Employees Compensation Act

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5 USC Ch. 81: COMPENSATION FOR WORK INJURIES
From Title 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III—EMPLOYEES
Subpart G—Insurance and Annuities

CHAPTER 81—COMPENSATION FOR WORK INJURIES
SUBCHAPTER I—GENERALLY
Sec.

8101.
8102.
8102a.
8103.
8104.
8105.
8106.
8107.
8108.
8109.
8110.
8111.
8112.
8113.
8114.
8115.
8116.
8117.
8118.

Definitions.
Compensation for disability or death of employee.
Death gratuity for injuries incurred in connection with employee's service with an Armed Force.
Medical services and initial medical and other benefits.
Vocational rehabilitation.
Total disability.
Partial disability.
Compensation schedule.
Reduction of compensation for subsequent injury to same member.
Beneficiaries of awards unpaid at death; order of precedence.
Augmented compensation for dependents.
Additional compensation for services of attendants or vocational rehabilitation.
Maximum and minimum monthly payments.
Increase or decrease of basic compensation.
Computation of pay.
Determination of wage-earning capacity.
Limitations on right to receive compensation.
Time of accrual of right.
Election to use annual or sick leave.1

8119.
8120.
8121.
8122.
8123.
8124.
8125.
8126.
8127.
8128.
8129.
8130.
8131.
8132.
8133.
8134.
8135.
8136.
8137.
8138.
8139.
8140.
8141.
8142.
8143.
8143a.
8144.
8145.
8146.
8146a.
8147.

Notice of injury or death.
Report of injury.
Claim.
Time for making claim.
Physical examinations.
Findings and award; hearings.
Misbehavior at proceedings.
Subpenas; oaths; examination of witnesses.
Representation; attorneys' fees.
Review of award.
Recovery of overpayments.
Assignment of claim.
Subrogation of the United States.
Adjustment after recovery from a third person.
Compensation in case of death.
Funeral expenses; transportation of body.
Lump-sum payment.
Initial payments outside the United States.
Compensation for noncitizens and nonresidents.
Minimum limit modification for noncitizens and aliens.
Employees of the District of Columbia.
Members of the Reserve Officers' Training Corps.
Civil Air Patrol volunteers.
Peace Corps volunteers.
Job Corps enrollees; volunteers in service to America.
Members of the National Teacher Corps.
Student-employees.
Administration.
Administration for the Panama Canal Commission and The Alaska Railroad.
Cost-of-living adjustment of compensation.
Employees' Compensation Fund.
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8148.
8149.
8150.
8151.
8152.

Forfeiture of benefits by convicted felons.
Regulations.
Effect on other statutes.
Civil service retention rights.
Annual report.

8171.
8172.
8173.

SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
Compensation for work injuries; generally.
Employees not citizens or residents of the United States.
Liability under this subchapter exclusive.

8191.
8192.
8193.

SUBCHAPTER III—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
Determination of eligibility.
Benefits.
Administration.
E

N

A
2008—Pub. L. 110–181, div. A, title XI, §1105(b), Jan. 28, 2008, 122 Stat. 349, added item 8102a.
1995—Pub. L. 104–66, title I, §1102(b)(3)(B), Dec. 21, 1995, 109 Stat. 723, added item 8152.
1994—Pub. L. 103–333, title I, §101(a)(2), Sept. 30, 1994, 108 Stat. 2547, added item 8148.
1979—Pub. L. 96–70, title III, §3302(e)(12), Sept. 27, 1979, 93 Stat. 499, substituted "Panama Canal

Commission" for "Canal Zone" in item 8146.
1974—Pub. L. 93–416, §§12(b), 23(a), Sept. 7, 1974, 88 Stat. 1146, 1150, substituted "Notice of injury or
death" for "Notice of injury; failure to give" in item 8119, and added item 8151.
1968—Pub. L. 90–291, §1(b), Apr. 19, 1968, 82 Stat. 100, added subchapter III consisting of items 8191,
8192, and 8193.
1967—Pub. L. 90–83, §1(59), (66)(B), (67)(B), (70), Sept. 11, 1967, 81 Stat. 211, 212, 213, inserted
"; hearings" in item 8124, added item 8143a relating to members of the National Teachers Corps and item
8146a relating to cost-of-living adjustment of compensation, and struck out item 8148 relating to reports.
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 (72 Stat. 838);
(F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and
(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—
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(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 sections 521–535 of title 4, District of Columbia Code; and
(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 section 8113 of this title with respect to any period;
(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;
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(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 532; Pub. L. 90–83, §1(4), (48), Sept. 11, 1967, 81 Stat. 196, 209; Pub. L. 93–
416, §1, Sept. 7, 1974, 88 Stat. 1143; Pub. L. 96–499, title IV, §421(b), Dec. 5, 1980, 94 Stat. 2608; Pub. L. 97–463,
§4, Jan. 12, 1983, 96 Stat. 2532; Pub. L. 102–54, §13(b)(1), June 13, 1991, 105 Stat. 274; Pub. L. 114–326, §2(b)(1),
Dec. 16, 2016, 130 Stat. 1972.)
H
Derivation
(1)–(5), (12)–(16)

R
1966 A

U.S. Code
5 U.S.C. 790.

5 U.S.C. 794 (1st sentence).
[Uncodified].

(6)–(10)

5 U.S.C. 760(H).

(11)

5 U.S.C. 760(B) (last 23 words of 1st
sentence).

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §40, 39 Stat. 750.
June 5, 1924, ch. 261, §2, 43 Stat. 389.
May 31, 1938, ch. 293, 52 Stat. 586.
Apr. 11, 1940, ch. 79, §1, 54 Stat. 105.
July 1, 1944, ch. 373, §605(b), 58 Stat. 712.
Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049.
Oct. 14, 1949, ch. 691, §108, 63 Stat. 860.
July 30, 1956, ch. 779, §3(b), 70 Stat. 721.
Aug. 1, 1956, ch. 837, §501(e), 70 Stat. 883.
Aug. 8, 1958, Pub. L. 85–608, §302, 72 Stat.
539.
Sept. 13, 1960, Pub. L. 86–767, §208, 74
Stat. 908.
Sept. 4, 1964, Pub. L. 88–581, §4(b), 78 Stat.
919.
July 11, 1919, ch. 7, §11 (1st sentence), 41
Stat. 104.
Aug. 25, 1958, Pub. L. 85–745, §1(b) (last
sentence, as applicable to the Federal
Employees' Compensation Act), 72 Stat.
838.
Sept. 7, 1916, ch. 458, §10(H), 39 Stat. 745.
Feb. 12, 1927, ch. 110, §2, 44 Stat. 1087.
Sept. 7, 1916, ch. 458, §10(B) (last 15 words
of 1st sentence), 39 Stat. 744.
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Oct. 14, 1949, ch. 691, §106(c) "(B) (last 23
words of 1st sentence)", 63 Stat. 859.

Former section 790(a) is omitted as unnecessary in view of section 1 of title 1, United States Code.
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, 64 Stat. 1271) is fully
set out the first time it is used in each section.
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 sections 521–535 of title 4, District of Columbia Code" are
substituted for "under the provisions of the District of Columbia Appropriation Act approved September 1,
1916".
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 A
Section of title 5
8101(17)
8101(18)
8101(19)

Source (U.S.Code)
5 App.: 760(M).
5 App.: 793a(c)(1).
5 App.: 793a(c)(2).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §§7(c), 14
"Sec. 43(c)", 80 Stat. 254, 256.

Paragraph (17) is reorganized and restated for clarity and to conform to the style of title 5, United States
Code. In clause (D), the words "Secretary of Labor" are substituted for "Secretary" on authority of section
40(i) of the Federal Employees' Compensation Act.
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 "section 8146a of this title" are
substituted for "this section" to reflect the codification of section 43 in title 5.
E

R

N

T

Act of August 25, 1958, 72 Stat. 838, referred to in par. (1)(E), is set out as a note under section 102 of

Title 3, The President.

Section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par.
(1)(G), is classified to section 5165f of Title 42, The Public Health and Welfare.

A
2016—Par. (1)(D). Pub. L. 114–326, §2(b)(1)(A), struck out "and" after semicolon at end.
Par. (1)(F), (G). Pub. L. 114–326, §2(b)(1)(B)–(D), transferred subpar. (F) and inserted it between subpar.

(E) and concluding provisions, struck out "United States Code," after "title 28," in subpar. (F), and added
subpar. (G) after subpar. (F).
1991—Par. (20). Pub. L. 102–54 substituted "Department of Veterans Affairs" for "Veterans'
Administration".
1983—Par. (1)(F). Pub. L. 97–463 substituted "grand juror;" for "grand juror and who is otherwise an
employee for the purposes of this subchapter as defined by paragraph (A), (B), (C), (D), and (E) of this
subsection."
1980—Pars. (19) to (21). Pub. L. 96–499 struck out par. (19) which defined "base month" as the month of
July 1966 and each later month which was used as a basis for calculating an increase under section 8146a
of this title, and redesignated pars. (20) and (21) as (19) and (20), respectively.
1974—Par. (1)(D). Pub. L. 93–416, §1(g), struck out "and" after the semicolon.
Par. (1)(F). Pub. L. 93–416, §1(a), added par. (1)(F).
Par. (2). Pub. L. 93–416, §1(b), expanded definition of "physician" to include podiatrists, dentists, clinical
psychologists, optometrists, and chiropractors and inserted provision limiting the extent to which
chiropractors are included.
Par. (3). Pub. L. 93–416, §1(c), included within "medical, surgical, and hospital services and supplies"
those supplied by podiatrists, dentists, clinical psychologists, optometrists, and chiropractors and limited
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the reimbursable services of chiropractors.
Par. (5). Pub. L. 93–416, §1(d), added to definition of "injury" damage to or destruction of medical
braces, artificial limbs, and other prosthetic devices and excepted eyeglasses and hearing aids unless
damage or destruction is incidental to a personal injury requiring medical services.
Par. (11). Pub. L. 93–416, §1(e), substituted "the husband living with or dependent for support on the
decedent at the time of her death, or living apart for reasonable cause because of her desertion" for "one
who, because of physical or mental disability, was wholly dependent for support on the employee at the
time of her death" as definition of "widower".
Pars. (20), (21). Pub. L. 93–416, §1(f), added pars. (20) and (21).
1967—Par. (1)(iii). Pub. L. 90–83, §1(4), substituted "Environmental Science Services Administration" for
"Coast and Geodetic Survey". See Historical and Revision Notes under section 2101 of this title.
S

N

R

C

S

N

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready
Reserve Corps, see section 402(c)(3) of Title 42, The Public Health and Welfare.

E

D

1980 A

Pub. L. 96–499, title IV, §422, Dec. 5, 1980, 94 Stat. 2608, provided that: "The amendments made by
section 421 [amending this section and section 8146a of this title] shall take effect on the date of the
enactment of this Act [Dec. 5, 1980] with respect to any adjustments which are to be made on or after
that date; except that the period specified in such section as extending from December to December
shall, with respect to the adjustment to be made on March 1, 1981, extend instead from the last month in
which the price index resulted in an adjustment prior to enactment to December of 1980."

E

D

1974 A

Pub. L. 93–416, §28(a), Sept. 7, 1974, 88 Stat. 1151, provided that: "Except as otherwise provided by this
section this Act [enacting section 8151 of this title, amending this section and sections 8103, 8104, 8107, 8110,
8111, 8113, 8116, 8117, 8118, 8119, 8121, 8122, 8132, 8135, 8142, 8143, 8146a of this title, repealing section 3315a
of this title, and enacting provisions set out as notes under this section and section 8116 of this title] shall
take effect on the date of enactment [Sept. 7, 1974] and be applicable to any injury or death occurring on
or after such effective date [Sept. 7, 1974]. The amendments made by sections 1(b) and (c) [amending
this section], 2 [amending section 8103 of this title], 3 [amending section 8104 of this title], 7(a) and (b)
[amending section 8111 of this title], 8(a) [amending section 8113 of this title], 8(b) [amending section 8143 of this
title], 9 [amending section 8116 of this title], 16(a) [amending section 8133 of this title], 16(b) [amending section
8135 of this title], 17 [amending section 8133 of this title], 19 [amending section 8135 of this title], 20 [amending
section 8135 of this title], 21 [amending section 8146a of this title], 22 [enacting section 8151 of this title], 24
[amending section 8146a of this title], and 25 [amending section 8147 of this title], shall be applicable to cases
where the injury or death occurred prior to the date of enactment [Sept. 7, 1974] but the provisions of
these sections shall be applicable only to a period beginning on or after the date of enactment [Sept. 7,
1974]."

S

T

1990 A

Pub. L. 101–534, §1, Nov. 7, 1990, 104 Stat. 2352, provided that: "This Act [amending section 8111 of this
title and enacting provisions set out as a note under section 8111 of this title] may be cited as the 'Attendant

Allowance Adjustment Act'."

