text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/556

 520

PUBLIC LAW 89.554-SEPT. 6, 1966

[80 STAT.

(2) under subsection (a) of this section which was accumulated under subsection (b) of this section by an employee who becomes subject to subsection (a) of this section; remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year, until the employee's accumulated leave does not exceed the amount allowed under subsection (a) or (b) of this section, as appropriate. § 6305. Home leave; leave for Chiefs of Missions (a) After 24 months of continuous service outside the United States, an employee may be granted leave of absence, under regulations of the President, at a rate not to exceed 1 week for each 4 months of that service without regard to other leave provided by this subchapter. Leave so granted— (1) is for use in the United States, or if the employee's place of residence is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico; (2) accumulates for future use without regard to the limitation in section 6304(b) of this title; and (3) may not be made the basis for terminal leave or for a lumpsum payment. (b) The President may authorize leave of absence to an officer excepted from this subchapter by section 6301(2) (xii) of this title for use in the United States and its territories or possessions. Leave so authorized does not constitute a leave system and may not be made the basis for a lump-sum payment. § 6306. Annual leave; refund of lump-sum payment; recredit of annual leave (a) When an individual who received a lump-sum payment for leave under section 5551 of this title is reemployed before the end of the period covered by the lump-sum payment in or under the Government of the United States or the government of the District of Columbia, except in a position excepted from this subchapter by section 6301(2) (ii), (iii), (vi), or (vii) of this title, he shall refund to the employing agency an amount equal to the pay covering the period between the date of reemployment and the expiration of the lumpsum period. (b) An amount refunded under subsection (a) of this section shall be deposited in the Treasury of the United States to the credit of the employing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency on an adjusted basis under regulations prescribed by the Civil Service Commission. When an individual is reemployed in a position excepted from this subchapter by section 6301(2)(x) - ( x i i) of this title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his credit. § 6307. Sick leave; accrual and accumulation (a) An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period, except that

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/557

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

sick leave with pay accrues to a member of the Firefighting Division of the Fire Department of the District of Columbia on the basis of two-fifths of a day for each full biweekly pay period. (b) Sick leave provided by this section, which is not used by an employee, accumulates for use in succeeding years. (c) When required by the exigencies of the situation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, except that a maximum of 24 days sick leave with pay may be advanced to a member of the Firefighting Division of the Fire Department of the District of Columbia. § 6308, Transfers between positions under different leave systems The annual and sick leave to the credit of an employee who transfers between positions under different leave systems without a break in service shall be transferred to his credit in the employing agency on an adjusted basis under regulations prescribed by the Civil Service Commission, unless the individual is excepted from this subchapter by section 6301(2) (ii), (iii), (vi), or (vii) of this title. However, when a former member receiving a retirement annuity under sections 521-535 of title 4, District of Columbia Code, is reemployed in a position to which this subchapter applies, his sick leave balance may not be recredited to his account on the later reemployment. § 6309. Leave of absence; rural carriers The authorized absence of a rural carrier on a Saturday which occurs at the beginning, within, or at the end of a period of annual or sick leave of at least 5 days' duration, or 4 days' duration if a holiday falls at the beginning, within, or at the end of the period of annual or sick leave, is without charge to leave or loss of pay. A Saturday occurring in a period of annual or sick leave taken in a smaller number of days, at the option of the carrier, may be charged to his accrued leave and when so charged he is entitled to be paid for that absence. § 6310. Leave of absence; aliens The head of the agency concerned may grant leave of absence with pay, not in excess of the amount of annual and sick leave allowable to citizen employees under this subchapter, to alien employees who occupy positions outside the United States. §6311. Regulations The Civil Service Commission may prescribe regulations necessary for the administration of this subchapter.

SUBCHAPTER II—OTHER PAID LEAVE § 6321. Absence of veterans to attend funeral services An employee in or under an Executive agency who is a veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave for the time necessary, not to exceed 4 hours in any one day, to enable him to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces whose remains are returned from abroad for final interment in the United States.

521

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/558

 522

PUBLIC LAW 89.554-SEPT. 6, 1966

[80 STAT.

§ 6322. Leave for jury service Except as provided by section 5515 of this title, the pay of an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia may not be reduced during a period of absence for jury service in a State court or a court of the United States because of the absence. The period of absence for jury service is without deduction from other leave of absence authorized by statute. § 6323. Military leave; Reserves and National Guardsmen (a) An employee as defined by section 2105 of this title (except a substitute in the postal field service) or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, is entitled to leave without loss of pay, time, or performance or efficiency rating for each day, not in excess of 15 days in a calendar year, in which he is on active duty or is engaged in field or coast defense training under sections 502-505 of title 32 as a Reserve of the armed forces or member of the National Guard. (b) A substitute employee in the postal field service is entitled to leave without loss of pay, time, or efficiency rating for absence, not in excess of 80 hours in a calendar year, because of active duty or field or coast defense training under sections 502-505 of title 32 as a Reserve of the armed forces or member of the National Guard. This leave is on the basis of 1 hour of leave for each period aggregating 26 hours of work performed during the calendar year immediately before the calendar year in which he is ordered to that duty or training. However, he is entitled to this leave only if he worked at least 1,040 hours during that calendar year. § 6324. Absence of certain police and firemen (a) Sick leave may not be charged to the account of a member of the Metropolitan Police force or the Fire Department of the District of Columbia, the United States Park Police force, or the White House Police force for an absence due to injury or illness resulting from the performance of duty. (b) The determination of whether an injury or illness resulted from the performance of duty shall be made under regulations prescribed by— (1) the Commissioners of the District of Columbia for members of the Metropolitan Police force and the Fire Department of the District of Columbia; (2) the Secretary of the Interior for the United States Park Police force; and (3) the Secretary of the Treasury for the White House Police force.

Subpart F—Employee Relations CHAPTER 71—POLICIES SUBCHAPTER I—EMPLOYEE ORGANIZATIONS Sec.

7101. Right to organize; postal employees. 7102. Right to petition Congress; employees.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/559

 80 STAT. ]

PUBLIC LAW 89.554-SEPT. 6, 1966

523

SUBCHAPTER II—ANTIDISCRIMINATION IN EMPLOYMENT Sec. 7151. 7152. 7153. 7154.

