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 AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 755(c). Oct. 14, 1949, ch. 691, § 104 ‘‘Sec. 5(c)’’, 63 Stat. 857. 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) 8108 ........... 5 App.: 755(c). July 4, 1966, Pub. L. 89–488, § 2(c), 80 Stat. 252. Statutory Notes and Related Subsidiaries 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. § 8109. Beneficiaries of awards unpaid at death; order of precedence (a) If an individual— (1) has sustained disability compensable under section 8107(a) of this title; (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 wid- ower. (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 dece- dent, or to other wholly dependent relatives listed by section 8133(a)(5) of this title, 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, an amount not exceeding that which would be expend- able under section 8134 of this title if appli- cable shall be paid to reimburse a person eq- uitably 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 equi- tably entitled. (b) Payments under subsection (a) of this sec- tion, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent dis- ability specified by section 8107(a) of this title even if at the time of death the individual was entitled to the augmented rate specified by sec- tion 8110 of this title. (c) A surviving beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), does not have a vested right to pay- ment 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 hap- pening of an event which would terminate his right to compensation for death under section 8133 of this title. When that entitlement ceases, compensation remaining unpaid under sub- section (a) of this section is payable to the sur- viving beneficiary in accordance with subsection (a) of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, § 1(52), Sept. 11, 1967, 81 Stat. 210.) Page 937 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8111 HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 755(d). Oct. 14, 1949, ch. 691, § 104 ‘‘Sec. 5(d)’’, 63 Stat. 857. The references in former section 755(d) to definitions in former section 760(B), (H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter. 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) 8109(a)(1) ... 5 App.: 755(d)(1). July 4, 1966, Pub. L. 89–488, § 2(d), 80 Stat. 252. Statutory Notes and Related Subsidiaries 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. § 8110. Augmented compensation for dependents (a) For the purpose of this section, ‘‘depend- ent’’ 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 sub- section, 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 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 de- pendents is entitled to have his basic compensa- tion for disability augmented— (1) at the rate of 81⁄3 percent of his monthly pay if that compensation is payable under sec- tion 8105 or 8107(a) of this title; and (2) at the rate of 81⁄3 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90–83, § 1(53), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, § 6, 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(a). Sept. 7, 1916, ch. 458, § 6, 39 Stat. 743. Feb. 12, 1927, ch. 110, § 1, 44 Stat. 1086. May 13, 1936, ch. 382, 49 Stat. 1270. Oct. 14, 1949, ch. 691, § 105 ‘‘Sec. 6(a)’’, 63 Stat. 858. The references in former section 756(a)(2) to defini- tions in former section 760(H) are omitted as unneces- sary as the definitions are included in section 8101 for the entire subchapter. 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) 8110(a) ....... 5 App.: 756(a)(2) (C). July 4, 1966, Pub. L. 89–488, § 7(b), 80 Stat. 254. 8110(b) ....... 5 App.: 756(a)(1). July 4, 1966, Pub. L. 89–488 §§ 2(e), 3(a), 80 Stat. 252. In subsection (a), the words ‘‘Notwithstanding para- graph (3) of this subsection’’ are substituted for ‘‘Not- withstanding any other provision of this section’’ for clarity. The word ‘‘he’’ is substituted for ‘‘he or she’’ in two places on authority of 1 U.S.C. 1. The words ‘‘sec- tion 8101 of this title’’ are substituted for ‘‘section 10(M) of this Act’’ to reflect the codification of that section in title 5. Editorial Notes AMENDMENTS 1974—Subsec. (a)(2). Pub. L. 93–416 substituted provi- sions of subpars. (A), (B) and (C) for ‘‘wholly dependent on the employee for support because of his own phys- ical or mental disability’’. 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 section 1(53)(B), (C) of 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. § 8111. Additional compensation for services of attendants or vocational rehabilitation (a) The Secretary of Labor may pay an em- ployee who has been awarded compensation an additional sum of not more than $1,500 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant