
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: 5USC8133]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8133. Compensation in case of death

    (a) If death results from an injury sustained in the performance of 
duty, the United States shall pay a monthly compensation equal to a 
percentage of the monthly pay of the deceased employee in accordance 
with the following schedule:
        (1) To the widow or widower, if there is no child, 50 percent.
        (2) To the widow or widower, if there is a child, 45 percent and 
    in addition 15 percent for each child not to exceed a total of 75 
    percent for the widow or widower and children.
        (3) To the children, if there is no widow or widower, 40 percent 
    for one child and 15 percent additional for each additional child 
    not to exceed a total of 75 percent, divided among the children 
    share and share alike.
        (4) To the parents, if there is no widow, widower, or child, as 
    follows--
            (A) 25 percent if one parent was wholly dependent on the 
        employee at the time of death and the other was not dependent to 
        any extent;
            (B) 20 percent to each if both were wholly dependent; or
            (C) a proportionate amount in the discretion of the 
        Secretary of Labor if one or both were partly dependent.

    If there is a widow, widower, or child, so much of the percentages 
    are payable as, when added to the total percentages payable to the 
    widow, widower, and children, will not exceed a total of 75 percent.
        (5) To the brothers, sisters, grandparents, and grandchildren, 
    if there is no widow, widower, child, or dependent parent, as 
    follows--
            (A) 20 percent if one was wholly dependent on the employee 
        at the time of death;
            (B) 30 percent if more than one was wholly dependent, 
        divided among the dependents share and share alike; or
            (C) 10 percent if no one is wholly dependent but one or more 
        is partly dependent, divided among the dependents share and 
        share alike.

    If there is a widow, widower, child, or dependent parent, so much of 
    the percentages are payable as, when added to the total percentages 
    payable to the widow, widower, children, and dependent parents, will 
    not exceed a total of 75 percent.

    (b) The compensation payable under subsection (a) of this section is 
paid from the time of death until--
        (1) a widow, or widower dies or remarries before reaching age 
    55;
        (2) a child, a brother, a sister, or a grandchild dies, marries, 
    or becomes 18 years of age, or if over age 18 and incapable of self-
    support becomes capable of self-support; or
        (3) a parent or grandparent dies, marries, or ceases to be 
    dependent.

Notwithstanding paragraph (2) of this subsection, compensation payable 
to or for a child, a brother or sister, or grandchild that would 
otherwise end because the child, brother or sister, or grandchild 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. A widow 
or widower who has entitlements to benefits under this title derived 
from more than one husband or wife shall elect one entitlement to be 
utilized.
    (c) On the cessation of compensation under this section to or on 
account of an individual, the compensation of the remaining individuals 
entitled to compensation for the unexpired part of the period during 
which their compensation is payable, is that which they would have 
received if they had been the only individuals entitled to compensation 
at the time of the death of the employee.
    (d) When there are two or more classes of individuals entitled to 
compensation under this section and the apportionment of compensation 
under this section would result in injustice, the Secretary may modify 
the apportionment to meet the requirements of the case.
    (e) In computing compensation under this section, the monthly pay is 
deemed not less than the minimum rate of basic pay for GS-2. However, 
the total monthly compensation may not exceed--
        (1) the monthly pay computed under section 8114 of this title, 
    except for increases authorized by section 8146a of this title; or
        (2) 75 percent of the monthly pay of the maximum rate of basic 
    pay for GS-15.

    (f) Notwithstanding any funeral and burial expenses paid under 
section 8134, there shall be paid a sum of $200 to the personal 
representative of a deceased employee within the meaning of section 
8101(1) of this title for reimbursement of the costs of termination of 
the decedent's status as an employee of the United States.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90-83, Sec. 1(62), 
Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, Secs. 16(a), 17, 18, Sept. 
7, 1974, 88 Stat. 1147, 1149; Pub. L. 101-303, Sec. 3(1), May 29, 1990, 
104 Stat. 251.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 760 (less last 23    Sept. 7, 1916, ch.
                      words of 1st sentence in      458, Sec.  10 (less
                      (B); and less (H) and (L)).   last 15 words of 1st
                                                    sentence in (B); and
                                                    less (H) and (L)),
                                                    39 Stat. 744.
                                                   Feb. 12, 1927, ch.
                                                    110, Sec.  3, 44
                                                    Stat. 1087.
                     ............................  July 28, 1945, ch.
                                                    328, Secs.  2 (less
                                                    last 24 words), 3,
                                                    59 Stat. 503.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  106 (less
                                                    last 23 words of 1st
                                                    sentence in ``(B)''
                                                    of (c); and less
                                                    (e)), 63 Stat. 859.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    102, 74 Stat. 906.
------------------------------------------------------------------------