P

C

F

D

C

E

Pub. L. 93–198, title II, §204(e), Dec. 24, 1973, 87 Stat. 783, provided that: "All functions of the Secretary
under chapter 81 of title 5 of the United States Code, with respect to the processing of claims filed by
employees of the government of the District for compensation for work injuries, are transferred to and
shall be exercised by the Commissioner, effective the day after the day on which the District establishes
an independent personnel system or systems." An independent personnel system was established for the
District by D.C. Law 2–139, Mar. 3, 1979, 25 DCR 5740.

S

R

C
P

S
U

L

P

S
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Pub. L. 93–416, §27, Sept. 7, 1974, 88 Stat. 1150, directed Secretary of Labor to conduct a study of the
provisions of this subchapter and its programs which was to include: hearings, research, and other
activities necessary to formulate recommendations; an examination of need for authority to increase
allowances for services of attendants above the maximum fixed by section 8111 of this title in exceptional
circumstances; an examination of the effectiveness of this subchapter; and recommendations as to
survivor benefits; report results of the study together with his findings and recommendations not later
than 12 months after Sept. 7, 1974.
E

D

T

F

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, 84 Stat. 2090, set out in the Appendix to this title, which created National Oceanic
and Atmospheric Administration in Department of Commerce and transferred personnel, property,
records, and unexpended balances of funds of Environmental Science Services Administration to such
newly created National Oceanic and Atmospheric Administration. Components of Environmental Science
Services Administration thus transferred included Weather Bureau [now National Weather Service],
Coast and Geodetic Survey [now National Ocean Survey], Environmental Data Services, National
Environmental Satellite Center, and ESSA Research Laboratories.
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, 80
Stat. 1610, effective June 25, 1966, set out in the Appendix to this title. Secretary of Health, Education,
and Welfare redesignated Secretary of Health and Human Services by section 3508 of Title 20, Education.
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 534; Pub. L. 96–70, title I, §1231(d), Sept. 27, 1979, 93 Stat. 470.)
H
Derivation

U.S. Code
5 U.S.C. 751.

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §1, 39 Stat. 742.
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Aug. 8, 1958, Pub. L. 85–608, §301, 72 Stat.
538.

Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

N

R

T

Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (b), is classified to section 3602(a)

of Title 22, Foreign Relations and Intercourse.

A
1979—Subsec. (b). Pub. L. 96–70 substituted "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)" for "Canal Zone".
S

E

N

D

R

S

1979 A

Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an
Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

§8102a. Death gratuity for injuries incurred in connection with employee's service
with an Armed Force
(a) D
G
A
.—The United States shall pay a death gratuity of up to $100,000 to or for the
survivor prescribed by subsection (d) immediately upon receiving official notification of the death of an employee who
dies of injuries incurred in connection with the employee's service with an Armed Force in a contingency operation.
(b) R
P
C
C
.—At the discretion of the Secretary concerned, subsection (a) may
apply in the case of an employee who died, on or after October 7, 2001, and before the date of enactment of this
section, as a result of injuries incurred in connection with the employee's service with an Armed Force in the theater of
operations of Operation Enduring Freedom or Operation Iraqi Freedom.
(c) R
O
B
.—The death gratuity payable under this section shall be reduced by the
amount of any death gratuity provided under section 413 of the Foreign Service Act of 1980, section 1603 of the
Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, or
any other law of the United States based on the same death.
(d) E
S
.—
(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;
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(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) D
.—(1) The term "contingency operation" has the meaning given to that term in section 1482a(c) of
title 10, United States Code.
(2) The term "employee" has the meaning provided in section 8101 of this title, but also includes a nonappropriated
fund instrumentality employee, as defined in section 1587(a)(1) of title 10.
(Added Pub. L. 110–181, div. A, title XI, §1105(a), Jan. 28, 2008, 122 Stat. 347; amended Pub. L. 112–81, div. A, title
XI, §1121(a)(1), (b), Dec. 31, 2011, 125 Stat. 1616.)
E

N

R

T

The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 110–

181, which was approved Jan. 28, 2008.

Section 413 of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to section 3973 of

Title 22, Foreign Relations and Intercourse.

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 Pub. L. 109–234, title I,
June 15, 2006, 120 Stat. 443, which is not classified to the Code.
The date of the enactment of this paragraph, referred to in subsec. (d)(4), is the date of enactment of
Pub. L. 110–181, which was approved Jan. 28, 2008.

A
2011—Subsec. (d)(4). Pub. L. 112–81, §1121(a)(1), substituted "A person covered by this section may
designate another person to receive an amount payable under this section." for "Beginning on the date of
the enactment of this paragraph, a person covered by this section may designate another person to
receive not more than 50 percent of the amount payable under this section." and struck out "up to the
maximum of 50 percent" after "increments".
Subsec. (d)(6). Pub. L. 112–81, §1121(b), added par. (6).
S

E

N

D

R

S

2011 A

Pub. L. 112–81, div. A, title XI, §1121(a)(2), Dec. 31, 2011, 125 Stat. 1616, provided that: "The
amendments made by this subsection [amending this section] shall take effect on the date of enactment
of this Act [Dec. 31, 2011] and apply to the payment of a death gratuity based on any death occurring on
or after that date."

§8103. Medical services and initial medical and other benefits
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4/22/2021

(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
chapter 83 of this title or another retirement system for employees of the Government; and
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 90–83, §1(49), Sept. 11, 1967, 81 Stat. 209; Pub. L. 93–416, §2,
Sept. 7, 1974, 88 Stat. 1144.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §9, 39 Stat. 743.
June 26, 1926, ch. 695, §1, 44 Stat. 772.
Oct. 14, 1949, ch. 691, §202(b), 63 Stat. 862.
Sept. 13, 1960, Pub. L. 86–767, §203, 74
Stat. 907.

U.S. Code
5 U.S.C. 759(a).

In subsection (b), the words "when the immediate superior of the employee certifies" are substituted for
"upon certification by the person required by section 774 of this title to make reports of injury".
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, 64 Stat. 1271 (see section 8145).
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 A
Section of title 5
8103(a)(2)

Source (U.S. Code)
5 App.: 759(a).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §5(b), 80 Stat.
253.

The words "another retirement system for employees of the Government" are substituted for "any other
Federal Act or program providing retirement benefits for employees".
E

N

A
1974—Subsec. (a). Pub. L. 93–416 substituted "at the employee's option" for "when this is not
practicable", struck out "private" before "physicians and hospitals" in par. (3), and, in provision following
par. (3), added authorization for the employee to initially select a physician in accordance with such
regulations and instructions considered necessary by the Secretary.
S

E

N

D

R

S

1974 A
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4/22/2021

Amendment by Pub. L. 93–416 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 Pub. L. 93–416, set out as a
note under section 8101 of this title.

P

N

A

1967 I

Pub. L. 90–83, §7, Sept. 11, 1967, 81 Stat. 222, provided that: "Nothing in this or any other Act makes the
increases authorized by section 1(49)—(52) [amending this section and sections 8107, 8108, and 8109 of this
title], 53(B) and (C) [amending section 8110 of this title], (54)—(58) [amending section 8111, 8112, 8116, 8122,
and 8124 of this title], (60) [amending section 8131 of this title], (61) [amending section 8132 of this title], (62) (B)
[amending section 8133(e) of this title], (63) [amending section 8135 of this title], (67) [adding section 8146a of
this title], (68) [amending section 8147 of this title], and (71) [amending section 8149 of this title] of this Act
applicable to—
"(1) an employee or individual not within the definition of 'employee' in section 8101(1)(A), (B), or (D)
of title 5, United States Code;
"(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 chapter 4 of title 29, except to the extent that the Secretary of Labor provides for
furnishing these services under section 8103 of this title. The cost of providing these services to individuals undergoing
vocational rehabilitation under this section shall be paid from the Employees' Compensation Fund. However, in
reimbursing a State or corresponding agency under an arrangement pursuant to this section the cost to the agency
reimbursable in full under section 32(b)(1) of title 29 is excluded.
(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 sections 8105 and 8110 of this title,
less the amount of any earnings received from remunerative employment, other than employment undertaken pursuant
to such rehabilitation.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 93–416, §3, Sept. 7, 1974, 88 Stat. 1144.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §202(a), 63 Stat. 862.

U.S. Code
5 U.S.C. 759(b).

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, 64
Stat. 1271, and section 5 of 1953 Reorg. Plan No. 1, 67 Stat. 632.
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 (chapter 4 of title 29).
The words "section 32(b)(1) of title 29" are substituted for "section 33(a) (4) of title 29" on authority of the
Act of Aug. 3, 1954, ch. 655, §2, 68 Stat. 652. Reference is limited to section 32(b)(1) since section 32(b)
(2), (3) is obsolete.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

R

N

T

Chapter 4 of title 29, referred to in subsec. (a), refers to the Vocational Rehabilitation Act, act June 2,
1920, ch. 219, 41 Stat. 735, as amended. Section 32(b)(1) of title 29, also referred to in subsec. (a) (enacted
Sept. 6, 1966), did not reflect amendment of section 32(b) by Pub. L. 89–333 §2(a), Nov. 8, 1965, 79 Stat.
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4/22/2021

1282, which eliminated obsolete pars. (2) and (3) and redesignated par. (1) provisions as subsec. (b) and
amended such subsection. Section 32(b) of title 29, refers to section 2(b) of act June 2, 1920, as amended.
Such provisions were repealed by former section 500(a) of Pub. L. 93–112, title V, Sept. 26, 1973, 87 Stat.
390, and pursuant to former section 500(a) of Pub. L. 93–112, which also provided that references to the

Vocational Rehabilitation Act in other provisions of law were to be deemed a reference to the
Rehabilitation Act of 1973, and were covered by sections 701 et seq. and 731(a), respectively, of Title 29,
Labor.

A
1974—Pub. L. 93–416 designated existing provisions as subsec. (a) and added subsec. (b).
S

N

E

D

R

S

1974 A

Amendment by Pub. L. 93–416 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 Pub. L. 93–416, set out as a
note under section 8101 of this title.

T

F

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 section
3441 of Title 20, Education.

§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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535.)
H
Derivation

U.S. Code
5 U.S.C. 753.

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §3, 39 Stat. 743.
Oct. 14, 1949, ch. 691, §102, 63 Stat. 855.

In subsection (a), the words "Except as otherwise provided in sections 751–756, 757–781, 783–791, and

793 of this title" are omitted as surplusage.

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 selfemployment, 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
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compensation payable to the employee or otherwise recovered under section 8129 of this title, unless recovery is
waived under that section.
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 536.)
H
Derivation

U.S. Code
5 U.S.C. 754.

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §4, 39 Stat. 743.
Oct. 14, 1949, ch. 691, §103(a), 63 Stat. 855.

In subsection (a), the words "Except as otherwise provided in sections 751–756, 757–781, 783–791, and

793 of this title" are omitted as surplusage.

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, 64 Stat. 1271 (see section 8145).
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) section 8105 of this title if the disability is total; or
(2) section 8106 of this title if the disability is partial.
(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.
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(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 536; Pub. L. 90–83, §1(50), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, §§4,
5, Sept. 7, 1974, 88 Stat. 1144, 1145.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §5, 39 Stat. 743.
Oct. 14, 1949, ch. 691, §104 "Sec. 5(a), (b)",
63 Stat. 855.
Sept. 13, 1960, Pub. L. 86–767, §201, 74
Stat. 907.

U.S. Code
5 U.S.C. 755(a), (b).

The words "loss, or" are omitted throughout this section as included in "loss of use of".
In subsection (a)(B), the words "under sections 751–754 of this title" are omitted as surplusage.
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.
1967 A
Section of title 5
8107(a), (b).

Source (U.S.Code)
5 App.: 755(a), (b).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §2(a), (b), 80
Stat. 252.

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 "section 8105 of this title" and "section 8106 of this title" are substituted for "section 3" and "subsection
(a) of section 4", respectively, to reflect the codification of title 5.
E

N

A
1974—Subsec. (a). Pub. L. 93–416, §4, substituted "involving the loss, or loss of use" for "involving the
loss of use".
Subsec. (c)(22). Pub. L. 93–416, §5, added par. (22).

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S

N

E

R

D

S

1974 A

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on
or after such effective date, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this
title.

P

N

A

1967 I

Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see
section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8108. Reduction of compensation for subsequent injury to same member
The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of
compensation paid or payable under the schedule for an earlier injury if—
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, §1(51), Sept. 11, 1967, 81 Stat. 210.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §104 "Sec. 5(c)", 63
Stat. 857.

U.S. Code
5 U.S.C. 755(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.
1967 A
Section of title 5
8108

Source (U.S.Code)
5 App.: 755(c).

S

P

N

N

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §2(c), 80 Stat.
252.

