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5 U.S.C. § 8141 — Civil Air Patrol volunteers

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

5 U.S.C. § 8141 — Civil Air Patrol volunteers

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Source file: Laws/federal/codes/united-states-code/title-5/section-8141-civil-air-patrol-volunteers--99722faacc.md
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Source location: Title 5, Chapter 81, § 8141; chapter-081-compensation-for-work-injuries.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) for the purpose of computing compensation for disability or death; (2) the percentages applicable to payments under [section 8133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133&num=0&edition=prelim) are— (A) 45 percent for [section 8133(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133/a/2&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133/a/2&num=0&edition=prelim); (B) 20 percent for [section 8133(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133/a/3&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133/a/4&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133/a/5&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8120&num=0&edition=prelim), or other reports agreed on under that section.

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

5 U.S.C. § 803 — Special rule on statutory, regulatory, and judicial deadlines

**(a)** In the case of any deadline for, relating to, or involving any rule which does not take effect (or the effectiveness of which is terminated) because of enactment of a joint resolution under section 802, that deadline is extended until the date 1 year after the date of enactment of the joint resolution. Nothing in this subsection shall be construed to affect a deadline merely by reason of the postponement of a rule’s effective date under section 801(a). **(b)** The term “deadline” means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or regulation, or by or under any court order implementing any Federal statute or regulation.

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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

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

42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

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

5 U.S.C. § 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.

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

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

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

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8141&num=0&edition=prelim) and [section 9491 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9491&num=0&edition=prelim) do not confer military or veteran status on any individual.

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

5 U.S.C. § 8141 — Civil Air Patrol volunteers

Page 954 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8141 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 depart- ment in providing hospitalization, medical and surgical care, necessary transportation incident to that hospitalization or medical and surgical care, or in connection with a funeral and burial on behalf of an individual covered by subsection (a) of this section shall be reimbursed by the Secretary of Labor from the Employees’ Com- pensation Fund in accordance with this sub- chapter. However, reimbursement may not be made for hospitalization or medical or surgical care provided an individual by a military de- partment in a facility of a military department. (g) For purposes of this section, the term ‘‘ap- plicant for membership’’ includes a student en- rolled, during a semester or other enrollment term, in a course which is part of Reserve Offi- cers’ Training Corps instruction at an edu- cational 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 802. Aug. 1, 1956, ch. 830, § 4, 70 Stat. 805. Oct. 13, 1964, Pub. L. 88–647, § 302, 78 Stat. 1073. In subsection (a), the words ‘‘Subject to the provi- sions 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 author- ized by

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