Policy. Marital status. Physical handicap. Other prohibitions.

SUBCHAPTER I—EMPLOYEE ORGANIZATIONS § 7101. Right to organize; postal employees A postal employee may not be reduced in rank or pay or removed from the postal service because of— (1) membership in an organization of postal employees having for its objects, among other things, improvements in the working conditions of its members, including hours of work, pay, and leave of absence, and which is not affiliated with an outside organization imposing an obligation on the employees to engage in a strike, or proposing to assist them in a strike, against the United States; or (2) presenting, individually or as a member of a group of postal employees, a grievance to Congress or a Member of Congress. §7102. Right to petition Congress; employees The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied. SUBCHAPTER II—ANTIDISCRIMINATION IN EMPLOYMENT § 7151. Policy I t is the policy of the United States to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing authority to carry out this policy. § 7152. Marital status The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of marital status in an Executive agency or in the competitive service. § 7153. Physical handicap The President may prescribe rules which shall prohibit, as nearly as conditions of ^ood administration warrant, discrimination because of physical handicap in an Executive agency or in the competitive service with respect to a position the duties of which, in the opinion of the Civil Service Commission, can be performed efficiently by an individual with a physical handicap, except that the employment may not endanger the health or safety of the individual or others. §7154. Other prohibitions (a) The head of an Executive department or military department may appoint qualified women to positions in the department with the legal pay of the positions to which appointed. (b) I n the administration of chapter 51, subchapter III of chapter 53, and sections 305 and 3324 of this title, discrimination because of race, color, creed, sex, or marital status is prohibited with respect to an individual or a position held by an individual. (c) The Civil Service Commission may prescribe regulations necessary for the administration of subsection (b) of this section.

^

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/560

 524

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

CHAPTER 73—SUITABILITY, SECURITY, A N D CONDUCT SUBCHAPTER I — R E G U L A T I O N O F CONDUCT Sec. 7301. Presidential regulations.

SUBCHAPTER II—LOYALTY, SECURITY, AND STRIKING Sec.

7311. Loyalty and striking. 7312. Employment and clearance; individuals removed for national security.

SUBCHAPTER III—POLITICAL ACTIVITIES Sec.

7321. 7322. 7323. 7324.

Political contributions and services. Political use of authority or influence; prohibition. Political contributions; prohibition. Influencing elections; • taking part in political campaigns; prohibitions; exceptions. 7325. Penalties. 7326. Nonpartisan political activity permitted. 7327. Political activity permitted; employees residing in certain municipalities.

SUBCHAPTER IV—FOREIGN DECORATIONS Sec. 7341. Receipt and display of foreign decorations.

SUBCHAPTER V—MISCONDUCT Sec.

7351. Gifts to superiors. 7352. Excessive and habitual use of intoxicants.

SUBCHAPTER I — R E G U L A T I O N O F CONDUCT § 7301. Presidential regulations The President may prescribe regulations for the conduct of employees in the executive branch. SUBCHAPTER II—LOYALTY, SECURITY, A N D STRIKING § 7311. Loyalty and striking An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— (1) advocates the overthrow of our constitutional form of government; (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or (4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. § 7312. Employment and clearance; individuals removed for national security Removal under section 7532 of this title does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. However, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Civil

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/561

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

Service Commission. The Commission, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed. SUBCHAPTER III—POLITICAL ACTIVITIES § 7321. Political contributions and services The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that an employee in an Executive agency or in the competitive service is not obliged, by reason of that employment, to contribute to a political fund or to render political service, and that he may not be removed or otherwise prejudiced for refusal to do so. § 7322. Political use of authority or influence; prohibition The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that an employee in an Executive agency or in the competitive service may not use his official authority or influence to coerce the political action of a person or body. § 7323. Political contributions; prohibition An employee in an Executive agency (except one appointed by the President, by and with the advice and consent of the Senate) may not request or receive from, or give to, an employee, a Member of Congress, or an officer of a uniformed service a thing of value for political purposes. An employee who violates this section shall be removed from the service. §7324. Influencing elections; taking part in political campaigns; prohibitions; exceptions (a) An employee in an Executive agency or an individual employed by the government of the District of Columbia may not— (1) use his official authority or influence for the pu^rpose of interfering with or affecting the result of an election; or (2) take an active part in political management or in political campaigns. For the purpose of this subsection, the phrase "an active part in political management or in political campaigns" means those acts of political management or political campaigning which were prohibited on the part of employees in the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President. (b) An employee or individual to whom subsection (a) of this section applies retains the right to vote as he chooses and to express his opinion on political subjects and candidates. (c) Subsection (a) of this section does not apply to an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by the District of Columbia or by a recognized religious, philanthropic, or cultural organization. (d) Subsection (a)(2) of this section does not apply to— (1) an employee paid from the appropriation for the office of the President; (2) the head or the assistant head of an Executive department or military department; (3) an employee appointed by the President, by and with the advice and consent of the Senate, who determines policies to be 65-300 0-67—36

525

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/562

 526

PUBLIC LAW 89.554-SEPT. 6, 1966

[80 STAT.

pursued by the United States in its relations with foreign powers or in the nationwide administration of Federal laws; (4) the Commissioners of the District of Columbia; or (5) the Recorder of Deeds of the District of Columbia. § 7325. Penalties An employee or individual who violates section 7324 of this title shall be removed from his position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Civil Service Commission finds by unanimous vote that the violation does not warrant removal, a penalty of not less than 30 days' suspension without pay shall be imposed by direction of the Commission. § 7326. Nonpartisan political activity permitted Section 7324(a)(2) of this title does not prohibit political activity in connection with— (1) an election and the preceding campaign if none of the candidates is to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; or (2) a question which is not specifically identified with a National or State political party or political party of a territory or possession of the United States. For the purpose of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, are deemed not specifically identified with a National or State political party or political party of a territory or possession of the United States. § 7327. Political activity permitted; employees residing in certain municipalities (a) Section 7324(a)(2) of this title does not apply to an employee of The Alaska Railroad who resides in a municipality on the line of the railroad in respect to political activities involving that municipality. (b) The Civil Service Commission may prescribe regulations permitting employees and individuals to whom section 7324 of this title applies to take an active part in political management and political campaigns involving the municipality or other political subdivision in which they reside, to the extent the Commission considers it to be in their domestic interest, when— (1) the municipality or political subdivision is in Maryland or Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the United States; and (2) the Commission determines that because of special or unusual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation.

