Browse Arkansas Code titles and sections

5 U.S.C. § 8138 — Minimum limit modification for noncitizens and aliens

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8112&num=0&edition=prelim) and the minimum limit on monthly pay on which death compensation is computed under [section 8133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8112&num=0&edition=prelim) and the minimum limit on monthly pay on which death compensation is computed under [section 8133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133&num=0&edition=prelim) 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8138

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 075167d30a03aa7146e667a81adb316748d8703fbb8d6cc6bf3a223d25147267. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_27a61dff026f26bd3a5f7650
Source file: Laws/federal/codes/united-states-code/title-5/section-8138-minimum-limit-modification-for-noncitizens-and-aliens--8af093d80d.md
Pages: Not recorded – Not recorded
Passage SHA-256: 252b6324126a71ae817bbcb5081ede2c0f87a68dee3f903b1aac5f73a78ca8c4

Source location: Title 5, Chapter 81, § 8138; chapter-081-compensation-for-work-injuries.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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 de

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8133

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8112 — Maximum and minimum monthly payments

**(a)** Except as provided by [section 8138 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8138&num=0&edition=prelim), the monthly rate of compensation for disability, including augmented compensation under [section 8110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8110&num=0&edition=prelim) but not including additional compensation under [section 8111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8111&num=0&edition=prelim), 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8112

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8138 — Minimum limit modification for nonciti-

Page 953 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8140 Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8138. Minimum limit modification for nonciti- zens and aliens (a) Except as provided by subsection (b) of this section, the minimum limit on monthly com- pensation 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 in- jury 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 Com- pany. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 793 (4th par., less 2d sentence). July 29, 1942, ch. 533 (less 2d sentence), 56 Stat. 725. Sept. 13, 1960, Pub. L. 86–767, § 210, 74 Stat. 910. (b) ............. 5 U.S.C. 793 (2d sen- tence of 2d par.). 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

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8138

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.