), |
||
| Sept. 13, 1960, |
In subsection (a), the words "an injury sustained in the performance of duty" are substituted for "the injury" to clearly identify the type of injury to which the section refers.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8133(b) | 5 App.: 760(G) (last sentence). | July 4, 1966, |
| 8133(e) | 5 App.: 760(K). | July 4, 1966, |
In subsection (b), the words "Notwithstanding paragraph (3) of this subsection" are substituted for "Notwithstanding any other provision of this section" for clarity. The words "
In subsection (e), the words "is deemed" are substituted for "shall be considered to be". The words "minimum rate of basic pay for GS–2" and "maximum rate of basic pay for GS–15" are substituted for "lowest rate of basic compensation provided for grade 2 by the General Schedule of the Classification Act of 1949" and "highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949," respectively, for consistency of style and to reflect the codification of the Classification Act of 1949 in title 5. The words "under
Editorial Notes
Amendments
1990—Subsec. (b)(1).
1974—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
Subsec. (e)(1).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by sections 16(a) and 17 of
Amendment by section 18 of
Gratuity for Death of Civilian Employee From Injury Sustained in Line of Duty
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(62)(B) of
§8134. Funeral expenses; transportation of body
(a) If death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Secretary of Labor.
(b) The body of an employee whose home is in the United States, in the discretion of the Secretary, may be embalmed and transported in a hermetically sealed casket to his home or last place of residence at the expense of the Employees' Compensation Fund if—
(1) the employee dies from—
(A) the injury while away from his home or official station or outside the United States; or
(B) from other causes while away from his home or official station for the purpose of receiving medical or other services, appliances, supplies, or examination under this subchapter; and
(2) the relatives of the employee request the return of his body.
If the relatives do not request the return of the body of the employee, the Secretary may provide for its disposition and incur and pay from the Employees' Compensation Fund the necessary and reasonable transportation, funeral, and burial expenses.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §11, |
||
| Feb. 12, 1927, ch. 110, §4, |
||
| July 28, 1945, ch. 328, §2 (last 24 words), |
||
| Oct. 14, 1949, ch. 691, §107, |
||
| Sept. 13, 1960, |
In subsection (a), the words "an injury sustained in the performance of duty" are substituted for "the injury" to clearly identify the type of injury to which the section refers.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Burial Allowance
"(a)
"(1)
"(2)
"(A) who served as a civilian officer or employee of such an agency or department;
"(B) who died as a result of an injury incurred during such service; and
"(C) whose death—
"(i) resulted from hostile or terrorist activities; or
"(ii) occurred in connection with an intelligence activity having a substantial element of risk.
"(b)
"(c)
"(1) in an amount not greater than—
"(A) the maximum reimbursable amount allowed under Department of Defense Instruction 1344.08 or successor instruction; plus
"(B) the actual costs of transportation referred to in subsection (b); and
"(2) in addition to any other benefit permitted under any other provision of law, including funds that may be expended as specified in the General Provisions section of the classified annex accompanying this Act.
"(d)
[For definition of "intelligence community" as used in section 310 of
Availability of Department of the Interior and Related Agencies Appropriations To Reimburse Representatives of Employees Killed in Line of Duty
§8135. Lump-sum payment
(a) The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4 percent true discount compounded annually if—
(1) the monthly payment to the beneficiary is less than $50 a month;
(2) the beneficiary is or is about to become a nonresident of the United States; or
(3) the Secretary of Labor determines that it is for the best interest of the beneficiary.
The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months' compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded.
(b) On remarriage before reaching age 55 a widow or widower entitled to compensation under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §14, |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8135(b) | 5 App.: 764(b). | July 4, 1966, |
The word "widower" is substituted for "dependent widower" to conform to the definition in
Editorial Notes
Amendments
1990—Subsec. (b).
1974—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name
United States Department of Health, Education, and Welfare redesignated the United States Department of Health and Human Services by
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(63) of
§8136. Initial payments outside the United States
If an employee is injured outside the continental United States, the Secretary of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the United States designated by the Secretary for that purpose in the locality in which the employee was employed or the injury occurred.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 29, 1942, ch. 533 (2d sentence), |
The word "continental" is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8137. Compensation for noncitizens and nonresidents
(a) When the Secretary of Labor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by—
(1) the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen's compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or
(2) establishing special schedules of compensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places.
Irrespective of the basis adopted, the Secretary may at any time—
(A) modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits;
(B) modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and
(C) modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.
(b) In a case under this section, the Secretary or his designee may—
(1) make a lump-sum award in the manner prescribed by
(2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.
Compensation paid under this subsection is instead of all other compensation from the United States for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and is satisfaction of all liability of the United States in respect to the particular injury or death.
(c) The Secretary may delegate to an employee or agency of the United States, with such limitations and right of review as he considers advisable, authority to process, adjudicate, commute by lump-sum award, compromise, and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter.
(d) The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that—
(1) conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or
(2) claimants under this section are alien enemies.
(e) The Secretary may apply this section retrospectively with adjustment of compensation and benefits as he considers necessary and proper.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 28, 1945, ch. 328, §4 (less penultimate sentence), |
The last sentence of former section 793 is omitted as it consists of a definition which is fully spelled out when the words "United States" are used as a geographical reference.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8138. Minimum limit modification for noncitizens and aliens
(a) Except as provided by subsection (b) of this section, the minimum limit on monthly compensation for disability under
(b) The President may remove or modify the minimum limit on monthly compensation for disability under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | July 29, 1942, ch. 533 (less 2d sentence), Sept. 13, 1960, |
|
| (b) | Sept. 7, 1916, ch. 458, §42 (2d sentence of 2d par.), |
|
| Apr. 6, 1938, ch. 79 "Sec. 42 (2d sentence of 2d par.)", |
In subsection (a), the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority. The word "continental" is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.
In subsection (b), the words "Canal Zone Government" and "Panama Canal Company" are substituted for "Panama Canal" and "Panama Railroad Company", respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a),
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
For definition of Canal Zone Government and Panama Canal Company, referred to in text, see
§8139. Employees of the District of Columbia
Compensation awarded to an employee of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the government of the District of Columbia.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 11, 1919, ch. 7, §11 (less 1st sentence), |
The words "Compensation awarded" are substituted for "Such compensation as the Secretary may award".
The last sentence of former section 794, requiring that the Commissioners of the District of Columbia submit to Congress through the Bureau of the Budget estimates of appropriations, is omitted as obsolete. The Budget and Accounting Act, 1921, as amended,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Processing of Claims Filed by District of Columbia Employees
See
§8140. Members of the Reserve Officers' Training Corps
(a) Subject to the provisions of this section, this subchapter applies to a member of, or applicant for membership in, the Reserve Officers' Training Corps of the Army, Navy, or Air Force who suffers an injury, disability, or death incurred, or an illness contracted, in line of duty—
(1) while engaged in a flight or in flight instruction under
(2) during the period of the member's attendance at training or a practice cruise under
(b) For the purpose of this section, an injury, disability, death, or illness of a member referred to in subsection (a) may be considered as incurred or contracted in line of duty only if the injury, disability, or death is incurred, or the illness is contracted, by the member during a period described in that subsection. Subject to review by the Secretary of Labor, the Secretary of the military department concerned (under regulations prescribed by that Secretary), shall determine whether an injury, disability, or death was incurred, or an illness was contracted, by a member in line of duty.
(c) In computing the compensation payable under this section, the monthly pay received by the injured or deceased individual, in cash and kind, is deemed $150.
(d) The Secretary of the military department concerned shall cooperate fully with the Department of Labor in the prompt investigation and prosecution of a case involving the legal liability of a third party other than the United States.
(e) An individual may not receive disability benefits under this section while on active duty with the armed forces, but these benefits may be reinstated when the individual is released from that active duty.
(f) Expenses incurred by a military department in providing hospitalization, medical and surgical care, necessary transportation incident to that hospitalization or medical and surgical care, or in connection with a funeral and burial on behalf of an individual covered by subsection (a) of this section shall be reimbursed by the Secretary of Labor from the Employees' Compensation Fund in accordance with this subchapter. However, reimbursement may not be made for hospitalization or medical or surgical care provided an individual by a military department in a facility of a military department.
(g) For purposes of this section, the term "applicant for membership" includes a student enrolled, during a semester or other enrollment term, in a course which is part of Reserve Officers' Training Corps instruction at an educational institution.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 1, 1956, ch. 830, §4, Oct. 13, 1964, |
In subsection (a), the words "Subject to the provisions of this section" are added for clarity.
In subsection (c), the last sentence of former section 802(b) is omitted as unnecessary.
In subsection (d), the words "Nothing in this section shall be construed to hinder the prompt action authorized by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1998—Subsec. (a).
Subsec. (a)(2).
Subsec. (b).
1988—Subsec. (a).
Subsec. (a)(2).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Effective Date of 1988 Amendment
Amendment by
Different Coverage for Reserve Officer Training Corps Members
[Section 113(d) of
§8141. Civil Air Patrol volunteers
(a) Subject to the provisions of this section, this subchapter applies to a volunteer civilian member of the Civil Air Patrol, except a Civil Air Patrol Cadet under 18 years of age.
(b) In administering this subchapter for a member of the Civil Air Patrol covered by this section—
(1) the monthly pay of a member is deemed the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under
(2) the percentages applicable to payments under
(A) 45 percent for
(B) 20 percent for
(C) 25 percent for
(3) a payment may not be made under
(4) "performance of duty" means only active service, and travel to and from that service, rendered in performance or support of operational missions of the Civil Air Patrol under direction of the Department of the Air Force and under written authorization by competent authority covering a specific assignment and prescribing a time limit for the assignment; and
(5) the Secretary of Labor or his designee shall inform the Commissioner of Social Security when a claim is filed and eligibility for compensation is established under section 8133(a)(2) or (3) of this title, and the Commissioner of Social Security shall certify to the Secretary of Labor as to whether or not the member concerned was fully or currently insured under subchapter II of
(c) The Secretary of Labor or his designee may inform the Secretary of the Air Force or his designee when a claim is filed. The Secretary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the injury and whether or not the member was rendering service, or engaged in travel to or from service, in performance or support of an operational mission of the Civil Air Patrol at the time of injury. This subsection does not dispense with the report of the immediate superior of the member required by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 3, 1956, ch. 926, §1 "Sec. 3 (less (d))", |
Subsection (d) of former section 803, providing for retroactive applicability, is omitted as executed (see Table II).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Subchapter II of
Amendments
1994—Subsec. (b)(5).
