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5 U.S.C. § 8116 — Limitations on right to receive compensation
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8107/c&num=0&edition=prelim).
**(b)** An individual entitled to benefits under this subchapter because of his injury, or because of the death of an employee, who also is entitled to receive from the United States under a provision of statute other than this subchapter payments or benefits for that injury or death (except proceeds of an insurance policy), because of service by him (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Secretary of Labor. The election when made is irrevocable, except as otherwis
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Source file: Laws/federal/codes/united-states-code/title-5/section-8116-limitations-on-right-to-receive-compensation--2dba0bb370.md
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Source location: Title 5, Chapter 81, § 8116; chapter-081-compensation-for-work-injuries.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8107/c&num=0&edition=prelim).
**(b)** An individual entitled to benefits under this subchapter because of his injury, or because of the death of an employee, who also is entitled to receive from the United States under a provision of statute other than this subchapter payments or benefits for that injury or death (except proceeds of an insurance policy), because of service by him (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Secretary of Labor. The election when made is irrevocable, except as otherwise provided by statute.
**(c)** The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a Federal tort liability statute. However, this subsection does not apply to a master or a member of a crew of a vessel.
**(d)** Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8107/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) the term “account” means an account established and maintained under [section 8439(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8439/a&num=0&edition=prelim);
(2) the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3) the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4) the term “basic pay” has the meaning given such term by section 8331(3);
(5) the term “Board” means the Federal Retirement Thrift Investment Board established by [section 8472(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8472/a&num=0&edition=prelim);
(6) the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;
(7) the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8) the term “Director” means the Director of the Office of Personnel Management;
(9) the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic p
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8401
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
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Federal law — U.S. Code and appendices · legal_authorities
**(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 u
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8103
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Federal law — U.S. Code and appendices · legal_authorities
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—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. 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 D
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8101
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Page 940
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8115
neighboring location, other previous employ-
ment of the employee, or other relevant fac-
tors. However, the average annual earnings
may not be less than 150 times the average
daily wage the employee earned in the em-
ployment 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 per-
formed 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 differen-
tial in cost of living or other special cir-
cumstances; 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.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 762.
Sept. 7, 1916, ch. 458, § 12, 39
Stat. 746.
Oct. 14, 1949, ch. 691, § 203, 63
Stat. 862.
In subsection (d)(4), the words ‘‘the mini
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8116
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.