5 U.S.C. § 8146 — Administration for the Panama Canal

Page 959 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8146 section, see section 5305(a)(2) of Pub. L. 117–263, set out as a note above.] § 8144. Student-employees A student-employee as defined by section 5351 of this title who suffers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the per- formance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of duty. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1053. Aug. 4, 1947, ch. 452, § 4, 61 Stat. 727. 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. § 8145. Administration The Secretary of Labor shall administer, and decide all questions arising under, this sub- chapter. He may— (1) appoint employees to administer this subchapter; and (2) delegate to any employee of the Depart- ment of Labor any of the powers conferred on him by this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 778. Sept. 7, 1916, ch. 458, § 28, 39 Stat. 748. Oct. 14, 1949, ch. 691, § 205(a), (c)(1), 63 Stat. 864. .................. [Uncodified]. 1946 Reorg. Plan No. 2, § 3 (less 2d sentence), eff. July 16, 1946, 60 Stat. 1095. .................. [Uncodified]. 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 64 Stat. 1271. .................. 5 U.S.C. 781. Sept. 7, 1916, ch. 458, § 30, 39 Stat. 748. .................. 5 U.S.C. 783 (last 9 words). Sept. 7, 1916, ch. 458, § 32 (last 9 words), 39 Stat. 749. The last 20 words of former section 781 are omitted as unnecessary in view of the definition of ‘‘competitive service’’ in section 2102 and the provisions of sub- chapter I of chapter 33 concerning examination and cer- tification for and appointment in the competitive serv- ice. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271. 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. Statutory Notes and Related Subsidiaries PROCESSING OF CLAIMS FILED BY DISTRICT OF COLUMBIA EMPLOYEES See Pub. L. 93–198, title II, § 204(e), Dec. 24, 1973, 87 Stat. 783, set out as a note under section 8101 of this title. § 8146. Administration for the Panama Canal Commission and The Alaska Railroad (a) The President, from time to time, may transfer the administration of this subchapter— (1) so far as employees of the Panama Canal Commission are concerned to the Commission; and (2) so far as employees of The Alaska Rail- road are concerned to the general manager of The Alaska Railroad. (b) When administration is transferred under subsection (a) of this section, the expenses inci- dent to physical examinations which are pay- able under section 8123 of this title shall be paid from appropriations for the Panama Canal Com- mission or for The Alaska Railroad, as the case may be, instead of from the Employees’ Com- pensation Fund. The President may authorize the Panama Canal Commission and the general manager of The Alaska Railroad to pay the com- pensation provided by this subchapter, including medical, surgical, and hospital services and sup- plies under section 8103 of this title and the transportation and burial expenses under sec- tions 8103 and 8134 of this title, from appropria- tions for the Panama Canal Commission and for The Alaska Railroad, and these appropriations shall be reimbursed for the payments by trans- fer of funds from the Employees’ Compensation Fund. (c) The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim required by section 8121 of this title in the case of compensation to an employee of the Panama Canal Commission for temporary disability, either total or partial. (d) When administration is transferred under subsection (a) of this section to the general manager of The Alaska Railroad, the Secretary of Labor is not divested of jurisdiction and a claimant is entitled to appeal from the decision of the general manager of The Alaska Railroad to the Secretary of Labor. The Secretary on re- ceipt of an appeal shall, or on his own motion may, review the decision of the general manager of The Alaska Railroad, and in accordance with the facts found on review may proceed under section 8128 of this title. The Secretary shall provide the form and manner of taking an ap- peal. (e) The same right of appeal exists with re- spect to claims filed by employees of the Pan- ama Canal Commission or their dependents in case of death, as is provided with respect to the claims of other employees to whom this sub- chapter applies, under section 8149 of this title. The Employees’ Compensation Appeals Board referred to by section 8149 of this title has juris- diction, under regulations prescribed by the Sec- retary, over appeals relating to claims of the employees or their dependents. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 553; Pub. L. 96–70, title III, § 3302(e)(9), Sept. 27, 1979, 93 Stat. 498.) 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