
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: 5USC8135]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8135. Lump-sum payment

    (a) The liability of the United States for compensation to a 
beneficiary in the case of death or of permanent total or permanent 
partial disability may be discharged by a lump-sum payment equal to the 
present value of all future payments of compensation computed at 4 
percent true discount compounded annually if--
        (1) the monthly payment to the beneficiary is less than $50 a 
    month;
        (2) the beneficiary is or is about to become a nonresident of 
    the United States; or
        (3) the Secretary of Labor determines that it is for the best 
    interest of the beneficiary.

The probability of the death of the beneficiary before the expiration of 
the period during which he is entitled to compensation shall be 
determined according to the most current United States Life Tables, as 
developed by the United States Department of Health, Education, and 
Welfare, which shall be updated from time to time, but the lump-sum 
payment to a widow or widower of the deceased employee may not exceed 60 
months' compensation. The probability of the happening of any other 
contingency affecting the amount or duration of compensation shall be 
disregarded.
    (b) On remarriage before reaching age 55 a widow or widower entitled 
to compensation under section 8133 of this title, shall be paid a lump 
sum equal to twenty-four times the monthly compensation payment 
(excluding compensation on account of another individual) to which he 
was entitled immediately before the remarriage.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 548; Pub. L. 90-83, Sec. 1(63), 
Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, Secs. 16(b), 19, 20, Sept. 
7, 1974, 88 Stat. 1149; Pub. L. 101-303, Sec. 3(2), 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. 764.                 Sept. 7, 1916, ch.
                                                    458, Sec.  14, 39
                                                    Stat. 746.
------------------------------------------------------------------------

    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)
------------------------------------------------------------------------
8135(b)............  5 App.: 764(b).               July 4, 1966, Pub. L.
                                                    89-488, Sec.  8, 80
                                                    Stat. 254.
------------------------------------------------------------------------

    The word ``widower'' is substituted for ``dependent widower'' to 
conform to the definition in 5 U.S.C. 8101(11). The words ``section 8133 
of title 5'' are substituted for ``section 10'' to reflect the 
codification of that section in title 5, United States Code.


                               Amendments

    1990--Subsec. (b). Pub. L. 101-303 substituted ``age 55'' for ``age 
60''.
    1974--Subsec. (a). Pub. L. 93-416, Sec. 20, substituted provisions 
relating to use of the most current United States Life Tables, for 
provisions relating to determination by the American Experience Tables 
of Mortality.
    Subsec. (a)(1). Pub. L. 93-416, Sec. 19, substituted ``$50'' for 
``$5''.
    Subsec. (b). Pub. L. 93-416, Sec. 16(b), inserted ``before reaching 
age 60'' after ``On remarriage''.

                         Change of Name

    United States Department of Health, Education, and Welfare 
redesignated the United States Department of Health and Human Services 
by section 3508 of Title 20, Education.


                    Effective Date of 1974 Amendment

    Amendment by 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.


                 Personnel Not Affected by 1967 Increase

    Increases authorized under amendment by section 1(63) 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 8137, 8337, 8464a of this 
title; title 22 section 4048; title 50 section 2051.