1983—Subsec. (a).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1983 Amendment
"(1) The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 24, 1983].
"(2) The amendment made by subsection (a)(1) [amending this section] shall apply only to deaths or injuries occurring on or after the date of the enactment of this Act [Sept. 24, 1983].
"(3) The amendment made by subsection (a)(2) [amending this section] shall apply only to the computation of compensation payable for periods commencing on or after the date of the enactment of this Act [Sept. 24, 1983]."
§8142. Peace Corps volunteers
(a) For the purpose of this section, "volunteer" means—
(1) a volunteer enrolled in the Peace Corps under
(2) a volunteer leader enrolled in the Peace Corps under
(3) an applicant for enrollment as a volunteer or volunteer leader during a period of training under
(b) Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability compensation payments does not commence until the day after the date of termination of his service as a volunteer.
(c) For the purpose of this subchapter—
(1) a volunteer is deemed receiving monthly pay at the minimum rate for GS–7;
(2) a volunteer leader referred to by
(3) an injury suffered by a volunteer when he is outside the several States and the District of Columbia is deemed proximately caused by his employment, unless the injury or disease is—
(A) caused by willful misconduct of the volunteer;
(B) caused by the volunteer's intention to bring about the injury or death of himself or of another; or
(C) proximately caused by the intoxication of the injured volunteer; and
(4) the period of service of an individual as a volunteer includes—
(A) any period of training under
(B) the period between enrollment as a volunteer and the termination of service as a volunteer by the President or by death or resignation.
(d)(1) The Secretary shall authorize the Director of the Peace Corps to furnish medical benefits to a volunteer, who is injured during the volunteer's period of service, for a period of 120 days following the termination of such service if the Director certifies that the volunteer's injury probably meets the requirements under subsection (c)(3). The Secretary may then certify vouchers for these expenses for such volunteer out of the Employees' Compensation Fund.
(2) The Secretary shall prescribe the form and content of the certification required under paragraph (1).
(3) A certification under paragraph (1) will cease to be effective if the volunteer sustains compensable disability in connection with volunteer service.
(4) Nothing in this subsection may be construed to authorize the furnishing of any medical benefit that the Secretary of Labor is not otherwise authorized to reimburse for former Peace Corps volunteers who receive treatment for injury or disease proximately caused by their service in the Peace Corps in accordance with this chapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 22, 1961, |
Subsection (a) is based on
In subsection (b), the words "Subject to the provisions of this section" are added for clarity and to conform to the style of sections 8140 and 8141. The words "of the United States Government" are omitted as unnecessary in view of the definition of "employee" in section 8101(1).
In subsection (c), the words "outside the several States, territories and possessions of the United States, and the District of Columbia" are substituted for "abroad" on authority of
Subsection (c)(4) is added on authority of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
Editorial Notes
Amendments
2018—Subsec. (d).
1974—Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by
§8143. Job Corps enrollees; volunteers in service to America
(a) Subject to the provisions of this subsection, this subchapter applies to an enrollee in the Job Corps, except that compensation for disability does not begin to accrue until the day after the date on which the injured enrollee is terminated. In administering this subchapter for an enrollee covered by this subsection—
(1) the monthly pay of an enrollee is deemed that received at the minimum rate for GS–2;
(2)
(3) "performance of duty" does not include an act of an enrollee while absent from his assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of the Job Corps.
(b) This subchapter applies to a volunteer in service to America who receives either a living allowance or a stipend under part A of subchapter VIII of
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Aug. 20, 1964, |
|
| (b) | Aug. 20, 1964, |
In subsection (a)(1), reference to "the Classification Act of 1949 (
In subsection (b), the words "in service to America" are inserted after "volunteer" for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8143(a)(1) | 42: 2716(c)(2)(B). | Nov. 8, 1966, |
| 8143(a)(3) | 42: 2716(c)(2)(A). | Oct. 9, 1965, |
| 8143(b) | 42: 2991c(b) (as applicable to 42: 2716(c)). | Nov. 8, 1966, |
In subsection (a)(3), the words "in the Federal Employees' Compensation Act" are omitted as unnecessary since that act is codified in that subchapter of
In subsection (b), the words "in service to America" are inserted after "volunteer" in two places for clarity. The words "subsection (a)(2) of this section" are substituted for "paragraph (2)(B) of section 106(c)" to reflect the codification of that paragraph in title 5. The words "at the minimum rate for GS–7" are substituted for "under the entrance salary for GS–7 of the General Schedule for
Editorial Notes
References in Text
Part A of subchapter VIII of
Amendments
1993—Subsec. (b).
1974—
1968—
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
§8143a. Members of the National Teacher Corps
Subject to the provisions of this section, this subchapter applies to a member of the National Teacher Corps. In administering this subchapter for a member covered by this section—
(1) "performance of duty" does not include an act of a member while—
(A) on authorized leave; or
(B) absent from his assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Commissioner of Education; and
(2) in computing compensation for disability or death, the monthly pay of a member is deemed his actual pay or that received at the minimum rate for GS–6, whichever is greater.
(Added
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8143a | 20: 1105(b). | Nov. 8, 1965, |
The words "a member of the National Teacher Corps" are substituted for "such members" on authority of
Statutory Notes and Related Subsidiaries
Transfer of Functions
Functions of Commissioner of Education of Department of Health, Education, and Welfare transferred to Secretary of Education by
§8143b. Employees in fire protection activities
(a)
(1)
(A) is trained in fire suppression;
(B) has the legal authority and responsibility to engage in fire suppression;
(C) is engaged in the prevention, control, or extinguishment of fires or response to emergency situations in which life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and
(D) performs the activities described in subparagraph (C) as a primary responsibility of the job of the employee.
(2)
(3)
(b)
(1)
(2)
(A) Bladder cancer.
(B) Brain cancer.
(C) Chronic obstructive pulmonary disease.
(D) Colorectal cancer.
(E) Esophageal cancer.
(F) Kidney cancer.
(G) Leukemias.
(H) Lung cancer.
(I) Mesothelioma.
(J) Multiple myeloma.
(K) Non-Hodgkin lymphoma.
(L) Prostate cancer.
(M) Skin cancer (melanoma).
(N) A sudden cardiac event or stroke suffered while, or not later than 24 hours after, engaging in the activities described in subsection (a)(1)(C).
(O) Testicular cancer.
(P) Thyroid cancer.
(3)
(A)
(i)
(I) in consultation with the Director of the National Institute for Occupational Safety and Health and any advisory committee determined appropriate by the Secretary, periodically review the list established under paragraph (2); and
(II) if the Secretary determines that the weight of the best available scientific evidence warrants adding an illness or disease to the list established under paragraph (2), as described in subparagraph (B) of this paragraph, make such an addition through a rule that clearly identifies that scientific evidence.
(ii)
(B)
(C)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Research Cooperation
Agenda for Further Review
"(A) evaluate the best available scientific evidence of the risk to an employee in fire protection activities of developing breast cancer, gynecological cancers, and rhabdomyolysis;
"(B) add breast cancer, gynecological cancers, and rhabdomyolysis to the list, by rule in accordance with subsection (b)(3) of
"(C) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives a report containing—
"(i) the findings of the Secretary after making the evaluation required under subparagraph (A); and
"(ii) the determination of the Secretary under subparagraph (B)."
["The list" as used in section 5305(a)(3) of
1 So in original. Probably should be "
§8144. Student-employees
A student-employee as defined by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 4, 1947, ch. 452, §4, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8145. Administration
The Secretary of Labor shall administer, and decide all questions arising under, this subchapter. He may—
(1) appoint employees to administer this subchapter; and
(2) delegate to any employee of the Department of Labor any of the powers conferred on him by this subchapter.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §28, |
||
| Oct. 14, 1949, ch. 691, §205(a), (c)(1), |
||
| [Uncodified]. | 1946 Reorg. Plan No. 2, §3 (less 2d sentence), eff. July 16, 1946, |
|
| [Uncodified]. | 1950 Reorg. Plan No. 19, §1, eff. May 24, 1950, |
|
| Sept. 7, 1916, ch. 458, §30, |
||
| Sept. 7, 1916, ch. 458, §32 (last 9 words), |
The last 20 words of former section 781 are omitted as unnecessary in view of the definition of "competitive service" in section 2102 and the provisions of subchapter I of
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Processing of Claims Filed by District of Columbia Employees
See
§8146. Administration for the Panama Canal Commission and The Alaska Railroad
(a) The President, from time to time, may transfer the administration of this subchapter—
(1) so far as employees of the Panama Canal Commission are concerned to the Commission; and
(2) so far as employees of The Alaska Railroad are concerned to the general manager of The Alaska Railroad.
(b) When administration is transferred under subsection (a) of this section, the expenses incident to physical examinations which are payable under
(c) The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim required by
(d) When administration is transferred under subsection (a) of this section to the general manager of The Alaska Railroad, the Secretary of Labor is not divested of jurisdiction and a claimant is entitled to appeal from the decision of the general manager of The Alaska Railroad to the Secretary of Labor. The Secretary on receipt of an appeal shall, or on his own motion may, review the decision of the general manager of The Alaska Railroad, and in accordance with the facts found on review may proceed under
(e) The same right of appeal exists with respect to claims filed by employees of the Panama Canal Commission or their dependents in case of death, as is provided with respect to the claims of other employees to whom this subchapter applies, under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §42 (less 2d sentence of 2d par.), Apr. 6, 1938, ch. 79 "Sec. 42 (less 2d sentence of 2d par.)", Aug. 30, 1964, |
In subsection (a), the words "in which cases the words 'Secretary' and 'his' wherever they appear in
In subsection (b), the words "the Employees' Compensation Fund" are substituted for "appropriation for the work of the Secretary" in view of former section 771, which is carried into section 8123, which provides that all such expenses shall be paid from the Fund.
