5 U.S.C. § 8146a — Cost-of-living adjustment of compensa-

Page 960 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8146a HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 793 (1st 3 pars., less 2d sen- tence of 2d par.). Sept. 7, 1916, ch. 458, § 42 (less 2d sentence of 2d par.), 39 Stat. 750. Apr. 6, 1938, ch. 79 ‘‘Sec. 42 (less 2d sentence of 2d par.)’’, 52 Stat. 200. Aug. 30, 1964, Pub. L. 88–508, 78 Stat. 666. In subsection (a), the words ‘‘in which cases the words ‘Secretary’ and ‘his’ wherever they appear in sec- tions 751–756, 757–781, 783–791, and 793 of this title shall, so far as necessary to give effect to such transfer, be read, ‘Governor of the Canal Zone’ or ‘the general man- ager of The Alaska Railroad’, as the case may be, and ‘his’ ’’ are omitted as surplusage. In subsection (b), the words ‘‘the Employees’ Com- pensation Fund’’ are substituted for ‘‘appropriation for the work of the Secretary’’ in view of former section 771, which is carried into section 8123, which provides that all such expenses shall be paid from the Fund. In subsections (b) and (c), the words ‘‘Canal Zone Government’’, ‘‘Panama Canal Company’’, and ‘‘Gov- ernor of the Canal Zone’’ are substituted for ‘‘Panama Canal’’, ‘‘Panama Railroad Company’’, and ‘‘Governor of the Panama Canal’’, respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, § 2, 64 Stat. 1038. In subsection (e), the words ‘‘of other employees to whom this subchapter applies’’ are substituted for ‘‘of other employees of the Federal Government’’ for clar- ity and in view of the provisions of section 8149. The words ‘‘Employees’ Compensation Appeals Board’’ are substituted for ‘‘Appeals Board’’ to reflect the full title of the Board 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 AMENDMENTS 1979—Pub. L. 96–70, § 3302(e)(9)(A), substituted ‘‘Pan- ama Canal Commission’’ for ‘‘Canal Zone’’ in section catchline. Subsec. (a)(1). Pub. L. 96–70, § 3302(e)(9)(B), substituted ‘‘Panama Canal Commission are concerned to the Com- mission’’ for ‘‘Canal Zone Government and of the Pan- ama Canal Company are concerned to the Governor of the Canal Zone’’. Subsec. (b). Pub. L. 96–70, § 3302(e)(9)(C)–(E), sub- stituted ‘‘Panama Canal Commission’’ for ‘‘Canal Zone Government’’ in two places and ‘‘Panama Canal Com- mission’’ for ‘‘Governor of the Canal Zone’’ and struck out ‘‘or from funds from the Panama Canal Company’’ after ‘‘The Alaska Railroad’’. Subsec. (c). Pub. L. 96–70, § 3302(e)(9)(F), substituted ‘‘Panama Canal Commission’’ for ‘‘Governor of the Canal Zone’’ and ‘‘employee of the Panama Canal Com- mission’’ for ‘‘employee of the Canal Zone Government or the Panama Canal Company’’. Subsec. (e). Pub. L. 96–70, § 3302(e)(9)(G), substituted ‘‘Panama Canal Commission’’ for ‘‘Canal Zone Govern- ment and of the Panama Canal Company’’. 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. § 8146a. Cost-of-living adjustment of compensa- tion (a) Compensation payable on account of dis- ability or death which occurred more than one year before March 1 of each year shall be annu- ally increased on that date by the amount deter- mined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. (b) The regular periodic compensation pay- ments after adjustment under this section shall be fixed at the nearest dollar. However, the reg- ular periodic compensation after adjustment shall reflect an increase of at least $1. (c) This section shall be applicable to persons excluded by section 15 of the Federal Employees’ Compensation Act Amendments of 1966 (Public Law 89–488) under the following statutes: Act of February 15, 1934 (48 Stat. 351); Act of June 26, 1936 (49 Stat. 2035); Act of April 8, 1935 (49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); Public Law 84–955 (August 3, 1956); Public Law 77–784 (December 2, 1942); Public Law 84–879 (August 1, 1956); Public Law 80–896 (July 3, 1948); Act of September 8, 1959 (73 Stat. 469). Benefit pay- ments to these persons shall initially be in- creased by the total percentage of the increases in the price index from the base month of July 1966, to the next most recent base month fol- lowing the effective date of this subsection. (Added Pub. L. 90–83, § 1(67)(A), Sept. 11, 1967, 81 Stat. 212; amended Pub. L. 93–416, §§ 21, 24, Sept. 7, 1974, 88 Stat. 1149, 1150; Pub. L. 96–499, title IV, § 421(a), Dec. 5, 1980, 94 Stat. 2608.) HISTORICAL AND REVISION NOTES Section of title 5 Source (U.S. Code) Source (Statutes at Large) 8146a(a) ..... 8146a(b) ..... 5 App.: 793a(a). 5 App.: 793a(b). July 4, 1966, Pub. L. 89–488, § 14 ‘‘Sec. 43(a), (b)’’, 80 Stat. 256. In subsection (a), the words ‘‘After the month during which this section becomes effective,’’ following ‘‘Each month,’’ are omitted as executed and unnecessary. The words ‘‘Secretary of Labor’’ are substituted for ‘‘Sec- retary’’ on authority of section 40(i) of the Federal Em- ployees’ Compensation Act. In the second sentence, the words ‘‘latest base month’’ are substituted for ‘‘most recent base month.’’ So much of section 14 of Public Law 89–488 as redesig- nated section 43 of the Federal Employees’ Compensa- tion Act as section 44 is omitted as unnecessary in view of the codification of that act in title 5, United States Code. Editorial Notes REFERENCES IN TEXT ‘‘Persons excluded by section 15 of the Federal Em- ployees’ Compensation Act Amendments of 1966’’, re- ferred to in subsec. (c), means persons excluded by sec- tion 15 of Pub. L. 89–488, July 4, 1966, 80 Stat. 256, which was set out as a note under section 756 of former Title 5, Executive Departments and Government Officers and Employees, prior to the 1966 revision of Title 5 by Pub. L. 89–554. Such section 15 of the Federal Employees’ Compensation Act Amendments of 1966 directed that benefit increases mandated by the Federal Employees’ Compensation Act Amendments of 1966 not apply to Page 961 