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5 U.S.C. § 8109 — Beneficiaries of awards unpaid at death; order of precedence

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

5 U.S.C. § 8109 — Beneficiaries of awards unpaid at death; order of precedence

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Stable record: federal_law:legal_authorities:record_usc_95577b3fdabfe497499b81a7
Source file: Laws/federal/codes/united-states-code/title-5/section-8109-beneficiaries-of-awards-unpaid-at-death-order-of-precedence--7189b79327.md
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Source location: Title 5, Chapter 81, § 8109; chapter-081-compensation-for-work-injuries.md

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**(a)** If an individual— (1) has sustained disability compensable under [section 8107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8107/a&num=0&edition=prelim); (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 (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133/a/5&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8134&num=0&edition=prelim), an amount not exceeding that which would be expendable under [section 8134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8134&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8107/a&num=0&edition=prelim) even if at the time of death the individual was entitled to the augmented rate specified by [section 8110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8110&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8133&num=0&edition=prelim). 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.

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

5 U.S.C. § 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; (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim) 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 8⅓ 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 8⅓ 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](https://uscode.house.gov

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

5 U.S.C. § 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.

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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

5 U.S.C. § 8103 — Medical services and initial medical and other benefits

**(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

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

42 U.S.C. § 7384u — Compensation and benefits to be provided

**(a) Compensation provided** (1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered employee if the employee is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness in the amount of $150,000. (2) A covered employee shall, to the extent that employee’s occupational illness is established beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1). **(b) Medical benefits** A covered employee shall receive medical benefits under [section 7384t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384t&num=0&edition=prelim) for that employee’s occupational illness. **(c) Beryllium sensitivity monitoring** An individual receiving beryllium sensitivity monitoring under this subsection shall receive the following: (1) A thorough medical examination to confirm the nature and extent of the individual’s established beryllium sensitivity. (2) Regular medical examinations thereafter to determine whether that individual has developed established chronic beryllium disease. **(d) Payment from compensation fund** The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under [section 7384e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384e&num=0&edition=prelim). **(e) Payments in the case of deceased persons** (1) In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee’s occupational illness, such payment may be made o

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7384u

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

42 U.S.C. § 7384w — Separate treatment of certain uranium employees

**(a) Compensation provided** An individual who receives, or has received, $100,000 under section 5 of the Radiation Exposure Compensation Act ([42 U.S.C. 2210](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210&num=0&edition=prelim) note) for a claim made under that Act (hereafter in this section referred to as a “covered uranium employee”), or the survivor of that covered uranium employee if the employee is deceased, shall receive compensation under this section in the amount of $50,000. **(b) Medical benefits** A covered uranium employee shall receive medical benefits under [section 7384t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384t&num=0&edition=prelim) for the illness for which that employee received $100,000 under section 5 of that Act. **(c) Coordination with RECA** The compensation and benefits provided in subsections (a) and (b) are separate from any compensation or benefits provided under that Act. **(d) Payment from compensation fund** The compensation provided under this section and the compensation provided under section 5 of the Radiation Exposure Compensation Act, when authorized or approved by the President, shall be paid from the compensation fund established under [section 7384e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384e&num=0&edition=prelim). **(e) Payments in the case of deceased persons** (1) In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee’s occupational illness, such payment may be made only as follows: (A) If the covered employee is survived by a spouse who is living at the time of pa

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

5 U.S.C. § 8109 — Beneficiaries of awards unpaid at death;

Page 936 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8108 stituted for ‘‘section 3’’ and ‘‘subsection (a) of section 4’’, respectively, to reflect the codification of title 5. Editorial Notes AMENDMENTS 1974—Subsec. (a). Pub. L. 93–416, § 4, substituted ‘‘in- volving the loss, or loss of use’’ for ‘‘involving the loss of use’’. Subsec. (c)(22). Pub. L. 93–416, § 5, added par. (22). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT 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. PERSONNEL NOT AFFECTED BY 1967 INCREASE 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 subse- quent 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 dis- ability of the same member or function or dif- ferent parts of the same member or function or for disfigurement; and (2) the Secretary of Labor finds that com- pensation payable for the later disability in whole or in part would duplicate the com- pensation payable for the preexisting dis- ability. In such a case, compensation for disability con- tinuing after the scheduled period starts on ex- piration of that period as reduced under this sec- tion. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, § 1(51), Sept. 11, 1967, 81 Stat. 210.) HISTORICAL

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8109

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