SUBCHAPTER IV—FOREIGN DECORATIONS § 7341. Receipt and display of foreign decorations A present, decoration, or other thing presented or conferred by a foreign government to an employee, a Member of Congress, the President, or a, member of a uniformed service shall be tendered through the Department of State and not to the individual in person.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/563

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

527

The Department may deliver the present, decoration, or thing to the individual in person only if authorized by statute. After delivery is authorized by statute, the individual may not publicly show or wear the present, decoration, or thing. The Secretary of State shall furnish the 89th Congress and each alternate Congress thereafter a list of retired individuals for whom the Department of State is holding a present, decoration, or thing under this section. SUBCHAPTER V—MISCONDUCT § 7351. Gifts to superiors An employee may not— (1) solicit a contribution from another employee for a gift to an official superior; (2) make a donation as a gift to an official superior; or (3) accept a gift from an employee receiving less pay than himself. An employee who violates this section shall be removed from the service. § 7352. Excessive and habitual use of intoxicants An individual who habitually uses intoxicating beverages to excess may not be employed in the competitive service. CHAPTER 75—ADVERSE ACTIONS SUBCHAPTER I—COMPETITIVE SERVICE Sec.

7501. Cause; procedure; exception.

-.

SUBCHAPTER II—PREFERENCE ELIGIBLE^ Sec.

7511. Definitions. 7512. Cause; procedure; exception.

SUBCHAPTER HI—HEARING EXAMINERS Sec.

7521. Removal.

SUBCHAPTER IV—NATIONAL SECURITY Sec.

7581. Definitions. 7532. Suspension and removal. 7533. Effect on other statutes.

SUBCHAPTER I—COMPETITIVE SERVICE § 7501. Cause; procedure; exception (a) An individual in the competitive service may be removed or suspended without pay only for such cause as will promote the efficiency of the service. (b) An individual in the competitive service whose removal or suspension without pay is sought is entitled to reasons in writing and to— (1) notice of the action sought and of any charges preferred against him; (2) a copy of the charges; (3) a reasonable time for filing a written answer to the charges, with affidavits; and (4) a written decision on the answer at the earliest practicable date.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/564

 528

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

Examination of witnesses, trial, or hearing is not required but may be provided in the discretion of the individual directing the removal or suspension without pay. Copies of the charges, the notice of hearing, the answer, the reasons for and the order of removal or suspension without pay, and also the reasons for reduction in grade or pay, shall be made a part of the records of the employing agency, and, on request, shall be furnished to the individual affected and to the Civil Service Commission. (c) This section applies to a preference eligible employee as defined by section 7511 of this title only if he so elects. This section does not apply to the suspension or removal of an employee under section 7532 of this title. SUBCHAPTER II—PREFERENCE ELIGIBLES § 7511. Definitions For the purpose of this subchapter— (1) "preference eligible employee" means a permanent or indefinite preference eligible who has completed a probationary or trial period as an employee of an Executive agency or as an individual employed by the government of the District of Columbia, but does not include an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an employee whose appointment is made under section 3311 of title 39; and (2) "adverse action" means a removal/suspension for more than 30 days, furlough without pay, or reduction in rank or pay. § 7512. Cause; procedure; exception (a) An agency may take adverse action against a preference eligible employee, or debar him for future appointment, only for such cause as will promote the efficiency of the service. (b) A preference eligible employee against whom adverse action is proposed is entitled to— (1) at least 30 days' advance written notice, except when there is reasonable cause to believe him guilty of a crime for which a sentence of imprisonment can be imposed, stating any and all reasons, specifically and in detail, for the proposed action; (2) a reasonable time for answering the notice personally and in writing and for furnishing affidavits in support of the answer; and (3) a notice of an adverse decision. (c) This section does not apply to the suspension or removal of a preference eligible employee under section 7532 of this title. SUBCHAPTER III—HEARING EXAMINERS §7521. Removal A hearing examiner appointed under section 3105 of this title may be removed by the agency in which he is employed only for ^ood cause established and determined by the Civil Service Commission on the record after opportunity for hearing. SUBCHAPTER IV—NATIONAL SECURITY § 7531. Definitions For the purpose of this subchapter, "agency" means— (1) the Department of State; (2) the Department of Commerce;

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/565

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

(3) the Department of Justice; (4) the Department of Defense; (5) a military department; (6) the Coast Guard; (7) the Atomic Energy Commission; (8) the National Aeronautics and Space Administration; and (9) such other agency of the Government of the United States as the President designates in the best interests of national security. The President shall report any designation to the Committees on the Armed Services of the Congress. § 7532. Suspension and removal (a) Notwithstanding other statutes, the head of an agency may suspend without pay an employee of his agency when he considers that action necessary in the interests of national security. To the extent that the head of the agency determines that the interests of national security permit, the suspended employee shall be notified of the reasons for the suspension. Within 30 days after the notification, the suspended employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why he should be restored to duty. (b) Subject to subsection (c) of this section, the head of an agency may remove an employee suspended under subsection (a) oi this section when, after such investigation and review as he considers necessary, he determines that removal is necessary or advisable in the interests of national security. The determination of the head of the agency is final. (c) An employee suspended under subsection (a) of this section who— (1) has a permanent or indefinite appointment; (2) has completed his probationary or trial period; and (3) is a citizen of the United States; is entitled, after suspension and before removal, to— (A) a written statement of the charges against him within 30 days after suspension, which may be amended within 30 days thereafter and which shall be stated as specifically as security considerations permit; (B) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits; (C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose; (D) a review of his case by the head of the agency or his designee, before a decision adverse to the employee is made final; and (E) a written statement of the decision of the head of the agency. § 7533. Effect on other statutes This subchapter does not impair the powers vested in the Atomic Energy Commission by chapter 23 of title 42, or the requirement in section 2201(d) of title 42 that adequate provision be made for administrative review of a determination to dismiss an employee of the Atomic Energy Commission.