R

A

S

1967 I

Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see
section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8109. Beneficiaries of awards unpaid at death; order of precedence
(a) If an individual—
(1) has sustained disability compensable under section 8107(a) of this title;
(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
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(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 section 8133(a)(5) of this title, or to both in
proportions provided by regulation.
(v) If there is no survivor in the above classes and no burial allowance is payable under section 8134 of this title,
an amount not exceeding that which would be expendable under section 8134 of this title if applicable shall be
paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he has paid the burial
expenses, but a compensated insurer or other person obligated by law or contract to pay the burial expenses or a
State or political subdivision or entity is deemed not equitably entitled.
(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 section 8107(a) of this title
even if at the time of death the individual was entitled to the augmented rate specified by section 8110 of this title.
(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 section 8133
of this title. When that entitlement ceases, compensation remaining unpaid under subsection (a) of this section is
payable to the surviving beneficiary in accordance with subsection (a) of this section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, §1(52), Sept. 11, 1967, 81 Stat. 210.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §104 "Sec. 5(d)", 63
Stat. 857.

U.S. Code
5 U.S.C. 755(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.
1967 A
Section of title 5
8109(a)(1)

Source (U.S.Code)
5 App.: 755(d)(1).

S

P

N

N

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §2(d), 80 Stat.
252.

R

S

A

1967 I

Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see
section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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;
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(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 section 8101 of this title
at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries.
(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 section 8105 or 8107(a) of
this title; and
(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 section 8106(a) of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90–83, §1(53), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, §6,
Sept. 7, 1974, 88 Stat. 1145.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §6, 39 Stat. 743.
Feb. 12, 1927, ch. 110, §1, 44 Stat. 1086.
May 13, 1936, ch. 382, 49 Stat. 1270.
Oct. 14, 1949, ch. 691, §105 "Sec. 6(a)", 63
Stat. 858.

U.S. Code
5 U.S.C. 756(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.
1967 A
Section of title 5
8110(a)

Source (U.S.Code)
5 App.: 756(a)(2) (C).

8110(b)

5 App.: 756(a)(1).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §7(b), 80 Stat.
254.
July 4, 1966, Pub. L. 89–488 §§2(e), 3(a), 80
Stat. 252.

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 1 U.S.C. 1. The words "section 8101 of this title" are substituted for "section
10(M) of this Act" to reflect the codification of that section in title 5.
E

N

A
1974—Subsec. (a)(2). Pub. L. 93–416 substituted provisions of subpars. (A), (B) and (C) for "wholly
dependent on the employee for support because of his own physical or mental disability".
S

E

N

D

R

S

1974 A

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on
or after such effective date, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this
title.
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4/22/2021

P

N

A

1967 I

Increases authorized under amendment by section 1(53)(B), (C) of Pub. L. 90–83 not applicable to
specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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 section 8104 of this title
additional compensation necessary for his maintenance, but not to exceed $200 a month.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90–83, §1(54), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, §7,
Sept. 7, 1974, 88 Stat. 1145; Pub. L. 101–534, §2, Nov. 7, 1990, 104 Stat. 2352.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §105 "Sec. 6(b)", 63
Stat. 858.
Sept. 13, 1960, Pub. L. 86–767, §101 (less
last 13 words), 74 Stat. 906.

U.S. Code
5 U.S.C. 756(b).

In subsection (a), the words "In addition to the monthly compensation otherwise specified in sections

751–756, 757–871, 783–791, and 793 of this title" are omitted as surplusage.

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, 64 Stat. 1271 (see section 8145).
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 A
Section of title 5
8111(a)

Source (U.S.Code)
5 App.: 756(b)(1).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §4(a), 80 Stat.
253.

E

N

A
1990—Subsec. (a). Pub. L. 101–534 substituted "$1,500" for "$500".
1974—Subsec. (a). Pub. L. 93–416, §7(a), substituted "$500" for "$300".
Subsec. (b). Pub. L. 93–416, §7(b), substituted "$200" for "$100".
S

E

N

D

R

S

1990 A

Pub. L. 101–534, §3, Nov. 7, 1990, 104 Stat. 2352, provided that: "The amendment made by section 2
[amending this section] shall take effect October 1, 1990."

E

D

1974 A

Amendment by Pub. L. 93–416 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 Pub. L. 93–416, set out as a
note under section 8101 of this title.
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4/22/2021

P

N

A

1967 I

Increases authorized under amendment by section 1(54) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8112. Maximum and minimum monthly payments
(a) Except as provided by section 8138 of this title, the monthly rate of compensation for disability, including
augmented compensation under section 8110 of this title but not including additional compensation under section 8111
of this title, may not be more than 75 percent of the monthly pay of the maximum rate of basic pay for GS–15, and in
case of total disability may not be less than 75 percent of the monthly pay of the minimum rate of basic pay for GS–2
or the amount of the monthly pay of the employee, whichever is less.
(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 section 351(a) or
1751(a) of title 18, and was sustained in the performance of duty.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90–83, §1(55), Sept. 11, 1967, 81 Stat. 210; Pub. L. 100–566, §5,
Oct. 31, 1988, 102 Stat. 2845.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §105 "Sec. 6(c)", 63
Stat. 859.
Sept. 13, 1960, Pub. L. 86–767, §101 (last 13
words), 74 Stat. 906.

U.S. Code
5 U.S.C. 756(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.
1967 A
Section of title 5
8112

Source (U.S.Code)
5 App.: 756(c).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §3(b), 80 Stat.
252.

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.
E

N

A
1988—Pub. L. 100–566 designated existing provisions as subsec. (a) and added subsec. (b).
S

P

N

N

R

A

S

1967 I

Increases authorized under amendment by section 1(55) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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;

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the Secretary of Labor, on review under section 8128 of this title after the time the wage-earning capacity of the
individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation
payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning
capacity.
(b) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under
section 8104 of this title, the Secretary, on review under section 8128 of this title and after finding that in the absence of
the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce
prospectively the monetary compensation of the individual in accordance with what would probably have been his
wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the
Secretary.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90–83, §1(100), Sept. 11, 1967, 81 Stat. 220; Pub. L. 93–416,
§8(a), Sept. 7, 1974, 88 Stat. 1145.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §105 "Sec. 6(d)", 63
Stat. 859.

U.S. Code
5 U.S.C. 756(d).

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
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 A
This section amends section 8113(b) of title 5, United States Code, to conform to the source statute (sec.
6(d)(1) of the Federal Employees' Compensation Act, as amended (63 Stat. 859)).
E

N

A
1974—Subsecs. (b), (c). Pub. L. 93–416 struck out subsec. (b) which authorized the Secretary to
prospectively recompute compensation because of decreased wage earning power after age 70, aside
from injury, and redesignated subsec. (c) as (b).
S

E

N

D

R

S

1974 A

Amendment by Pub. L. 93–416 applicable to case 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 Pub. L. 93–416, set out as a
note under section 8101 of this title.

E

D

1967 A

Amendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L.
90–83, set out as a note under section 5102 of this title.

§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-fifty20/62

4/22/2021

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 section 5545(c)(1) of this title are included as part of the pay, but
account is not taken of—
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 89–737, §1(1), Nov. 2, 1966, 80 Stat. 1164.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §12, 39 Stat. 746.
Oct. 14, 1949, ch. 691, §203, 63 Stat. 862.

U.S. Code
5 U.S.C. 762.

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, 63 Stat. 972.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

N
21/62

4/22/2021

A
1966—Subsec. (e). Pub. L. 89–737 inserted reference to premium pay under section 5545(c)(1) of this title.
S

N

E

D

R

S

1966 A

Pub. L. 89–737, §4, Nov. 2, 1966, 80 Stat. 1164, which provided that the amendments made by this Act
[amending this section and sections 8331 and 8704 of this title] apply with respect to premium pay payable
from and after the first day of the first pay period which begins after the date of enactment of this Act
[Nov. 2, 1966], was repealed by Pub. L. 90–83, §10(b), Sept. 11, 1967, 81 Stat. 223.

§8115. Determination of wage-earning capacity
(a) In determining compensation for partial disability, except permanent partial disability compensable under sections
8107–8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual
earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly
and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning
capacity as appears reasonable under the circumstances is determined with due regard to—
(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) Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the
beginning of partial disability.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)
H
Derivation

U.S. Code
5 U.S.C. 763.

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §13, 39 Stat. 746.
Oct. 14, 1949, ch. 691, §204, 63 Stat. 864.
Sept. 13, 1960, Pub. L. 86–767, §204, 74
Stat. 908.

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 chapter 83 of this title, or another retirement
system for employees of the Government, does not impair the right of the employee to compensation for scheduled
disabilities specified by section 8107(c) of this title.
(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
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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 chapter 84 of this title or benefits under title II of
the Social Security Act shall be entitled to all such benefits, except that—
(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 chapter 84 of this title. However, eligibility for or receipt of benefits under chapter 84 of this title, or benefits under
title II of the Social Security Act by virtue of service covered by chapter 84 of this title, does not affect the right of the
employee to compensation for scheduled disabilities specified by section 8107(c) of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542; Pub. L. 90–83, §1(56), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416,
§9(a), Sept. 7, 1974, 88 Stat. 1145; Pub. L. 99–335, title II, §207(e), June 6, 1986, 100 Stat. 595; Pub. L. 102–54,
§13(b)(1), June 13, 1991, 105 Stat. 274; Pub. L. 106–398, §1 [[div. A], title X, §1087(f)(3)], Oct. 30, 2000, 114 Stat.
1654, 1654A-293.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §7, 39 Stat. 743.
July 1, 1944, ch. 373, §605(a), 58 Stat. 712.
Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049.
Oct. 14, 1949, ch. 691, §201, 63 Stat. 861.
July 30, 1956, ch. 779, §3(b), 70 Stat. 721.
Sept. 13, 1960, Pub. L. 86–767, §202, 74
Stat. 907.
Sept. 4, 1964, Pub. L. 88–581, §4(b), 78 Stat.
919.

U.S. Code
5 U.S.C. 757.

In subsection (a)(2), "Air Force" is added on authority of the Act of July 26, 1947, ch. 343, §207(a), (f),

61 Stat. 502, and sections 8010—8013 of title 10, United States Code. This does not affect the operation of

this subsection insofar as it concerns members of the Coast Guard whose pension is based in whole or in
part on service with the Coast Guard when it operated as a part of the Navy.
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, 64 Stat. 1271 (see section 8145).
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 A
Section of title 5
8116(a)

Source (U.S.Code)
5 App.: 757(a).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §5(a), 80 Stat.
253.

The words "another retirement system for employees of the Government" are substituted for "any other
Federal Act or program providing retirement benefits for employees".
E

N
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4/22/2021

R

T

The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended. Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of chapter
7 of Title 42, The Public Health and Welfare. Sections 223 and 224 are classified to sections 423 and
424a, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title
42 and Tables.

A
2000—Subsec. (a)(4). Pub. L. 106–398 struck out ", subject to the reduction of such pay in accordance
with section 5532(b) of title 5, United States Code" after "uniformed services".
1991—Subsec. (a)(3). Pub. L. 102–54 substituted "Department of Veterans Affairs" for "Veterans'
Administration".
1986—Subsec. (d). Pub. L. 99–335 added subsec. (d).
1974—Subsec. (a). Pub. L. 93–416 struck out "and" in cl. (1), substituted a semicolon for a period in cl.
(2), and added cls. (3) and (4).
S

N

E

R

D

S

1986 A

Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an
Effective Date note under section 8401 of this title.

E

D

1974 A

Pub. L. 93–416, §9(b), Sept. 7, 1974, 88 Stat. 1145, provided that: "The amendment made by this section
[amending this section] shall be effective with respect to disability or death occurring before or after the
date of enactment of this Act [Sept. 7, 1974] and without regard to any election under section 8116(b) of
the Act [subsec. (b) of this section]; but no payment shall be made by reason of such amendment for any
period prior to the date of enactment of this Act."

P

N

A

1967 I

Increases authorized under amendment by section 1(56) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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 sections 8103 and 8104 of this title.
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, §10, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109–435, title
IX, §901(a), Dec. 20, 2006, 120 Stat. 3253.)
H
Derivation

U.S. Code
5 U.S.C. 752.

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §2, 39 Stat. 743.
Oct. 14, 1949, ch. 691, §101(a), 63 Stat. 854.

Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.

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E

N

A
2006—Pub. L. 109–435 designated existing provisions as subsec. (a), substituted "An employee other
than a Postal Service employee" for "An employee", and added subsec. (b).
1974—Pub. L. 93–416 substituted "14 days" for "21 days".
S

N

E

R

D

S

1974 A

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on
or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.