In subsections (b) and (c), the words "Canal Zone Government", "Panama Canal Company", and "Governor of the Canal Zone" are substituted for "Panama Canal", "Panama Railroad Company", and "Governor of the Panama Canal", respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, §2,
In subsection (e), the words "of other employees to whom this subchapter applies" are substituted for "of other employees of the Federal Government" for clarity and in view of the provisions of section 8149. The words "Employees' Compensation Appeals Board" are substituted for "Appeals Board" to reflect the full title of the Board
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1979—
Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
§8146a. Cost-of-living adjustment of compensation
(a) Compensation payable on account of disability or death which occurred more than one year before March 1 of each year shall be annually increased on that date by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.
(b) The regular periodic compensation payments after adjustment under this section shall be fixed at the nearest dollar. However, the regular periodic compensation after adjustment shall reflect an increase of at least $1.
(c) This section shall be applicable to persons excluded by section 15 of the Federal Employees' Compensation Act Amendments of 1966 (
(Added
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8146a(a) 8146a(b) |
5 App.: 793a(a). 5 App.: 793a(b). |
July 4, 1966, |
In subsection (a), the words "After the month during which this section becomes effective," following "Each month," are omitted as executed and unnecessary. The words "Secretary of Labor" are substituted for "Secretary" on authority of section 40(i) of the Federal Employees' Compensation Act. In the second sentence, the words "latest base month" are substituted for "most recent base month."
So much of section 14 of
Editorial Notes
References in Text
"Persons excluded by section 15 of the Federal Employees' Compensation Act Amendments of 1966", referred to in subsec. (c), means persons excluded by section 15 of
Act of February 15, 1934 (
Act of June 26, 1936 (
Act of April 8, 1935 (
Act of July 25, 1942 (
Act of September 8, 1959 (
Amendments
1980—Subsec. (a).
1974—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
For effective date of amendment by
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by Cost-of-Living Adjustment
Increases authorized by this section not applicable to employees and individuals not within the definition of "employee" in
§8147. Employees' Compensation Fund
(a) There is in the Treasury of the United States the Employees' Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, "administrative expenses" does not include expenses for legal services performed by or for the Secretary under
(b) Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees' Compensation Fund during the preceding July 1 through June 30 expense period on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not dependent on an annual appropriation shall make the deposit required by this subsection from funds under its control during the first fifteen days of October following the furnishing of the statement. If an agency or instrumentality (or part or function thereof) is transferred to another agency or instrumentality, the cost of compensation benefits and other expenses paid from the Fund on account of the injury or death of employees of the transferred agency or instrumentality (or part or function) shall be included in costs of the receiving agency or instrumentality.
(c) In addition to the contributions for the maintenance of the Employees' Compensation Fund required by this section, the United States Postal Service, or a mixed ownership corporation as defined by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §35, Sept. 12, 1950, ch. 946, §301(92), Sept. 13, 1960, |
In subsection (b), the words "each agency and instrumentality of the United States" are substituted for "each executive department and each agency or instrumentality of the United States or other establishment". The words "(hereinafter called 'agency')" are omitted as unnecessary because "agency or instrumentality" is substituted for "agency" in the remainder of this subsection and in subsection (c). The words "occurring after December 1, 1960" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8147(a) | 5 App.: 785(d). | July 4, 1966, |
The word "performed" is substituted for "rendered" to conform to the style of title 5. The words "
Editorial Notes
Amendments
1982—Subsec. (c).
1976—Subsec. (b).
1974—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Amendment by section 25 of
Amendment by section 26 of
Government Publishing Office Payment of Cost of Administration
Fiscal Year 1994 Prohibition on Payments to Individuals Convicted of Issuing False Statements or Fraud
Deposit Into Fund Between July 1, and July 15, 1976, of Specified Part of August 15, 1975, Statement
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(71) of
§8148. Forfeiture of benefits by convicted felons
(a) Any individual convicted of a violation of
(b)(1) Notwithstanding any other provision of this chapter (except as provided under paragraph (3)), no benefits under this subchapter or subchapter III of this chapter shall be paid or provided to any individual during any period during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to that individual's conviction of an offense that constituted a felony under applicable law.
(2) Such individual shall not be entitled to receive the benefits forfeited during the period of incarceration under paragraph (1), after such period of incarceration ends.
(3) If an individual has one or more dependents as defined under section 8110(a), the Secretary of Labor may, during the period of incarceration, pay to such dependents a percentage of the benefits that would have been payable to such individual computed according to the percentages set forth in section 8133(a)(1) through (5).
(c) Notwithstanding the provision of
(Added
Editorial Notes
Prior Provisions
A prior section 8148,
Amendments
1998—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
§8149. Regulations
The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1916, ch. 458, §32 (less last 9 words), |
||
| [Uncodified]. | 1946 Reorg. Plan No. 2, §3 (2d sentence), eff. July 16, 1946, |
|
| [Uncodified]. | 1950 Reorg. Plan No. 19, §2, eff. May 24, 1950, |
The words "administration and" are added for clarity.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
The first sentence of section 2 of 1950 Reorg. Plan No. 19 is omitted as executed. The word "employees" is coextensive with and substituted for "employees of the Federal Government or of the District of Columbia" in view of the definition of "employee" in section 8101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8149 | 5 App.: 783. | July 4, 1966, |
In the first sentence, the words "
In the second sentence, the word "adjudicating" is substituted for "in the adjudication of". The words "
Statutory Notes and Related Subsidiaries
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(71) of
§8150. Effect on other statutes
(a) This subchapter does not affect the maritime rights and remedies of a master or member of the crew of a vessel.
(b)
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Oct. 14, 1949, ch. 691, §305(b), |
|
| (b) | Aug. 3, 1956, ch. 926, §1 "Sec. 4", |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2018—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8151. Civil service retention rights
(a) In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.
(b) Under regulations issued by the Office of Personnel Management—
(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and
(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.
(Added
Editorial Notes
Amendments
1978—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of
§8152. Annual report
The Secretary of Labor shall, at the end of each fiscal year, prepare a report with respect to the administration of this chapter. Such report shall be submitted to Congress in accordance with the requirement with respect to submission under section 42 of the Longshore 1 Harbor Workers' Compensation Act (
(Added
Statutory Notes and Related Subsidiaries
Report on Affected Employees
"(A) shall include in the report the total number of, and demographics regarding, employees in fire protection activities with illnesses and diseases described in the list (as the list may be updated under this subsection [enacting
"(B) may—
"(i) include in the report any information with respect to employees in fire protection activities that the Secretary determines to be necessary; and
"(ii) as appropriate, make recommendations in the report for additional actions that could be taken to minimize the risk of adverse health impacts for employees in fire protection activities."
["Employee in fire protection activities" and "the list" as used in section 5305(a)(5) of
1 So in original. Probably should be "Longshore and".
SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
§8171. Compensation for work injuries; generally
(a) The Longshore and Harbor Workers' Compensation Act (
(1) a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or
(2) employed inside the continental United States.
However, that part of section 3(a) of such Act (
(b) For the purpose of this subchapter, the term "employer" in section 2(4) of the Longshore and Harbor Workers' Compensation Act (
(c) The Secretary of Labor may—
(1) extend compensation districts established under section 39(b) of the Longshore and Harbor Workers' Compensation Act (
(2) assign to each district one or more deputy commissioners as the Secretary considers advisable.
(d) Judicial proceedings under sections 18 and 21 of the Longshore and Harbor Workers' Compensation Act (
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 150k–1(a). | June 19, 1952, ch. 444, §2, July 18, 1958, |
In subsection (a), the word "civilian" is omitted as unnecessary as the definition of "employee" in section 2105 includes only civilians.
In subsection (d), the reference to "the United States District Court for the District of Columbia" is omitted as included in the words "district court".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The Longshore and Harbor Workers' Compensation Act, referred to in subsec. (a), is act Mar. 4, 1927, ch. 509,
Amendments
1996—Subsec. (a).
Subsec. (c)(1).
Subsec. (d).
1994—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (d).
§8172. Employees not citizens or residents of the United States
In case of disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers' Compensation Act (
(1) not a citizen or permanent resident of the United States or a territory or possession of the United States; and
(2) employed outside the continental United States;
compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of Transportation, as the case may be.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 150k–1(b). | July 18, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1996—
1994—
§8173. Liability under this subchapter exclusive
The liability of the United States or of a nonappropriated fund instrumentality described by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 150k–1(c). | July 18, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1996—
1994—
SUBCHAPTER III—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
§8191. Determination of eligibility
The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as "eligible officers") and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion—
(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person—
(A) for the commission of a crime against the United States, or
(B) who at that time was sought by a law enforcement authority of the United States for the commission of a crime against the United States, or
(C) who at that time was sought as a material witness in a criminal proceeding instituted by the United States; or
(2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a material witness in connection with such a crime; or
(3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States;
and to have been on that occasion not an employee as defined in section 8101(1), and to have sustained on that occasion a personal injury for which the United States would be required under subchapter I of this chapter to pay compensation if he had been on that occasion such an employee engaged in the performance of his duty. No person otherwise eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States.
(Added
Editorial Notes
Amendments
1968—
Statutory Notes and Related Subsidiaries
Effective Date of 1968 Amendment
Amendment by
Effective Date
Section 2 of
§8192. Benefits
(a)
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of
§8193. Administration
(a)
(1) The term "Attorney General" includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section.
(2) The term "Secretary of Labor" includes any person to whom the Secretary of Labor has delegated any function pursuant to subsection (b) of this section.
(b)
(1) The Attorney General may delegate to any division, officer, or employee of the Department of Justice any function conferred upon the Attorney General by this subchapter.
(2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Department of Labor any function conferred upon the Secretary of Labor by this subchapter.
