
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8132]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 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 
the 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 injury. No 
court, insurer, attorney, or other person shall pay or distribute to the 
beneficiary or his designee the proceeds of such suit or settlement 
without first satisfying or assuring satisfaction of the interest of the 
United States. 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. 
However, the beneficiary is entitled to retain, as a minimum, at least 
one-fifth of the net amount of the money or other property remaining 
after the expenses of a suit or settlement have been deducted; and in 
addition to this minimum and at the time of distribution, an amount 
equivalent to a reasonable attorney's fee proportionate to the refund to 
the United States.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90-83, Sec. 1(61), 
Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, Sec. 15, Sept. 7, 1974, 88 
Stat. 1147.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 777.                 Sept. 7, 1916, ch.
                                                    458, Sec.  27, 39
                                                    Stat. 747.
------------------------------------------------------------------------

    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)
------------------------------------------------------------------------
8132...............  5 App.: 777(b) (proviso).     July 4, 1966, Pub. L.
                                                    89-488, Sec.  10(b),
                                                    80 Stat. 255.
------------------------------------------------------------------------

    The words ``However, * * * is entitled to retain * * * plus'' are 
substituted for ``Provided, That * * * shall have the right to retain * 
* * and, in addition, to retain''.


                               Amendments

    1974--Pub. L. 93-416 made minor changes in phraseology and inserted 
provision prohibiting a court, etc., from distributing proceeds of suit 
or settlement without satisfying or assuring satisfaction of the 
interests of the United States.


                    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 Sept. 7, 1974, 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 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 8147 of this title.
