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5 U.S.C. § 8191 — Determination of eligibility

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

5 U.S.C. § 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 ap

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Source location: Title 5, Chapter 81, § 8191; chapter-081-compensation-for-work-injuries.md

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

5 U.S.C. § 5334 — Rate on change of position or type of appointment; regulations

**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. **(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic

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

34 U.S.C. § 10281 — Payment of death benefits

**(a) Amount; recipients** In any case in which the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the “Bureau”) determines, under regulations issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, a benefit of $250,000, adjusted in accordance with subsection (h), and calculated in accordance with subsection (i), shall be payable by the Bureau, as follows (if the payee indicated is living on the date on which the determination is made)— (1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer; (2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse; (3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares); (4) if there is no surviving spouse of the public safety officer and no surviving child— (A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or (B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the tim

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

5 U.S.C. § 8192 — Benefits

**(a) Benefits in Event of Injury.—** 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 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) Benefits in Event of Death.—** 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 o

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

5 U.S.C. § 8193 — Administration

**(a) Definitions and Rules of Construction.—** 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) Delegation.—** (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) Applications.—** 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) Consultation With Attorney General and Other Agencies.—** 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

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

5 U.S.C. § 8191 — Determination of eligibility

Page 966 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8173 (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 ap- proved by the Secretary of Defense or regula- tions prescribed by the Secretary of Transpor- tation, 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 150k–1(b). July 18, 1958, Pub. L. 85–538, § 1 ‘‘Sec. 2(b)’’, 72 Stat. 397. 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. Editorial Notes AMENDMENTS 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 introduc- tory provisions. Pub. L. 103–272 substituted ‘‘Secretary of Transpor- tation’’ for ‘‘Secretary of the Treasury’’ in concluding provisions. § 8173. Liability under this subchapter exclusive The liability of the United States or of a non- appropriated fund instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as de- fined by section 2(2) of the Longshore and Har- bor Workers’ Compensation Act (33 U.S.C. 902(2)), of an employe

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