(c)
(1) to the Secretary of Labor
(2) by
(A) any eligible officer or survivor of an eligible officer,
(B) any guardian, personal representative, or other person legally authorized to act on behalf of an eligible officer, his estate, or any of his survivors, or
(C) any association of law enforcement officers which is acting on behalf of an eligible officer or any of his survivors;
(3) within five years after the injury or death; and
(4) in such form as the Secretary of Labor may require.
(d)
(e)
(f)
(Added
Editorial Notes
Amendments
1975—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of
CHAPTER 83 —RETIREMENT
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY
SUBCHAPTER III—CIVIL SERVICE RETIREMENT
Editorial Notes
Amendments
2020—
2012—
1986—
SUBCHAPTER I—GENERAL PROVISIONS
§8301. Uniform retirement date
(a) Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is effective on the first day of the month following the month in which retirement would otherwise be effective.
(b) Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Apr. 23, 1930, ch. 209, §1, |
In subsection (a), the words "Except as otherwise specifically provided by this title or other statute" are added because of the statutes carried into subchapter III of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY
§8311. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) an employee as defined by
(B) a Member of Congress as defined by
(C) a member or former member of a uniformed service; and
(D) an individual employed by the government of the District of Columbia;
(2) "annuity" means a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;
(C) that portion of a benefit payable under subchapter II of
(D) monthly annuity awarded under
(E) that portion of an annuity awarded under
(F) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(i) was convicted of an offense named by subsection (b) of
(ii) violated
(G) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(i) was convicted of an offense named by subsection (c) of
(ii) violated
(3) "retired pay" means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 1, 1954, to an individual, insofar as the individual, before September 1, 1954—
(i) was convicted of an offense named by subsection (b) of
(ii) violated
(C) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 26, 1961, to an individual, insofar as the individual, before September 26, 1961—
(i) was convicted of an offense named by subsection (c) of
(ii) violated
(D) an annuity payable to an eligible beneficiary of an individual under
(i) was convicted of an offense named by
(ii) violated
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The words "and
In paragraph (1)(A), the words "an employee as defined by
In paragraph (1)(B), the reference to "Resident Commissioner" is omitted as included in "Member of Congress" in view of the definition of "Member of Congress" in section 2106.
In paragraph (1)(C), the words "uniformed service" are coextensive with and substituted for "armed forces, the Coast and Geodetic Survey, or the Public Health Service" in view of the definition of "uniformed services" in section 2101.
In paragraph (3), the words "uniformed service" are coextensive with and substituted for "armed forces, the Coast and Geodetic Survey, and the Public Health Service" in view of the definition of "uniformed services" in section 2101.
The definition of "armed forces" in former section 2281(4) is omitted as unnecessary in view of the definition of "armed forces" in section 2101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Subchapter II of
Section 5 of the Uniformed Services Contingency Option Act of 1953 (
Amendments
1991—Pars. (2)(A), (3)(A).
§8312. Conviction of certain offenses
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or
(2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection.
The prohibition on payment of annuity or retired pay applies—
(A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and
(B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later.
(b) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954:
(1) An offense within the purview of—
(A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of
(B)
(C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of
(D) section 10(b)(2), (3), or (4) of the Atomic Energy Act of 1946 (
(E) section 16(a) or (b) of the Atomic Energy Act of 1946 (
(F) an earlier statute on which a statute named by subparagraph (A), (B), or (C) of this paragraph (1) is based.
(2) An offense within the purview of—
(A) article 104 (aiding the enemy), article 103a (espionage), or article 106 (spies) of the Uniform Code of Military Justice (
(B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this paragraph (2) on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved.
(3) Perjury committed under the statutes of the United States or the District of Columbia—
(A) in falsely denying the commission of an act which constitutes an offense within the purview of—
(i) a statute named by paragraph (1) of this subsection; or
(ii) an article or statute named by paragraph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2) (A) of this subsection;
(B) in falsely testifying before a Federal grand jury, court of the United States, or court-martial with respect to his service as an employee in connection with a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States; or
(C) in falsely testifying before a congressional committee in connection with a matter under inquiry before the congressional committee involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
(4) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (3) of this subsection.
(c) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 26, 1961:
(1) An offense within the purview of—
(A) section 2272 (violation of specific sections) or 2273 (violation of sections generally of
(B) section 2274 (communication of restricted data), 2275 (receipt of restricted data), or 2276 (tampering with restricted data) of title 42; or
(C) section 783 (conspiracy and communication or receipt of classified information) of title 50 or section 601 of the National Security Act of 1947 (
(2) An offense within the purview of a current article of the Uniform Code of Military Justice (
(3) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by paragraph (1) of this subsection.
(4) Subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3) of this subsection.
(d)(1) For purposes of subsections (b)(1) and (c)(1), an offense within the meaning of such subsections is established if the Attorney General of the United States certifies to the agency administering the annuity or retired pay concerned—
(A) that an individual subject to this chapter has been convicted by an impartial court of appropriate jurisdiction within a foreign country in circumstances in which the conduct violates the provisions of law enumerated in subsections (b)(1) and (c)(1), or would violate such provisions had such conduct taken place within the United States, and that such conviction is not being appealed or that final action has been taken on such appeal;
(B) that such conviction was obtained in accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would have been admissible in the courts of the United States; and
(C) that such conviction occurred after the date of enactment of this subsection.
(2) Any certification made pursuant to this subsection shall be subject to review by the United States Court of Claims based upon the application of the individual concerned, or his or her attorney, alleging that any of the conditions set forth in subparagraphs 2 (A), (B), or (C) of paragraph (1), as certified by the Attorney General, have not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions has not been satisfied in such case, the court shall order any annuity or retirement benefit to which the person concerned is entitled to be restored and shall order that any payments which may have been previously denied or withheld to be paid by the department or agency concerned.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Pars. (2), (3) and (4) of subsec. (b) of section 10 of the Atomic Energy Act of 1946 (
Subsecs. (a) and (b) of section 16 of the Atomic Energy Act of 1946 (
Articles 104, 106, and 106a of the Uniform Code of Military Justice, referred to in subsec. (b)(2)(A), are sections 904, 906, and 906a, respectively, of Title 10, Armed Forces. The Uniform Code of Military Justice, in its entirety, is set out in
The National Security Act of 1947, referred to in subsec. (c)(1)(C), is act July 26, 1947, ch. 343,
The date of enactment of this subsection, referred to in subsec. (d)(1)(C), is the date of enactment of
Amendments
2017—Subsec. (b)(2)(A).
1994—Subsec. (b)(2)(A).
Subsec. (d).
1986—Subsec. (c)(1)(C).
1971—Subsec. (c)(1)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 639(b) of
1 See References in Text note below.
2 So in original. Probably should be "subparagraph".
§8313. Absence from the United States to avoid prosecution
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice—
(A) after July 31, 1956, for an offense named by
(B) after September 26, 1961, for an offense named by
(2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be.
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until—
(1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority;
(2) the individual returns and thereafter the indictment or charges is or are dismissed; or
(3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The Uniform Code of Military Justice, referred to in text, is classified to
Statutory Notes and Related Subsidiaries
Suspension of Payment of Retired Pay of Members Who Are Absent From United States To Avoid Prosecution
"(a)
"(b)
"(c)
"(d)
§8314. Refusal to testify
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual, before, on, or after September 1, 1954, refused or refuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his service as an employee, before a Federal grand jury, court of the United States, court-martial, or congressional committee, in a proceeding concerning—
(1) his past or present relationship with a foreign government; or
(2) a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the date of the failure or refusal of the individual, or after September 1, 1954, whichever is later.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8315. Falsifying employment applications
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact—
(1) before, on, or after September 1, 1954, concerning his—
(A) past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating—
(i) the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States;
(ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or
(iii) the right to strike against the United States;
(B) conviction of an offense named by subsection (b) of
(C) failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by
(2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of
in a document executed by the individual in connection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia.
(b) The prohibition on the payment of annuity or retired pay applies—
(1) with respect to matters specified by subsection (a)(1) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 1, 1954, whichever is later; and
(2) with respect to matters specified by subsection (a)(2) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 26, 1961, whichever is later.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8316. Refund of contributions and deposits
(a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by
(1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and
(2) deposits made under
shall be refunded, on appropriate application therefor—
(A) to the individual;
(B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or
(C) if a beneficiary is not designated, in the order of precedence prescribed by
(b) A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—
(1) if the individual was convicted of an offense named by
(2) if the individual was convicted of an offense named by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
||
| Sept. 26, 1961, |
This section is reorganized for clarity and conciseness.
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 5 of the Uniform Services Contingency Option Act of 1953 (
§8317. Repayment of annuity or retired pay properly paid; waiver
(a) An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest.
(b) An individual, including an eligible beneficiary under
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Sept. 26, 1961, |
|
| (b) | Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 5 of the Uniformed Services Contingency Option Act of 1953 (
§8318. Restoration of annuity or retired pay
(a) If an individual who was convicted, before, on, or after September 1, 1954, of—
(1) an offense named by
(2) an offense constituting a violation of
is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
(b) The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under
(c) Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—
(1) the date of pardon referred to by subsection (a) of this section; or
(2) the effective date of restoration referred to by subsection (b) of this section.
(d) Credit for a period of service covered by a refund under
(e) The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The section is reorganized for clarity and conciseness.
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of
Amendments
1996—Subsec. (e).
§8319. Removal of members of the uniformed services from rolls; restoration; reappointment
(a) The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter.
(b) The President may restore—
(1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (
(2) all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls.