§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 section 8101(1) of this
title (other than those referred to in clause (B) or (E)), who has filed a claim for a period of wage loss due to a traumatic
injury with his immediate superior on a form approved by the Secretary of Labor within the time specified in section
8122(a)(2) of this title.
(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 section 8117 of this title do not begin to run, until
termination of pay as set forth in subsections (a) and (b) or the use of annual or sick leave ends.
(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 section
5584 of title 5, United States Code.
(e) Payments under this section shall not be considered as compensation as defined by section 8101(12) of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, §11, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109–435, title
IX, §901(b), Dec. 20, 2006, 120 Stat. 3254.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §8, 39 Stat. 743.
Oct. 14, 1949, ch. 691, §101(b), 63 Stat. 854.

U.S. Code
5 U.S.C. 758.

Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

N

A
2006—Subsec. (b)(1). Pub. L. 109–435 amended par. (1) generally. Prior to amendment, par. (1) read as
follows: "without a break in time unless controverted under regulations of the Secretary;".
1974—Pub. L. 93–416 inserted in section catchline the reference to continuation of pay, added subsecs.
(a), (b), (d) and (e), designated existing provisions as subsec. (c), and in subsec. (c) as so designated,
substituted "until termination of pay as set forth in subsections (a) and (b) or the use of annual or sick
leave ends" for "until the use of the annual or sick leave ends".
S

E

N

D

R

S

1974 A
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Pub. L. 93–416, §28(b), Sept. 7, 1974, 88 Stat. 1151, provided that: "Section 11 of this Act [amending this
section] shall become effective 60 days from enactment [Sept. 7, 1974] and be applicable to any injury
occurring on or after such effective date."

§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 section 8133 of
this title, or someone on his behalf. A notice of injury or death shall—
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, §12(a), Sept. 7, 1974, 88 Stat. 1146.)
H
Derivation
(a)
(b)

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §15, 39 Stat. 746.
Sept. 7, 1916, ch. 458, §16, 39 Stat. 746.
Sept. 7, 1916, ch. 458, §17, 39 Stat. 746.

U.S. Code
5 U.S.C. 765.
5 U.S.C. 766.
5 U.S.C. 767.

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, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

N

A
1974—Pub. L. 93–416 substituted "or death" for "; failure to give" in section catchline, struck out
designation of subsec. (a), redesignated cls. (1) to (7) as (a) to (g), and, as so redesignated, inserted
provisions relating to notice of death and substituted "30 days" for "48 hours" in cl. (a), and struck out
subsec. (b) relating to allowance of compensation.
S

E

N

D

R

S

1974 A

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on
or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.

§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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543.)

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H
Derivation

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §24, 39 Stat. 747.
Sept. 7, 1916, ch. 458, §28a, 39 Stat. 748.
Oct. 14, 1949, ch. 691, §205(b), 63 Stat. 864.

U.S. Code
5 U.S.C. 774(a).
5 U.S.C. 779.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
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 section 8122 of this title;
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, §13, Sept. 7, 1974, 88 Stat. 1147.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §18, 39 Stat. 746.
Sept. 7, 1916, ch. 458, §19, 39 Stat. 746.

U.S. Code
5 U.S.C. 768.
5 U.S.C. 769.

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, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

N

A
1974—Par. (3). Pub. L. 93–416 substituted "approved" for "furnished".
S

E

N

D

R

S

1974 A

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on
or after Sept. 7, 1974, see section 23(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.

§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—
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(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 section 8119 of this title was given within 30 days.
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 544; Pub. L. 90–83, §1(57), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, §14,
Sept. 7, 1974, 88 Stat. 1147.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §20, 39 Stat. 747.
June 13, 1922, ch. 219, 42 Stat. 650.
July 28, 1945, ch. 328, §1, 59 Stat. 503.
Sept. 13, 1960, Pub. L. 86–767, §205, 74
Stat. 908.

U.S. Code
5 U.S.C. 770.

The last sentence of the Act of June 13, 1922, 42 Stat. 650, is omitted as obsolete.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
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 A
Section of title 5
8122(b), (d)

Source (U.S. Code)
5 App.: 770.

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §9, 80 Stat.
254.

E

N

A
1974—Subsec. (a). Pub. L. 93–416, §14(1), substituted provisions requiring filing of claims for
compensation within three years after death or disability, and setting forth conditions for waiver of filing
within required time periods, for provisions requiring claim for death to be made within one year after
death and for disability to be made within 60 days after injury and authorizing extension of time for good
cause.
Subsec. (c). Pub. L. 93–416, §14(2), substituted provisions relating to timeliness of claim for death when
claim for injury was timely filed and death was based on same injury, for provisions relating to waiver of
compliance with requirements for giving notice of injury and filing claim for compensation.
Subsec. (d). Pub. L. 93–416, §14(3), substituted "(a) and (b)" for "(a)–(c)", and added cl. (3).
S

E

N

D

R

S

1974 A

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on
or after Sept. 7, 1974, see section 23(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.
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P

N

A

1967 I

Increases authorized under amendment by section 1(57) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 544.)
H
Derivation

U.S. Code
5 U.S.C. 771.
5 U.S.C. 772.
5 U.S.C. 773(a).

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §21, 39 Stat. 747.
June 26, 1926, ch. 695, §2, 44 Stat. 772.
Sept. 7, 1916, ch. 458, §22, 39 Stat. 747.
Sept. 7, 1916, ch. 458, §23, 39 Stat. 747.
June 26, 1926, ch. 695, §3, 44 Stat. 772.
Oct. 14, 1949, ch. 691, §208 "Sec. 23(a)", 63
Stat. 865.

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 section 771 of this title" in former section 773(a) are omitted as unnecessary
because the same provision appeared in former section 771, which is carried into subsection (b).
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
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 section 8128(a) of this title, a claimant for compensation not satisfied with a decision of
the Secretary under subsection (a) of this section is entitled, on request made within 30 days after the date of the
issuance of the decision, to a hearing on his claim before a representative of the Secretary. At the hearing, the
claimant is entitled to present evidence in further support of his claim. Within 30 days after the hearing ends, the
Secretary shall notify the claimant in writing of his further decision and any modifications of the award he may make
and of the basis of his decision.
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(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 section 554 of this title except as provided by this
subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this
purpose, he shall receive such relevant evidence as the claimant adduces and such other evidence as he determines
necessary or useful in evaluating the claim.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545; Pub. L. 90–83, §1(58), Sept. 11, 1967, 81 Stat. 210.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §36, 39 Stat. 749.

U.S. Code
5 U.S.C. 786.

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, 64 Stat. 1271 (see section 8145).
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 A
Section of title 5
8124(b)

Source (U.S. Code)
5 App.: 786(b).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §11(b), 80 Stat.
255.

In subsection (b)(1), the words "section 8128(a) of this title" are substituted for "section 37" to reflect the
codification of section 37 in title 5, United States Code. The words "a claimant * * * is entitled * * * to a
hearing" are substituted for "any claimant * * * shall * * * be afforded an opportunity for a hearing". The
words "under subsection (a) of this section" are substituted for "under this section" for clarity. In the
second sentence, the words "is entitled to present evidence" are substituted for "shall be afforded an
opportunity to present evidence".
In subsection (b)(2), the words "section 554 of this title * * * this subchapter" are substituted for "section 5
of the Administrative Procedure Act * * * this Act" to reflect the codification of the cited section and act in
title 5. In the second sentence, the words "shall, in addition, receive" are omitted as unnecessary.
S

N

P

N

R

A

S

1967 I

Increases authorized under amendment by section 1(58) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)
H
Derivation

U.S. Code
5 U.S.C. 773(c).

R

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §208 "Sec. 23(c)", 63
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Stat. 865.

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, 64 Stat. 1271 (see section 8145).
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §29, 39 Stat. 748.
Oct. 14, 1949, ch. 691, §205(c)(2), 63 Stat.
864.

U.S. Code
5 U.S.C. 780.

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, 64 Stat. 1271 (see section 8145).
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)
H
Derivation

R

U.S. Code
5 U.S.C. 773(b) (less last sentence).

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §208 "Sec. 23(b)
(less last sentence)", 63 Stat. 865.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
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—
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(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545.)
H
Derivation

R

U.S. Code

(a)

5 U.S.C. 787.

(b)

5 U.S.C. 793 (penultimate sentence
of 5th par.).

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §37, 39 Stat. 749.
June 5, 1924, ch. 261, §1, 43 Stat. 389.
July 28, 1945, ch. 328, §4 (penultimate
sentence), 59 Stat. 504.

In subsection (a), the words "If the original claim for compensation has been made within the time
specified in section 770 of this title" are omitted as surplusage. The words "an award for or against payment
of compensation" are coextensive with and, for clarity and consistency with section 8124, substituted for
"the award". The second sentence of former section 787 is omitted as included in the penultimate
sentence of former section 793, which is carried into subsection (b). The last sentence of former section
787 is omitted as executed.
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, 64 Stat. 1271 (see section 8145).
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.)
H
Derivation

U.S. Code
5 U.S.C. 788.

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §38, 39 Stat. 749.
Oct. 14, 1949, ch. 691, §206, 63 Stat. 864.

In subsection (a), the words "Subject to the provisions of sections 786 and 787 of this title" and "if any" are
omitted as surplusage.
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, 64 Stat. 1271 (see section 8145).
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
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An assignment of a claim for compensation under this subchapter is void. Compensation and claims for
compensation are exempt from claims of creditors.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §25, 39 Stat. 747.

U.S. Code
5 U.S.C. 775.

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 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 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 546; Pub. L. 90–83, §1(60), Sept. 11, 1967, 81 Stat. 211.)
H
Derivation

R
1966 A

Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §26, 39 Stat. 747.
Sept. 13, 1960, Pub. L. 86–767, §207, 74
Stat. 908.
Sept. 7, 1916, ch. 458, §41, 39 Stat. 750.

U.S. Code

(a)–(c)

5 U.S.C. 776.

(d)

5 U.S.C. 791.

N

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), 64 Stat. 1038.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan. No. 19, 64 Stat. 1271 (see section 8145).
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 A
Section of title 5
8131(c)

Source (U.S. Code)
5 App.: 776 (proviso).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §10(a), 80 Stat.
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4/22/2021

255.

E

N

R

T

For definition of Panama Canal Company, referred to in text, see section 3602(b) of Title 22, Foreign
Relations and Intercourse.
S

N

P

R

N

S

A

1967 I

Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see
section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8132. Adjustment after recovery from a third person
If an injury or death for which 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
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 in 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 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 compensation has not been paid to the
beneficiary, he shall credit the money or property on 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90–83, §1(61), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93–416, §15,
Sept. 7, 1974, 88 Stat. 1147.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §27, 39 Stat. 747.

U.S. Code
5 U.S.C. 777.

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 A
Section of title 5
8132

Source (U.S. Code)
5 App.: 777(b) (proviso).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §10(b), 80 Stat.
255.

The words "However, * * * is entitled to retain * * * plus" are substituted for "Provided, That * * * shall
have the right to retain * * * and, in addition, to retain".
E

N

A
1974—Pub. L. 93–416 made minor changes in phraseology and inserted provision prohibiting a court,

etc., from distributing proceeds of suit or settlement without satisfying or assuring satisfaction of the
interests of the United States.

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4/22/2021

S

N

E

R

D

S

1974 A

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on
or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.

P

N

A

1967 I

Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see
section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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 section 8101 of this title at the time he reaches 18 years of age for so
long as he continues to be such a student or until he marries. A widow or widower who has entitlements to benefits
under this title derived from more than one husband or wife shall elect one entitlement to be utilized.
(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 section 8114 of this title, except for increases authorized by section 8146a of
this title; or
(2) 75 percent of the monthly pay of the maximum rate of basic pay for GS–15.
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(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 section 8101(1) of this title for
reimbursement of the costs of termination of the decedent's status as an employee of the United States.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90–83, §1(62), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93–416,
§§16(a), 17, 18, Sept. 7, 1974, 88 Stat. 1147, 1149; Pub. L. 101–303, §3(1), May 29, 1990, 104 Stat. 251.)
H
Derivation

R
1966 A

N
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)), 39 Stat. 744.
Feb. 12, 1927, ch. 110, §3, 44 Stat. 1087.
July 28, 1945, ch. 328, §§2 (less last 24
words), 3, 59 Stat. 503.
Oct. 14, 1949, ch. 691, §106 (less last 23
words of 1st sentence in "(B)" of (c); and
less (e)), 63 Stat. 859.
Sept. 13, 1960, Pub. L. 86–767, §102, 74
Stat. 906.

U.S. Code
5 U.S.C. 760 (less last 23 words of
1st sentence in (B); and less (H)
and (L)).

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, 64 Stat. 1271 (see section 8145).
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 A
Section of title 5
8133(b)

Source (U.S. Code)
5 App.: 760(G) (last sentence).

8133(e)

5 App.: 760(K).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §7(a), 80 Stat.
253.
July 4, 1966, Pub. L. 89–488, §3(c), 80 Stat.
252.

