5 U.S.C. § 8142 — Peace Corps volunteers

Page 955 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8142 (B) 20 percent for section 8133(a)(3) of this title for one child and 10 percent additional for each additional child, but not to exceed a total of 75 percent, if the member died fully or currently insured under subchapter II of chapter 7 of title 42; and (C) 25 percent for section 8133(a)(4) of this title, if one parent was wholly dependent on the deceased member at the time of his death and the other was not dependent to any extent; 16 percent to each, if both were wholly dependent; and if one was or both were partly dependent, a proportionate amount in the discretion of the Secretary of Labor; (3) a payment may not be made under sec- tion 8133(a)(5) of this title; (4) ‘‘performance of duty’’ means only active service, and travel to and from that service, rendered in performance or support of oper- ational missions of the Civil Air Patrol under direction of the Department of the Air Force and under written authorization by competent authority covering a specific assignment and prescribing a time limit for the assignment; and (5) the Secretary of Labor or his designee shall inform the Commissioner of Social Secu- rity when a claim is filed and eligibility for compensation is established under section 8133(a)(2) or (3) of this title, and the Commis- sioner of Social Security shall certify to the Secretary of Labor as to whether or not the member concerned was fully or currently in- sured under subchapter II of chapter 7 of title 42 at the time of his death. (c) The Secretary of Labor or his designee may inform the Secretary of the Air Force or his des- ignee when a claim is filed. The Secretary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the in- jury and whether or not the member was ren- dering service, or engaged in travel to or from service, in performance or support of an oper- ational mission of the Civil Air Patrol at the time of injury. This subsection does not dispense with the report of the immediate superior of the member required by section 8120 of this title, or other reports agreed on under that section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 551; Pub. L. 98–94, title XII, § 1258(a), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103–296, title I, § 108(e)(4), Aug. 15, 1994, 108 Stat. 1486.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 803 (less (d)). Aug. 3, 1956, ch. 926, § 1 ‘‘Sec. 3 (less (d))’’, 70 Stat. 980. Subsection (d) of former section 803, providing for ret- roactive applicability, is omitted as executed (see Table II). 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 Subchapter II of chapter 7 of title 42, referred to in text, is section 401 et seq. of Title 42, The Public Health and Welfare. AMENDMENTS 1994—Subsec. (b)(5). Pub. L. 103–296 substituted ‘‘Com- missioner of Social Security’’ for ‘‘Secretary of Health, Education, and Welfare’’ in two places. 1983—Subsec. (a). Pub. L. 98–94, § 1258(a)(1), inserted ‘‘under 18 years of age’’ after ‘‘Civil Air Patrol Cadet’’. Subsec. (b)(1). Pub. L. 98–94, § 1258(a)(2), substituted ‘‘the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under section 5332 of this title’’ for ‘‘$300’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–94, title XII, § 1258(b), Sept. 24, 1983, 97 Stat. 702, provided that: ‘‘(1) The amendments made by subsection (a) [amend- ing this section] shall take effect on the date of the en- actment of this Act [Sept. 24, 1983]. ‘‘(2) The amendment made by subsection (a)(1) [amending this section] shall apply only to deaths or injuries occurring on or after the date of the enactment of this Act [Sept. 24, 1983]. ‘‘(3) The amendment made by subsection (a)(2) [amending this section] shall apply only to the com- putation of compensation payable for periods com- mencing on or after the date of the enactment of this Act [Sept. 24, 1983].’’ § 8142. Peace Corps volunteers (a) For the purpose of this section, ‘‘volun- teer’’ means— (1) a volunteer enrolled in the Peace Corps under section 2504 of title 22; (2) a volunteer leader enrolled in the Peace Corps under section 2505 of title 22; and (3) an applicant for enrollment as a volun- teer or volunteer leader during a period of training under section 2507(a) of title 22 before enrollment. (b) Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability compensation payments does not commence until the day after the date of termination of his service as a volunteer. (c) For the purpose of this subchapter— (1) a volunteer is deemed receiving monthly pay at the minimum rate for GS–7; (2) a volunteer leader referred to by section 2505 of title 22, or a volunteer with one or more minor children as defined in section 2504 of title 22, is deemed receiving monthly pay at the minimum rate for GS–11; (3) an injury suffered by a volunteer when he is outside the several States and the District of Columbia is deemed proximately caused by his employment, unless the injury or disease is— (A) caused by willful misconduct of the volunteer; Page 956 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8143 (B) caused by the volunteer’s intention to bring about the injury or death of himself or of another; or (C) proximately caused by the intoxication of the injured volunteer; and (4) the period of service of an individual as a volunteer includes— (A) any period of training under section 2507(a) of title 22 before enrollment as a vol- unteer; and (B) the period between enrollment as a vol- unteer and the termination of service as a volunteer by the President or by death or resignation. (d)(1) The Secretary shall authorize the Direc- tor of the Peace Corps to furnish medical bene- fits to a volunteer, who is injured during the volunteer’s period of service, for a period of 120 days following the termination of such service if the Director certifies that the volunteer’s injury probably meets the requirements under sub- section (c)(3). The Secretary may then certify vouchers for these expenses for such volunteer out of the Employees’ Compensation Fund. (2) The Secretary shall prescribe the form and content of the certification required under para- graph (1). (3) A certification under paragraph (1) will cease to be effective if the volunteer sustains compensable disability in connection with vol- unteer service. (4) Nothing in this subsection may be con- strued to authorize the furnishing of any med- ical benefit that the Secretary of Labor is not otherwise authorized to reimburse for former Peace Corps volunteers who receive treatment for injury or disease proximately caused by their service in the Peace Corps in accordance with this chapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 552; Pub. L. 90–83, § 1(64), Sept. 11, 1967, 81 Stat. 212; Pub. L. 93–416, § 23(b), Sept. 7, 1974, 88 Stat. 1150; Pub. L. 115–256, title I, § 102, Oct. 9, 2018, 132 Stat. 3652.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 22 U.S.C. 2504(d). Sept. 22, 1961, Pub. L. 87–293, § 5(d), 75 Stat. 613. Subsection (a) is based on sections 2504(a), 2505, and 2507(a) of title 22. In subsection (b), the words ‘‘Subject to the provi- sions of this section’’ are added for clarity and to con- form to the style of sections 8140 and 8141. The words ‘‘of the United States Government’’ are omitted as un- necessary in view of the definition of ‘‘employee’’ in section 8101(1). In subsection (c), the words ‘‘outside the several States, territories and possessions of the United States, and the District of Columbia’’ are substituted for ‘‘abroad’’ on authority of section 2522(a), (b) of title 22. References to ‘‘the general schedule established by the Classification Act of 1949, as amended’’ are omitted as unnecessary. Subsection (c)(4) is added on authority of section 2522(e) of title 22. 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 8142 of title 5 was derived from section 2504(d) of title 22. This amendment reflects changes, effected by the act of Sept. 13, 1966, Public Law 89–572, section 4, 80 Stat. 765, in the definitions applicable to section 2504(d) by virtue of section 2522(a), (b) of title 22. Editorial Notes AMENDMENTS 2018—Subsec. (d). Pub. L. 115–256 added subsec. (d). 1974—Subsec. (c)(2). Pub. L. 93–416 inserted provision relating to a volunteer with one or more minor chil- dren. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–416 effective on Sept. 7, 1974, and applicable to any injury or death occurring on or after such effective date, see section 23(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. § 8143. Job Corps enrollees; volunteers in service to America (a) Subject to the provisions of this sub- section, this subchapter applies to an enrollee in the Job Corps, except that compensation for dis- ability does not begin to accrue until the day after the date on which the injured enrollee is terminated. In administering this subchapter for an enrollee covered by this subsection— (1) the monthly pay of an enrollee is deemed that received at the minimum rate for GS–2; (2) section 8113(a) of this title applies to an enrollee; and (3) ‘‘performance of duty’’ does not include an act of an enrollee while absent from his as- signed post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of the Job Corps. (b) This subchapter applies to a volunteer in service to America who receives either a living allowance or a stipend under part A of sub- chapter VIII of chapter 34 of title 42, with re- spect to that service and training, to the same extent as enrollees of the Job Corps under sub- section (a) of this section. However, for the pur- pose of the computation described in subsection (a)(1) of this section, the monthly pay of a vol- unteer is deemed that received at the minimum rate for GS–5 of the General Schedule under sec- tion 5332 of title 5, United States Code. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553; Pub. L. 90–83, § 1(65), Sept. 11, 1967, 81 Stat. 212; Pub. L. 90–623, § 1(19), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 93–416, § 8(b), Sept. 7, 1974, 88 Stat. 1145; Pub. L. 103–82, title III, § 384, Sept. 21, 1993, 107 Stat. 915.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 42 U.S.C. 2716(c). Aug. 20, 1964, Pub. L. 88–452, § 106(c), 78 Stat. 510. (b) ............. 42 U.S.C. 2943(d) (words after 6th comma, as appli- cable to 42 U.S.C. 2716(c)). Aug. 20, 1964, Pub. L. 88–452, § 603(d) (words after 6th comma, as applicable to § 106(c)), 78 Stat. 531.