
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8109]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 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;
        (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 specified 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90-83, Sec. 1(52), 
Sept. 11, 1967, 81 Stat. 210.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 755(d).              Oct. 14, 1949, ch.
                                                    691, Sec.  104
                                                    ``Sec. 5(d)'', 63
                                                    Stat. 857.
------------------------------------------------------------------------

    The references in former section 755(d) to definitions in former 
section 760(B), (H) are omitted as unnecessary as the definitions are 
included in section 8101 for the entire subchapter.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5        Source (U.S.Code)               Large)
------------------------------------------------------------------------
8109(a)(1).........  5 App.: 755(d)(1).            July 4, 1966, Pub. L.
                                                    89-488, Sec.  2(d),
                                                    80 Stat. 252.
------------------------------------------------------------------------

                 Personnel Not Affected by 1967 Increase

    Increases authorized under amendment by Pub. L. 90-83 not applicable 
to specified personnel, see section 7 of Pub. L. 90-83, set out as a 
note under section 8103 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 8115 of this title; title 18 
section 1921.
