5 U.S.C. § 8102a — Death gratuity for injuries incurred in

Page 931 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8102a Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to this title. Sec- retary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508 of Title 20, Education. § 8102. Compensation for disability or death of employee (a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is— (1) caused by willful misconduct of the em- ployee; (2) caused by the employee’s intention to bring about the injury or death of himself or of another; or (3) proximately caused by the intoxication of the injured employee. (b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed out- side the continental United States or in Alaska or in the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979), is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability re- sulting in death occurred or when he was taken by the hostile force or individual. This sub- section does not apply to an individual— (1) whose residence is at or in the vicinity of the place of his employment and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his em- ployment; or (2) who is a prisoner of war or a protected in- dividual under the Geneva Conventions of 1949 and is detained or utilized by the United States. This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but com- pensation for disability or death does not accrue for a period for which pay, other benefit, or gra- tuity from the United States accrues to the dis- abled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 534; Pub. L. 96–70, title I, § 1231(d), Sept. 27, 1979, 93 Stat. 470.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 751. Sept. 7, 1916, ch. 458, § 1, 39 Stat. 742. Aug. 8, 1958, Pub. L. 85–608, § 301, 72 Stat. 538. 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 Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (b), is classified to section 3602(a) of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1979—Subsec. (b). Pub. L. 96–70 substituted ‘‘areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979)’’ for ‘‘Canal Zone’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Rela- tions and Intercourse. § 8102a. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force (a) DEATH GRATUITY AUTHORIZED.—The United States shall pay a death gratuity of up to $100,000 to or for the survivor prescribed by sub- section (d) immediately upon receiving official notification of the death of an employee who dies of injuries incurred in connection with the employee’s service with an Armed Force in a contingency operation. (b) RETROACTIVE PAYMENT IN CERTAIN CASES.— At the discretion of the Secretary concerned, subsection (a) may apply in the case of an em- ployee who died, on or after October 7, 2001, and before the date of enactment of this section, as a result of injuries incurred in connection with the employee’s service with an Armed Force in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom. (c) RELATIONSHIP TO OTHER BENEFITS.—The death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 413 of the Foreign Serv- ice Act of 1980, section 1603 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recov- ery, 2006, or any other law of the United States based on the same death. (d) ELIGIBLE SURVIVORS.— (1) Subject to paragraph (5), a death gratuity payable upon the death of a person covered by subsection (a) shall be paid to or for the living survivor highest on the following list: (A) The employee’s surviving spouse. (B) The employee’s children, as prescribed by paragraph (2), in equal shares. (C) If designated by the employee, any one or more of the following persons: (i) The employee’s parents or persons in loco parentis, as prescribed by paragraph (3). (ii) The employee’s brothers. (iii) The employee’s sisters. (D) The employee’s parents or persons in loco parentis, as prescribed by paragraph (3), in equal shares. Page 932 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8103 (E) The employee’s brothers and sisters in equal shares. Subparagraphs (C) and (E) of this paragraph include brothers and sisters of the half blood and those through adoption. (2) Paragraph (1)(B) applies, without regard to age or marital status, to— (A) legitimate children; (B) adopted children; (C) stepchildren who were a part of the de- cedent’s household at the time of death; (D) illegitimate children of a female dece- dent; and (E) illegitimate children of a male dece- dent— (i) who have been acknowledged in writ- ing signed by the decedent; (ii) who have been judicially determined, before the decedent’s death, to be his chil- dren; (iii) who have been otherwise proved, by evidence satisfactory to the employing agency, to be children of the decedent; or (iv) to whose support the decedent had been judicially ordered to contribute. (3) Subparagraphs (C) and (D) of paragraph (1), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before the decedent became an employee. However, only one father and one mother, or their counter- parts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent became an employee. (4) A person covered by this section may des- ignate another person to receive an amount payable under this section. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with sub- paragraphs (A) through (E) of paragraph (1). (5) If a person entitled to all or a portion of a death gratuity under paragraph (1) or (4) dies before the person receives the death gratuity, it shall be paid to the living survivor next in the order prescribed by paragraph (1). (6) If a person covered by this section has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under this section, the head of the agency, or other entity, in which that per- son is employed shall provide notice of the designation to the spouse. (e) DEFINITIONS.—(1) The term ‘‘contingency operation’’ has the meaning given to that term in section 1482a(c) of title 10, United States Code. (2) The term ‘‘employee’’ has the meaning pro- vided in section 8101 of this title, but also in- cludes a nonappropriated fund instrumentality employee, as defined in section 1587(a)(1) of title 10. (Added Pub. L. 110–181, div. A, title XI, § 1105(a), Jan. 28, 2008, 122 Stat. 347; amended Pub. L. 112–81, div. A, title XI, § 1121(a)(1), (b), Dec. 31, 2011, 125 Stat. 1616.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 110–181, which was approved Jan. 28, 2008. Section 413 of the Foreign Service Act of 1980, re- ferred to in subsec. (c), is classified to section 3973 of Title 22, Foreign Relations and Intercourse. Section 1603 of the Emergency Supplemental Appro- priations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, referred to in subsec. (c), is section 1603 of Pub. L. 109–234, title I, June 15, 2006, 120 Stat. 443, which is not classified to the Code. The date of the enactment of this paragraph, referred to in subsec. (d)(4), is the date of enactment of Pub. L. 110–181, which was approved Jan. 28, 2008. AMENDMENTS 2011—Subsec. (d)(4). Pub. L. 112–81, § 1121(a)(1), sub- stituted ‘‘A person covered by this section may des- ignate another person to receive an amount payable under this section.’’ for ‘‘Beginning on the date of the enactment of this paragraph, a person covered by this section may designate another person to receive not more than 50 percent of the amount payable under this section.’’ and struck out ‘‘up to the maximum of 50 per- cent’’ after ‘‘increments’’. Subsec. (d)(6). Pub. L. 112–81, § 1121(b), added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–81, div. A, title XI, § 1121(a)(2), Dec. 31, 2011, 125 Stat. 1616, provided that: ‘‘The amendments made by this subsection [amending this section] shall take effect on the date of enactment of this Act [Dec. 31, 2011] and apply to the payment of a death gratuity based on any death occurring on or after that date.’’ § 8103. Medical services and initial medical and other benefits (a) The United States shall furnish to an em- ployee who is injured while in the performance of duty, the services, appliances, and supplies prescribed or recommended by a qualified physi- cian, which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be fur- nished— (1) whether or not disability has arisen; (2) notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of chapter 83 of this title or another retirement system for employees of the Government; and (3) by or on the order of United States med- ical officers and hospitals, or, at the employ- ee’s option, by or on the order of physicians and hospitals designated or approved by the Secretary. The employee may initially select a physician to provide medical services, appliances, and sup- plies, in accordance with such regulations and instructions as the Secretary considers nec- essary, and may be furnished necessary and rea- sonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or ap-