
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: 5USC8110]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8110. Augmented compensation for dependents

    (a) For the purpose of this section, ``dependent'' means--
        (1) a wife, if--
            (A) she is 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--
            (A) he is a member of the same household as the employee; or
            (B) he is receiving regular contributions from the employee 
        for his support; or
            (C) the employee has been ordered by a court to contribute 
        to his support;

        (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.

Notwithstanding paragraph (3) of this subsection, compensation payable 
for a child that would otherwise end because the child has reached 18 
years of age shall continue if he is a student as defined by section 
8101 of this title at the time he reaches 18 years of age for so long as 
he continues to be such a student or until he marries.
    (b) A disabled employee with one or more dependents is entitled to 
have his basic compensation for disability augmented--
        (1) at the rate of 8\1/3\ percent of his monthly pay if that 
    compensation is payable under section 8105 or 8107(a) of this title; 
    and
        (2) at the rate of 8\1/3\ 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90-83, Sec. 1(53), 
Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, Sec. 6, Sept. 7, 1974, 88 
Stat. 1145.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 756(a).              Sept. 7, 1916, ch.
                                                    458, Sec.  6, 39
                                                    Stat. 743.
                     ............................  Feb. 12, 1927, ch.
                                                    110, Sec.  1, 44
                                                    Stat. 1086.
                     ............................  May 13, 1936, ch.
                                                    382, 49 Stat. 1270.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  105
                                                    ``Sec. 6(a)'', 63
                                                    Stat. 858.
------------------------------------------------------------------------

    The references in former section 756(a)(2) to definitions in former 
section 760(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)
------------------------------------------------------------------------
8110(a)............  5 App.: 756(a)(2) (C).        July 4, 1966, Pub. L.
                                                    89-488, Sec.  7(b),
                                                    80 Stat. 254.
8110(b)............  5 App.: 756(a)(1).            July 4, 1966, Pub. L.
                                                    89-488 Secs.  2(e),
                                                    3(a), 80 Stat. 252.
------------------------------------------------------------------------

    In subsection (a), the words ``Notwithstanding paragraph (3) of this 
subsection'' are substituted for ``Notwithstanding any other provision 
of this section'' for clarity. The word ``he'' is substituted for ``he 
or she'' in two places on authority of 1 U.S.C. 1. The words ``section 
8101 of this title'' are substituted for ``section 10(M) of this Act'' 
to reflect the codification of that section in title 5.


                               Amendments

    1974--Subsec. (a)(2). Pub. L. 93-416 substituted provisions of 
subpars. (A), (B) and (C) for ``wholly dependent on the employee for 
support because of his own physical or mental disability''.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-416 effective Sept. 7, 1974, and applicable 
to any injury or death occurring on or after such effective date, see 
section 28(a) of Pub. L. 93-416, set out as a note under section 8101 of 
this title.


                 Personnel Not Affected by 1967 Increase

    Increases authorized under amendment by section 1(53)(B), (C) of 
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 sections 8104, 8109, 8112, 8148 of 
this title; title 18 section 1921.