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8147 employees unless such employees fell within the defini- tion of ‘‘employees’’ in section 40(b) (1) or (2) of the Federal Employees’ Compensation Act [section 790(b)(1) or (2) of former Title 5]. As a result section 15 of the Federal Employees’ Compensation Act Amendments of 1966 served to prohibit increases to persons to whom the benefits of the Federal Employees’ Compensation Act had been extended over the years by Acts described in subsec. (c) as follows: Act of February 15, 1934 (48 Stat. 351) which extended coverage to employees of the Federal Civil Works Ad- ministration and was classified to section 796 of former Title 5. Act of June 26, 1936 (49 Stat. 2035) probably means Act of June 29, 1936 which extended coverage to certain W.W. I veterans and was set out as a note under section 134 of former Title 38, Pensions, Bonuses, and Veterans’ Relief. Act of April 8, 1935 (49 Stat. 115) which extended cov- erage to certain emergency relief personnel, is act April 8, 1935, ch. 48, 49 Stat. 115, which was enacted as legislation supplementary to the Federal Emergency Relief Act of 1933, was classified to sections 721 and 728 of Title 15, Commerce and Trade, and was omitted from the Code as temporary. Act of July 25, 1942 (56 Stat. 710) which extended cov- erage to certain personnel of the War Relocation Au- thority, was set out as a note under section 796 of former Title 5, Executive Departments and Govern- ment Officers and Employees. Public Law 84–955 (Aug. 3, 1956) which extended cov- erage to certain Civil Air Patrol personnel was set out as a note under section 760 of former Title 5. Public Law 77–784 (December 2, 1942), which extended coverage to war risk hazards of certain employees of federal contractors, is act Dec. 2, 1942, ch. 668, 56 Stat. 1028, titles I and II of which are popularly known as the War Hazards Compensation Act, and is classified prin- cipally to chapter 12 (§ 1701 et seq.) of Title 42, The Pub- lic Health and Welfare. For complete classification of this Act to the Code, see Tables. Public Law 84–879 (August 1, 1956), which extended coverage to certain members of the Reserve Officers Training Corps of the Army, Navy, and Air Force, was classified to section 802 of former Title 5, Executive De- partments and Government Officers and Employees. Public Law 80–896 (July 3, 1948), which extended cov- erage to certain persons entitled to war claims, is act July 3, 1948, ch. 826, 62 Stat. 1240, popularly known as the War Claims Act of 1948, which is classified gen- erally to chapter 51 (§ 4101 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. Act of September 8, 1959 (73 Stat. 469) which trans- ferred from the Department of Commerce to the De- partment of Labor certain functions in respect to in- surance benefits and disability payments to seamen for W.W. II service-connected injuries, death, or disability, was not classified to the Code. AMENDMENTS 1980—Subsec. (a). Pub. L. 96–499 substituted ‘‘Com- pensation’’ for ‘‘Each month the Secretary of Labor shall determine the percent change in the price index. Effective the first day of the month which begins after the price index change equals a rise of at least 3 per- cent for 3 consecutive months over the price index for the latest base month, compensation’’, ‘‘March 1 of each year shall be annually increased’’ for ‘‘that first day shall be increased’’ and ‘‘amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year,’’ for ‘‘percent rise in the price index (calculated on the highest level of the price index during the 3 consecutive months)’’. 1974—Subsec. (a). Pub. L. 93–416, § 21, substituted ‘‘Ef- fective the first day of the month’’ for ‘‘Effective the first day of the third month’’. Subsec. (b). Pub. L. 93–416, § 21, substituted ‘‘regular periodic compensation payments’’ for ‘‘monthly com- pensation’’. Subsec. (c). Pub. L. 93–416, § 24, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT For effective date of amendment by Pub. L. 96–499, see section 422 of Pub. L. 96–499, set out as a note under section 8101 of this title. 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 the 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 COST-OF-LIVING ADJUSTMENT Increases authorized by this section not applicable to employees and individuals not within the definition of ‘‘employee’’ in section 8101(1)(A), (B), or (D) of this title, members of the Metropolitan Police or the Fire Department of the District of Columbia who are pensioned or pensionable under sections 521 to 535 of title 4, District of Columbia Code, or members of a uni- formed service, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title. § 8147. Employees’ Compensation Fund (a) There is in the Treasury of the United States the Employees’ Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropria- tions necessary for the maintenance of the Fund. For the purpose of this subsection, ‘‘ad- ministrative expenses’’ does not include ex- penses for legal services performed by or for the Secretary under sections 8131 and 8132 of this title. (b) Before August 15 of each year, the Sec- retary shall furnish to each agency and instru- mentality of the United States having an em- ployee who is or may be entitled to compensa- tion benefits under this subchapter or any ex- tension or application thereof a statement show- ing the total cost of benefits and other pay- ments made from the Employees’ Compensation Fund during the preceding July 1 through June 30 expense period on account of the injury or death of employees or individuals under the ju- risdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a re- quest for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not de- pendent on an annual appropriation shall make the deposit required by this subsection from funds under its control during the first fifteen days of October following the furnishing of the