5 U.S.C. § 8135 — Lump-sum payment

Page 951 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8135 ‘‘(A) who served as a civilian officer or employee of such an agency or department; ‘‘(B) who died as a result of an injury incurred during such service; and ‘‘(C) whose death— ‘‘(i) resulted from hostile or terrorist activities; or ‘‘(ii) occurred in connection with an intel- ligence activity having a substantial element of risk. ‘‘(b) USE OF BURIAL ALLOWANCE.—A burial allowance paid under subsection (a) may be used to reimburse such estate for burial expenses, including recovery, mortuary, funeral, or memorial service, cremation, burial costs, and costs of transportation by common carrier to the place selected for final disposition of the decedent. ‘‘(c) AMOUNT OF BURIAL ALLOWANCE; RELATIONSHIP TO OTHER PROVISIONS.—A burial allowance paid under sub- section (a) shall be— ‘‘(1) in an amount not greater than— ‘‘(A) the maximum reimbursable amount allowed under Department of Defense Instruction 1344.08 or successor instruction; plus ‘‘(B) the actual costs of transportation referred to in subsection (b); and ‘‘(2) in addition to any other benefit permitted under any other provision of law, including funds that may be expended as specified in the General Pro- visions section of the classified annex accompanying this Act. ‘‘(d) REPORT.—Not later than 180 days after the date of the enactment of this Act [Jan. 3, 2012], the Director of the Office of Personnel Management, in consultation with the Director of National Intelligence, the Sec- retary of Labor, and the Secretary of Defense, shall submit to Congress a report on the feasibility of imple- menting legislation to provide for burial allowances at a level which adequately addresses the cost of burial expenses and provides for equitable treatment when an officer or employee of a Federal agency or department dies as the result of an injury sustained in the perform- ance of duty.’’ [For definition of ‘‘intelligence community’’ as used in section 310 of Pub. L. 112–87, set out above, see sec- tion 2 of Pub. L. 112–87, set out as a note under section 3003 of Title 50, War and National Defense.] AVAILABILITY OF DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS TO REIMBURSE REPRESENTATIVES OF EMPLOYEES KILLED IN LINE OF DUTY Pub. L. 103–332, title III, § 312, Sept. 30, 1994, 108 Stat. 2537, provided that: ‘‘Notwithstanding any other provi- sion of law in fiscal year 1995 and thereafter, appropria- tions made available to any department or agency in a Department of the Interior and Related Agencies Ap- propriations Act shall be available to that department or agency to reimburse the representative (as that term is defined by applicable law) of employees killed in the line of duty after January 1, 1994, and in subse- quent fiscal years, for burial costs and related out-of- pocket expenses: Provided, That the amount of such re- imbursement may exceed the $800 limitation in 5 U.S.C. 8134(a): Provided further, That funds provided pursuant to this authority may not exceed $10,000 per employee.’’ § 8135. Lump-sum payment (a) The liability of the United States for com- pensation to a beneficiary in the case of death or of permanent total or permanent partial dis- ability may be discharged by a lump-sum pay- ment equal to the present value of all future payments of compensation computed at 4 per- cent true discount compounded annually if— (1) the monthly payment to the beneficiary is less than $50 a month; (2) the beneficiary is or is about to become a nonresident of the United States; or (3) the Secretary of Labor determines that it is for the best interest of the beneficiary. The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be deter- mined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not ex- ceed 60 months’ compensation. The probability of the happening of any other contingency af- fecting the amount or duration of compensation shall be disregarded. (b) On remarriage before reaching age 55 a widow or widower entitled to compensation under section 8133 of this title, shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding com- pensation on account of another individual) to which he was entitled immediately before the remarriage. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 548; Pub. L. 90–83, § 1(63), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93–416, §§ 16(b), 19, 20, Sept. 7, 1974, 88 Stat. 1149; Pub. L. 101–303, § 3(2), May 29, 1990, 104 Stat. 251.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 764. Sept. 7, 1916, ch. 458, § 14, 39 Stat. 746. 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 this title as outlined in the preface to the report. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 8135(b) ....... 5 App.: 764(b). July 4, 1966, Pub. L. 89–488, § 8, 80 Stat. 254. The word ‘‘widower’’ is substituted for ‘‘dependent widower’’ to conform to the definition in 5 U.S.C. 8101(11). The words ‘‘section 8133 of title 5’’ are sub- stituted for ‘‘section 10’’ to reflect the codification of that section in title 5, United States Code. Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–303 substituted ‘‘age 55’’ for ‘‘age 60’’. 1974—Subsec. (a). Pub. L. 93–416, § 20, substituted pro- visions relating to use of the most current United States Life Tables, for provisions relating to deter- mination by the American Experience Tables of Mortality. Subsec. (a)(1). Pub. L. 93–416, § 19, substituted ‘‘$50’’ for ‘‘$5’’. Subsec. (b). Pub. L. 93–416, § 16(b), inserted ‘‘before reaching age 60’’ after ‘‘On remarriage’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME United States Department of Health, Education, and Welfare redesignated the United States Department of Page 952 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8136 Health and Human Services by section 3508 of Title 20, Education. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–416 applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, 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 section 1(63) of Pub. L. 90–83 not applicable to specified per- sonnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title. § 8136. Initial payments outside the United States If an employee is injured outside the conti- nental United States, the Secretary of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the United States designated by the Secretary for that purpose in the locality in which the employee was employed or the injury occurred. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 549.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 793 (2d sen- tence of 4th par.) July 29, 1942, ch. 533 (2d sen- tence), 56 Stat. 725. The word ‘‘continental’’ is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137. 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 this title as outlined in the preface to the report. § 8137. Compensation for noncitizens and non- residents (a) When the Secretary of Labor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a de- pendent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by— (1) the adoption or adaption of the sub- stantive features, by a schedule or otherwise, of local workmen’s compensation provisions or other local statute, regulation, or custom ap- plicable in cases of personal injury or death; or (2) establishing special schedules of com- pensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places. Irrespective of the basis adopted, the Secretary may at any time— (A) modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits; (B) modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and (C) modify, limit, or redesignate the class or classes of beneficiaries entitled to death bene- fits, including the designation of persons, rep- resentatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries other- wise specified by this subchapter. (b) In a case under this section, the Secretary or his designee may— (1) make a lump-sum award in the manner prescribed by section 8135 of this title when he or his designee considers it to be for the best interest of the United States; and (2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law. Compensation paid under this subsection is in- stead of all other compensation from the United States for the same injury or death, and a pay- ment made under this subsection is deemed compensation under this subchapter and is sat- isfaction of all liability of the United States in respect to the particular injury or death. (c) The Secretary may delegate to an em- ployee or agency of the United States, with such limitations and right of review as he considers advisable, authority to process, adjudicate, com- mute by lump-sum award, compromise, and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this sec- tion, in accordance with such regulations and instructions as the Secretary considers nec- essary. For this purpose, the Secretary may pro- vide or transfer funds, including reimbursement of amounts paid under this subchapter. (d) The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that— (1) conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or (2) claimants under this section are alien en- emies. (e) The Secretary may apply this section ret- rospectively with adjustment of compensation and benefits as he considers necessary and prop- er. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 549.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 793 (5th par., less penultimate sentence). July 28, 1945, ch. 328, § 4 (less penultimate sentence), 59 Stat. 503. The last sentence of former section 793 is omitted as it consists of a definition which is fully spelled out when the words ‘‘United States’’ are used as a geo- graphical reference. 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).