An Act to amend the Federal Employees Compensation Act to make benefits more realistic in terms of present wage rates, and for other purposes
PL 86-767 (H.R.12383), enacted 09/13/1960

906 
September 13, 1960 
[H. R. 12383] 
Federal Employ-
ees' Compensation 
A c t 
Amen dment s 
of 1960. 
63 Stat. 858. 
5 u s e 756. 
5 u s e 760. 
5 u s e 761. 
39 Stat. 742. 
5 u s e 75 1 note. 
5 u s e 790. 
PUBLIC LAW 86-767-SEPT. 13, 1960 
[74 S T A T . 
Public Law 86-767 
AN ACT 
To amend the Federal Employees' Compensation Act to make benelits more 
realistic in terms of present wage rates, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Federal Employees' Compensation Act Amendments 
of 1960". 
TITLE I—SUBSTANTIVE AMENDMENTS 
Increase in Minimum Compensation for Total Disability, Attendants, 
Allowance, Maintenance While Undergoing Vocational Rehabili-
tation 
SEC. 101. Section 6 of the Federal Employees' Compensation Act 
is amended by striking out "$75" in paragraph (1) of subsection (b) 
and inserting in lieu thereof "$125"; by striking out "$50" in para-
graph (2) of subsection (b) and inserting in lieu thereof "$100"; 
by striking out "$112.50" in subsection (c) and inserting in lieu 
thereof "$180". 
Increase in Death Benefits 
SEC. 102. Section 10(K) of the Federal Employees' Compensation 
Act is amended by striking out "$150" and inserting in lieu thereof 
"$240". 
Increase in Burial Payments 
SEC. 103. Section 11 of the Federal Employees' Compensation Act 
is amended by striking out "$400" and inserting in lieu thereof "$800". 
Increase of Compensation Base Where Injury Occurred Before 
January 1, 1958 
SEC. 104. Notwithstanding any other provision of this Act or the 
Federal Employees' Compensation Act, the monthly pay upon the 
basis of which compensation for disability or death is computed under 
(he Federal Employees' Compensation Act shall be increased as fol-
lows: If such employee's injury (or injury causing death) occurred 
before January 1, 1958, but after December 31, 1950, such eligible em-
ployee's "monthly pay" shall be increased by 10 percent; if such em-
ployee's injury (or injury causing death) occurred before January 1, 
1951, but after December 31, 1945, such eligible employee's "monthly 
pay" shall be increased by 20 percent; if such employee's injury (or 
injury causing death) occurred before January 1, 1946, such eligible 
employee's "monthly pay" shall be increased by 30 percent: Provided^ 
That nothing in this or any other Act of Congress shall be construed 
to make the increase in the monthly pay provided by this section ap-
plicable to military personnel, or to any person or employee not within 
the definition of section 40(b) (1) or (2) of the Federal Employees' 
Compensation Act: Provided further^ That this section shall not be 
construed to permit the amount of compensation on account of an 
employee's disability or death to be increased more than 10 percent 
if such injury (or injury causing death) occurred before January 1, 
1958, but after December 31, 1950, nor more than 20 percent if such 
injury (or injury causing death) occurred before January 1, 1951, 
but after December 31, 1945, nor more than 30 percent if such injury 
(or injury causing death) occurred prior to January 1,1946. 
74 S T A T . ] 
PUBLIC LAW 86-767-SEPT. 13, 1960 
907 
5 use 755. 
5 use 757. 
Re stri ction on 
other payments. 
Liberalization of Minimum and Maximum Compensation for 
Emergency Belief Workers 
SEC. 105. The second proviso of the first section of the Act ap-
proved February 15,1934 (5 U.S.C. 796) is amended by striking out staf. let 
^^^'' " 
"$100" in clause (a) and inserting in lieu thereof "$150"; and by strik-
ing out "$75" in clause (b) and inserting in lieu thereof "$150". 
TITLE II—TECHNICAL AMENDMENTS 
Clarification of Scheduled Awards 
SEC. 201. The first sentence of section 5(a) of the Federal Em-
ployees' Compensation Act is amended by inserting after "body," 
the following: "regardless of whether the causfe of such disability 
originates in a part of the body other than such member,". 
Eligibility For or Receipt of Benefits Earned Under Civil Service 
Retirement Act Not To Preclude Payment of Compensation for 
Scheduled Losses, Election by Claimants Eligible to Receive Vet-
erans' Benefits for Same Disability or Death 
SEC. 202. Section 7(a) of the Federal Employees' Compensation 
Act is amended to read as follows: 
"SEC. 7. (a) That as long as the employee is in receipt of com-
pensation under this Act, or, if he has been paid a lump sum in com-
mutation of installment payments, until the expiration of the period 
during which such installment payments would have continued, he 
shall not receive from the United States any salary, pay, or remunera-
tion whatsoever except in return for services actually performed, and 
except pensions for service in the Army or Navy of the United States: 
Provided, That eligibility for or receipt of benefits under the Civil 
Service Retirement Act shall in no way impair the employee's ri^ht 
to receive compensation for scheduled disabilities specified in section 
5(a) of this Act: Provided further, That whenever any person is en-
titled to receive any benefits under this Act by reason of his injury, or 
by reason of the death of an employee, as defined in section 40, and 
is also entitled to receive from the United States any payments or 
benefits (other than the proceeds of any insurance policy), by rea-
son of such injury or death under any other Act of Congress, because 
of service by him (or in the case of death, by the deceased) as an em-
ployee, as so defined, or because of service by him (or in the case 
of death, by the deceased) in the Armed Forces of the United States, 
such person shall elect which benefits he shall receive. Such election 
shall be made within one year after the injury or death, or such fur-
ther time as the Administrator may for good cause allow, and when 
made shall be irrevocable unless otherwise provided by law." 