529

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/566

 530

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

CHAPTER 77—APPEALS Sec.

7701. Appeals of preference eligibles.

§ 7701. Appeals of preference eligibles ^ A preference eligible employee as defined by section 7511 of this title is entitled to appeal to the Civil Service Commission from an adverse decision under section 7512 of this title of an administrative authority so acting. The employee shall submit the appeal in writing within a reasonable time after receipt of notice of the adverse decision, and is entitled to appear personally or through a representative under regulations prescribed by the Commission. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority and shall send copies of the findings and recommendations to the appellant or his representative. The administrative authority shall take the corrective action that the Commission finally recommends. CHAPTER 79—SERVICES TO EMPLOYEES Sec.

7901. Health service programs. 7902. Safety programs. 7903. Protective clothing and equipment.

§ 7901. Health service programs (a) The head of each agency of the Government of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction. (b) A health service program may be established by contract or otherwise, but only— (1) after consultation with the Public Health Service and consideration of its recommendations; and (2) in localities where there are a sufficient number of employees to warrant providing the service. (c) A health service program is limited to— (1) treatment of on-the-job illness and dental conditions requiring emergency attention; (2) premployment and other examinations; (3) referral of employees to private physicians and dentists; and (4) preventive programs relating to health. (d) The Public Health Service, on request, shall review a health service program conducted under this section and shall submit comment and recommendations to the head of the agency concerned. (e) Wlien this section authorizes the use of the professional services of physicians, that authorization includes the use of the professional services of surgeons and osteopathic practitioners within the scope of their practice as defined by State law. (f) The health programs conducted by the following agencies are not affected by this section— (1) the Tennessee Valley Authority; (2) the Canal Zone Government; and (3) the Panama Canal Company. §7902. Safety programs (a) For the purpose of this section— (1) "employee" means an employee as defined by section 8101 of this title; and

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/567

 80 STAT. ]

PUBLIC LAW 89.554-SEPT. 6, 1966

(2) "agency" means an agency in any branch of the Government of the United States, including an instrumentality wholly owned by the United States, and the government of the District of Columbia. (b) The Secretary of Labor shall carry out a safety program under section 941(b)(1) of title 33 covering the employment of each employee of an agency. (c) The President may— (1) establish by Executive order a safety council composed of representatives of the agencies to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and (2) undertake such other measures as he considers proper to prevent injuries and accidents to employees of the agencies. (d) The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks. (e) Each agency shall— (1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and (2) make such statistical or other reports on such forms as the Secretary may prescribe by regulation. § 7903. Protective clothing and equipment Appropriations available for the procurement of supplies and material or equipment are available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. For the purpose of this section, "appropriations" includes funds made available by statute under section 849 of title 31.

Subpart G—Insurance and Annuities CHAPTER 81—COMPENSATION FOR WORK INJURIES SUBCHAPTER

I—GENEEALLY

Sec.

8101. 8102. 8103. 8104. 8105. 8106. 8107. 8108. 8109. 8110. 8111. 8112. 8113. 8114. 8115. 8116. 8117. 8118. 8119. 8120. 8121. 8122. 8123. 8124.

Definitions. Compensation for disability or death of employee. Medical services and initial medical and other benefits. Vocational rehabilitation. Total disability. Partial disability. Compensation schedule. Reduction of compensation for subsequent injury to same member. Beneficiaries of awards unpaid at death; order of precedence. Augmented compensation for dependents. Additional compensation for services of attendants or vocational rehabilitation. Maximum and minimum monthly payments. Increase or decrease of basic compensation. Computation of pay. Determination of wage-earning capacity. Limitations on right to receive compensation. Time of accrual of right. Election to use annual or sick leave, Notice of injury; failure to give. Report of injury. Claim. Time for making claim. Physical examinations. Findings and award.

531

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/568

 532

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

Sec.

8125. 8126. 8127. 8128. 8129. 8130. 8131. 8132. 8133. 8134. 8135. 8136. 8137. 8138. 8139. 8140. 8141. 8142. 8143. 8144. 8145. 8146. 8147. 8148. 8149. 8150.

Misbehavior at proceedings. Subpenas; oaths; examination of witnesses. Representation; attorneys' fees. Review of award. Recovery of overpayments. Assignment of claim. Subrogation of the United States. Adjustment after recovery from a third person. Compensation in case of death. Funeral expenses; transportation of body. Lump-sum payment. Initial payments outside the United States. Compensation for noncitizens and nonresidents. Minimum limit modification for noncitizens and aliens, Employees of the District of Columbia. Members of the Reserve Officers' Training Corps. Civil Air Patrol volunteers. Peace Corps volunteers. Job Corps enrollees; volunteers in service to America. Student-employees. Administration. Administration for the Canal Zone and The Alaska Railroad. Employees' Compensation Fund. Reports. Regulations. Effect on other statutes.

SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES Sec.

8171. Compensation for work injuries; generally. 8172. Employees not citizens or residents of the United States. 8173. Liability under this subchapter exclusive.

SUBCHAPTER I—GENERALLY § 8101. Definitions For the purpose of this subchapter— (1) "employee" means— (A) a civil officer or employee in any branch of the Government of the United States, including an officer or emloyee of an instrumentality wholly owned by the United tates; (B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual; (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation; (D) an individual employed by the government of the District of Columbia; and (E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of 3 USC 102 note. August 25, 1958 (72 Stat. 838); but does not include— (i) a commissioned officer of the Regular Corps of the Public Health Service; (ii) a commissioned officer of the Reserve Corps of the Public Health Service on active duty;

g

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/569

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

(iii) a commissioned officer of the Coast and Geodetic Survey; or (iv) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521-535 of title 4, District of Columbia Code; (2) "physician" includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law; (3) "medical, surgical, and hospital services and supplies" includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law; (4) "monthly pay" means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the United States, whichever is greater, except when otherwise determined under section 8113 of this title with respect to any period; (5) "injury" includes, in addition to injury by accident, a disease proximately caused by the employment; (6) "widow" means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion; (7) "parent" includes stepparents and parents by adoption; (8) "brother" and "sister" mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters; (9) "child" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children; (10) "grandchild" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support; (11) "widower" means one who, because of physical or mental disability, was wholly dependent for support on the employee at the time of her death; (12) "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for from the Employees' Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death; (13) "war-risk hazard" means a hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring in the country in which an individual to whom this subchapter applies is serving; from— (A) the discharge of a missile, including liquids and gas, or the use of a weapon, explosive, or other noxious thing by a hostile force or individual or in combating an attack or an imagined attack by a hostile force or individual; (B) action of a hostile force or individual, including rebellion or insurrection against the United States or any of its allies;

533

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/570

 534

6 usT 3316.

