
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: 5USC8141]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8141. Civil Air Patrol volunteers

    (a) Subject to the provisions of this section, this subchapter 
applies to a volunteer civilian member of the Civil Air Patrol, except a 
Civil Air Patrol Cadet under 18 years of age.
    (b) In administering this subchapter for a member of the Civil Air 
Patrol covered by this section--
        (1) the monthly pay of a member is deemed the rate of basic pay 
    payable for step 1 of grade GS-9 in the General Schedule under 
    section 5332 of this title for the purpose of computing compensation 
    for disability or death;
        (2) the percentages applicable to payments under section 8133 of 
    this title are--
            (A) 45 percent for section 8133(a)(2) of this title, if the 
        member dies fully or currently insured under subchapter II of 
        chapter 7 of title 42, with no additional payments for a child 
        or children while the widow or widower remains eligible for 
        payments under section 8133(a)(2) of this title;
            (B) 20 percent for section 8133(a)(3) of this title for one 
        child and 10 percent additional for each additional child, but 
        not to exceed a total of 75 percent, if the member died fully or 
        currently insured under subchapter II of chapter 7 of title 42; 
        and
            (C) 25 percent for section 8133(a)(4) of this title, if one 
        parent was wholly dependent on the deceased member at the time 
        of his death and the other was not dependent to any extent; 16 
        percent to each, if both were wholly dependent; and if one was 
        or both were partly dependent, a proportionate amount in the 
        discretion of the Secretary of Labor;

        (3) a payment may not be made under section 8133(a)(5) of this 
    title;
        (4) ``performance of duty'' means only active service, and 
    travel to and from that service, rendered in performance or support 
    of operational missions of the Civil Air Patrol under direction of 
    the Department of the Air Force and under written authorization by 
    competent authority covering a specific assignment and prescribing a 
    time limit for the assignment; and
        (5) the Secretary of Labor or his designee shall inform the 
    Commissioner of Social Security when a claim is filed and 
    eligibility for compensation is established under section 8133(a)(2) 
    or (3) of this title, and the Commissioner of Social Security shall 
    certify to the Secretary of Labor as to whether or not the member 
    concerned was fully or currently insured under subchapter II of 
    chapter 7 of title 42 at the time of his death.

    (c) The Secretary of Labor or his designee may inform the Secretary 
of the Air Force or his designee when a claim is filed. The Secretary of 
the Air Force, on request of the Secretary of Labor, shall advise him of 
the facts concerning the injury and whether or not the member was 
rendering service, or engaged in travel to or from service, in 
performance or support of an operational mission of the Civil Air Patrol 
at the time of injury. This subsection does not dispense with the report 
of the immediate superior of the member required by section 8120 of this 
title, or other reports agreed on under that section.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 551; Pub. L. 98-94, title XII, 
Sec. 1258(a), Sept. 24, 1983, 97 Stat. 702; Pub. L. 103-296, title I, 
Sec. 108(e)(4), Aug. 15, 1994, 108 Stat. 1486.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 803 (less (d)).      Aug. 3, 1956, ch.
                                                    926, Sec.  1 ``Sec.
                                                    3 (less (d))'', 70
                                                    Stat. 980.
------------------------------------------------------------------------

    Subsection (d) of former section 803, providing for retroactive 
applicability, is omitted as executed (see Table II).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Subchapter II of chapter 7 of title 42, referred to in text, is 
section 401 et seq. of Title 42, The Public Health and Welfare.


                               Amendments

    1994--Subsec. (b)(5). Pub. L. 103-296 substituted ``Commissioner of 
Social Security'' for ``Secretary of Health, Education, and Welfare'' in 
two places.
    1983--Subsec. (a). Pub. L. 98-94, Sec. 1258(a)(1), inserted ``under 
18 years of age'' after ``Civil Air Patrol Cadet''.
    Subsec. (b)(1). Pub. L. 98-94, Sec. 1258(a)(2), substituted ``the 
rate of basic pay payable for step 1 of grade GS-9 in the General 
Schedule under section 5332 of this title'' for ``$300''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title 
42, The Public Health and Welfare.


                    Effective Date of 1983 Amendment

    Section 1258(b) of Pub. L. 98-94 provided that:
    ``(1) The amendments made by subsection (a) [amending this section] 
shall take effect on the date of the enactment of this Act [Sept. 24, 
1983].
    ``(2) The amendment made by subsection (a)(1) [amending this 
section] shall apply only to deaths or injuries occurring on or after 
the date of the enactment of this Act [Sept. 24, 1983].
    ``(3) The amendment made by subsection (a)(2) [amending this 
section] shall apply only to the computation of compensation payable for 
periods commencing on or after the date of the enactment of this Act 
[Sept. 24, 1983].''

                  Section Referred to in Other Sections

    This section is referred to in section 8150 of this title.
