5 U.S.C. § 8110 — Augmented compensation for dependents

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