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

(C) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or individual; (D) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or (E) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities; (14) "hostile force or individual" means a nation, a subject of a foreign nation, or an individual serving a foreign nation— (A) engaged in a war against the United States or any of its allies; (B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies; or (C) engaged in a war or armed conflict between military forces of any origin in a country in which an individual to whom this subchapter applies is serving; (15) "allies" means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance; and (16) "war activities" includes activities directly relating to military operations. § 8102. Compensation for disability or death of employee (a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is— (1) caused by willful misconduct of the employee; (2) caused by the employee's intention to bring about the injury or death of himself or of another; or (3) proximately caused by the intoxication of the injured employee. (b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in the Canal Zone, is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual— (1) whose residence is at or in the vicinity of the place of his employmei;it and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or (2) who is a prisoner of war or a protected individual under YiQ Geneva Conventions of 1949 and is detained or utilized by the United States. This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/571

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

§ 8103. Medical services and initial medical and other benefits (a) The United States shall furnish to an employee who is injured while in the performance of duty, the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished— (1) whether or not disability has arisen; (2) notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of chapter 83 of this title; and (3) by or on the order of United States medical officers and hospitals, or, when this is not practicable, by or on the order of private physicians and hospitals designated or approved by the Secretary. The employee may be furnished transportation and may be paid all expenses incident to the securing of these services, appliances, and supplies which the Secretary considers necessary and reasonable. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees' Compensation Fund. (b) The Secretary, under such limitations or conditions as he considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Secretary may certify vouchers for these expenses out of the Employees' Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury which was accepted by the employing agency as probably compensable under this subchapter. The Secretary shall prescribe the form and content of the certificate. § 8104. Vocational rehabilitation The Secretary of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Secretary of Health, Education, and Welfare in carrying out the purposes of chapter 4 of title 29, except to the extent that the Secretary of Labor provides for furnishing these services under section 8103 of this title. The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees' Compensation Fund. However, in reimbursing a State or corresponding agency under an arrangement pursuant to this section the cost to the agency reimbursable in full under section 32(b)(1) of title 29 is excluded. § 8105. Total disability (a) If the disability is total, the United States shall pay the employee during the disability monthly monetary compensation equal to 66% percent of his monthly pay, which is known as his basic compensation for total disability. (b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.

535

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/572

 536

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

§ 8106. Partial disability (a) If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66% percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability. (b) The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who— (1) fails to make an affidavit or report when required; or (2) knowingly omits or understates any part of his earnings; forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129 of this title, unless recovery is waived under that section. (c) A partially disabled employee who— (1) refuses to seek suitable work; or (2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him; is not entitled to compensation. § 8107. Compensation schedule (a) If there is a permanent disability involving— (1) solely the loss of use of a member or function of the body, Avhether or not the cause of the disability originates in a part of the body other than the member; or (2) disfigurement as provided by the schedule in subsection (c) of this section; the employee is entitled to basic compensation for the period specified by the schedule at the rate of 66% percent of his monthly pay. T i e basic compensation is— (A) in addition to compensation for temporary total or temporary partial disability; and (B) instead of compensation for permanent disability, except in a case involving disfigurement and as otherwise provided by subsection (b) of this section. (b) If an injury causes the total and permanent loss of use of an arm, a hand, a leg, a foot, or an eye, including loss of binocular vision, or total and permanent loss of hearing in both ears, whether or not the disability also involves other impairment of the body, the individual is entitled— (1) for the period specified by the schedule in subsection (c) of this section, to basic compensation at the rate of 66% percent of his monthly pay; and (2) for a later period, to basic compensation as provided by— (A) section 8105 of this title if the disability is total; or (B) section 8106 of this title if the disability is partial. The basic compensation is in addition to compensation for periods of temporary total or temporary partial disability, and is payable notwithstanding subsection (a) of this section and sections 8105 and 8106 of this title.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/573

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

(c) The compensation schedule is as follows: (1) Arm lost, 312 weeks' compensation. (2) Leg lost, 288 weeks' compensation. (3) Hand lost, 244 weeks'compensation. (4) Foot lost, 205 weeks' compensation. (5) Eye lost, 160 weeks' compensation. (6) Thumb lost, 75 weeks' compensation. (7) First finger lost, 46 weeks' compensation. (8) Great toe lost, 38 weeks' compensation. (9) Second finger lost, 30 weeks' compensation. (10) Third finger lost, 25 weeks' compensation. (11) Toe other than great toe lost, 16 weeks' compensation. (12) Fourth finger lost, 15 weeks' compensation. (13) Loss of hearing— (A) complete loss of hearing of one ear, 52 weeks' compensation; or (B) complete loss of hearing of both ears, 200 weeks' comX^ensation. (14) Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye. (15) Compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half of the compensation for loss of the entire digit. (16) If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively. (17) Compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby. (18) Compensation for permanent total loss of use of a member is the same as for loss of the member. (19) Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction. (20) I n case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears. (21) For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compensation payable under this schedule.