(c) If the individual restored was a commissioned officer, the President alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 2 of the Act of September 26, 1961 (
§8320. Offense or violation committed in compliance with orders
When it is established by satisfactory evidence that an individual—
(1) was convicted of an offense named by
(2) violated
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The reference to conviction of an offense which constitutes a violation of former section 2283 (which is carried into this title as sections 8314 and 8315) is omitted as being covered by the words "violated
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8321. Liability of accountable employees
An accountable employee may not be held responsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8322. Effect on other statutes
This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Retroactive Restoration of Annuity and Retired Pay; Redeposits of Contributions and Offsets
Section 2 of
"(a) Subject to subsection (b) of this section, any person, including his survivor or beneficiary, to whom annuity or retired pay is not payable under the Act of September 1, 1954 [this subchapter], as in effect at any time prior to the date of enactment of this Act [Sept. 26, 1961], by reason of any conviction of an offense, any commission of a violation, any refusal to answer, or any absence under indictment, or under charges, for any offense, shall be restored the right to receive such annuity or retired pay for any and all periods for which he would have had the right to receive such annuity or retired pay if the Act of September 1, 1954 [this subchapter], had not been enacted, unless, under the amendment made by the first section of this Act [amending former
"(b) No annuity accrued or accruing, prior to, on, or after the date of enactment of this Act [Sept. 26, 1961], on account of the restoration, by reason of the amendment made by the first section of this Act [amending former
SUBCHAPTER III—CIVIL SERVICE RETIREMENT
§8331. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) an employee as defined by
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government for the purpose of protecting or furthering the interests of the United States during an interruption of diplomatic or consular relations, and (iii) for whose services reimbursement is made to the foreign government by the United States;
(K) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (
(L) an employee described in section 2105(c) who has made an election under section 8347(q)(1) to remain covered under this subchapter;
but does not include—
(i) a justice or judge of the United States as defined by
(ii) an employee subject to another retirement system for Government employees (besides any employee excluded by clause (x), but including any employee who has made an election under section 8347(q)(2) to remain covered by a retirement system established for employees described in section 2105(c));
(iii) an employee or group of employees in or under an Executive agency excluded by the Office of Personnel Management under
(iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Office under
(v) an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by
(vi) a construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority;
(vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under
(viii) an employee under the Library of Congress excluded by the Librarian of Congress under
(ix) a student-employee as defined by
(x) an employee subject to the Federal Employees' Retirement System;
(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under
(xii) a member of the Foreign Service (as described in section 103(6) of the Foreign Service Act of 1980), appointed after December 31, 1987.
Notwithstanding this paragraph, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this subchapter. For the purpose of the preceding sentence, "teacher" and "teaching position" have the meanings given them by
(2) "Member" means a Member of Congress as defined by
(3) "basic pay" includes—
(A) the amount a Member received from April 1, 1954, to February 28, 1955, as expense allowance under section 601(b) of the Legislative Reorganization Act of 1946 (
(B) additional pay provided by—
(i) subsection (a) of
(ii)
(C) premium pay under
(D) with respect to a law enforcement officer, premium pay under
(E) availability pay—
(i) received by a criminal investigator under
(ii) received after September 11, 2001, by a Federal air marshal or criminal investigator (as defined in section 5545a(a)(2)) of the Transportation Security Administration, subject to all restrictions and earning limitations imposed on criminal investigators receiving such pay under section 5545a, including the premium pay limitations under section 5547;
(F) pay as provided in section 5545b(b)(2) and (c)(2);
(G) with respect to a customs officer (referred to in subsection (e)(1) of section 5 of the Act of February 13, 1911), compensation for overtime inspectional services provided for under subsection (a) of such section 5, but not to exceed 50 percent of any statutory maximum in overtime pay for customs officers which is in effect for the year involved;
(H) any amount received under section 5948 (relating to physicians comparability allowances); and
(I) with respect to a border patrol agent, the amount of supplemental pay received through application of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay for scheduled overtime within the regular tour of duty of the border patrol agent as provided in section 5550;
but does not include bonuses, allowances, overtime pay, military pay, pay given in addition to the base pay of the position as fixed by law or regulation except as provided by subparagraphs (B) through (I) of this paragraph 1 retroactive pay under
(4) "average pay" means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity under subsection (d) or (e)(1) of
(5) "Fund" means the Civil Service Retirement and Disability Fund;
[(6) Repealed.
(7) "Government" means the Government of the United States, the government of the District of Columbia, Gallaudet University, and, in the case of an employee described in paragraph (1)(L), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);
(8) "lump-sum credit" means the unrefunded amount consisting of—
(A) retirement deductions made from the basic pay of an employee or Member;
(B) amounts deposited by an employee or Member covering earlier service, including any amounts deposited under
(C) interest on the deductions and deposits at 4 percent a year to December 31, 1947, and 3 percent a year thereafter compounded annually to December 31, 1956, or, in the case of an employee or Member separated or transferred to a position in which he does not continue subject to this subchapter before he has completed 5 years of civilian service, to the date of the separation or transfer;
but does not include interest—
(i) if the service covered thereby aggregates 1 year or less; or
(ii) for the fractional part of a month in the total service;
(9) "annuitant" means a former employee or Member who, on the basis of his service, meets all requirements of this subchapter for title to annuity and files claim therefor;
(10) "survivor" means an individual entitled to annuity under this subchapter based on the service of a deceased employee, Member, or annuitant;
(11) "survivor annuitant" means a survivor who files claim for annuity;
(12) "service" means employment creditable under
(13) "military service" means honorable active service—
(A) in the armed forces;
(B) in the Regular or Reserve Corps 2 of the Public Health Service after June 30, 1960; or
(C) as a commissioned officer of the Environmental Science Services Administration after June 30, 1961;
and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined in
(14) "Member service" means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member;
(15) "price index" means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics;
(16) "base month" means the month for which the price index showed a percent rise forming the basis for a cost-of-living annuity increase;
(17) "normal-cost percentage" means the entry-age normal cost computed by the Office of Personnel Management in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
(18) "Fund balance" means the current net assets of the Fund available for payment of benefits, as determined by the Office in accordance with appropriate accounting standards, but does not include any amount attributable to—
(A) the Federal Employees' Retirement System; or
(B) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;
(19) "unfunded liability" means the estimated excess of the present value of all benefits payable from the Fund to employees and Members, and former employees and Members, subject to this subchapter, and to their survivors, over the sum of—
(A) the present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this subchapter and of future agency contributions to be made in their behalf; plus
(B) the present value of Government payments to the Fund under
(C) the Fund balance as of the date the unfunded liability is determined;
(20) "law enforcement officer" means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this paragraph, "detention" includes the duties of—
(A) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated;
(B) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated;
(C) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and
(D) employees of the Department of Corrections of the District of Columbia, its industries and utilities;
whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniformed Code of Military Justice (
(21) "firefighter" means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position;
(22) "bankruptcy judge" means an individual—
(A) who is appointed under section 34 of the Bankruptcy Act (
(i) who is serving as a United States bankruptcy judge on March 31, 1984; or
(ii) whose service as a United States bankruptcy judge at any time in the period beginning on October 1, 1979, and ending on July 10, 1984, is terminated by reason of death or disability; or
(B) who is appointed as a bankruptcy judge under
(23) "former spouse" means a former spouse of an individual—
(A) if such individual performed at least 18 months of civilian service covered under this subchapter as an employee or Member, and
(B) if the former spouse was married to such individual for at least 9 months;
(24) "Indian court" means an Indian court as defined by section 201(3) of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes", approved April 11, 1968 (
(25) "magistrate judge" or "United States magistrate judge" means an individual appointed under
(26) "Court of Federal Claims judge" means a judge of the United States Court of Federal Claims who is appointed under
(27) "Nuclear materials courier"—
(A) means an employee of the Department of Energy, the duties of whose position are primarily to transport, and provide armed escort and protection during transit of, nuclear weapons, nuclear weapon components, strategic quantities of special nuclear materials or other materials related to national security; and
(B) includes an employee who is transferred directly to a supervisory or administrative position within the same Department of Energy organization, after performing duties referred to in subparagraph (A) for at least 3 years;
(28) "Government physician" has the meaning given that term under section 5948;
(29) "dynamic assumptions" means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic pay; and
(C) rates of price inflation;
(30) the term "air traffic controller" or "controller" means—
(A) a controller within the meaning of section 2109(1); and
(B) a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B);
(31) "customs and border protection officer" means an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years;
(32) "Director" means the Director of the Office of Personnel Management; and
(33) "representative payee" means a person (including an organization) designated under section 8345(e)(1) to receive payments on behalf of a minor or an individual mentally incompetent or under other legal disability.
(
In paragraph (1), the specific exception of the President, appearing in former section 2252(b), is omitted as unnecessary because he is not included in the definition of "employee".
In paragraph (1)(B), the definition of "Congressional employee" in former section 2251(c) is omitted as unnecessary in view of the definition of the term in section 2107.
In paragraph (1)(E), the words "Notwithstanding any other provision of law or any Executive order" are omitted as unnecessary.
In paragraph (1)(i), the words "justice or" are added on authority of
Paragraph (1)(iii) and (iv) is based on former section 2252(e), which is carried into section 8347(g) and (h).
Paragraph (1)(vii) and (viii) is based on former section 2252(f), which is carried in part into section 8347(i) and (j).
In paragraph (1), the last sentence is added on authority of former section 2351, which is scheduled for transfer to
In paragraph (3), the words "or lump-sum leave payments under subchapter VI of
In paragraph (4)(B), references to
In paragraph (5), the words "the Civil Service Retirement and Disability Fund" are substituted for "the civil service retirement and disability fund created by the Act of May 22, 1920".
In paragraph (7), the words "Government of the United States" are coextensive with and substituted for "the executive, judicial, and legislative branches of the United States Government, including Government-owned or controlled corporation".
In paragraph (13), the words "armed forces" are coextensive with and substituted for "Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States" in view of the definition of "armed forces" in section 2101.
The definition of "Commission" in former section 2251(m) is omitted as unnecessary as the title "Civil Service Commission" is fully set out the first time it is used in each section.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8331(1)(B), (C) | 5 App.: 2252(c). | Sept. 26, 1966, |
| 8331(3)(B) (ii) | 5 App.: 932h(c). | Oct. 29, 1965, |
| 5 App.: 932i(c). | July 18, 1966, |
|
| 8331(13) | [No source]. | [No source]. |
| 8331(15), (16) | 5 App.: 2251(t). | Sept. 27, 1965, |
In paragraphs (1)(C), (D) and (2), the words "become subject to" are substituted for "come within the purview of" for consistency within the subchapter.
