5 U.S.C. § 8111 — Additional compensation for services of

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 Page 938 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8112 is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require con- stant attendance. (b) The Secretary may pay an individual un- dergoing vocational rehabilitation under section 8104 of this title additional compensation nec- essary for his maintenance, but not to exceed $200 a month. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90–83, § 1(54), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, § 7, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 101–534, § 2, Nov. 7, 1990, 104 Stat. 2352.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 756(b). Oct. 14, 1949, ch. 691, § 105 ‘‘Sec. 6(b)’’, 63 Stat. 858. Sept. 13, 1960, Pub. L. 86–767, § 101 (less last 13 words), 74 Stat. 906. In subsection (a), the words ‘‘In addition to the monthly compensation otherwise specified in sections 751–756, 757–871, 783–791, and 793 of this title’’ are omit- ted as surplusage. In subsection (b), the words ‘‘pursuant to the Sec- retary’s direction’’ are omitted as unnecessary. 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) 8111(a) ....... 5 App.: 756(b)(1). July 4, 1966, Pub. L. 89–488, § 4(a), 80 Stat. 253. Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–534 substituted ‘‘$1,500’’ for ‘‘$500’’. 1974—Subsec. (a). Pub. L. 93–416, § 7(a), substituted ‘‘$500’’ for ‘‘$300’’. Subsec. (b). Pub. L. 93–416, § 7(b), substituted ‘‘$200’’ for ‘‘$100’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–534, § 3, Nov. 7, 1990, 104 Stat. 2352, pro- vided that: ‘‘The amendment made by section 2 [amending this section] shall take effect October 1, 1990.’’ 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(54) 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. § 8112. Maximum and minimum monthly pay- ments (a) Except as provided by section 8138 of this title, the monthly rate of compensation for dis- ability, including augmented compensation under section 8110 of this title but not including additional compensation under section 8111 of this title, may not be more than 75 percent of the monthly pay of the maximum rate of basic pay for GS–15, and in case of total disability may not be less than 75 percent of the monthly pay of the minimum rate of basic pay for GS–2 or the amount of the monthly pay of the em- ployee, whichever is less. (b) The provisions of subsection (a) shall not apply to any employee whose disability is a re- sult of an assault which occurs during an assas- sination or attempted assassination of a Federal official described under section 351(a) or 1751(a) of title 18, and was sustained in the performance of duty. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90–83, § 1(55), Sept. 11, 1967, 81 Stat. 210; Pub. L. 100–566, § 5, Oct. 31, 1988, 102 Stat. 2845.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 756(c). Oct. 14, 1949, ch. 691, § 105 ‘‘Sec. 6(c)’’, 63 Stat. 859. Sept. 13, 1960, Pub. L. 86–767, § 101 (last 13 words), 74 Stat. 906. 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) 8112 ........... 5 App.: 756(c). July 4, 1966, Pub. L. 89–488, § 3(b), 80 Stat. 252. The words ‘‘maximum rate of basic pay for GS–15’’ and ‘‘minimum rate of basic pay for GS–2’’ are sub- stituted for ‘‘highest rate of basic compensation pro- vided for grade 15 of the General Schedule of the Classi- fication Act of 1949’’ and ‘‘lowest rate of basic com- pensation provided for grade 2 by such General Sched- ule’’, respectively, for consistency of style within title 5 and to reflect the codification of the Classification Act of 1949 in title 5. Editorial Notes AMENDMENTS 1988—Pub. L. 100–566 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries PERSONNEL NOT AFFECTED BY 1967 INCREASE Increases authorized under amendment by section 1(55) 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. § 8113. Increase or decrease of basic compensa- tion (a) If an individual—