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 "section 8101 of this title" are
substituted for "section 10(M) of this Act" to reflect the codification of that section in title 5.
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 section 8114 of this title" are substituted for "as
provided in section 12" to reflect the codification of that section in title 5.
E

N

A
1990—Subsec. (b)(1). Pub. L. 101–303 substituted "age 55" for "age 60".
1974—Subsec. (a)(1). Pub. L. 93–416, §16(a), substituted "50" for "45".
Subsec. (a)(2). Pub. L. 93–416, §16(a), substituted "45" for "40".
Subsec. (a)(3). Pub. L. 93–416, §16(a), substituted "40" for "35".
Subsec. (b). Pub. L. 93–416, §16(a), inserted "before reaching age 60" after "remarries" in par. (1),

struck out par. (2) referring to widower who dies, remarries or becomes capable of self-support,
redesignated pars. (3) and (4) as (2) and (3), respectively, changed the reference in closing paragraph
from paragraph (3) of this subsection to paragraph (2) of this subsection, and inserted provision for
election by widower or widow of benefits derived from more than one husband or wife.
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Subsec. (e)(1). Pub. L. 93–416, §17, inserted ", except for increases authorized by section 8146a of this
title" before "; or".
Subsec. (f). Pub. L. 93–416, §18, added subsec. (f).
S

N

E

R

D

S

1974 A

Amendment by sections 16(a) and 17 of Pub. L. 93–416 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 Pub. L. 93–416, set out as a note under section 8101 of this title.
Amendment by section 18 of Pub. L. 93–416 effective on Sept. 7, 1974, and applicable to any injury or
death occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under
section 8101 of this title.

G

D

C

E

F

I

S

L

D
Pub. L. 104–208, div. A, title I, §101(f) [title VI, §651], Sept. 30, 1996, 110 Stat. 3009–314, 3009-368,
provided that: "Notwithstanding section 8116 of title 5, United States Code, and in addition to any payment
made under 5 U.S.C. 8101 et seq., beginning in fiscal year 1997 and thereafter, the head of any department
or agency is authorized to pay from appropriations made available to the department or agency a death
gratuity to the personal representative (as that term is defined by applicable law) of a civilian employee of
that department or agency whose death resulted from an injury sustained in the line of duty on or after
August 2, 1990: Provided, That payments made pursuant to this section, in combination with the payments
made pursuant to sections 8133(f) and 8134(a) of such title 5 and section 312 of Public Law 103–332 (108
Stat. 2537) [5 U.S.C. 8134 note], may not exceed a total of $10,000 per employee."

P

N

A

1967 I

Increases authorized under amendment by section 1(62)(B) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 548.)
H
Derivation

U.S. Code
5 U.S.C. 761.

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §11, 39 Stat. 745.
Feb. 12, 1927, ch. 110, §4, 44 Stat. 1087.
July 28, 1945, ch. 328, §2 (last 24 words), 59
Stat. 503.
Oct. 14, 1949, ch. 691, §107, 63 Stat. 860.
Sept. 13, 1960, Pub. L. 86–767, §103, 74
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Stat. 906.

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, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
S

N

R

B

S

A

Pub. L. 112–87, title III, §310, Jan. 3, 2012, 125 Stat. 1885, provided that:
"(a) A
P
.—
"(1) I
.—The head of an agency or department containing an element of the intelligence

community may pay to the estate of a decedent described in paragraph (2) a burial allowance at the
request of a representative of such estate, as determined in accordance with the laws of a State.
"(2) D
.—A decedent described in this paragraph is an individual—
"(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) U
B
A
.—A burial allowance paid under subsection (a) may be used to reimburse
such estate for burial expenses, including recovery, mortuary, funeral, or memorial service, cremation,
burial costs, and costs of transportation by common carrier to the place selected for final disposition of
the decedent.
"(c) A
B
A
;R
O
P
.—A burial allowance paid under
subsection (a) shall be—
"(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) R
.—Not later than 180 days after the date of the enactment of this Act [Jan. 3, 2012], the
Director of the Office of Personnel Management, in consultation with the Director of National Intelligence,
the Secretary of Labor, and the Secretary of Defense, shall submit to Congress a report on the feasibility
of implementing legislation to provide for burial allowances at a level which adequately addresses the
cost of burial expenses and provides for equitable treatment when an officer or employee of a Federal
agency or department dies as the result of an injury sustained in the performance of duty."
[For definition of "intelligence community" as used in section 310 of Pub. L. 112–87, set out above, see
section 2 of Pub. L. 112–87, set out as a note under section 3003 of Title 50, War and National Defense.]

A
A

D
T R

I

R

R
L

A
E

K

D

Pub. L. 103–332, title III, §312, Sept. 30, 1994, 108 Stat. 2537, provided that: "Notwithstanding any other
provision of law in fiscal year 1995 and thereafter, appropriations made available to any department or
agency in a Department of the Interior and Related Agencies Appropriations Act shall be available to that
department or agency to reimburse the representative (as that term is defined by applicable law) of
employees killed in the line of duty after January 1, 1994, and in subsequent fiscal years, for burial costs
and related out-of-pocket expenses: Provided, That the amount of such reimbursement may exceed the
$800 limitation in 5 U.S.C. 8134(a): Provided further, That funds provided pursuant to this authority may not
exceed $10,000 per employee."

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§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 section 8133 of this
title, shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation
on account of another individual) to which he was entitled immediately before the remarriage.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 548; Pub. L. 90–83, §1(63), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93–416,
§§16(b), 19, 20, Sept. 7, 1974, 88 Stat. 1149; Pub. L. 101–303, §3(2), May 29, 1990, 104 Stat. 251.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §14, 39 Stat. 746.

U.S. Code
5 U.S.C. 764.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
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 A
Section of title 5
8135(b)

Source (U.S. Code)
5 App.: 764(b).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §8, 80 Stat.
254.

The word "widower" is substituted for "dependent widower" to conform to the definition in 5 U.S.C.
8101(11). The words "section 8133 of title 5" are substituted for "section 10" to reflect the codification of that
section in title 5, United States Code.
E

N

A
1990—Subsec. (b). Pub. L. 101–303 substituted "age 55" for "age 60".
1974—Subsec. (a). Pub. L. 93–416, §20, substituted provisions relating to use of the most current United

States Life Tables, for provisions relating to determination by the American Experience Tables of
Mortality.
Subsec. (a)(1). Pub. L. 93–416, §19, substituted "$50" for "$5".
Subsec. (b). Pub. L. 93–416, §16(b), inserted "before reaching age 60" after "On remarriage".
S

N

C

R

S

N

United States Department of Health, Education, and Welfare redesignated the United States
Department of Health and Human Services by section 3508 of Title 20, Education.

E

D

1974 A

Amendment by Pub. L. 93–416 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 Pub. L. 93–416, set out as a
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4/22/2021

note under section 8101 of this title.

P

N

A

1967 I

Increases authorized under amendment by section 1(63) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 549.)
H
Derivation

U.S. Code
5 U.S.C. 793 (2d sentence of 4th
par.)

R

N
Revised Statutes and
Statutes at Large
July 29, 1942, ch. 533 (2d sentence), 56 Stat.
725.

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, 64 Stat. 1271 (see section 8145).
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 section 8135 of this title when he or his designee
considers it to be for the best interest of the United States; and
(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
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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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 549.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
July 28, 1945, ch. 328, §4 (less penultimate
sentence), 59 Stat. 503.

U.S. Code
5 U.S.C. 793 (5th par., 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, 64 Stat. 1271 (see section 8145).
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 section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under
section 8133 of this title do not apply in the case of a noncitizen employee, or a class or classes of noncitizen
employees, who sustain injury outside the continental United States. The Secretary of Labor may establish a minimum
monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen
employees.
(b) The President may remove or modify the minimum limit on monthly compensation for disability under section
8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133
of this title in the case of an alien employee, or a class or classes of alien employees, of the Canal Zone Government
or the Panama Canal Company.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.)
H
Derivation

U.S. Code

(a)

5 U.S.C. 793 (4th par., less 2d
sentence).

(b)

5 U.S.C. 793 (2d sentence of 2d
par.).

R

N
Revised Statutes and
Statutes at Large
July 29, 1942, ch. 533 (less 2d sentence), 56
Stat. 725.
Sept. 13, 1960, Pub. L. 86–767, §210, 74
Stat. 910.
Sept. 7, 1916, ch. 458, §42 (2d sentence of
2d par.), 39 Stat. 750.
Apr. 6, 1938, ch. 79 "Sec. 42 (2d sentence of
2d par.)", 52 Stat. 201.

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), 64 Stat. 1038.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
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E

N

R

T

For definition of Canal Zone Government and Panama Canal Company, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

§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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
July 11, 1919, ch. 7, §11 (less 1st sentence),
41 Stat. 104.

U.S. Code
5 U.S.C. 794 (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, 31 U.S.C. 2 et seq., prescribes the procedures for
presenting all budget estimates for the government of the District of Columbia and provides that the
budget submission to Congress be made by the President.
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
S

P

C

N

F

R

D

S

C

E

See Pub. L. 93–198, title II, §204(e), Dec. 24, 1973, 87 Stat. 783, set out as a note under section 8101 of
this title.

§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 chapter 103 of title 10; or
(2) during the period of the member's attendance at training or a practice cruise under chapter 103 of title 10,
United States Code, beginning when the authorized travel to the training or practice cruise begins and ending when
authorized travel from the training or practice cruise ends.
(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
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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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550; Pub. L. 100–456, div. A, title VI, §633(b), Sept. 29, 1988, 102 Stat. 1986;
Pub. L. 105–261, div. A, title VI, §655(a)–(c), Oct. 17, 1998, 112 Stat. 2053.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Aug. 1, 1956, ch. 830, §4, 70 Stat. 805.
Oct. 13, 1964, Pub. L. 88–647, §302, 78 Stat.
1073.

U.S. Code
5 U.S.C. 802.

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 sections 776 and 777 of this title in any case involving the legal liability of a third party other
than the United States" are omitted as unnecessary as there is nothing in the section that reasonably
could be so construed.
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

N

A
1998—Subsec. (a). Pub. L. 105–261, §655(c), inserted ", or an illness contracted," after "death incurred"
in introductory provisions.
Subsec. (a)(2). Pub. L. 105–261, §655(a), amended par. (2) generally. Prior to amendment, par. (2) read
as follows: "while performing authorized travel to or from, or while attending, training or a practice cruise
under chapter 103 of title 10."
Subsec. (b). Pub. L. 105–261, §655(b), amended subsec. (b) generally. Prior to amendment, subsec. (b)
read as follows: "For the purpose of this section, an injury is incurred in line of duty only if it is the
proximate result of the performance of military training by the member concerned, or of his travel to or
from that training, during the periods specified by subsection (a)(2) of this section. A member or applicant
for membership who contracts a disease or illness which is the proximate result of the performance of
training during the periods specified by subsection (a)(2) of this section is considered for the purpose of
this section to have been injured in line of duty during that period. Subject to review by the Secretary of
Labor, the Secretary of the military department concerned, under regulations prescribed by him, shall
determine whether or not an injury, disease, or illness was incurred or contracted in line of duty and was
the proximate result of the performance of military training by the member concerned or of his travel to or
from that military training."
1988—Subsec. (a). Pub. L. 100–456, §633(b)(1)(A), substituted "who suffers an injury, disability, or
death" for "who suffers disability or death from an injury" in introductory provisions.
Subsec. (a)(2). Pub. L. 100–456, §633(b)(1)(B), struck out "field" before "training".
Subsec. (f). Pub. L. 100–456, §633(b)(2), substituted "by a military department in a facility of a military
department" for "while attending field training or a practice cruise under chapter 103 of title 10".
Subsec. (g). Pub. L. 100–456, §633(b)(3), added subsec. (g).
S

E

N

D

R

S

1998 A

Pub. L. 105–261, div. A, title VI, §655(d), Oct. 17, 1998, 112 Stat. 2053, provided that: "The amendments
made by subsections (a) and (b) [amending this section] shall take effect on the date of the enactment of
this Act [Oct. 17, 1998] and apply with respect to injuries, illnesses, disabilities, and deaths incurred or
contracted on or after that date."

E

D

1988 A
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Amendment by Pub. L. 100–456 applicable only with respect to training performed after Sept. 30, 1988,
see section 633(e) of Pub. L. 100–456, set out as a note under section 2109 of Title 10, Armed Forces.

D

C

R

O

T

C

M

Pub. L. 97–306, title I, §113(c), Oct. 14, 1982, 96 Stat. 1432, provided that: "Notwithstanding section 8140 of
title 5, United States Code, subchapter I of chapter 81 of such title does not apply in the case of a disability

suffered by a member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force that is
compensable under chapter 11 of title 38, United States Code, or a death suffered by such a member for
which dependency and indemnity compensation is payable under chapter 13 of such title [section 401 et
seq. of Title 38]."
[Section 113(d) of Pub. L. 97–306 provided that these provisions shall apply only with respect to deaths
and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982.]

