
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: 5USC8146a]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8146a. Cost-of-living adjustment of compensation

    (a) Compensation payable on account of disability or death which 
occurred more than one year before March 1 of each year shall be 
annually increased on that date by the amount determined by the 
Secretary of Labor to represent the percent change in the price index 
published for December of the preceding year over the price index 
published for the December of the year prior to the preceding year, 
adjusted to the nearest one-tenth of 1 percent.
    (b) The regular periodic compensation payments after adjustment 
under this section shall be fixed at the nearest dollar. However, the 
regular periodic compensation after adjustment shall reflect an increase 
of at least $1.
    (c) This section shall be applicable to persons excluded by section 
15 of the Federal Employees' Compensation Act Amendments of 1966 (Public 
Law 89-488) under the following statutes: Act of February 15, 1934 (48 
Stat. 351); Act of June 26, 1936 (49 Stat. 2035); Act of April 8, 1935 
(49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); Public Law 84-955 
(August 3, 1956); Public Law 77-784 (December 2, 1942); Public Law 84-
879 (August 1, 1956); Public Law 80-896 (July 3, 1948); Act of September 
8, 1959 (73 Stat. 469). Benefit payments to these persons shall 
initially be increased by the total percentage of the increases in the 
price index from the base month of July 1966, to the next most recent 
base month following the effective date of this subsection.

(Added Pub. L. 90-83, Sec. 1(67)(A), Sept. 11, 1967, 81 Stat. 212; 
amended Pub. L. 93-416, Secs. 21, 24, Sept. 7, 1974, 88 Stat. 1149, 
1150; Pub. L. 96-499, title IV, Sec. 421(a), Dec. 5, 1980, 94 Stat. 
2608.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8146a(a)...........  5 App.: 793a(a).              July 4, 1966, Pub. L.
8146a(b)...........  5 App.: 793a(b).               89-488, Sec.  14
                                                    ``Sec. 43(a), (b)'',
                                                    80 Stat. 256.
------------------------------------------------------------------------

    In subsection (a), the words ``After the month during which this 
section becomes effective,'' following ``Each month,'' are omitted as 
executed and unnecessary. The words ``Secretary of Labor'' are 
substituted for ``Secretary'' on authority of section 40(i) of the 
Federal Employees' Compensation Act. In the second sentence, the words 
``latest base month'' are substituted for ``most recent base month.''
    So much of section 14 of Public Law 89-488 as redesignated section 
43 of the Federal Employees' Compensation Act as section 44 is omitted 
as unnecessary in view of the codification of that act in title 5, 
United States Code.