537

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/574

 538

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

§ 8108. Reduction of compensation for subsequent injury to same member The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if— (1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and (2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability. In such a case, for the purposes of disabilities specified by section 8107(b) of this title, compensation for disability continuing after tlu scheduled period starts on expiration of that period as reduced under this section. § 8109. Beneficiaries of awards unpaid at death; order of precedence (a) If an individual— (1) has sustained disability compensable under section 8107(a) of this title, including a disability compensable under the schedule in section 8107(c) of this title because of section 8107(b) of this title; (2) has filed a valid claim in his lifetime; and (3) dies from a cause other than the injury before the end of the period specified by the schedule; the compensation specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid— (A) under an award made before or after the death; (B) for the period specified by the schedule; (C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and (D) in the following order of precedence: (i) If there is no child, to the widow or widower. (ii) If there are both a widow or widower and a child or children, one-half to the widow or widower and one-half to the child or children. (iii) If there is no widow or widower, to the child or children. (iv) If there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by section 8133(a)(5) of this title, or to both in proportions provided by regulation, (V) If there is no survivor in the above classes and no burial allowance is payable under section 8134 of this title, an amount not exceeding that which would be expendable under section 8134 of this title if applicable shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he has paid the burial expenses, but a compensated insurer or other person obligated by law or contract to pay the burial expenses or a State or political subdivision or entity is deemed not equitably entitled. (b) Payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent disability speci-

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/575

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

fied by section 8107(a) of this title even if at the time of death the individual was entitled to the augmented rate specified by section 8110 of this title. (c) A surviving beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), does not have a vested right to payment and must be alive to receive payment. (d) A beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), ceases to be entitled to payment on the happening of an event which would terminate his right to compensation for death under section 8133 of this title. When that entitlement ceases, compensation remaining unpaid under subsection (a) of this section is payable to the surviving beneficiary in accordance with subsection (a) of this section. § 8110. Augmented compensation for dependents (a) For the purpose of this section, "dependent" 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 wholly dependent on the employee for support because of his own physical or mental disability; (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. (b) A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented— (1) at the rate of Sy^ percent of his monthly pay if that compensation is payable under section 8105 or 8107(a) of this title including compensation payable under the schedule in section 8107(c) by virtue of section 8107(b) of this title; and (2) at the rate of 8l^ 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. However, for a period of temporary total disability the augmentation of basic compensation for disability payable under section 8105 of this title is limited to that part of the monthly pay of the employee which is not in excess of $420. § 8111. Additional compensation for services of attendants or vocational rehabilitation (a) The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $125 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or IS paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require constant attendance.

539

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/576

 540

PUBLIC LAW 89.554-SEPT. 6, 1966

[80 STAT.

(b) The Secretary may pay an individual undergoing vocational rehabilitation under section 8104 of this title additional compensation necessary for his maintenance, but not to exceed $100 a month. § 8112. Maximum and minimum monthly payments Except as provided by section 8138 of this title, the monthly rate of compensation for disability, including augmented compensation under section 8110 of this title but not including additional compensation under section 8111 of this title, may not exceed $525 a month, and in case of total disability may not be less than $180 a month or the amount of the monthly pay of the employee, whichever is less. § 8113. Increase or decrease of basic compensation (a) If an individual— (1) was a minor or employed in a learner's capacity at the time of injury; and (2) was not physically or mentally handicapped before the the Secretary of Labor, on review under section 8128 of this title after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity. (b) The Secretary, on review under section 8128 of this title after a disabled employee becomes 70 years of age and his wage-earning capacity would probably have decreased because of old age aside from and independently of the effects of the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable decreased wage-earning capacity. (c) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under section 8104 of this title, the Secretary, on review under section 8128 of this title and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary, § 8114. Computation of pay (a) For the purpose of this section— (1) "overtime pay" means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and (2) "year" means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Secretary of Labor. (b) I n computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section. (c) The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, in the discretion of the Secre-

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/577

 80 STAT. ]

PUBLIC LAW 89.554-SEPT. 6, 1966

tary of Labor, may be computed on the basis of the actual daily wage of the employee at the time of injury in which event he may be paid compensation for the days he would have worked but for the injury, (d) Average annual earnings are determined as follows: (1) If the employee worked in the employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay— (A) was fixed, the average annual earnings are the annual rate of pay; or (B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 5i/^-day week, and 260 if employed on the basis of a r)-dny week. (2) If the employee did not work in employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment by the United States in the same or neighboring place, as determined under paragraph (1) of this subsection. (3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he was working at the time of the injury having regard to the previous earnings of the employee in Federal employment, and of other employees of the United States in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee, or other relevant factors. However, the average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment during the days employed within 1 year immediately preceding his injury. (4) If the employee served without pay or at nominal pay, paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the employee may not exceed the minimum rate of basic pay for GS-15. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year. (e) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, is included as part of the pay, but account is not taken of— (1) overtime pay; (2) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or (3) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war. 65-300 0-67—37

541

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/578

 542

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

§ 8115. Determination of wage-earning capacity (a) I n determining compensation for partial disability, except permanent partial disability compensable under sections 8107-8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to— (1) the nature of his injury; (2) the degree of physical impairment; (3) his usual employment; (4) his age; (5) his qualifications for other employment; (6) the availability of suitable employment; and (7) other factors or circumstances which may affect his wageearning capacity in his disabled condition. (b) Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability. § 8116. Limitations on right to receive compensation (a) While an employee is receiving compensation under this subchapter, or if he has been paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, he may not receive salary, pay, or remuneration of any type from the United States, except— (1) in return for service actually performed; and (2) pension for service in the Army, Navy, or Air Force. However, eligibility for or receipt of benefits under subchapter III of chapter 83 of this title does not impair the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title. (b) An individual entitled to benefits under this subchapter because of his injury, or because of the death of an employee, who also is entitled to receive from the United States under a provision of statute other than this subchapter payments or benefits for that injury or death (except proceeds of an insurance policy), because of service by him (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Secretary of Labor. The election when made is irrevocable, except as otherwise provided by statute. (c) The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's compensation statute or under a Federal tort liability statute. However, this subsection does not apply to a master or a member of a crew of a vessel.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/579