In paragraph (3)(B)(ii), references to
In paragraph (8)(C), the words "in which he does not continue subject to" are substituted for "not within the purview of" for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to this subchapter.
The amendment to paragraph (13) reflects Reorganization Plan No. 2 of 1965 (
Editorial Notes
References in Text
Section 1(b) of the act of August 25, 1958 (
Section 5 of the Presidential Transition Act of 1963, referred to in par. (1)(K), is section 5 of
Section 103(6) of the Foreign Service Act of 1980, referred to in par. (1)(xii), is classified to
Section 601(b) of the Legislative Reorganization Act of 1946 (
Section 5 of the Act of February 13, 1911, referred to in par. (3)(G), is classified to
The Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, referred to in par. (18)(B), is
The Bankruptcy Act, referred to in par. (22)(A), is act July 1, 1898, ch. 541,
Section 404(d) of the Act of November 6, 1978, referred to in par. (22)(A), is section 404(d) of
Section 167 of the Federal Courts Improvement Act of 1982, referred to in par. (26), is section 167 of
Amendments
2020—Par. (33).
2018—Par. (3)(E)(ii).
2016—Par. (1)(K).
2014—Par. (3).
Par. (3)(I).
2012—Par. (32).
2008—Par. (13).
2007—Pars. (29) to (31).
2003—Par. (17).
Par. (18).
"(A) the investments of the Fund calculated at par value; and
"(B) the cash balance of the Fund on the books of the Treasury;
"but does not include any amount attributable to—
"(i) the Federal Employees' Retirement System; or
"(ii) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;".
Pars. (27), (28).
Par. (29).
2001—Par. (3)(E).
2000—Par. (3).
Par. (3)(H).
Par. (28).
1998—Par. (3).
Par. (27).
1994—Par. (13).
1993—Par. (3).
1992—Par. (1)(L).
Par. (1)(ii).
Par. (7).
Par. (26).
1990—Par. (1)(L).
Par. (1)(ii).
Par. (1)(v).
Par. (7).
Par. (26).
1988—Par. (1)(K).
Par. (1)(xii).
Par. (18).
"(i) the Federal Employees' Retirement System; or
"(ii) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;".
1987—Par. (22).
"(A) who is serving as a United States bankruptcy judge on March 31, 1984;
"(B) whose service as United States bankruptcy judge at any time in the period beginning on October 1, 1979, and ending on July 10, 1984, is terminated by reason of death or disability; or
"(C) who is appointed as a bankruptcy judge under
Par. (25).
1986—Par. (1)(G).
Par. (1)(ii).
Par. (1)(x).
Par. (1)(xi).
Par. (2).
1984—Par. (22).
Par. (22)(A).
Par. (22)(B).
Par. (22)(C).
Pars. (23), (24).
1982—Par. (8)(B).
1980—Par. (6).
1979—Par. (2).
Par. (19)(C).
1978—Pars. (1), (17), (20).
Par. (22).
1975—Par. (4).
1974—Par. (3).
Pars. (20), (21).
1972—Par. (1)(J).
1969—Par. (4)(A).
Pars. (17) to (19).
1968—Par. (3)(B)(ii).
1966—Par. (3).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see
Words "magistrate judge" and "United States magistrate judge" substituted for "magistrate" and "United States magistrate", respectively, in par. (25) pursuant to section 321 of
Gallaudet College, referred to in par. (1)(H), redesignated Gallaudet University by section 101(a) of
Commissioned Officer Corps of Environmental Science Services Administration, referred to in par. (13)(C), changed to Commissioned Officer Corps of National Oceanic and Atmospheric Administration, see 1970 Reorg. Plan No. 4, §4(d), eff. Oct. 3, 1970, 35 F.R. 15627,
Effective Date of 2020 Amendment
"(1) shall take effect on the date of the enactment of this Act [Mar. 18, 2020]; and
"(2) apply on and after the effective date of the regulations promulgated under section 3(b)(1) [set out as a note under this section]."
Effective Date of 2018 Amendment; Applicability
"(1)
"(2)
"(A)
"(B)
Effective Date of 2014 Amendment
Amendment by
Effective Date of 2012 Amendment
Effective Date of 2008 Amendment
"(1) any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of this Act [Jan. 28, 2008]; and
"(2) any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after the date of enactment of this Act."
Effective Date of 2007 Amendment; Transition Rules
Amendment by
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1998 Amendments
Amendment by
"(m)
"(1) September 30, 1998; or
"(2) the date of the enactment of this Act [Oct. 17, 1998].
"(n)
"(A) October 1, 1998; or
"(B) the date of the enactment of this Act.
"(2)(A) The amendments made by subsection (a) [amending
"(B) The amendments made by subsections (d) and (k) [amending
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Effective Date of 1992 Amendments
Amendment by
Amendment by section 2(57)(A) of
Effective Date of 1990 Amendments
Amendment by
Effective Date of 1987 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendments
Amendment by
"(a) Except as provided in subsection (b), this Act and the amendments made by this Act [renumbering a provision set out as a note under
"(b) The amendments made by section 2 [amending this section and
Amendment by
Effective Date of 1982 Amendment
Effective Date of 1980 Amendment
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date of 1974 Amendment
Amendment by section 2(a) of
Effective Date of 1972 Amendment
Effective Date of 1969 Amendment
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Short Title of 1987 Amendment
Short Title of 1986 Amendment
Short Title of 1984 Amendment
Short Title of 1969 Amendment
Regulations
"(1) shall promulgate regulations to carry out the amendments made by section 2 [enacting
"(2) may promulgate additional regulations relating to the administration of the representative payee program."
Savings Provision
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Retirement Treatment for Capitol Police Hazardous Materials Response Team Members
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) 'incumbent' means an individual who—
"(i) is first appointed as a hazardous materials response team member of the Capitol Police before the effective date of this section; and
"(ii) is employed as a hazardous materials response team member of the Capitol Police on that date; and
"(B) 'prior service' means any period of service performed by an incumbent as a hazardous materials response team member of the Capitol Police before the effective date of this section.
"(2)
"(A)
"(i) the difference between the individual contributions that were actually made for such prior service and the individual contributions that would have been made for such service if subsection (a) had then been in effect; and
"(ii) interest computed on the amount under clause (i) based on
"(B)
"(3)
"(A) the difference between the Government contributions that were actually made for such prior service and the Government contributions that would have been made for such service if subsection (a) had then been in effect; and
"(B) interest computed on the amount under subparagraph (A) based on
"(c)
Supreme Court Police Retirement
"(a)
"(1)
"(2)
"(A)(i) the difference between—
"(I) the amount that was deducted and withheld from basic pay under chapters 83 and 84 of
"(II) the amount that should have been deducted and withheld for such period of service, if it had instead been performed as a law enforcement officer; and
"(ii) interest as prescribed under
"(B) with respect to the period of service described in subparagraph (A), the difference between the Government contributions that were in fact made to the Civil Service Retirement and Disability Fund for such service, and the amount that would have been required if such service had instead been performed as a law enforcement officer, subject to subsection (f).
"(3)
"(b)
"(c)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
"(h)
"(i)
"(j)
Federal Retirement Coverage Errors Correction
"SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2002. DEFINITIONS.
"For purposes of this title:
"(1)
"(2) CSRS.—The term 'CSRS' means the Civil Service Retirement System.
"(3) CSRDF.—The term 'CSRDF' means the Civil Service Retirement and Disability Fund.
"(4) CSRS
"(5) CSRS-
"(6)
"(7)
"(8) FERS.—The term 'FERS' means the Federal Employees' Retirement System.
"(9) FERS
"(10)
"(11) OASDI
"(12) OASDI
"(13) OASDI
"(14) OASDI
"(15)
"(16)
"(17)
"(18)
"(A) constitutes employment under section 210 of the Social Security Act (
"(B)(i) is subject to OASDI taxes; but
"(ii) is not subject to CSRS or FERS.
"(19)
"(20)
"SEC. 2003. APPLICABILITY.
"(a)
"(b)
"SEC. 2004. IRREVOCABILITY OF ELECTIONS.
"Any election made (or deemed to have been made) by an employee or any other individual under this title shall be irrevocable.
"Subtitle A—Description of Retirement Coverage Errors to Which This Title Applies and Measures for Their Rectification
"chapter 1 —employees and annuitants who should have been fers covered, but who were erroneously csrs covered or csrs-offset covered instead, and survivors of such employees and annuitants
"SEC. 2101. EMPLOYEES.
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
"(3)
"(c)
"(1)
"(2)
"(A)
"(i) CSRS-
"(ii)
"(B)
"(C)
"(3)
"SEC. 2102. ANNUITANTS AND SURVIVORS.
"(a)
"(1) an annuitant who should have been FERS covered but, as a result of a retirement coverage error, was CSRS covered or CSRS-Offset covered instead; or
"(2) a survivor of an employee who should have been FERS covered but, as a result of a retirement coverage error, was CSRS covered or CSRS-Offset covered instead.
"(b)
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
"(A) a surviving spouse elects CSRS-Offset benefits; and
"(B) a FERS basic employee death benefit under
then the survivor's CSRS-Offset benefit shall be subject to a reduction, under regulations prescribed by the Office. The reduced annuity to which the individual is entitled shall be equal to an amount which, when taken together with the amount of the payment referred to under subparagraph (B) would result in the present value of the total being actuarially equivalent to the present value of an unreduced CSRS-Offset annuity that would have been provided the individual.
"(5)
"(c)
"(1)
"(2)
"chapter 2 —employee who should have been fers covered, csrs-offset covered, or csrs covered, but who was erroneously social security-only covered instead
"SEC. 2111. APPLICABILITY.
"This chapter shall apply in the case of any employee who—
"(1) should be (or should have been) FERS covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead;
"(2) should be (or should have been) CSRS-Offset covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead; or
"(3) should be (or should have been) CSRS covered but, as a result of a retirement coverage error, is (or was) Social Security-Only covered instead.
"SEC. 2112. CORRECTION MANDATORY.
