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5 U.S.C. § 8149 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8149. Regulations
The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under section 8124 of this title. The rules and regulations shall provide for an Employees’ Compensation Appeals Board of three individuals designated or appointed by the Secretary with authority to hear and, subject to applicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with respect to claims of employees. In adjudicating claims under section 8146 of this title, the Secretary may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death for which claim is made.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 90–83, § 1(71), Sept. 11, 1967, 81 Stat. 213.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 783 (less last 9 words).
Sept. 7, 1916, ch. 458, § 32 (less last 9 words), 39 Stat. 749.
[Uncodified].
1946 Reorg. Plan No. 2, § 3 (2d sentence), eff. July 16, 1946, 60 Stat. 1095.
[Uncodified].
1950 Reorg. Plan No. 19, § 2, eff. May 24, 1950, 64 Stat. 1272.
The words “administration and” are added for clarity.
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).
The first sentence of section 2 of 1950 Reorg. Plan No. 19 is omitted as executed. The word “employees” is coextensive with and substituted for “employees of the Federal Government or of the District of Columbia” in view of the definition of “employee” in section 8101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
text: 1967 Act
Section of title 5
Source (U.S. Code)
Source (Statutes at Large)
8149
5 App.: 783.
July 4, 1966, Pub. L. 89–488, §§ 11(a), 12, 80 Stat. 255.
In the first sentence, the words “section 8124 of this title” are substituted for “section 36” to reflect the codification of that section in title 5, United States Code.
In the second sentence, the word “adjudicating” is substituted for “in the adjudication of”. The words “section 8146 of this title” and “this subchapter” are substituted for “section 42 of this Act” and “this Act”, respectively, to reflect the codification of the Federal Employees’ Compensation Act in title 5, United States Code.
heading: Statutory Notes and Related Subsidiaries
heading: Personnel Not Affected by 1967 Increase
text: Increases authorized under amendment by section 1(71) 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.
5 U.S.C. § 8150 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8150. Effect on other statutes
(a) This subchapter does not affect the maritime rights and remedies of a master or member of the crew of a vessel.
(b) Section 8141 of this title and section 9491 of title 10 do not confer military or veteran status on any individual.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555; Pub. L. 115–232, div. A, title VIII, § 809(c)(4), Aug. 13, 2018, 132 Stat. 1841.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a)
5 U.S.C. 791–4(b).
Oct. 14, 1949, ch. 691, § 305(b), 63 Stat. 868.
(b)
5 U.S.C. 803a.
Aug. 3, 1956, ch. 926, § 1 “Sec. 4”, 70 Stat. 981.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “section 9491 of title 10” for “section 9441 of title 10”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
5 U.S.C. § 8151 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8151. Civil service retention rights
(a) In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.
(b) Under regulations issued by the Office of Personnel Management—
(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and
(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.
(Added Pub. L. 93–416, § 22, Sept. 7, 1974, 88 Stat. 1149; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
heading: Editorial Notes
heading: Amendments
text: 1978—Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
heading: Effective Date
text: Section 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 an Effective Date of 1974 Amendment note under section 8101 of this title.
5 U.S.C. § 8172 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8172. Employees not citizens or residents of the United States
In case of disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(2)), occurring to an employee of a nonappropriated fund instrumentality described by section 2105(c) of this title who is—
(1) not a citizen or permanent resident of the United States or a territory or possession of the United States; and
(2) employed outside the continental United States;
compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of Transportation, as the case may be.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–272, § 4(b)(3), July 5, 1994, 108 Stat. 1361; Pub. L. 103–337, div. A, title X, § 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, § 1505(b)(2), Feb. 10, 1996, 110 Stat. 514.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 150k–1(b).
July 18, 1958, Pub. L. 85–538, § 1 “Sec. 2(b)”, 72 Stat. 397.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–106 substituted “(33 U.S.C. 902(2))” for “(33 U.S.C. 2(2))” in introductory provisions.
1994—Pub. L. 103–337 substituted “section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))” for “section 902(2) of title 33” in introductory provisions.
Pub. L. 103–272 substituted “Secretary of Transportation” for “Secretary of the Treasury” in concluding provisions.
5 U.S.C. § 8173 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8173. Liability under this subchapter exclusive
The liability of the United States or of a nonappropriated fund instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(2)), of an employee referred to by sections 8171 and 8172 of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a Federal tort liability statute.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–337, div. A, title X, § 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, § 1505(b)(2), Feb. 10, 1996, 110 Stat. 514.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 150k–1(c).
July 18, 1958, Pub. L. 85–538, § 1 “Sec. 2(c)”, 72 Stat. 397.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–106 substituted “(33 U.S.C. 902(2))” for “(33 U.S.C. 2(2))”.
1994—Pub. L. 103–337 substituted “section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))” for “section 902(2) of title 33”.
5 U.S.C. § 8191 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8191. Determination of eligibility
The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as “eligible officers”) and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion—
(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person—
(A) for the commission of a crime against the United States, or
(B) who at that time was sought by a law enforcement authority of the United States for the commission of a crime against the United States, or
(C) who at that time was sought as a material witness in a criminal proceeding instituted by the United States; or
(2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a material witness in connection with such a crime; or
(3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States;
and to have been on that occasion not an employee as defined in section 8101(1), and to have sustained on that occasion a personal injury for which the United States would be required under subchapter I of this chapter to pay compensation if he had been on that occasion such an employee engaged in the performance of his duty. No person otherwise eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States.
(Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 98; amended Pub. L. 90–623, § 1(20), Oct. 22, 1968, 82 Stat. 1313.)
heading: Editorial Notes
heading: Amendments
text: 1968—Pub. L. 90–623 substituted “For the purposes of this subchapter” for “For the purposes of this Act”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.
heading: Effective Date
text: Section 2 of Pub. L. 90–291 provided that: “The amendments made by section 1 of this Act [enacting this section and sections 8192 and 8193 of this title] are effective only with respect to personal injuries sustained on or after the date of enactment of this Act [Apr. 19, 1968].”
5 U.S.C. § 8192 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8192. Benefits
(a) Benefits in Event of Injury.—
The Secretary of Labor shall furnish to any eligible officer the benefits to which he would have been entitled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had been an employee as defined in section 8101(1) engaged in the performance of his duty, reduced or adjusted as the Secretary of Labor in his discretion may deem appropriate to reflect comparable benefits, if any, received by the officer (or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that occasion. When an enforcement officer has contributed to a disability compensation fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of disability coverage for the individual officer.
(b) Benefits in Event of Death.—
The Secretary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the benefits to which that survivor would be entitled if the officer had been an employee as defined in section 8101(1) engaged in the performance of his duty on the occasion giving rise to his eligibility, and the comparable benefits, if any, received by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer’s actual employment on that occasion. When an enforcement officer has contributed to a survivor’s benefit fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of survivor’s benefits coverage for the individual officer.
(Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 99.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of Pub. L. 90–291, set out as a note under section 8191 of this title.
5 U.S.C. § 8193 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8193. Administration
(a) Definitions and Rules of Construction.—
For the purpose of this subchapter—
(1) The term “Attorney General” includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section.
(2) The term “Secretary of Labor” includes any person to whom the Secretary of Labor has delegated any function pursuant to subsection (b) of this section.
(b) Delegation.—
(1) The Attorney General may delegate to any division, officer, or employee of the Department of Justice any function conferred upon the Attorney General by this subchapter.
(2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Department of Labor any function conferred upon the Secretary of Labor by this subchapter.
(c) Applications.—
An application for any benefit under this subchapter may be made only—
(1) to the Secretary of Labor
(2) by
(A) any eligible officer or survivor of an eligible officer,
(B) any guardian, personal representative, or other person legally authorized to act on behalf of an eligible officer, his estate, or any of his survivors, or
(C) any association of law enforcement officers which is acting on behalf of an eligible officer or any of his survivors;
(3) within five years after the injury or death; and
(4) in such form as the Secretary of Labor may require.
(d) Consultation With Attorney General and Other Agencies.—
The Secretary of Labor may refer any application received by him pursuant to this subchapter to the Attorney General for his assistance, comments and advice as to any determination required to be made pursuant to paragraph (1), (2), or (3) of section 8191. To insure that all Federal assistance under this subchapter is carried out in a coordinated manner, the Secretary of Labor is authorized to request any Federal department or agency to supply any statistics, data, or any other materials he deems necessary to carry out his functions under this subchapter. Each such department or agency is authorized to cooperate with the Secretary of Labor and, to the extent permitted by law, to furnish such materials to him.
(e) Cooperation With State Agencies.—
The Secretary of Labor shall cooperate fully with the appropriate State and local officials, and shall take all other practicable measures, to assure that the benefits of this subchapter are made available to eligible officers and their survivors with a minimum of delay and difficulty.
(f) Appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 99; amended Pub. L. 94–183, § 2(31), Dec. 31, 1975, 89 Stat. 1058.)
heading: Editorial Notes
heading: Amendments
text: 1975—Subsec. (f). Pub. L. 94–183 redesignated subsec. (e), relating to appropriations, as subsec. (f).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of Pub. L. 90–291, set out as a note under section 8191 of this title.
5 U.S.C. § 8316 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8316. Refund of contributions and deposits
(a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312 of this title, to the extent provided by that section, or violated section 8314 or 8315 of this title—
(1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and
(2) deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits;
shall be refunded, on appropriate application therefor—
(A) to the individual;
(B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or
(C) if a beneficiary is not designated, in the order of precedence prescribed by section 8342(c) of this title or section 2771 of title 10, as the case may be.
(b) A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—
(1) if the individual was convicted of an offense named by section 8312(b) of this title, or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after September 1, 1954, whichever is later; or
(2) if the individual was convicted of an offense named by section 8312(c) of this title, or violated section 8315(a)(2) of this title, for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 2284(a), (b).
Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 4(a), (b)”, 75 Stat. 644.
5 U.S.C. 2284a(b).
Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 5(b)”, 75 Stat. 645.
This section is reorganized for clarity and conciseness.
The words “and section 3282 of Title 18” in former section 2284(a) are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Editorial Notes
heading: References in Text
text: Section 5 of the Uniform Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Title 10, Armed Forces.
5 U.S.C. § 8317 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8317. Repayment of annuity or retired pay properly paid; waiver
(a) An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest.
(b) An individual, including an eligible beneficiary under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), to whom payment of retired pay is denied under this subchapter is not thereafter required to repay retired pay otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a)
5 U.S.C. 2284(c), (d).
Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 4(c), (d)”, 75 Stat. 644.
(b)
5 U.S.C. 2284a(a).
Sept. 26, 1961, Pub. L. 87–299, § 1 “Sec. 5(a)”, 75 Stat. 645.
The words “and section 3282 of Title 18” are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Editorial Notes
heading: References in Text
text: Section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Table 10, Armed Forces.