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

§ 8117. Time of accrual of right An employee is not entitled to compensation for the first 3 days of temporary disability, except— (1) when the disability exceeds 21 days; (2) when the disability is followed by permanent disability; or (3) as provided by sections 8103 and 8104 of this title. § 8118. Election to use annual or sick leave An employee may use annual or sick leave to his credit at the time disability begins, but his compensation for disability does not begin, and the time periods specified by section 8117 of this title do not begin to run, until the use of the annual or sick leave ends. § 8119. Notice of injury; failure to give (a) An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. The notice shall— (1) be given within 48 hours after the injury; (2) be given to the immediate superior of the employee by personal delivery or by depositing it m the mail properly stamped and addressed; (3) be in writing; (4) state the name and address of the employee; (5) state the year, month, day, and hour when and the particular locality where the injury occurred; (6) state the cause and nature of the injury; and (7) be signed by and contain the address of the individual giving the notice. (b) Compensation may be allowed only if the notice is given within 48 hours after the injury or if the immediate superior of the employee has actual knowledge of the injury. However, the Secretary of Labor may allow compensation if— (1) the notice is filed within 1 year after the injury and reasonable cause for the delay is shown; or (2) the requirement for 48 hours' notice is waived under section 8122 of this title. § 8120. Report of injury Immediately after an injury to an employee which results in his death or probable disability, his immediate superior shall report to the Secretary of Labor. The Secretary may— (1) prescribe the information that the report shall contain; (2) require the immediate superior to make supplemental reports; and (3) obtain such additional reports and information from employees as are agreed on by the Secretary and the head of the employing agency. § 8121. Claim Compensation under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor. The claim shall— (1) be made in writing within the time specified by section 8122 of this title; (2) be delivered to the office of the Secretary of Labor or to an individual whom the Secretary may designate by regulation, or deposited in the mail properly stamped and addressed to the Secretary or his designee;

543

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/580

 544

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

(3) be on a form furnished by the Secretary; (4) contain all information required by the Secretary; (5) be sworn to by the individual entitled to compensation or someone on his behalf; and (6) except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability. The Secretary may waive paragraphs (3) - (6) of this section for reasonable cause shown. § 8122. Time for making claim (a) An original claim for compensation— (1) for death shall be made within 1 year after the death; and (2) for disability shall be made within 60 days after the injury. However, the Secretary of Labor may allow an original claim for disability to be made within 1 year after the injury for reasonable cause shown. (b) In a case of latent disability due to radiation or other cause, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. I n such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability. (c) The Secretary may waive compliance with the requirements of this subchapter for giving notice of injury and for filing claim for compensation for disability or death if— (1) a claim is filed within 5 years after the injury or death; and (2) the Secretary finds— (A) that the failure to comply was due to circumstances beyond the control of the individual claiming benefits; or (B) that the individual claiming benefits has shown sufficient cause or reason in explanation of, and material prejudice to the interest of the United States has not resulted from, the failure. § 8123. Physical examinations (a) An employee shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the United States and the physician of the employee, the Secretary shall appoint a third physician who shall make an examination. (b) An employee is entitled to be paid expenses incident to an examination required by the Secretary which in the opinion of the Secretary are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund.

�


text:
User:Ranveig

My home Wikisource is the Norwegian one.

Occasionally, I proofread while reading.

Useful pages

 * WikiProject Translation

title: User:Ranveig


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/581

 80 STAT. ]

PUBLIC LAW 89.554-SEPT. 6, 1966

(c) The Secretary shall fix the fees for examinations held under this section by physicians not employed by or under contract to the United States to furnish medical services to employees. The fees, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund. (d) If an employee refuses to submit to or obstructs an examination, his right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee. § 8124. Findings and award The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after— (1) considering the claim presented by the beneficiary and the report furnished by the immediate superior; and (2) completing such investigation as he considers necessary. § 8125. Misbehavior at proceedings If an individual— (1) disobeys or resists a lawful order or process in proceedings under this subchapter before the Secretary of Labor or his representative; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct i t; the Secretary or his representative shall certify the facts to the district court having jurisdiction in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court. § 8126. Subpenas; oaths; examination of witnesses The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may— (1) issue subpenas for and compel the attendance of witnesses within a radius of 100 miles; (2) administer oaths; (3) examine witnesses; and (4) require the production of books, papers, documents, and other evidence. § 8127. Representation; attorneys* fees (a) A claimant may authorize an individual to represent him in any proceeding under this subchapter before the Secretary of Labor. (b) A claim for legal or other services furnished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Secretary. § 8128. Review of award' (a) The Secretary of Labor may review an award for or against payment of compensation at any time on his own motion or on application. The Secretary, in accordance with the facts found on review, may—

545

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/582

 546

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

(1) end, decrease, or increase the compensation previously awarded; or (2) award compensation previously refused or discontinued, (b) The action of the Secretary or his designee in allowing or denying a payment under this subchapter is— (1) final and conclusive for all purposes and with respect to all questions of law and fact; and (2) not subject to review by another official of the United States or by a court by mandamus or otherwise. Credit shall be allowed in the accounts of a certifying or disbursing official for payments in accordance with that action. § 8129. Recovery of overpayments (a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual's deatli. (b) Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience. (c) A certifying or disbursing official is not liable for an amount certified or paid by him when— (1) adjustment or recovery of the amount is waived under subsection (b) of this section; or (2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized. § 8130. Assignment of claim An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors. § 8131. Subrogation of the United States (a) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to— (1) / assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or (2) prosecute the action in his own name. An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged. (b) A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter. (c) The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees' Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/583

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

(d) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation— (1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or (2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company. § 8132. Adjustment after recovery from a third person If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as a result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injuiy. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If compensation has not been paid to the beneficiary, he shall credit the money or property on compensation payable to him by the United States for the same injury. § 8133. Compensation in case of death (a) If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule: (1) To the widow or widower, if there is no child, 45 percent. (2) To the widow or widower, if there is a child, 40 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children. (3) To the children, if there is no widow or widower, 35 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike. (4) To the parents, if there is no widow, widower, or child, as follows— (A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent; (B) 20 percent to each if both were wholly dependent; or (C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent. (5) To the brothels, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows— (A) 20 percent if one was wholly dependent on the employee at the time of death;

