
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: 5USC8116]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 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;
        (2) pension for service in the Army, Navy, or Air Force;
        (3) other benefits administered by the Department of Veterans 
    Affairs unless such benefits are payable for the same injury or the 
    same death; and
        (4) retired pay, retirement pay, retainer pay, or equivalent pay 
    for service in the Armed Forces or other uniformed services.

However, eligibility for or receipt of benefits under subchapter III of 
chapter 83 of this title, or another retirement system for employees of 
the Government, 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.
    (d) Notwithstanding the other provisions of this section, an 
individual receiving benefits for disability or death under this 
subchapter who is also receiving benefits under subchapter III of 
chapter 84 of this title or benefits under title II of the Social 
Security Act shall be entitled to all such benefits, except that--
        (1) benefits received under section 223 of the Social Security 
    Act (on account of disability) shall be subject to reduction on 
    account of benefits paid under this subchapter pursuant to the 
    provisions of section 224 of the Social Security Act; and
        (2) in the case of benefits received on account of age or death 
    under title II of the Social Security Act, compensation payable 
    under this subchapter based on the Federal service of an employee 
    shall be reduced by the amount of any such social security benefits 
    payable that are attributable to Federal service of that employee 
    covered by chapter 84 of this title. However, eligibility for or 
    receipt of benefits under chapter 84 of this title, or benefits 
    under title II of the Social Security Act by virtue of service 
    covered by chapter 84 of this title, does not affect the right of 
    the employee to compensation for scheduled disabilities specified by 
    section 8107(c) of this title.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 542; Pub. L. 90-83, Sec. 1(56), 
Sept. 11, 1967, 81 Stat. 210; Pub. L. 93-416, Sec. 9(a), Sept. 7, 1974, 
88 Stat. 1145; Pub. L. 99-335, title II, Sec. 207(e), June 6, 1986, 100 
Stat. 595; Pub. L. 102-54, Sec. 13(b)(1), June 13, 1991, 105 Stat. 274; 
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(f)(3)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-293.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 757.                 Sept. 7, 1916, ch.
                                                    458, Sec.  7, 39
                                                    Stat. 743.
                     ............................  July 1, 1944, ch.
                                                    373, Sec.  605(a),
                                                    58 Stat. 712.
                     ............................  Aug. 13, 1946, ch.
                                                    958, Sec.  5, 60
                                                    Stat. 1049.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  201, 63
                                                    Stat. 861.
                     ............................  July 30, 1956, ch.
                                                    779, Sec.  3(b), 70
                                                    Stat. 721.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    202, 74 Stat. 907.
                     ............................  Sept. 4, 1964, Pub.
                                                    L. 88-581, Sec.
                                                    4(b), 78 Stat. 919.
------------------------------------------------------------------------

    In subsection (a)(2), ``Air Force'' is added on authority of the Act 
of July 26, 1947, ch. 343, Sec. 207(a), (f), 61 Stat. 502, and sections 
8010--8013 of title 10, United States Code. This does not affect the 
operation of this subsection insofar as it concerns members of the Coast 
Guard whose pension is based in whole or in part on service with the 
Coast Guard when it operated as a part of the Navy.
    In subsection (b), the reference to the definition of ``employee'' 
in former section 790 is omitted as unnecessary as the definition is 
included in section 8101 for the entire subchapter.
    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.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5        Source (U.S.Code)               Large)
------------------------------------------------------------------------
8116(a)............  5 App.: 757(a).               July 4, 1966, Pub. L.
                                                    89-488, Sec.  5(a),
                                                    80 Stat. 253.
------------------------------------------------------------------------

    The words ``another retirement system for employees of the 
Government'' are substituted for ``any other Federal Act or program 
providing retirement benefits for employees''.

                       References in Text

    The Social Security Act, referred to in subsec. (d), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security 
Act is classified generally to subchapter II (Sec. 401 et seq.) of 
chapter 7 of Title 42, The Public Health and Welfare. Sections 223 and 
224 are classified to sections 423 and 424a, respectively, of Title 42. 
For complete classification of this Act to the Code, see section 1305 of 
Title 42 and Tables.


                               Amendments

    2000--Subsec. (a)(4). Pub. L. 106-398 struck out ``, subject to the 
reduction of such pay in accordance with section 5532(b) of title 5, 
United States Code'' after ``uniformed services''.
    1991--Subsec. (a)(3). Pub. L. 102-54 substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration''.
    1986--Subsec. (d). Pub. L. 99-335 added subsec. (d).
    1974--Subsec. (a). Pub. L. 93-416 struck out ``and'' in cl. (1), 
substituted a semicolon for a period in cl. (2), and added cls. (3) and 
(4).


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 
702(a) of Pub. L. 99-335, set out as an Effective Date note under 
section 8401 of this title.


                    Effective Date of 1974 Amendment

    Section 9(b) of Pub. L. 93-416 provided that: ``The amendment made 
by this section [amending this section] shall be effective with respect 
to disability or death occurring before or after the date of enactment 
of this Act [Sept. 7, 1974] and without regard to any election under 
section 8116(b) of the Act [subsec. (b) of this section]; but no payment 
shall be made by reason of such amendment for any period prior to the 
date of enactment of this Act.''


                 Personnel Not Affected by 1967 Increase

    Increases authorized under amendment by section 1(56) 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 title 22 section 3715d.
