5 U.S.C. § 8140 — Members of the Reserve Officers’ Training

Page 953 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8140 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. § 8138. Minimum limit modification for nonciti- zens and aliens (a) Except as provided by subsection (b) of this section, the minimum limit on monthly com- pensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title do not apply in the case of a noncitizen employee, or a class or classes of noncitizen employees, who sustain in- jury outside the continental United States. The Secretary of Labor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees. (b) The President may remove or modify the minimum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title in the case of an alien employee, or a class or classes of alien employees, of the Canal Zone Government or the Panama Canal Com- pany. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 793 (4th par., less 2d sentence). July 29, 1942, ch. 533 (less 2d sentence), 56 Stat. 725. Sept. 13, 1960, Pub. L. 86–767, § 210, 74 Stat. 910. (b) ............. 5 U.S.C. 793 (2d sen- tence of 2d par.). Sept. 7, 1916, ch. 458, § 42 (2d sentence of 2d par.), 39 Stat. 750. Apr. 6, 1938, ch. 79 ‘‘Sec. 42 (2d sentence of 2d par.)’’, 52 Stat. 201. In subsection (a), the words ‘‘in his discretion’’ are omitted as unnecessary in view of the permissive na- ture of the authority. 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. In subsection (b), the words ‘‘Canal Zone Govern- ment’’ and ‘‘Panama Canal Company’’ are substituted for ‘‘Panama Canal’’ and ‘‘Panama Railroad Company’’, respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038. 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. Editorial Notes REFERENCES IN TEXT For definition of Canal Zone Government and Pan- ama Canal Company, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse. § 8139. Employees of the District of Columbia Compensation awarded to an employee of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the govern- ment of the District of Columbia. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 794 (less 1st sentence). July 11, 1919, ch. 7, § 11 (less 1st sentence), 41 Stat. 104. The words ‘‘Compensation awarded’’ are substituted for ‘‘Such compensation as the Secretary may award’’. The last sentence of former section 794, requiring that the Commissioners of the District of Columbia submit to Congress through the Bureau of the Budget estimates of appropriations, is omitted as obsolete. The Budget and Accounting Act, 1921, as amended, 31 U.S.C. 2 et seq., prescribes the procedures for presenting all budget estimates for the government of the District of Columbia and provides that the budget submission to Congress be made by the President. 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. Statutory Notes and Related Subsidiaries PROCESSING OF CLAIMS FILED BY DISTRICT OF COLUMBIA EMPLOYEES See Pub. L. 93–198, title II, § 204(e), Dec. 24, 1973, 87 Stat. 783, set out as a note under section 8101 of this title. § 8140. Members of the Reserve Officers’ Training Corps (a) Subject to the provisions of this section, this subchapter applies to a member of, or appli- cant for membership in, the Reserve Officers’ Training Corps of the Army, Navy, or Air Force who suffers an injury, disability, or death in- curred, or an illness contracted, in line of duty— (1) while engaged in a flight or in flight in- struction under chapter 103 of title 10; or (2) during the period of the member’s attend- ance at training or a practice cruise under chapter 103 of title 10, United States Code, be- ginning when the authorized travel to the training or practice cruise begins and ending when authorized travel from the training or practice cruise ends. (b) For the purpose of this section, an injury, disability, death, or illness of a member referred to in subsection (a) may be considered as in- curred or contracted in line of duty only if the injury, disability, or death is incurred, or the illness is contracted, by the member during a period described in that subsection. Subject to review by the Secretary of Labor, the Secretary of the military department concerned (under regulations prescribed by that Secretary), shall determine whether an injury, disability, or death was incurred, or an illness was contracted, by a member in line of duty. (c) In computing the compensation payable under this section, the monthly pay received by the injured or deceased individual, in cash and kind, is deemed $150. (d) The Secretary of the military department concerned shall cooperate fully with the Depart- ment of Labor in the prompt investigation and prosecution of a case involving the legal liabil- ity of a third party other than the United States. (e) An individual may not receive disability benefits under this section while on active duty Page 954 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8141 with the armed forces, but these benefits may be reinstated when the individual is released from that active duty. (f) Expenses incurred by a military depart- ment in providing hospitalization, medical and surgical care, necessary transportation incident to that hospitalization or medical and surgical care, or in connection with a funeral and burial on behalf of an individual covered by subsection (a) of this section shall be reimbursed by the Secretary of Labor from the Employees’ Com- pensation Fund in accordance with this sub- chapter. However, reimbursement may not be made for hospitalization or medical or surgical care provided an individual by a military de- partment in a facility of a military department. (g) For purposes of this section, the term ‘‘ap- plicant for membership’’ includes a student en- rolled, during a semester or other enrollment term, in a course which is part of Reserve Offi- cers’ Training Corps instruction at an edu- cational institution. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550; Pub. L. 100–456, div. A, title VI, § 633(b), Sept. 29, 1988, 102 Stat. 1986; Pub. L. 105–261, div. A, title VI, § 655(a)–(c), Oct. 17, 1998, 112 Stat. 2053.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 802. Aug. 1, 1956, ch. 830, § 4, 70 Stat. 805. Oct. 13, 1964, Pub. L. 88–647, § 302, 78 Stat. 1073. In subsection (a), the words ‘‘Subject to the provi- sions of this section’’ are added for clarity. In subsection (c), the last sentence of former section 802(b) is omitted as unnecessary. In subsection (d), the words ‘‘Nothing in this section shall be construed to hinder the prompt action author- ized by sections 776 and 777 of this title in any case in- volving the legal liability of a third party other than the United States’’ are omitted as unnecessary as there is nothing in the section that reasonably could be so construed. 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. Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–261, § 655(c), inserted ‘‘, or an illness contracted,’’ after ‘‘death incurred’’ in introductory provisions. Subsec. (a)(2). Pub. L. 105–261, § 655(a), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘while performing authorized travel to or from, or while attending, training or a practice cruise under chapter 103 of title 10.’’ Subsec. (b). Pub. L. 105–261, § 655(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘For the purpose of this section, an injury is incurred in line of duty only if it is the proximate re- sult of the performance of military training by the member concerned, or of his travel to or from that training, during the periods specified by subsection (a)(2) of this section. A member or applicant for mem- bership who contracts a disease or illness which is the proximate result of the performance of training during the periods specified by subsection (a)(2) of this section is considered for the purpose of this section to have been injured in line of duty during that period. Subject to review by the Secretary of Labor, the Secretary of the military department concerned, under regulations prescribed by him, shall determine whether or not an injury, disease, or illness was incurred or contracted in line of duty and was the proximate result of the per- formance of military training by the member con- cerned or of his travel to or from that military train- ing.’’ 1988—Subsec. (a). Pub. L. 100–456, § 633(b)(1)(A), sub- stituted ‘‘who suffers an injury, disability, or death’’ for ‘‘who suffers disability or death from an injury’’ in introductory provisions. Subsec. (a)(2). Pub. L. 100–456, § 633(b)(1)(B), struck out ‘‘field’’ before ‘‘training’’. Subsec. (f). Pub. L. 100–456, § 633(b)(2), substituted ‘‘by a military department in a facility of a military de- partment’’ for ‘‘while attending field training or a prac- tice cruise under chapter 103 of title 10’’. Subsec. (g). Pub. L. 100–456, § 633(b)(3), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title VI, § 655(d), Oct. 17, 1998, 112 Stat. 2053, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 17, 1998] and apply with respect to injuries, ill- nesses, disabilities, and deaths incurred or contracted on or after that date.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–456 applicable only with respect to training performed after Sept. 30, 1988, see section 633(e) of Pub. L. 100–456, set out as a note under section 2109 of Title 10, Armed Forces. DIFFERENT COVERAGE FOR RESERVE OFFICER TRAINING CORPS MEMBERS Pub. L. 97–306, title I, § 113(c), Oct. 14, 1982, 96 Stat. 1432, provided that: ‘‘Notwithstanding section 8140 of title 5, United States Code, subchapter I of chapter 81 of such title does not apply in the case of a disability suffered by a member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force that is compen- sable under chapter 11 of title 38, United States Code, or a death suffered by such a member for which depend- ency and indemnity compensation is payable under chapter 13 of such title [section 401 et seq. of Title 38].’’ [Section 113(d) of Pub. L. 97–306 provided that these provisions shall apply only with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982.] § 8141. Civil Air Patrol volunteers (a) Subject to the provisions of this section, this subchapter applies to a volunteer civilian member of the Civil Air Patrol, except a Civil Air Patrol Cadet under 18 years of age. (b) In administering this subchapter for a member of the Civil Air Patrol covered by this section— (1) the monthly pay of a member is deemed the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under sec- tion 5332 of this title for the purpose of com- puting compensation for disability or death; (2) the percentages applicable to payments under section 8133 of this title are— (A) 45 percent for section 8133(a)(2) of this title, if the member dies fully or currently insured under subchapter II of chapter 7 of title 42, with no additional payments for a child or children while the widow or widower remains eligible for payments under section 8133(a)(2) of this title;