§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 section 5332 of this title for the purpose of computing compensation for disability or death;
(2) the percentages applicable to payments under section 8133 of this title are—
(A) 45 percent for section 8133(a)(2) of this title, if the member dies fully or currently insured under subchapter II
of chapter 7 of title 42, with no additional payments for a child or children while the widow or widower remains
eligible for payments under section 8133(a)(2) of this title;
(B) 20 percent for section 8133(a)(3) of this title for one child and 10 percent additional for each additional child,
but not to exceed a total of 75 percent, if the member died fully or currently insured under subchapter II of chapter
7 of title 42; and
(C) 25 percent for section 8133(a)(4) of this title, if one parent was wholly dependent on the deceased member
at the time of his death and the other was not dependent to any extent; 16 percent to each, if both were wholly
dependent; and if one was or both were partly dependent, a proportionate amount in the discretion of the
Secretary of Labor;
(3) a payment may not be made under section 8133(a)(5) of this title;
(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 chapter 7 of title 42 at the time of his death.
(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 section 8120 of this title, or other reports agreed on under
that section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 551; Pub. L. 98–94, title XII, §1258(a), Sept. 24, 1983, 97 Stat. 702; Pub. L.
103–296, title I, §108(e)(4), Aug. 15, 1994, 108 Stat. 1486.)
H
Derivation

U.S. Code
5 U.S.C. 803 (less (d)).

R

N
Revised Statutes and
Statutes at Large
Aug. 3, 1956, ch. 926, §1 "Sec. 3 (less (d))",
70 Stat. 980.

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.
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E

N

R

T

Subchapter II of chapter 7 of title 42, referred to in text, is section 401 et seq. of Title 42, The Public Health
and Welfare.

A
1994—Subsec. (b)(5). Pub. L. 103–296 substituted "Commissioner of Social Security" for "Secretary of
Health, Education, and Welfare" in two places.
1983—Subsec. (a). Pub. L. 98–94, §1258(a)(1), inserted "under 18 years of age" after "Civil Air Patrol
Cadet".
Subsec. (b)(1). Pub. L. 98–94, §1258(a)(2), substituted "the rate of basic pay payable for step 1 of grade
GS–9 in the General Schedule under section 5332 of this title" for "$300".
S

E

N

D

R

S

1994 A

Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as
a note under section 401 of Title 42, The Public Health and Welfare.

E

D

1983 A

Pub. L. 98–94, title XII, §1258(b), Sept. 24, 1983, 97 Stat. 702, provided that:

"(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 section 2504 of title 22;
(2) a volunteer leader enrolled in the Peace Corps under section 2505 of title 22; and
(3) an applicant for enrollment as a volunteer or volunteer leader during a period of training under section 2507(a)
of title 22 before enrollment.
(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 section 2505 of title 22, or a volunteer with one or more minor children as
defined in section 2504 of title 22, is deemed receiving monthly pay at the minimum rate for GS–11;
(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 section 2507(a) of title 22 before enrollment as a volunteer; and
(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
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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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 552; Pub. L. 90–83, §1(64), Sept. 11, 1967, 81 Stat. 212; Pub. L. 93–416,
§23(b), Sept. 7, 1974, 88 Stat. 1150; Pub. L. 115–256, title I, §102, Oct. 9, 2018, 132 Stat. 3652.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 22, 1961, Pub. L. 87–293, §5(d), 75
Stat. 613.

U.S. Code
22 U.S.C. 2504(d).

Subsection (a) is based on sections 2504(a), 2505, and 2507(a) of title 22.
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 section 2522(a), (b) of title
22. References to "the general schedule established by the Classification Act of 1949, as amended" are
omitted as unnecessary.
Subsection (c)(4) is added on authority of section 2522(e) of title 22.
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 A
Section 8142 of title 5 was derived from section 2504(d) of title 22. This amendment reflects changes,
effected by the act of Sept. 13, 1966, Public Law 89–572, section 4, 80 Stat. 765, in the definitions applicable
to section 2504(d) by virtue of section 2522(a), (b) of title 22.
E

N

A
2018—Subsec. (d). Pub. L. 115–256 added subsec. (d).
1974—Subsec. (c)(2). Pub. L. 93–416 inserted provision relating to a volunteer with one or more minor

children.

S

E

N

D

R

S

1974 A

Amendment by Pub. L. 93–416 effective on Sept. 7, 1974, and applicable to any injury or death occurring
on or after such effective date, see section 23(a) of Pub. L. 93–416, set out as a note under section 8101 of
this title.

§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) section 8113(a) of this title applies to an enrollee; and
(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.
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(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 chapter 34 of title 42, with respect to that service and training, to the same extent as
enrollees of the Job Corps under subsection (a) of this section. However, for the purpose of the computation described
in subsection (a)(1) of this section, the monthly pay of a volunteer is deemed that received at the minimum rate for
GS–5 of the General Schedule under section 5332 of title 5, United States Code.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553; Pub. L. 90–83, §1(65), Sept. 11, 1967, 81 Stat. 212; Pub. L. 90–623,
§1(19), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 93–416, §8(b), Sept. 7, 1974, 88 Stat. 1145; Pub. L. 103–82, title III,
§384, Sept. 21, 1993, 107 Stat. 915.)
H
Derivation
(a)
(b)

R
1966 A

N

Revised Statutes and
Statutes at Large
42 U.S.C. 2716(c).
Aug. 20, 1964, Pub. L. 88–452, §106(c), 78
Stat. 510.
42 U.S.C. 2943(d) (words after 6th
Aug. 20, 1964, Pub. L. 88–452, §603(d)
comma, as applicable to 42 U.S.C.
(words after 6th comma, as applicable to
2716(c)).
§106(c)), 78 Stat. 531.
U.S. Code

In subsection (a)(1), reference to "the Classification Act of 1949 (5 U.S.C. 1071 et seq.)" is omitted as
unnecessary. In subsection (a)(3)(B), the word "his" is substituted for "his or her" on authority of 1 U.S.C.
1.
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.
1967 A
Section of title 5
8143(a)(1)

Source (U.S. Code)
42: 2716(c)(2)(B).

8143(a)(3)

42: 2716(c)(2)(A).

8143(b)

42: 2991c(b) (as applicable to 42:
2716(c)).

Source (Statutes at Large)
Nov. 8, 1966, Pub. L. 89–794, §109, 80 Stat.
1453.
Oct. 9, 1965, Pub. L. 89–253, §6, 79 Stat.
973.
Nov. 8, 1966, Pub. L. 89–794, §801 "Sec.
804(b) (as applicable to §106(c) of the
Economic Opportunity Act of 1964)", 80
Stat. 1474.

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 title 5, United States Code, in which section 8143
is a part. The word "his" is substituted for "his or hers" on authority of 1 U.S.C. 1. The words "Job Corps"
are substituted for "Corps" on authority of 42 U.S.C. 2712.
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 section 5332, title 5,
United States Code" to conform to the style of title 5.
E

R

N

T

Part A of subchapter VIII of chapter 34 of title 42, referred to in subsec. (b), is part A of title VIII of Pub. L.
88–452, Aug. 20, 1964, 73 Stat. 508, as amended, known as the Economic Opportunity Act of 1964. Part A
of title VIII of that Act, as added by Pub. L. 90–222, title I, §110, Dec. 23, 1967, 81 Stat. 722, was classified
generally to part A (§2992 et seq.) of subchapter VIII of chapter 34 of Title 42, The Public Health and
Welfare, prior to its repeal by Pub. L. 93–113, title VI, §603, Oct. 1, 1973, 87 Stat. 417. See sections 4951 et
seq. and 5055 of Title 42.

A
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1993—Subsec. (b). Pub. L. 103–82 substituted "GS–5 of the General Schedule under section 5332 of title
5, United States Code" for "GS–7".
1974—Pub. L. 93–416 struck out ", (b)" after "section 8113(a)".
1968—Pub. L. 90–623 reenacted section in its entirety making minor changes in phraseology.
S

N

E

D

R

S

1993 A

Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as a note
under section 4951 of Title 42, The Public Health and Welfare.

E

D

1974 A

Amendment by Pub. L. 93–416 applicable to case 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 Pub. L. 93–416, set out as a
note under section 8101 of this title.

E

D

1968 A

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct.
22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

§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 Pub. L. 90–83, §1(66)(A), Sept. 11, 1967, 81 Stat. 212.)
H
Section of title 5
8143a

R

N

Source (U.S. Code)
20: 1105(b).

Source (Statutes at Large)
Nov. 8, 1965, Pub. L. 89–329, §515(b), 79
Stat. 1257.

The words "a member of the National Teacher Corps" are substituted for "such members" on authority
of 20 U.S.C. 1102, 1105(a). In paragraph (1)(B), the words "Commissioner of Education" are substituted for
"Commissioner" on authority of 20 U.S.C. 1141(f). In paragraph (2), the words "at the minimum rate for GS–
6" are substituted for "under the entrance salary for grade 6," and the reference to the General Schedule
of the Classification Act of 1949 is omitted as unnecessary.
S

N

T

R

S

F

Functions of Commissioner of Education of Department of Health, Education, and Welfare transferred
to Secretary of Education by section 3441(a)(1) of Title 20, Education.

§8144. Student-employees
A student-employee as defined by section 5351 of this title who suffers disability or death as a result of personal
injury arising out of and in the course of training, or incurred in the performance of duties in connection with that
training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of
duty.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553.)
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H
Derivation

R

N
Revised Statutes and
Statutes at Large
Aug. 4, 1947, ch. 452, §4, 61 Stat. 727.

U.S. Code
5 U.S.C. 1053.

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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §28, 39 Stat. 748.
Oct. 14, 1949, ch. 691, §205(a), (c)(1), 63
Stat. 864.
1946 Reorg. Plan No. 2, §3 (less 2d
sentence), eff. July 16, 1946, 60 Stat.
1095.
1950 Reorg. Plan No. 19, §1, eff. May 24,
1950, 64 Stat. 1271.
Sept. 7, 1916, ch. 458, §30, 39 Stat. 748.
Sept. 7, 1916, ch. 458, §32 (last 9 words), 39
Stat. 749.

U.S. Code
5 U.S.C. 778.

[Uncodified].
[Uncodified].
5 U.S.C. 781.
5 U.S.C. 783 (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 chapter 33 concerning
examination and certification for and appointment in the competitive service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271.
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
S

P

C

N

F

R

D

S

C

E

See Pub. L. 93–198, title II, §204(e), Dec. 24, 1973, 87 Stat. 783, set out as a note under section 8101 of
this title.

§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 section 8123 of this title shall be paid from appropriations for the Panama Canal
Commission or for The Alaska Railroad, as the case may be, instead of from the Employees' Compensation Fund. The
President may authorize the Panama Canal Commission and the general manager of The Alaska Railroad to pay the
compensation provided by this subchapter, including medical, surgical, and hospital services and supplies under
section 8103 of this title and the transportation and burial expenses under sections 8103 and 8134 of this title, from
appropriations for the Panama Canal Commission and for The Alaska Railroad, and these appropriations shall be
reimbursed for the payments by transfer of funds from the Employees' Compensation Fund.
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(c) The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim
required by section 8121 of this title in the case of compensation to an employee of the Panama Canal Commission for
temporary disability, either total or partial.
(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 section 8128 of this title. The Secretary shall provide the form and
manner of taking an appeal.
(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 section 8149 of this title. The Employees' Compensation Appeals Board referred to by
section 8149 of this title has jurisdiction, under regulations prescribed by the Secretary, over appeals relating to claims
of the employees or their dependents.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553; Pub. L. 96–70, title III, §3302(e)(9), Sept. 27, 1979, 93 Stat. 498.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §42 (less 2d sentence
of 2d par.), 39 Stat. 750.
Apr. 6, 1938, ch. 79 "Sec. 42 (less 2d
sentence of 2d par.)", 52 Stat. 200.
Aug. 30, 1964, Pub. L. 88–508, 78 Stat. 666.

U.S. Code
5 U.S.C. 793 (1st 3 pars., less 2d
sentence of 2d par.).

