
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: 5USC8114]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 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) In 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 Secretary 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 5\1/2\-day week, 
        and 260 if employed on the basis of a 5-day 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, and premium pay under section 5545(c)(1) of this title are 
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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 89-737, Sec. 1(1), 
Nov. 2, 1966, 80 Stat. 1164.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 762.                 Sept. 7, 1916, ch.
                                                    458, Sec.  12, 39
                                                    Stat. 746.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  203, 63
                                                    Stat. 862.
------------------------------------------------------------------------

    In subsection (d)(4), the words ``the minimum rate of basic pay for 
GS-15'' are substituted for ``the basic rate of annual compensation 
specified under the Classification Act of 1949, as amended, for 
positions in grade GS-15 at the bottom of such grade''. In former 
section 762, the words ``Classification Act of 1949'' were substituted 
for ``Classification Act of 1923'' on authority of Sec. 1106(a) of the 
Act of Oct. 28, 1949, ch. 782, 63 Stat. 972.
    Administration of this subchapter was transferred to the Secretary 
of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see 
section 8145).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1966--Subsec. (e). Pub. L. 89-737 inserted reference to premium pay 
under section 5545(c)(1) of this title.


                    Effective Date of 1966 Amendment

    Section 4 of Pub. L. 89-737, which provided that the amendments made 
by this Act [amending this section and sections 8331 and 8704 of this 
title] apply with respect to premium pay payable from and after the 
first day of the first pay period which begins after the date of 
enactment of this Act [Nov. 2, 1966], was repealed by Pub. L. 90-83, 
Sec. 10(b), Sept. 11, 1967, 81 Stat. 223.

                  Section Referred to in Other Sections

    This section is referred to in sections 5545a, 5545b, 8115, 8133 of 
this title; title 28 section 1877.
