5 U.S.C. § 8143a — Members of the National Teacher Corps

Page 957 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8143b In subsection (a)(1), reference to ‘‘the Classification Act of 1949 (5 U.S.C. 1071 et seq.)’’ is omitted as unnec- essary. In subsection (a)(3)(B), the word ‘‘his’’ is sub- stituted for ‘‘his or her’’ on authority of 1 U.S.C. 1. In subsection (b), the words ‘‘in service to America’’ are inserted after ‘‘volunteer’’ for clarity. 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) 8143(a)(1) ... 42: 2716(c)(2)(B). Nov. 8, 1966, Pub. L. 89–794, § 109, 80 Stat. 1453. 8143(a)(3) ... 42: 2716(c)(2)(A). Oct. 9, 1965, Pub. L. 89–253, § 6, 79 Stat. 973. 8143(b) ....... 42: 2991c(b) (as appli- cable to 42: 2716(c)). Nov. 8, 1966, Pub. L. 89–794, § 801 ‘‘Sec. 804(b) (as appli- cable to § 106(c) of the Economic Opportunity Act of 1964)’’, 80 Stat. 1474. In subsection (a)(3), the words ‘‘in the Federal Em- ployees’ Compensation Act’’ are omitted as unneces- sary since that act is codified in that subchapter of title 5, United States Code, in which section 8143 is a part. The word ‘‘his’’ is substituted for ‘‘his or hers’’ on authority of 1 U.S.C. 1. The words ‘‘Job Corps’’ are sub- stituted for ‘‘Corps’’ on authority of 42 U.S.C. 2712. In subsection (b), the words ‘‘in service to America’’ are inserted after ‘‘volunteer’’ in two places for clarity. The words ‘‘subsection (a)(2) of this section’’ are sub- stituted for ‘‘paragraph (2)(B) of section 106(c)’’ to re- flect the codification of that paragraph in title 5. The words ‘‘at the minimum rate for GS–7’’ are substituted for ‘‘under the entrance salary for GS–7 of the General Schedule for section 5332, title 5, United States Code’’ to conform to the style of title 5. Editorial Notes REFERENCES IN TEXT Part A of subchapter VIII of chapter 34 of title 42, re- ferred to in subsec. (b), is part A of title VIII of Pub. L. 88–452, Aug. 20, 1964, 73 Stat. 508, known as the Eco- nomic Opportunity Act of 1964. Part A of title VIII of that Act, as added by Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81 Stat. 722, was classified generally to part A (§ 2992 et seq.) of subchapter VIII of chapter 34 of Title 42, The Public Health and Welfare, prior to its repeal by Pub. L. 93–113, title VI, § 603, Oct. 1, 1973, 87 Stat. 417. See sections 4951 et seq. and 5055 of Title 42. AMENDMENTS 1993—Subsec. (b). Pub. L. 103–82 substituted ‘‘GS–5 of the General Schedule under section 5332 of title 5, United States Code’’ for ‘‘GS–7’’. 1974—Pub. L. 93–416 struck out ‘‘, (b)’’ after ‘‘section 8113(a)’’. 1968—Pub. L. 90–623 reenacted section in its entirety making minor changes in phraseology. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as a note under section 4951 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–416 applicable to case 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. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. § 8143a. Members of the National Teacher Corps Subject to the provisions of this section, this subchapter applies to a member of the National Teacher Corps. In administering this subchapter for a member covered by this section— (1) ‘‘performance of duty’’ does not include an act of a member while— (A) on authorized leave; or (B) absent from his assigned post of duty, except while participating in an activity au- thorized by or under the direction or super- vision of the Commissioner of Education; and (2) in computing compensation for disability or death, the monthly pay of a member is deemed his actual pay or that received at the minimum rate for GS–6, whichever is greater. (Added Pub. L. 90–83, § 1(66)(A), Sept. 11, 1967, 81 Stat. 212.) HISTORICAL AND REVISION NOTES Section of title 5 Source (U.S. Code) Source (Statutes at Large) 8143a ......... 20: 1105(b). Nov. 8, 1965, Pub. L. 89–329, § 515(b), 79 Stat. 1257. The words ‘‘a member of the National Teacher Corps’’ are substituted for ‘‘such members’’ on authority of 20 U.S.C. 1102, 1105(a). In paragraph (1)(B), the words ‘‘Commissioner of Education’’ are substituted for ‘‘Commissioner’’ on authority of 20 U.S.C. 1141(f). In paragraph (2), the words ‘‘at the minimum rate for GS–6’’ are substituted for ‘‘under the entrance salary for grade 6,’’ and the reference to the General Schedule of the Classification Act of 1949 is omitted as unneces- sary. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Commissioner of Education of Depart- ment of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(1) of Title 20, Education. § 8143b. Employees in fire protection activities (a) DEFINITIONS.—In this section: (1) EMPLOYEE IN FIRE PROTECTION ACTIVI- TIES.—The term ‘‘employee in fire protection activities’’ means an employee employed as a firefighter (including a wildland firefighter), paramedic, emergency medical technician, rescue worker, ambulance personnel, or haz- ardous material worker who— (A) is trained in fire suppression; (B) has the legal authority and responsi- bility to engage in fire suppression; (C) is engaged in the prevention, control, or extinguishment of fires or response to emergency situations in which life, prop- erty, or the environment is at risk, includ- ing the prevention, control, suppression, or management of wildland fires; and (D) performs the activities described in subparagraph (C) as a primary responsibility of the job of the employee. (2) RULE.—The term ‘‘rule’’ has the meaning given the term in section 804.