                       References in Text

    ``Persons excluded by section 15 of the Federal Employees' 
Compensation Act Amendments of 1966'', referred to in subsec. (c), means 
persons excluded by section 15 of Pub. L. 89-488, July 4, 1966, 80 Stat. 
256, which was set out as a note under section 756 of former Title 5, 
Executive Departments and Government Officers and Employees, prior to 
the 1966 revision of Title 5 by Pub. L. 89-554. Such section 15 of the 
Federal Employees' Compensation Act Amendments of 1966 directed that 
benefit increases mandated by the Federal Employees' Compensation Act 
Amendments of 1966 not apply to employees unless such employees fell 
within the definition of ``employees'' in section 40(b) (1) or (2) of 
the Federal Employees' Compensation Act [section 790(b)(1) or (2) of 
former Title 5]. As a result section 15 of the Federal Employees' 
Compensation Act Amendments of 1966 served to prohibit increases to 
persons to whom the benefits of the Federal Employees' Compensation Act 
had been extended over the years by Acts described in subsec. (c) as 
follows:
    Act of February 15, 1934 (48 Stat. 351) which extended coverage to 
employees of the Federal Civil Works Administration and was classified 
to section 796 of former Title 5.
    Act of June 26, 1936 (49 Stat. 2035) probably means Act of June 29, 
1936 which extended coverage to certain W.W. I veterans and was set out 
as a note under section 134 of former Title 38, Pensions, Bonuses, and 
Veterans' Relief.
    Act of April 8, 1935 (49 Stat. 115) which extended coverage to 
certain emergency relief personnel, is act April 8, 1935, ch. 48, 49 
Stat. 115, which was enacted as legislation supplementary to the Federal 
Emergency Relief Act of 1933, was classified to sections 721 and 728 of 
Title 15, Commerce and Trade, and was omitted from the Code as 
temporary.
    Act of July 25, 1942 (56 Stat. 710) which extended coverage to 
certain personnel of the War Relocation Authority, was set out as a note 
under section 796 of former Title 5, Executive Departments and 
Government Officers and Employees.
    Public Law 84-955 (Aug. 3, 1956) which extended coverage to certain 
Civil Air Patrol personnel was set out as a note under section 760 of 
former Title 5.
    Public Law 77-784 (December 2, 1942), which extended coverage to war 
risk hazards of certain employees of federal contractors, is act Dec. 2, 
1942, ch. 668, 56 Stat. 1028, as amended, titles I and II of which are 
popularly known as the War Hazards Compensation Act, and is classified 
principally to chapter 12 (Sec. 1701 et seq.) of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Tables.
    Public Law 84-879 (August 1, 1956), which extended coverage to 
certain members of the Reserve Officers Training Corps of the Army, 
Navy, and Air Force, was classified to section 802 of former Title 5, 
Executive Departments and Government Officers and Employees.
    Public Law 80-896 (July 3, 1948), which extended coverage to certain 
persons entitled to war claims, is act July 3, 1948, ch. 826, 62 Stat. 
1240, as amended, popularly known as the War Claims Act of 1948, which 
is classified generally to section 2001 et seq. of Title 50, Appendix, 
War and National Defense. For complete classification of this Act to the 
Code, see Short Title note set out under section 2001 of Title 50, 
Appendix, and Tables.
    Act of September 8, 1959 (73 Stat. 469) which transferred from the 
Department of Commerce to the Department of Labor certain functions in 
respect to insurance benefits and disability payments to seamen for W.W. 
II service-connected injuries, death, or disability, was not classified 
to the Code.


                               Amendments

    1980--Subsec. (a). Pub. L. 96-499 substituted ``Compensation'' for 
``Each month the Secretary of Labor shall determine the percent change 
in the price index. Effective the first day of the month which begins 
after the price index change equals a rise of at least 3 percent for 3 
consecutive months over the price index for the latest base month, 
compensation'', ``March 1 of each year shall be annually increased'' for 
``that first day shall be increased'' and ``amount determined by the 
Secretary of Labor to represent the percent change in the price index 
published for December of the preceding year over the price index 
published for the December of the year prior to the preceding year,'' 
for ``percent rise in the price index (calculated on the highest level 
of the price index during the 3 consecutive months)''.
    1974--Subsec. (a). Pub. L. 93-416, Sec. 21, substituted ``Effective 
the first day of the month'' for ``Effective the first day of the third 
month''.
    Subsec. (b). Pub. L. 93-416, Sec. 21, substituted ``regular periodic 
compensation payments'' for ``monthly compensation''.
    Subsec. (c). Pub. L. 93-416, Sec. 24, added subsec. (c).


                    Effective Date of 1980 Amendment

    For effective date of amendment by Pub. L. 96-499, see section 422 
of Pub. L. 96-499, set out as a note under section 8101 of this title.


                    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 the 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 Cost-of-Living Adjustment

    Increases authorized by this section not applicable to employees and 
individuals not within the definition of ``employee'' in section 
8101(1)(A), (B), or (D) of this title, members of the Metropolitan 
Police or the Fire Department of the District of Columbia who are 
pensioned or pensionable under sections 521 to 535 of title 4, District 
of Columbia Code, or members of a uniformed service, 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 8133 of this title; title 22 
section 3715a.
