42 U.S.C. § 239e — Payment for death

Page 129 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 239e 1 So in original. Probably should be ‘‘involved’’. 1 See References in Text note below. mining the amount of payment under sub- section (a) and the circumstances under which such payments are reasonable and necessary. (B) Minors With respect to an eligible individual who is a minor, the Secretary may consider the provisions of section 8113 of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary. (4) Treatment of self-employment income For purposes of this section, the term ‘‘em- ployment income’’ includes income from self- employment. (c) Limitations (1) Benefits secondary to other coverage (A) In general Any compensation under subsection (a) shall be secondary to the obligation of the United States or any third party (including any State or local governmental entity, pri- vate insurance carrier, or employer), under any other law or contractual agreement, to pay compensation for loss of employment in- come or to provide disability or retirement benefits. (B) Relation to other obligations Compensation under subsection (a) shall not be made to an eligible individual to the extent that the total of amounts paid to the individual under such subsection and under the other obligations referred to in subpara- graph (A) is an amount that exceeds the rate specified in subsection (b)(1). If under any such other obligation a lump-sum payment is made, such payment shall, for purposes of this paragraph, be deemed to be received over multiple years rather than received in a single year. The Secretary may, in the dis- cretion of the Secretary, determine how to apportion such payment over multiple years. (2) No benefits in case of death No payment shall be made under subsection (a) in compensation for loss of employment in- come subsequent to the receipt, by the sur- vivor or survivors of an eligible individual, of benefits under section 239e of this title for death. (3) Limit on total benefits (A) In general Except as provided in subparagraph (B)— (i) total compensation paid to an indi- vidual under subsection (a) shall not ex- ceed $50,000 for any year; and (ii) the lifetime total of such compensa- tion for the individual may not exceed an amount equal to the amount authorized to be paid under section 239e of this title. (B) Permanent and total disability The limitation under subparagraph (A)(ii) does not apply in the case of an eligible indi- vidual who is determined to have a covered injury or injuries meeting the definition of disability in section 416(i) of this title. (4) Waiting period (A) In general Except as provided in subparagraph (B), an eligible individual shall not be provided compensation under this section for the first 5 work days of loss of employment income. (B) Exception Subparagraph (A) does not apply if the pe- riod of loss of employment income of an eli- gible individual is 10 or more work days. (5) Termination of benefits No payment shall be made under subsection (a) in compensation for loss of employment in- come once the eligible individual involves 1 reaches the age of 65. (d) Benefit in addition to medical benefits A benefit under subsection (a) shall be in addi- tion to any amounts received by an eligible indi- vidual under section 239c of this title. (July 1, 1944, ch. 373, title II, § 265, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 642.) § 239e. Payment for death (a) Death benefit (1) In general The Secretary shall pay, in the case of an el- igible individual whose death is determined to have resulted from a covered injury or inju- ries, a death benefit in the amount determined under paragraph (2) to the survivor or sur- vivors in the same manner as death benefits are paid pursuant to the Public Safety Offi- cers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) 1 with respect to an eligible deceased (except that in the case of an eligible individual who is a minor with no living parent, the legal guardian shall be considered the survivor in the place of the parent). (2) Benefit amount (A) In general The amount of the death benefit under paragraph (1) in a fiscal year shall equal the amount of the comparable benefit calculated under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) 1 in such fiscal year, without regard to any re- duction attributable to a limitation on ap- propriations, but subject to subparagraph (B). (B) Reduction for payments for lost employ- ment income The amount of the benefit as determined under subparagraph (A) shall be reduced by the total amount of any benefits paid under section 239d of this title with respect to lost employment income. Page 130 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 239f 2 So in original. 1 So in original. Probably should be ‘‘part’’. (3) Limitations (A) In general No benefit is payable under paragraph (1) with respect to the death of an eligible indi- vidual if— (i) a disability benefit is paid with re- spect to such individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omni- bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.); 1 or (ii) a death benefit is paid or payable with respect to such individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.).1 (B) Exception in the case of a limitation on appropriations for disability benefits under PSOB In the event that disability benefits avail- able to an eligible individual under the Pub- lic Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) 1 are reduced because of a limitation on appropriations, and such reduction would affect the amount that would be payable under subparagraph (A) without regard to this subparagraph, bene- fits shall be available under paragraph (1) to the extent necessary to ensure that the sur- vivor or survivors of such individual receives a total amount equal to the amount de- scribed in paragraph (2). (b) Election in case of dependents (1) In general In the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, if the individual had one or more dependents under the age of 18, the legal guardian of the dependents may, in lieu of the death benefit under subsection (a), elect to receive on behalf of the aggregate of such dependents payments in accordance with this subsection. An election under the preceding sentence is effective in lieu of a re- quest under subsection (a) by an individual who is not the legal guardian of such depend- ents. (2) Amount of payments Payments under paragraph (1) with respect to an eligible individual described in such paragraph shall be made as if such individual were an eligible individual to whom compensa- tion would be paid under subsection (a) of sec- tion 239d of this title, with the rate augmented in accordance with subsection (b)(2) of such section and with such individual considered to be an eligible individual described in sub- section (c)(3)(B) of such section. (3) Limitations (A) Age of dependents No payments may be made under para- graph (1) once the youngest of the depend- ents involved reaches the age of 18. (B) Benefits secondary to other coverage (i) In general Any payment under paragraph (1) shall be secondary to the obligation of the United States or any third party (includ- ing any State or local governmental enti- ty, private insurance carrier, or employer), under any other law or contractual agree- ment, to pay compensation for loss of em- ployment income or to provide disability benefits, retirement benefits, life insur- ance benefits on behalf of dependents under the age of 18, or death benefits. (ii) Relation to other obligations Payments under paragraph (1) shall not be made to with respect to 2 an eligible in- dividual to the extent that the total of amounts paid with respect to the indi- vidual under such paragraph and under the other obligations referred to in clause (i) is an amount that exceeds the rate of pay- ment that applies under paragraph (2). If under any such other obligation a lump- sum payment is made, such payment shall, for purposes of this subparagraph, be deemed to be received over multiple years rather than received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years. (c) Benefit in addition to medical benefits A benefit under subsection (a) or (b) shall be in addition to any amounts received by an eligible individual under section 239c of this title. (July 1, 1944, ch. 373, title II, § 266, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 643.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a)(1), (2)(A), (3), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Subpart 1 of part L of title I of the Act was classified generally to part A (§ 3796 et seq.) of subchapter XII of chapter 46 of this title prior to editorial reclassification and renumbering as part A (§ 10281 et seq.) of subchapter XI of chapter 101 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of Title 34 and Tables. § 239f. Administration (a) Administration by agreement with other agency or agencies The Secretary may administer any or all of the provisions of this part through Memo- randum of Agreement with the head of any ap- propriate Federal agency. (b) Regulations The head of the agency administering this part or provisions thereof (including any agency head administering such Act 1 or provisions through a Memorandum of Agreement under subsection (a)) may promulgate such imple-