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5 U.S.C. § 8114 — Computation of pay
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “overtime pay” means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and
(2) “year” means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Secretary of Labor.
**(b)** In computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section.
**(c)** The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, in the discretion of the Secretary of Labor, may be computed on the basis of the actual daily wage of the employee at the time of injury in which event he may be paid compensation for the days he would have worked but for the injury.
**(d)** Average annual earnings are determined as follows:
(1) If the employee worked in the employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay—
(A) was fixed, the average annual earnings are the annual rate of pay; or
(B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workwe
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Source file: Laws/federal/codes/united-states-code/title-5/section-8114-computation-of-pay--58974254d4.md
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Source location: Title 5, Chapter 81, § 8114; chapter-081-compensation-for-work-injuries.md
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**(a)** For the purpose of this section—
(1) “overtime pay” means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and
(2) “year” means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Secretary of Labor.
**(b)** In computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section.
**(c)** The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, in the discretion of the Secretary of Labor, may be computed on the basis of the actual daily wage of the employee at the time of injury in which event he may be paid compensation for the days he would have worked but for the injury.
**(d)** Average annual earnings are determined as follows:
(1) If the employee worked in the employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay—
(A) was fixed, the average annual earnings are the annual rate of pay; or
(B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 5½-day week, and 260 if employed on the basis of a 5-day week.
(2) If the employee did not work in employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment by the United States in the same or neighboring place, as determined under paragraph (1) of this subsection.
(3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he was working at the time of the injury having regard to the previous earnings of the employee in Federal employment, and of other employees of the United States in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee, or other relevant factors. However, the average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment 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 performed 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5545/c/1&num=0&edition=prelim) 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 differential in cost of living or other special circumstances; or
(3) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions of this section and title 5 of the United States Code, subchapter 1 of chapter 81, title 5, United States Code, applies to a Federal grand or petit juror, except that entitlement to disability compensation payments does not commence until the day after the date of termination of service as a juror.
**(b)** In administering this section with respect to a juror covered by this section—
(1) a juror is deemed to receive monthly pay at the minimum rate for grade GS–2 of the General Schedule unless his actual pay as a Government employee while serving on court leave is higher, in which case monthly pay is determined in accordance with [section 8114 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8114&num=0&edition=prelim), United States Code, and
(2) performance of duty as a juror includes that time when a juror is (A) in attendance at court pursuant to a summons, (B) in deliberation, (C) sequestered by order of a judge, or (D) at a site, by order of the court, for the taking of a view.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1877
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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
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) 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);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee eligible for insurance is entitled to be insured for an amount of group life insurance equal to—
(1) the employee’s basic insurance amount, multiplied by
(2) the appropriate factor determined on the basis of the employee’s age in accordance with the following schedule: If the age of the employee isThe appropriate factor is: 35 or under2.0 361.9 371.8 381.7 391.6 401.5 411.4 421.3 431.2 441.1 45 or over1.0.
**(b)** An employee eligible for insurance is entitled to be insured for group accidental death and dismemberment insurance in accordance with this subsection. Subject to the conditions and limitations approved by the Office of Personnel Management which are contained in the policy purchased by the Office, the group accidental death and dismemberment insurance provides payment as follows: LossAmount payable For loss of lifeFull amount of the employee’s basic insurance amount. Loss of one hand or of one foot or loss of sight of one eyeOne-half the amount of the employee’s basic insurance amount. Loss of two or more such membersFull amount of the employee’s basic insurance amount. For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed an amount equal to the employee’s basic insurance amount.
**(c)** The Office shall prescribe regulations providing for the conversion of other than annual rates of pay to annual rates of pay and shall specify the types of pay included in annual pay. For the purpose of this chapter, “annual pay” includes—
(1) premium pay under [section 5545(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5545/c/1&num=0&edition=prelim); and
(2) with respect to a law enforcement officer as defined in section 8331(2
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8704
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Federal law — U.S. Code and appendices · legal_authorities
Page 939
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8114
(1) was a minor or employed in a learner’s
capacity at the time of injury; and
(2) was not physically or mentally handi-
capped before the injury;
the Secretary of Labor, on review under section
8128 of this title after the time the wage-earning
capacity of the individual would probably have
increased but for the injury, shall recompute
prospectively the monetary compensation pay-
able for disability on the basis of an assumed
monthly pay corresponding to the probable in-
creased wage-earning capacity.
(b) If an individual without good cause fails to
apply for and undergo vocational rehabilitation
when so directed under section 8104 of this title,
the Secretary, on review under section 8128 of
this title and after finding that in the absence of
the failure the wage-earning capacity of the in-
dividual would probably have substantially in-
creased, may reduce prospectively the monetary
compensation of the individual in accordance
with what would probably have been his wage-
earning capacity in the absence of the failure,
until the individual in good faith complies with
the direction of the Secretary.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L.
90–83, § 1(100), Sept. 11, 1967, 81 Stat. 220; Pub. L.
93–416, § 8(a), Sept. 7, 1974, 88 Stat. 1145.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 756(d).
Oct. 14, 1949, ch. 691, § 105
‘‘Sec. 6(d)’’, 63 Stat. 859.
Administration of this subchapter was transferred to
the Secretary of Labor by section 1 of 1950 Reorg. Plan
No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the defi-
nitions applicable and the style of t
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8114
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