In subsection (a), the words "in which cases the words 'Secretary' and 'his' wherever they appear in

sections 751–756, 757–781, 783–791, and 793 of this title shall, so far as necessary to give effect to such

transfer, be read, 'Governor of the Canal Zone' or 'the general manager of The Alaska Railroad', as the
case may be, and 'his' " are omitted as surplusage.
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, 64
Stat. 1038.
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, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

N

A
1979—Pub. L. 96–70, §3302(e)(9)(A), substituted "Panama Canal Commission" for "Canal Zone" in
section catchline.
Subsec. (a)(1). Pub. L. 96–70, §3302(e)(9)(B), substituted "Panama Canal Commission are concerned
to the Commission" for "Canal Zone Government and of the Panama Canal Company are concerned to
the Governor of the Canal Zone".
Subsec. (b). Pub. L. 96–70, §3302(e)(9)(C)–(E), substituted "Panama Canal Commission" for "Canal
Zone Government" in two places and "Panama Canal Commission" for "Governor of the Canal Zone" and
struck out "or from funds from the Panama Canal Company" after "The Alaska Railroad".
Subsec. (c). Pub. L. 96–70, §3302(e)(9)(F), substituted "Panama Canal Commission" for "Governor of
the Canal Zone" and "employee of the Panama Canal Commission" for "employee of the Canal Zone
Government or the Panama Canal Company".
Subsec. (e). Pub. L. 96–70, §3302(e)(9)(G), substituted "Panama Canal Commission" for "Canal Zone
Government and of the Panama Canal Company".
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S

N

E

R

D

S

1979 A

Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an
Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

§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 (Public Law 89–488) under the following statutes: Act of February 15, 1934 (48 Stat. 351); Act of
June 26, 1936 (49 Stat. 2035); Act of April 8, 1935 (49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); Public Law 84–
955 (August 3, 1956); Public Law 77–784 (December 2, 1942); Public Law 84–879 (August 1, 1956); Public Law 80–
896 (July 3, 1948); Act of September 8, 1959 (73 Stat. 469). Benefit payments to these persons shall initially be
increased by the total percentage of the increases in the price index from the base month of July 1966, to the next
most recent base month following the effective date of this subsection.
(Added Pub. L. 90–83, §1(67)(A), Sept. 11, 1967, 81 Stat. 212; amended Pub. L. 93–416, §§21, 24, Sept. 7, 1974, 88
Stat. 1149, 1150; Pub. L. 96–499, title IV, §421(a), Dec. 5, 1980, 94 Stat. 2608.)
H
Section of title 5
8146a(a)
8146a(b)

R

N

Source (U.S. Code)
5 App.: 793a(a).
5 App.: 793a(b).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §14 "Sec.
43(a), (b)", 80 Stat. 256.

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 Public Law 89–488 as redesignated section 43 of the Federal Employees'
Compensation Act as section 44 is omitted as unnecessary in view of the codification of that act in title 5,
United States Code.
E

R

N

T

"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 Pub. L. 89–488, July 4, 1966, 80 Stat.
256, which was set out as a note under section 756 of former Title 5, Executive Departments and
Government Officers and Employees, prior to the 1966 revision of Title 5 by Pub. L. 89–554. Such section
15 of the Federal Employees' Compensation Act Amendments of 1966 directed that benefit increases
mandated by the Federal Employees' Compensation Act Amendments of 1966 not apply to employees
unless such employees fell within the definition of "employees" in section 40(b) (1) or (2) of the Federal
Employees' Compensation Act [section 790(b)(1) or (2) of former Title 5]. As a result section 15 of the
Federal Employees' Compensation Act Amendments of 1966 served to prohibit increases to persons to
whom the benefits of the Federal Employees' Compensation Act had been extended over the years by
Acts described in subsec. (c) as follows:
Act of February 15, 1934 (48 Stat. 351) which extended coverage to employees of the Federal Civil
Works Administration and was classified to section 796 of former Title 5.
Act of June 26, 1936 (49 Stat. 2035) probably means Act of June 29, 1936 which extended coverage to
certain W.W. I veterans and was set out as a note under section 134 of former Title 38, Pensions,
Bonuses, and Veterans' Relief.
Act of April 8, 1935 (49 Stat. 115) which extended coverage to certain emergency relief personnel, is act
April 8, 1935, ch. 48, 49 Stat. 115, which was enacted as legislation supplementary to the Federal
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4/22/2021

Emergency Relief Act of 1933, was classified to sections 721 and 728 of Title 15, Commerce and Trade, and
was omitted from the Code as temporary.
Act of July 25, 1942 (56 Stat. 710) which extended coverage to certain personnel of the War Relocation
Authority, was set out as a note under section 796 of former Title 5, Executive Departments and
Government Officers and Employees.
Public Law 84–955 (Aug. 3, 1956) which extended coverage to certain Civil Air Patrol personnel was set
out as a note under section 760 of former Title 5.
Public Law 77–784 (December 2, 1942), which extended coverage to war risk hazards of certain
employees of federal contractors, is act Dec. 2, 1942, ch. 668, 56 Stat. 1028, as amended, titles I and II of
which are popularly known as the War Hazards Compensation Act, and is classified principally to chapter
12 (§1701 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Tables.
Public Law 84–879 (August 1, 1956), which extended coverage to certain members of the Reserve
Officers Training Corps of the Army, Navy, and Air Force, was classified to section 802 of former Title 5,
Executive Departments and Government Officers and Employees.
Public Law 80–896 (July 3, 1948), which extended coverage to certain persons entitled to war claims, is
act July 3, 1948, ch. 826, 62 Stat. 1240, popularly known as the War Claims Act of 1948, which is
classified generally to chapter 51 (§4101 et seq.) of Title 50, War and National Defense. For complete
classification of this Act to the Code, see Tables.
Act of September 8, 1959 (73 Stat. 469) which transferred from the Department of Commerce to the
Department of Labor certain functions in respect to insurance benefits and disability payments to seamen
for W.W. II service-connected injuries, death, or disability, was not classified to the Code.

A
1980—Subsec. (a). Pub. L. 96–499 substituted "Compensation" for "Each month the Secretary of Labor
shall determine the percent change in the price index. Effective the first day of the month which begins
after the price index change equals a rise of at least 3 percent for 3 consecutive months over the price
index for the latest base month, compensation", "March 1 of each year shall be annually increased" for
"that first day shall be increased" and "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," for "percent rise in the price index
(calculated on the highest level of the price index during the 3 consecutive months)".
1974—Subsec. (a). Pub. L. 93–416, §21, substituted "Effective the first day of the month" for "Effective
the first day of the third month".
Subsec. (b). Pub. L. 93–416, §21, substituted "regular periodic compensation payments" for "monthly
compensation".
Subsec. (c). Pub. L. 93–416, §24, added subsec. (c).
S

N

E

D

R

S

1980 A

For effective date of amendment by Pub. L. 96–499, see section 422 of Pub. L. 96–499, set out as a note
under section 8101 of this title.

E

D

1974 A

Amendment by Pub. L. 93–416 applicable to cases where injury or death occurred prior to Sept. 7, 1974,
but only to the period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a
note under section 8101 of this title.

P

N

A

C

-

-L

A

Increases authorized by this section not applicable to employees and individuals not within the
definition of "employee" in section 8101(1)(A), (B), or (D) of this title, members of the Metropolitan Police or
the Fire Department of the District of Columbia who are pensioned or pensionable under sections 521 to
535 of title 4, District of Columbia Code, or members of a uniformed service, see section 7 of Pub. L. 90–83,
set out as a note under section 8103 of this title.

§8147. Employees' Compensation Fund
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(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 sections 8131 and 8132 of this title.
(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 section 9101(2) of title 31, or
any other corporation or agency or instrumentality (or activity thereof) which is required by statute to submit an annual
budget pursuant to or as provided by chapter 91 of title 31, shall pay an additional amount for its fair share of the cost
of administration of this subchapter as determined by the Secretary. With respect to these corporations, agencies, and
instrumentalities, the charges billed by the Secretary under this section shall include an additional amount for these
costs, which shall be paid into the Treasury as miscellaneous receipts from the sources authorized and in the manner
otherwise provided by this section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 554; Pub. L. 90–83, §1(68), Sept. 11, 1967, 81 Stat. 213; Pub. L. 93–416,
§§25, 26, Sept. 7, 1974, 88 Stat. 1150; Pub. L. 94–273, §42, Apr. 21, 1976, 90 Stat. 381; Pub. L. 97–258, §3(a)(17),
Sept. 13, 1982, 96 Stat. 1063.)
H
Derivation

R
1966 A

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §35, 39 Stat. 749.
Sept. 12, 1950, ch. 946, §301(92), 64 Stat.
844.
Sept. 13, 1960, Pub. L. 86–767, §209, 74
Stat. 909.

U.S. Code
5 U.S.C. 785.

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.
1967 A
Section of title 5
8147(a)

Source (U.S. Code)
5 App.: 785(d).

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §10(c), 80 Stat.
255.

The word "performed" is substituted for "rendered" to conform to the style of title 5. The words "sections
8131 and 8132 of this title" are substituted for "sections 26 and 27" to reflect the codification of those
sections in title 5.

E

N

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4/22/2021

A
1982—Subsec. (c). Pub. L. 97–258 substituted "section 9101(2)" for "section 856", and "chapter 91" for
"sections 841–869".
1976—Subsec. (b). Pub. L. 94–273 inserted "during the first fifteen days of October following the
furnishing of the statement" after "its control" and substituted "July 1 through June 30 expense period" for
"fiscal year" and "the fiscal year beginning in the next calendar year" for "the next fiscal year".
1974—Subsec. (a). Pub. L. 93–416, §26, substituted "Office of Management and Budget" for "Bureau of
the Budget".
Subsec. (c). Pub. L. 93–416, §25, inserted reference to the United States Postal Service.
S

N

E

R

D

S

1974 A

Amendment by section 25 of Pub. L. 93–416 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 Pub. L. 93–416,
set out as a note under section 8101 of this title.
Amendment by section 26 of Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any death or
injury occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under
section 8101 of this title.

G

P

O

P

C

A

Pub. L. 105–275, title III, §313, Oct. 21, 1998, 112 Stat. 2460, as amended by Pub. L. 113–235, div. H, title I,
§1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that: "For purposes of section 8147 of title 5, United States
Code, the Government Publishing Office is not considered an agency which is required by statute to
submit an annual budget pursuant to or as provided by chapter 91 of title 31, United States Code, and is not

required to pay an additional amount for the cost of administration."

F

Y

1994 P

P
S

F

I

C

I

F

Pub. L. 103–112, title I, §102, Oct. 21, 1993, 107 Stat. 1089, Department of Labor Appropriation Act, 1994,
provided that: "None of the funds in the Employees' Compensation Fund under 5 U.S.C. 8147 shall be
expended for payment of compensation, benefits, and expenses to any individual convicted of a violation
of 18 U.S.C. 1920, or of any felony fraud related to the application for or receipt of benefits under
subchapters I or III of chapter 81 of title 5, United States Code."

D

I

F

B

J
A

1,
J
15, 1976,
15, 1975, S

S

P

Pub. L. 94–274, title I, §120, Apr. 21, 1976, 90 Stat. 389, provided that for the purposes of 5 U.S.C. 8147(b),
each agency and instrumentality of the United States dependent upon an annual appropriation and
having an employee who is or may be entitled to compensation benefits under this subchapter or any
extension or application thereof shall deposit in the Treasury to the credit of the Employees'
Compensation Fund, no later than July 15, 1976, but no earlier than July 1, 1976, 25 per centum of the
amount stated in the August 15, 1975, statement.

P

N

A

1967 I

Increases authorized under amendment by section 1(71) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8148. Forfeiture of benefits by convicted felons
(a) Any individual convicted of a violation of section 1920 of title 18, or any other Federal or State criminal statute
relating to fraud in the application for or receipt of any benefit under this subchapter or subchapter III of this chapter,
shall forfeit (as of the date of such conviction) any entitlement to any benefit such individual would otherwise be entitled
to under this subchapter or subchapter III for any injury occurring on or before the date of such conviction. Such
forfeiture shall be in addition to any action the Secretary may take under section 8106 or 8129.
(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
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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 section 552a of this title, or any other provision of Federal or State law, any
agency of the United States Government or of any State (or political subdivision thereof) shall make available to the
Secretary of Labor, upon written request, the names and Social Security account numbers of individuals who are
confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such agency, pursuant
to such individuals' conviction of an offense that constituted a felony under applicable law, which the Secretary of Labor
may require to carry out the provisions of this section.
(Added Pub. L. 103–333, title I, §101(a)(1), Sept. 30, 1994, 108 Stat. 2546; amended Pub. L. 105–247, §1, Oct. 9,
1998, 112 Stat. 1863.)
E

P

N

P

A prior section 8148, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555, provided for a report to Congress by
Secretary of Labor at beginning of each regular session covering work for preceding fiscal year under this
subchapter, prior to repeal by Pub. L. 90–83, §1(69), Sept. 11, 1967, 81 Stat. 213.

A
1998—Subsec. (a). Pub. L. 105–247 substituted "or receipt" for "a receipt".
S

N

R

E

S

D

Pub. L. 103–333, title I, §101(c), Sept. 30, 1994, 108 Stat. 2548, provided that: "The amendments made by
this section [enacting this section and amending section 1920 of Title 18, Crimes and Criminal Procedure]
shall take effect on the date of the enactment of this Act [Sept. 30, 1994]. The amendments made by
subsection (a) [enacting this section] shall apply to claims filed before, on, or after the date of enactment
of this Act, and shall apply only to individuals convicted after such date of enactment."