"(a)
"(b)
"chapter 3 —employee who should or could have been social security-only covered but who was erroneously csrs-offset covered or csrs covered instead
"SEC. 2121. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, BUT WHO IS ERRONEOUSLY CSRS OR CSRS-OFFSET COVERED INSTEAD.
"(a)
"(b)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(c)
"(1)
"(2)
"(3)
"chapter 4 —employee who was erroneously fers covered
"SEC. 2131. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, CSRS COVERED, OR CSRS-OFFSET COVERED AND IS NOT FERS-ELIGIBLE, BUT WHO IS ERRONEOUSLY FERS COVERED INSTEAD.
"(a)
"(b)
"(1)
"(2)
"(A)
"(i)
"(ii)
"(B)
"(3)
"(4)
"(c)
"(1)
"(2)
"(3)
"(4)
"SEC. 2132. FERS-ELIGIBLE EMPLOYEE WHO SHOULD HAVE BEEN CSRS COVERED, CSRS-OFFSET COVERED, OR SOCIAL SECURITY-ONLY COVERED, BUT WHO WAS ERRONEOUSLY FERS COVERED INSTEAD WITHOUT AN ELECTION.
"(a)
"(1)
"(A) is deemed to have elected FERS coverage; and
"(B) shall remain covered by FERS, unless the individual declines, under regulations prescribed by the Office, to be FERS covered.
"(2)
"(b)
"(c)
"SEC. 2133. RETROACTIVE EFFECT.
"This chapter shall be effective as of January 1, 1987, except that section 2132 shall not apply to individuals who made or were deemed to have made elections similar to those provided in this section under regulations prescribed by the Office before the effective date of this title.
"chapter 5 —employee who should have been csrs-offset covered, but who was erroneously csrs covered instead
"SEC. 2141. APPLICABILITY.
"This chapter shall apply in the case of any employee who should be (or should have been) CSRS-Offset covered but, as a result of a retirement coverage error, is (or was) CSRS covered instead.
"SEC. 2142. CORRECTION MANDATORY.
"(a)
"(b)
"chapter 6 —employee who should have been csrs covered, but who was erroneously csrs-offset covered instead
"SEC. 2151. APPLICABILITY.
"This chapter shall apply in the case of any employee who should be (or should have been) CSRS covered but, as a result of a retirement coverage error, is (or was) CSRS-Offset covered instead.
"SEC. 2152. CORRECTION MANDATORY.
"(a)
"(b)
"Subtitle B—General Provisions
"SEC. 2201. IDENTIFICATION AND NOTIFICATION REQUIREMENTS.
"Government agencies shall take all such measures as may be reasonable and appropriate to promptly identify and notify individuals who are (or have been) affected by a retirement coverage error of their rights under this title.
"SEC. 2202. INFORMATION TO BE FURNISHED TO AND BY AUTHORITIES ADMINISTERING THIS TITLE.
"(a)
"(1) the Director of the Office of Personnel Management;
"(2) the Commissioner of Social Security; and
"(3) the Executive Director of the Federal Retirement Thrift Investment Board.
"(b)
"(c)
"(d)
"(1) request or provide only such information as that authority considers necessary; and
"(2) establish, by regulation or otherwise, appropriate safeguards to ensure that any information obtained under this section shall be used only for the purpose authorized.
"SEC. 2203. SERVICE CREDIT DEPOSITS.
"(a) CSRS
"(1) a FERS covered employee was erroneously CSRS covered or CSRS-Offset covered;
"(2) the employee made a service credit deposit under the CSRS rules; and
"(3) there is a subsequent retroactive change to FERS coverage,
the excess of the amount of the CSRS civilian or military service credit deposit over the FERS civilian or military service credit deposit, together with interest computed in accordance with paragraphs (2) and (3) of
"(b)
"(1)
"(A) the employee owed a service credit deposit under
"(B)(i) there is a subsequent retroactive change to CSRS or CSRS-Offset coverage; or
"(ii) the service becomes creditable under
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"SEC. 2204. PROVISIONS RELATED TO SOCIAL SECURITY COVERAGE OF MISCLASSIFIED EMPLOYEES.
"(a)
"(1) 'covered individual' means any employee, former employee, or annuitant who—
"(A) is or was employed erroneously subject to CSRS coverage as a result of a retirement coverage error; and
"(B) is or was retroactively converted to CSRS-offset coverage, FERS coverage, or Social Security-Only coverage; and
"(2) 'excess CSRS deduction amount' means an amount equal to the difference between the CSRS deductions withheld and the CSRS-Offset or FERS deductions, if any, due with respect to a covered individual during the entire period the individual was erroneously subject to CSRS coverage as a result of a retirement coverage error.
"(b)
"(1)
"(A) the total wages (as defined in section 3121(a) of the Internal Revenue Code of 1986 [
"(B) such additional information as the Commissioner may require for the purpose of carrying out the Commissioner's responsibilities under title II of the Social Security Act (
"(2)
"(3)
"(c)
"(d)
"(1)
"(2)
"SEC. 2205. THRIFT SAVINGS PLAN TREATMENT FOR CERTAIN INDIVIDUALS.
"(a)
"(1) is eligible to make an election of coverage under section 2101 or 2102, and only if FERS coverage is elected (or remains in effect) for the employee involved; or
"(2) is described in section 2111, and makes or has made retroactive employee contributions to the Thrift Savings Fund under regulations prescribed by the Executive Director.
"(b)
"(1)
"(A)
"(B)
"(C)
"(2)
"(c)
"(1)
"(2)
"SEC. 2206. CERTAIN AGENCY AMOUNTS TO BE PAID INTO OR REMAIN IN THE CSRDF.
"(a)
"(1)
"(A) remain in the CSRDF; and
"(B) may not be paid or credited to an agency.
"(2)
"(b)
"(1) shall pay the required additional amount into the CSRDF; and
"(2) shall not seek repayment of that amount from the employee, former employee, annuitant, or survivor.
"SEC. 2207. CSRS COVERAGE DETERMINATIONS TO BE APPROVED BY OPM.
"No agency shall place an individual under CSRS coverage unless—
"(1) the individual has been employed with CSRS coverage within the preceding 365 days; or
"(2) the Office has agreed in writing that the agency's coverage determination is correct.
"SEC. 2208. DISCRETIONARY ACTIONS BY DIRECTOR.
"(a)
"(1) extend the deadlines for making elections under this title in circumstances involving an individual's inability to make a timely election due to a cause beyond the individual's control;
"(2) provide for the reimbursement of necessary and reasonable expenses incurred by an individual with respect to settlement of a claim for losses resulting from a retirement coverage error, including attorney's fees, court costs, and other actual expenses;
"(3) compensate an individual for monetary losses that are a direct and proximate result of a retirement coverage error, excluding claimed losses relating to forgone contributions and earnings under the Thrift Savings Plan under subchapter III of
"(4) waive payments required due to correction of a retirement coverage error under this title.
"(b)
"(c)
"(d)
"(e)
"SEC. 2209. REGULATIONS.
"(a)
"(b)
"Subtitle C—Other Provisions
"SEC. 2301. PROVISIONS TO AUTHORIZE CONTINUED CONFORMITY OF OTHER FEDERAL RETIREMENT SYSTEMS.
"(a)
"(1) the Civil Service Retirement System, to the extent this title relates to the Civil Service Retirement System; and
"(2) the Federal Employees' Retirement System, to the extent this title relates to the Federal Employees' Retirement System.
"(b)
"(1) the Civil Service Retirement System, to the extent this title relates to the Civil Service Retirement System; and
"(2) the Federal Employees' Retirement System, to the extent this title relates to the Federal Employees' Retirement System.
"SEC. 2302. AUTHORIZATION OF PAYMENTS.
"All payments authorized or required by this title to be paid from the Civil Service Retirement and Disability Fund, together with administrative expenses incurred by the Office in administering this title, shall be deemed to have been authorized to be paid from that Fund, which is appropriated for the payment thereof.
"SEC. 2303. INDIVIDUAL RIGHT OF ACTION PRESERVED FOR AMOUNTS NOT OTHERWISE PROVIDED FOR UNDER THIS TITLE.
"Nothing in this title shall preclude an individual from bringing a claim against the Government of the United States which such individual may have under section 1346(b) or
"Subtitle D—Effective Date
"SEC. 2401. EFFECTIVE DATE.
"Except as otherwise provided in this title, this title shall take effect on the date of the enactment of this Act [Sept. 19, 2000]."
Federal Employees' Retirement System Open Enrollment Act of 1997
Pilot Programs for Defense Employees Converted to Contractor Employees Due to Privatization at Closed Military Installations
"(a)
"(2) The Secretary of Defense shall select the military installations to be covered by a pilot program under this section.
"(b)
"(A) while employed by the Department of Defense at a military installation selected to participate in a pilot program, performed a function that was recommended, in a report of the Defense Base Closure and Realignment Commission submitted to the President under the Defense Base Closure and Realignment Act of 1990 ([part A of] title XXIX of
"(B) while so employed, separated from Federal service after being notified that the employee would be separated in a reduction in force resulting from such privatization;
"(C) at the time separated from Federal service, was covered under the Civil Service Retirement System, but was not eligible for an immediate annuity under the Civil Service Retirement System;
"(D) does not withdraw retirement contributions under
"(E) within 60 days following such separation, is employed by the defense contractor selected to privatize the function to perform substantially the same function performed by the person before the separation; and
"(F) remains employed by the defense contractor (or a successor defense contractor) or subcontractor of the defense contractor (or successor defense contractor) until attaining early deferred retirement age (unless the employment is sooner involuntarily terminated for reasons other than performance or conduct of the employee).
"(2) A person who, under paragraph (1), would otherwise be eligible for an early deferred annuity under this section shall not be eligible for such benefits if the person received separation pay or severance pay due to a separation described in subparagraph (B) of that paragraph unless the person repays the full amount of such pay with interest (computed at a rate determined appropriate by the Director of the Office of Personnel Management) to the Department of Defense before attaining early deferred retirement age.