    In subsection (a), the words ``an injury sustained in the 
performance of duty'' are substituted for ``the injury'' to clearly 
identify the type of injury to which the section refers.
    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)
------------------------------------------------------------------------
8133(b)............  5 App.: 760(G) (last          July 4, 1966, Pub. L.
                      sentence).                    89-488, Sec.  7(a),
                                                    80 Stat. 253.
8133(e)............  5 App.: 760(K).               July 4, 1966, Pub. L.
                                                    89-488, Sec.  3(c),
                                                    80 Stat. 252.
------------------------------------------------------------------------

    In subsection (b), the words ``Notwithstanding paragraph (3) of this 
subsection'' are substituted for ``Notwithstanding any other provision 
of this section'' for clarity. 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.
    In subsection (e), the words ``is deemed'' are substituted for 
``shall be considered to be''. The words ``minimum rate of basic pay for 
GS-2'' and ``maximum rate of basic pay for GS-15'' are substituted for 
``lowest rate of basic compensation provided for grade 2 by the General 
Schedule of the Classification Act of 1949'' and ``highest rate of basic 
compensation provided for grade 15 of the General Schedule of the 
Classification Act of 1949,'' respectively, for consistency of style and 
to reflect the codification of the Classification Act of 1949 in title 
5. The words ``under section 8114 of this title'' are substituted for 
``as provided in section 12'' to reflect the codification of that 
section in title 5.


                               Amendments

    1990--Subsec. (b)(1). Pub. L. 101-303 substituted ``age 55'' for 
``age 60''.
    1974--Subsec. (a)(1). Pub. L. 93-416, Sec. 16(a), substituted ``50'' 
for ``45''.
    Subsec. (a)(2). Pub. L. 93-416, Sec. 16(a), substituted ``45'' for 
``40''.
    Subsec. (a)(3). Pub. L. 93-416, Sec. 16(a), substituted ``40'' for 
``35''.
    Subsec. (b). Pub. L. 93-416, Sec. 16(a), inserted ``before reaching 
age 60'' after ``remarries'' in par. (1), struck out par. (2) referring 
to widower who dies, remarries or becomes capable of self-support, 
redesignated pars. (3) and (4) as (2) and (3), respectively, changed the 
reference in closing paragraph from paragraph (3) of this subsection to 
paragraph (2) of this subsection, and inserted provision for election by 
widower or widow of benefits derived from more than one husband or wife.
    Subsec. (e)(1). Pub. L. 93-416, Sec. 17, inserted ``, except for 
increases authorized by section 8146a of this title'' before ``; or''.
    Subsec. (f). Pub. L. 93-416, Sec. 18, added subsec. (f).


                    Effective Date of 1974 Amendment

    Amendment by sections 16(a) and 17 of Pub. L. 93-416 applicable to 
cases where injury or death occurred prior to Sept. 7, 1974 but only to 
a period beginning 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.
    Amendment by section 18 of Pub. L. 93-416 effective on 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.


Gratuity for Death of Civilian Employee From Injury Sustained in Line of 
                                  Duty

    Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 651], 
Sept. 30, 1996, 110 Stat. 3009-314, 3009-368, provided that: 
``Notwithstanding section 8116 of title 5, United States Code, and in 
addition to any payment made under 5 U.S.C. 8101 et seq., beginning in 
fiscal year 1997 and thereafter, the head of any department or agency is 
authorized to pay from appropriations made available to the department 
or agency a death gratuity to the personal representative (as that term 
is defined by applicable law) of a civilian employee of that department 
or agency whose death resulted from an injury sustained in the line of 
duty on or after August 2, 1990: Provided, That payments made pursuant 
to this section, in combination with the payments made pursuant to 
sections 8133(f) and 8134(a) of such title 5 and section 312 of Public 
Law 103-332 (108 Stat. 2537) [5 U.S.C. 8134 note], may not exceed a 
total of $10,000 per employee.''


                 Personnel Not Affected by 1967 Increase

    Increases authorized under amendment by section 1(62)(B) 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 8109, 8119, 8135, 8138, 
8141, 8148 of this title; title 14 sections 707, 760; title 18 section 
1921; title 22 section 3973.