547

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/584

 548

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

(B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or (C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike. If there is a widow, widower, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent. (b) The compensation payable under subsection (a) of this section is paid from the time of death until— (1) a widow dies or remarries; (2) a widower dies or remarries or becomes capable of selfsupport; (3) a child, a brother, a sister, or a grandchild dies or marries or becomes 18 years of age, or if over age 18 and incapable of selfsupport becomes capable of self-support; or (4) a parent or grandparent dies or marries or ceases to be dependent. (c) On the cessation of compensation under this section to or on account of an individual, the compensation of the remaining individuals entitled to compensation for the unexpired part of the period during which their compensation is payable, is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee. (d) When there are two or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Secretary may modify the apportionment to meet the requirements of the case. (e) The monthly pay for computing compensation under this section is deemed at least $240, but the total monthly compensation may not exceed the monthly pay computed under section 8114 of this title or $525, whichever is less. § 8134. Funeral expenses; transportation of body (a) If death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Secretary of Labor. (b) The body of an employee whose home is in the United States, in the discretion of the Secretary, may be embalmed and transported in a hermetically sealed casket to his home or last place of residence at the expense of the Employees' Compensation F u n d if— (1) the employee dies from— (A) the injury while away from his home or official station or outside the United States; or (B) from other causes while away from his home or official station for the purpose of receiving medical or other services, appliances, supplies, or examination under this subchapter; and (2) the relatives of the employee request the return of his body. If the relatives do not request the return of the body of the employee, the Secretary may provide for its disposition and incur and pay from the Employees' Compensation F u n d the necessary and reasonable transportation, funeral, and burial expenses. § 8135. Lump-sum payment The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/585

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

value of all future payments of compensation computed at 4 percent true discount compounded annually if— (1) the monthly payment to the beneficiary is less than $5 a month; (2) the beneficiary is or is about to become a nonresident of the United States; or (3) the Secretary of Labor determines that it is for the best interest of the beneficiary. The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality, but the limip-sum payment to a widow or widower of the deceased employee may not exceed 60 months' compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded. § 8136. Initial payments outside the United States If an employee is injured outside the continental United States, the Secretary of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the United States designated by the Secretary for that purpose in the locality in which the employee was employed or the injury occurred. § 8137. Compensation for noncitizens and nonresidents (a) When the Secretary of Labor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of iijjury, he may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by— (1) the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen's compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or (2) establishing special schedules of compensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places. Irrespective of the basis adopted, the Secretary may at any time— (A) modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits; (B) modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and (C) modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter. (b) In a case under this section, the Secretary or his designee may— (1) make a lump-sum award in the manner prescribed by section 8135 of this title when he or his designee considers it to be for the best interest of the United States; and (2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.

549

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/586

 550

PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

Compensation paid under this subsection is instead of all other compensation from the United States for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and is satisfaction of all liability of the United States in respect to the particular injury or death. (c) The Secretary may delegate to an employee or agency of the United States, with such limitations and right of review as he considers advisable, authority to process, adjudicate, commute by lumpsum award, compromise, and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter. (d) The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that— (1) conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or (2) claimants under this section are alien enemies. (e) The Secretary may applv this section retrospectively with adjustment of compensation and oenefits as he considers necessary and proper. § 8138. Minimum limit modification for noncitizens and aliens (a) Except as provided by subsection (b) of this section, the minimum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title do not apply in the case of a noncitizen employee, or a class or classes of noncitizen employees, who sustain injury outside the continental United States. The Secretary of Labor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees. (b) The President may remove or modify the minimum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title in the case of an alien employee, or a class or classes of alien employees, of the Canal Zone Government or the Panama Canal Company. § 8139. Employees of the District of Columbia Compensation awarded to an employee of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the government of the District of Columbia. § 8140. Members of the Reserve Officers* Training Corps (a) Subject to the provisions of this section, this subchapter applies to a member of, or applicant for membership in, the Reserve Officers' Training Corps of the Army, Navy, or Air Force who suffers disability or death from an injury incurred in line of duty— (1) while engaged in a flight or in flight instruction under chapter 103 of title 10; or (2) while performing authorized travel to or from, or while attending, field training or a practice cruise under chapter 103 of title 10.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/587

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

(b) For the purpose of this section, an injury is incurred in line of duty only if it is the proximate result of the performance of military training by the member concerned, or of his travel to or from that training, during the periods specified by subsection (a)(2) of this section. A member or applicant for membership who contracts a disease or illness which is the proximate result of the performance of training during the periods specified by subsection (a)(2) of this section is considered for the purpose of this section to have been injured in line of duty during that period. Subject to review by the Secretary of Labor, the Secretary of the military department concerned, under regulations prescribed by him, shall determine whether or not an injury, disease, or illness was incurred or contracted in line of duty and was the proximate result of the performance of military training by the member concerned or of his travel to or from that military training. (c) In computing the compensation payable under this section, the monthly pay received by the injured or deceased individual, in cash and kind, is deemed $150. (d) The Secretary of the military department concerned shall cooperate fully with the Department of Labor in the prompt investigation and prosecution of a case involving the legal liability of a third party other than the United States. (e) An individual may not receive disability benefits under this section while on active duty with the armed forces, but these benefits may be reinstated when the individual is released from that active duty. (f) Expenses incurred by a military department in providing hospitalization, medical and surgical care, necessary transportation incident to that hospitalization or medical and surgical care, or in connection with a funeral and burial on behalf of an individual covered by subsection (a) of this section shall be reimbursed by the Secretary of Labor from the Employees' Compensation Fund in accordance with this subchapter. However, reimbursement may not be made for hospitalization or medical or surgical care provided an individual while attending field training or a practice cruise under chapter 103 of title 10. § 8141. Civil Air Patrol volunteers. (a) Subject to the provisions of this section, this subchapter applies to a volunteer civilian member of the Civil Air Patrol, except a Civil Air Patrol Cadet. (b) In administering this subchapter for a member of the Civil Air Patrol covered by this section— (1) the monthly pay of a member is deemed $300 for the purpose of computing compensation for disability or death; (2) the percentages applicable to payments under section 8133 of this title are— (A) 45 percent for section 8133(a)(2) of this title, if the member dies fully or currently insured under subchapter II of chapter 7 of title 42, with no additional payments for a child or children while the widow" or widower remains eligible for payments under section 8133(a)(2) of this title; (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

551