§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 section 8124 of this title. The rules and
regulations shall provide for an Employees' Compensation Appeals Board of three individuals designated or appointed
by the Secretary with authority to hear and, subject to applicable law and the rules and regulations of the Secretary,
make final decisions on appeals taken from determinations and awards with respect to claims of employees. In
adjudicating claims under section 8146 of this title, the Secretary may determine the nature and extent of the proof and
evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death
for which claim is made.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 90–83, §1(71), Sept. 11, 1967, 81 Stat. 213.)
H
Derivation

R
1966 A

U.S. Code
5 U.S.C. 783 (less last 9 words).
[Uncodified].
[Uncodified].

N
Revised Statutes and
Statutes at Large
Sept. 7, 1916, ch. 458, §32 (less last 9
words), 39 Stat. 749.
1946 Reorg. Plan No. 2, §3 (2d sentence),
eff. July 16, 1946, 60 Stat. 1095.
1950 Reorg. Plan No. 19, §2, eff. May 24,
1950, 64 Stat. 1272.

The words "administration and" are added for clarity.
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Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg.
Plan No. 19, 64 Stat. 1271 (see section 8145).
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.
1967 A
Section of title 5
8149

Source (U.S. Code)
5 App.: 783.

Source (Statutes at Large)
July 4, 1966, Pub. L. 89–488, §§11(a), 12, 80
Stat. 255.

In the first sentence, the words "section 8124 of this title" are substituted for "section 36" to reflect the
codification of that section in title 5, United States Code.
In the second sentence, the word "adjudicating" is substituted for "in the adjudication of". The words
"section 8146 of this title" and "this subchapter" are substituted for "section 42 of this Act" and "this Act",
respectively, to reflect the codification of the Federal Employees' Compensation Act in title 5, United States
Code.
S

N

P

R

N

S

A

1967 I

Increases authorized under amendment by section 1(71) of Pub. L. 90–83 not applicable to specified
personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§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) Section 8141 of this title and section 9491 of title 10 do not confer military or veteran status on any individual.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 115–232, div. A, title VIII, §809(c)(4), Aug. 13, 2018, 132 Stat.
1841.)
H
Derivation
(a)
(b)

R

N
Revised Statutes and
Statutes at Large
Oct. 14, 1949, ch. 691, §305(b), 63 Stat. 868.
Aug. 3, 1956, ch. 926, §1 "Sec. 4", 70 Stat.
981.

U.S. Code
5 U.S.C. 791–4(b).
5 U.S.C. 803a.

Standard changes are made to conform with the definitions applicable and the style of this title as
outlined in the preface to the report.
E

N

A
2018—Subsec. (b). Pub. L. 115–232 substituted "section 9491 of title 10" for "section 9441 of title 10".
S

E

N

D

R

S

2018 A

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a
note preceding section 3001 of Title 10, Armed Forces.

§8151. Civil service retention rights
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(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 withingrade 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 Pub. L. 93–416, §22, Sept. 7, 1974, 88 Stat. 1149; amended Pub. L. 95–454, title IX, §906(a)(2), Oct. 13,
1978, 92 Stat. 1224.)
E

N

A
1978—Subsec. (b). Pub. L. 95–454 substituted "Office of Personnel Management" for "Civil Service
Commission".
S

E

N

D

R

S

1978 A

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454,
set out as a note under section 1101 of this title.

E

D

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 Pub. L. 93–416, set out as an Effective Date of
1974 Amendment note under section 8101 of this title.

§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 (33 U.S.C. 942).
(Added Pub. L. 104–66, title I, §1102(b)(3)(A), Dec. 21, 1995, 109 Stat. 723.)
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 (33 U.S.C. 901 et seq.) applies with respect to disability
or death resulting from injury, as defined by section 2(2) of such Act (33 U.S.C. 902(2)), occurring to an employee of a
nonappropriated fund instrumentality described by section 2105(c) of this title, or to a volunteer providing such an
instrumentality with services accepted under section 1588 of title 10, who is—
(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.
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However, that part of section 3(a) of such Act (33 U.S.C. 903(a)) which follows the second comma does not apply to
such an employee.
(b) For the purpose of this subchapter, the term "employer" in section 2(4) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 902(4)) includes the nonappropriated fund instrumentalities described by section 2105(c)
of this title.
(c) The Secretary of Labor may—
(1) extend compensation districts established under section 39(b) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 939(b)), or establish new districts to include the areas outside the continental United
States; and
(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 (33
U.S.C. 918 and 921) with respect to an injury or death occurring outside the continental United States shall be
instituted in the district court within the territorial jurisdiction of which is located the office of the deputy commissioner
having jurisdiction with respect to the injury or death.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 103–337, div. A, title X, §§1061(c), 1070(d)(8)(A), Oct. 5, 1994,
108 Stat. 2847, 2858; Pub. L. 104–106, div. A, title XV, §1505(b)(1), Feb. 10, 1996, 110 Stat. 514.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
June 19, 1952, ch. 444, §2, 66 Stat. 139.
July 18, 1958, Pub. L. 85–538, §1 "Sec.
2(a)", 72 Stat. 397.

U.S. Code
5 U.S.C. 150k–1(a).

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.
E

R

N

T

The Longshore and Harbor Workers' Compensation Act, referred to in subsec. (a), is act Mar. 4, 1927,
ch. 509, 44 Stat. 1424, as amended, which is classified generally to chapter 18 (§901 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of this Act to the Code, see section 901 of
Title 33 and Tables.

A
1996—Subsec. (a). Pub. L. 104–106, §1505(b)(1)(A), substituted "903(a))" for "903(3))" in concluding
provisions.
Subsec. (c)(1). Pub. L. 104–106, §1505(b)(1)(B), inserted "section" before "39(b)".
Subsec. (d). Pub. L. 104–106, §1505(b)(1)(C), substituted "(33 U.S.C. 918 and 921)" for "(33 U.S.C. 18 and
21, respectively)".
1994—Subsec. (a). Pub. L. 103–337, §1070(d)(8)(A)(i)(III), substituted "section 3(a) of such Act (33 U.S.C.
903(3)) which follows the second comma" for "section 903(a) of title 33 which follows the first comma" in
second sentence.
Pub. L. 103–337, §1070(d)(8)(A)(i)(I), (II), substituted "The Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.)" for "Chapter 18 of title 33" and "section 2(2) of such Act (33 U.S.C.
902(2))" for "section 902(2) of title 33", in introductory provisions.
Pub. L. 103–337, §1061(c), inserted ", or to a volunteer providing such an instrumentality with services
accepted under section 1588 of title 10," after "described by section 2105(c) of this title" in introductory
provisions.
Subsec. (b). Pub. L. 103–337, §1070(d)(8)(A)(ii), substituted "section 2(4) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 902(4))" for "section 902(4) of title 33".
Subsec. (c)(1). Pub. L. 103–337, §1070(d)(8)(A)(iii), substituted "39(b) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 939(b))" for "section 939(b) of title 33".
Subsec. (d). Pub. L. 103–337, §1070(d)(8)(A)(iv), substituted "sections 18 and 21 of the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 18 and 21, respectively)" for "sections 918 and 921 of title 33".
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§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 (33 U.S.C. 902(2)), occurring to an employee of a nonappropriated fund instrumentality described
by section 2105(c) of this title who is—
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–272, §4(b)(3), July 5, 1994, 108 Stat. 1361; Pub. L. 103–
337, div. A, title X, §1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, §1505(b)(2), Feb. 10,
1996, 110 Stat. 514.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
July 18, 1958, Pub. L. 85–538, §1 "Sec.
2(b)", 72 Stat. 397.

U.S. Code
5 U.S.C. 150k–1(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.
E

N

A
1996—Pub. L. 104–106 substituted "(33 U.S.C. 902(2))" for "(33 U.S.C. 2(2))" in introductory provisions.
1994—Pub. L. 103–337 substituted "section 2(2) of the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 2(2))" for "section 902(2) of title 33" in introductory provisions.
Pub. L. 103–272 substituted "Secretary of Transportation" for "Secretary of the Treasury" in concluding

provisions.

§8173. Liability under this subchapter exclusive
The liability of the United States or of a nonappropriated fund instrumentality described by section 2105(c) of this
title, with respect to the disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 902(2)), of an employee referred to by sections 8171 and 8172 of this title,
shall be determined as provided by this subchapter. This liability 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
disability 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–337, div. A, title X, §1070(d)(8)(B), Oct. 5, 1994, 108 Stat.
2859; Pub. L. 104–106, div. A, title XV, §1505(b)(2), Feb. 10, 1996, 110 Stat. 514.)
H
Derivation

R

N
Revised Statutes and
Statutes at Large
July 18, 1958, Pub. L. 85–538, §1 "Sec.
2(c)", 72 Stat. 397.

U.S. Code
5 U.S.C. 150k–1(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.
E

N

A
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1996—Pub. L. 104–106 substituted "(33 U.S.C. 902(2))" for "(33 U.S.C. 2(2))".
1994—Pub. L. 103–337 substituted "section 2(2) of the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 2(2))" for "section 902(2) of title 33".

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 Pub. L. 90–291, §1(a), Apr. 19, 1968, 82 Stat. 98; amended Pub. L. 90–623, §1(20), Oct. 22, 1968, 82 Stat.
1313.)
E

N

A
1968—Pub. L. 90–623 substituted "For the purposes of this subchapter" for "For the purposes of this

Act".

S

E

N

D

R

S

1968 A

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct.
22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

E

D

Section 2 of Pub. L. 90–291 provided that: "The amendments made by section 1 of this Act [enacting this
section and sections 8192 and 8193 of this title] are effective only with respect to personal injuries sustained
on or after the date of enactment of this Act [Apr. 19, 1968]."

§8192. Benefits
(a) B
E
I
.—The Secretary of Labor shall furnish to any eligible officer the benefits to which
he would have been entitled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had
been an employee as defined in section 8101(1) engaged in the performance of his duty, reduced or adjusted as the
Secretary of Labor in his discretion may deem appropriate to reflect comparable benefits, if any, received by the officer
(or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that
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occasion. When an enforcement officer has contributed to a disability compensation fund, the reduction of Federal
benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which
bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local
government bears to the cost of disability coverage for the individual officer.
(b) B
E
D
.—The Secretary of Labor shall pay to any survivor of an eligible officer the
difference, as determined by the Secretary in his discretion, between the benefits to which that survivor would be
entitled if the officer had been an employee as defined in section 8101(1) engaged in the performance of his duty on
the occasion giving rise to his eligibility, and the comparable benefits, if any, received by the survivor (or which that
survivor would have been entitled to receive but for this subchapter) by virtue of the officer's actual employment on that
occasion. When an enforcement officer has contributed to a survivor's benefit fund, the reduction of Federal benefits
provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the
same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government
bears to the cost of survivor's benefits coverage for the individual officer.
(Added Pub. L. 90–291, §1(a), Apr. 19, 1968, 82 Stat. 99.)
S

N

E

R

S

D

Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section
2 of Pub. L. 90–291, set out as a note under section 8191 of this title.

§8193. Administration
(a) D
R
C
.—For the purpose of this subchapter—
(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) D
.—
(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) A
.—An application for any benefit under this subchapter may be made only—
(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) C
W
A
G
O
A
.—The Secretary of Labor may refer any
application received by him pursuant to this subchapter to the Attorney General for his assistance, comments and
advice as to any determination required to be made pursuant to paragraph (1), (2), or (3) of section 8191. To insure
that all Federal assistance under this subchapter is carried out in a coordinated manner, the Secretary of Labor is
authorized to request any Federal department or agency to supply any statistics, data, or any other materials he
deems necessary to carry out his functions under this subchapter. Each such department or agency is authorized to
cooperate with the Secretary of Labor and, to the extent permitted by law, to furnish such materials to him.
(e) C
W
S
A
.—The Secretary of Labor shall cooperate fully with the appropriate State
and local officials, and shall take all other practicable measures, to assure that the benefits of this subchapter are
made available to eligible officers and their survivors with a minimum of delay and difficulty.
(f) A
.—There are authorized to be appropriated such sums as may be necessary to carry out this
subchapter.
(Added Pub. L. 90–291, §1(a), Apr. 19, 1968, 82 Stat. 99; amended Pub. L. 94–183, §2(31), Dec. 31, 1975, 89 Stat.
1058.)
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E

N

A
1975—Subsec. (f). Pub. L. 94–183 redesignated subsec. (e), relating to appropriations, as subsec. (f).
S

N

E

R

S

D

Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section
2 of Pub. L. 90–291, set out as a note under section 8191 of this title.

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