"(c)
"(d)
"(B) Subject to subparagraph (C), for purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under
"(C) The average pay of a converted employee, as adjusted under subparagraph (B), may not exceed the amount to which an annuity of the converted employee could be increased under
"(2)(A) This paragraph applies to a converted employee who was a prevailing rate employee (as defined under section 5342(2) [5342(a)(2)] of
"(B) For purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under
"(e)
"(A) an increase in the average pay of the converted employee under subsection (d) upon which such benefits are computed; and
"(B) the commencement of an early deferred annuity in accordance with this section before the attainment of 62 years of age by the converted employee.
"(2) The estimated increase in the unfunded liability for each department referred to in paragraph (1) shall be determined by the Director of the Office of Personnel Management. In making the determination, the Director shall consider any savings to the Fund as a result of a pilot program established under this section. The Secretary of the military department concerned shall pay the amount so determined to the Director in 10 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in average pay under subsection (d) becomes effective.
"(f)
"(g)
"(h)
"(i)
"(j)
"(1) A review and evaluation of the program, including—
"(A) an evaluation of the success of the privatization outcomes of the program;
"(B) a comparison and evaluation of such privatization outcomes with the privatization outcomes with respect to facilities at other military installations closed or realigned under the base closure laws;
"(C) an evaluation of the impact of the program on the Federal workforce and whether the program results in the maintenance of a skilled workforce for defense contractors at an acceptable cost to the military department concerned; and
"(D) an assessment of the extent to which the program is a cost-effective means of facilitating privatization of the performance of Federal activities.
"(2) Recommendations relating to the expansion of the program to other installations and employees.
"(3) Any other recommendation relating to the program.
"(k)
"(l)
"(1) The term 'converted employee' means a person who, pursuant to subsection (b), is eligible for benefits under this section.
"(2) The term 'covered separation from Federal service' means a separation from Federal service as described under subsection (b)(1)(B).
"(3) The term 'Civil Service Retirement System' means the retirement system under subchapter III of
"(4) The term 'defense contractor' means any entity that—
"(A) contracts with the Department of Defense to perform a function previously performed by Department of Defense employees;
"(B) performs that function at the same installation at which such function was previously performed by Department of Defense employees or in the vicinity of that installation; and
"(C) is the employer of one or more converted employees.
"(5) The term 'early deferred retirement age' means the first age at which a converted employee would have been eligible for immediate retirement under subsection (a) or (b) of
"(6) The term 'severance pay' means severance pay payable under
"(7) The term 'separation pay' means separation pay payable under
"(m)
Additional Agency Contributions to Retirement Fund
"(a)
"(1)
"(A) who, on or after the date of the enactment of this Act [Mar. 30, 1994] retires under section 8336(d)(2) of such title; and
"(B) to whom a voluntary separation incentive payment has been or is to be paid by such agency based on that retirement.
"(2)
"(A) the term 'final basic pay', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor; and
"(B) the term 'voluntary separation incentive payment' means—
"(i) a voluntary separation incentive payment under section 3 [
"(ii) any separation pay under
"(b)
"(1)
"(A) the number of employees of such agency who, as of March 31st of such fiscal year, are subject to subchapter III of
"(B) $80.
"(2)
"(c)
Coordination With Pay Periods
Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital
[
Election of Coverage Under Chapter 84
"SEC. 301. ELECTIONS.
"(a)
"(B) An election under this paragraph may not be made before July 1, 1987, or after December 31, 1987.
"(2)(A) Any individual who, after June 30, 1987, becomes reemployed by the Federal Government, and who is then subject to subchapter III of
"(B) An election under this paragraph shall not be effective unless it is made during the six-month period beginning on the date on which reemployment commences.
"(3)(A) Except as provided in subparagraph (B), any individual—
"(i) who is excluded from the operation of subchapter III of
"(ii) with respect to whom
shall, for purposes of an election under paragraph (1) or (2), be treated as if such individual were subject to subchapter III of
"(B) An election under this paragraph may not be made by any individual who would be excluded from the operation of
"(4) A member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980 [
"(b)
"(1) If, as of December 31, 1986, the individual is subject to subchapter III of
"(A) to become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; or
"(B) to become subject to
An individual eligible to make an election under this paragraph may make the election described in subparagraph (A) or (B), but not both.
"(2) If, as of December 31, 1986, the individual is subject to subchapter III of
"(A) shall, as of January 1, 1987, become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; and
"(B) may (during the six-month period described in subsection (a)(1)(B)) elect to become subject to
"(3)(A) If, as of December 31, 1986, the individual is not subject to subchapter III of
"(i) elect to become subject to
"(ii) if such individual has not since made an election described in subparagraph (B), elect to become subject to subchapter III of
"(B) Nothing in this paragraph shall be considered to preclude the individual from electing to become subject to subchapter III of
"(i) during the period after December 31, 1986, and before July 1, 1987; or
"(ii) after December 31, 1987, if such individual has not since become subject to subchapter III of
"(C) Any individual who becomes subject to subchapter III of
"(c)
"(1) shall take effect beginning with the first pay period beginning after the date of the election; and
"(2) shall be irrevocable.
"(d)
"(2)(A) This subsection applies with respect to a former spouse who (based on the service of the individual involved) is entitled to benefits under
"(B) This subsection does not apply with respect to a former spouse who has ceased to be so entitled as a result of remarrying before age 55.
"(3) The requirement under paragraph (1) shall be considered satisfied with respect to a former spouse if the individual seeking to make the election establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—
"(A) that the former spouse's whereabouts cannot be determined; or
"(B) that, due to exceptional circumstances, requiring the individual to seek the former spouse's consent would otherwise be inappropriate.
"(4)(A) The Office shall, upon application of an individual, grant an extension for such individual to make an election referred to in paragraph (1) if such individual—
"(i) files application for extension before the end of the period during which such individual would otherwise be eligible to make such election; and
"(ii) demonstrates to the satisfaction of the Office that the extension is needed to secure the modification of a decree of divorce or annulment (or a court order or court-approved property settlement incident to any such decree) in order to satisfy the consent requirement under paragraph (1).
"(B) An extension under this paragraph shall be for 6 months or for such longer period as the Office considers appropriate.
"(e)
"SEC. 302. EFFECT OF AN ELECTION UNDER SECTION 301 TO BECOME SUBJECT TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
"(a)
"(1)(A) Any civilian service which is performed before the effective date of the election under section 301 shall not be creditable under
"(B) Any service described in subparagraph (A) which is covered service within the meaning of section 203(a)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
"(i) with respect to any such service performed before January 1, 1987, 1.3 percent of basic pay for such service was withheld in accordance with such Act or, if either such withholding was not made or was made, but the amount so withheld was subsequently refunded, 1.3 percent of basic pay for such period is deposited to the credit of the Civil Service Retirement and Disability Fund (hereinafter in this section referred to as the 'Fund'), with interest (computed under section 8334(e) of such title); and
"(ii) with respect to any such service performed after December 31, 1986, and before the effective date of the election, an amount equal to the percentage of basic pay for such service which would be required to be withheld under
"(C) Any service described in subparagraph (A)—
"(i) which is not covered service;
"(ii) which constitutes service of a type described in
"(iii) which, in the aggregate, is equal to less than 5 years;
shall be creditable under
"(D) Any service described in subparagraph (A)—
"(i) which is not covered service;
"(ii) which constitutes service of a type described in
"(iii) which, in the aggregate, is equal to 5 years or more;
shall be creditable for purposes of—
"(I) section 8410 of such title, relating to the minimum period of civilian service required to be eligible for an annuity;
"(II) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, 8414, 8442(b)(1), 8443(a)(1), or 8451 of such title which relates to a minimum period of service for entitlement to an annuity;
"(III) the provisions of paragraphs (4) and (6);
"(IV) any provision of section 8412(d) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as a law enforcement officer or firefighter;
"(V) any provision of section 8412(e) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as an air traffic controller; and
"(VI) the provision of subsection (h) [now (i)] of section 8415 which relates to the minimum period of service required to qualify for the higher accrual rate under such subsection.
"(2)(A) Except as provided in subparagraph (B), the creditability under
"(B) If the electing individual has performed service described in clauses (i) through (iii) of paragraph (1)(D), service described in subparagraph (A) which, but for the provisions of subsection (b), would be creditable under subchapter III of
"(i) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, or 8414 of such title which relates to a minimum period of service for entitlement to an annuity; and
"(ii) the provisions of paragraph (4).
"(3)(A)(i) If the electing individual becomes entitled to an annuity under subchapter II of
"(ii) An annuity computed under this subparagraph shall be deemed to be the individual's annuity computed under
"(B) If the electing individual becomes entitled to an annuity under subchapter V of
"(4) Accrued benefits under this paragraph shall be computed in accordance with applicable provisions of subchapter III of
"(5) Accrued benefits under this paragraph shall be computed under
"(A) total service creditable under
"(B) with respect to service performed before such effective date—
"(i) creditable civilian service (as determined under applicable provisions of this subsection) other than any service described in paragraph (1)(D); and
"(ii) creditable military service (as determined under applicable provisions of this subsection) other than any service described in paragraph (2)(B).
"(6)(A) For purposes of any computation under paragraph (4) or (5), the average pay to be used shall be the largest annual rate resulting from averaging the individual's rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity based on service of less than 3 years, over the total period of service so creditable, with each rate weighted by the period it was in effect.
"(B) For purposes of subparagraph (A), service shall be considered creditable if it would be considered creditable for purposes of determining average pay under
"(7) The cost-of-living adjustments for the annuity of the electing individual shall be made as follows:
"(A) The portion of the annuity attributable to paragraph (4) shall be adjusted at the time and in the amount provided for under
"(B) The portion of the annuity attributable to paragraph (5) shall be adjusted at the time and in the amount provided for under
"(8) For purposes of any computation under paragraph (4) in the case of an individual who retires under
"(9) In computing the annuity under paragraph (3) for an individual retiring under
"(10) An annuity supplement under
"(11) Effective from its commencing date, an annuity payable to an annuitant's survivor (other than a child under