Medical Care to Claimants Receiving Civil Service Annuity 
SEC. 203. The first sentence of section 9(a) of the Federal Em-
ployees' Compensation Act is amended by inserting after "arisen," 
the following: "and notwithstanding that the employee has accepted 
or is entitled to receive benefits under the Civil Service Retirement 
Act,". 
Election of bene-
fits. 
5 use 755. 
5 use 790. 
5 use 759. 
908 
PUBLIC LAW 86-767-SEPT. 13, 1960 
[74 STAT. 
Considerations in Computation of Wage-Earning Capacity 
5 use 763. 
gj,g_ 204. Section 13(b) of the Federal Employees' Compensation 
Act is amended by striking out all that follows "his usual employ-
ment," and inserting in lieu of such matter stricken out the following: 
''his age, his qualifications for other employment, the availability of 
suitable employment, and any other factors or circumstances in the 
case which may affect his capacity to earn wages in his disabled 
condition." 
Notice of Injury and Claim for Compensation in Cases of Latent 
Disability 
5 use 770. 
SEC. 205. Section 20 of the Federal Employees' Compensation Act 
is amended by inserting immediately after the first sentence thereof 
the following: "In cases of latent disability due to radiation or other 
causes, the tune for filing claim shall not begin to run until the em-
ployee has a compensable disability and is aware, or by the exercise 
of reasonable diligence should have been aware of the causal relation-
ship of the compensable disability to his employment: Provided, That 
the time for giving notice of injury in such cases shall begin to run 
as soon as the employee is aware, or in the exercise of reasonable 
diligence should have been aware, that his condition is causally related 
to his employment, regardless of whether or not there is a compen-
sable disability." 
Report of Injuries 
5 use 774. 
SEC. 206. Section 24 of the Federal Employees' Compensation Act 
is amended bv inserting " ( a ) " after "SEC. 24." and by adding at the 
end thereof the following: 
"(b) Whoever, being an officer or employee of the United States 
charged with the responsibility for making the reports specified in 
subsection (a), willfully fails, neglects, or refuses to make any such 
report or knowingly files a false report, or induces, compels, or directs 
an injured employee to forego filing of any claim for compensation or 
other benefits provided under this Act or any extension or application 
thereof, or willfully retains any notice, report, claim, or paper which 
is required to be filed under this Act or any extension or application 
thereof, or regulations promulgated thereunder shall be guilty of a 
misdemeanor and upon conviction thereof shall be fined not more than 
$500 or imprisoned not more than one year, or both." 
Government Employees Required To Appear as Parties or Witnesses 
in the Prosecution of Third-Party Claims 
SEC. 207. The first paragraph of section 26 of the Federal Em-
5 use 776. 
ployees' Compensation Act is amended by adding at the end thereof 
the following: "Any employee who is required to appear as a party or 
witness in the prosecution of said action is, while so engaged, in an 
active duty status." 
Additional Method for Computing Compensation in Certain Cases 
SEC. 208. Section 40(f) of the Federal Employees' Compensation 
5 use 790. 
^^ct is amended to read as follows: 
"(f) The term 'monthly pay' shall be taken to refer to the monthly 
pay at the time of the injury, or the monthly pay at the time disability 
begins, or the monthly pay at the time compensable disability recurs, 
74 S T A T . ] 
PUBLIC LAW 86-767-SEPT. 13, 1960 
909 
if such recurrence begins more than six months after the injured em-
ployee resumes regular full-time employment with the United States, 
whichever is greater, except when otherwise determined under section 
6 (d) with respect to any period." 
5 u s e 756. 
5 use 785. 
Reimbursement of Compensation Costs by Federal Agencies 
SEC. 209. Section 35 of the Federal Employees' Compensation Act 
is amended to read as follows: 
"Employees' Compensation Fund 
"SEC. 35. (a) There is established in the Treasury a separate fund 
to be known as the Employees' Compensation Fund which shall 
consist of such sums as Congress may from time to time appropriate 
therefor or transfer thereto and amounts otherwise accruing thereto 
under this or any other Act of Congress. Such fund including all 
additions that may be made to it shall be available without time 
limit for the payment of the compensation and other benefits and 
expenses (except administrative expenses) authorized by this Act or 
any extension or application thereof except as may be provided by 
this or other Acts. The Secretary of Labor shall submit annually 
to the Bureau of the Budget estimates of appropriations necessary 
for the maintenance of the Employees' Compensation Fund. 
"(b) The Secretary of Labor shall, prior to August 15 of each co!uV^"*"* ''^ 
year, furnish to each executive department and each agency or in-
strumentality of the United States or other establishment, having 
employees who are or may be entitled to compensation benefits under 
this Act or any extension or application thereof (hereinafter called 
'agency'), a statement showing the total cost of benefits and other 
payments made from the Employees' Compensation Fund during the 
preceding fiscal year on account of the injury or death of employees 
or persons under the jurisdiction of such agency occurring after 
December 1, 1960. Each agency shall include in its annual oijidget mJ^^sf^*'* ' ^ " " 
estimates for the next fiscal year a request for an appropriation in 
an amount equal to such costs. Sums appropriated pursuant to such 
request shall, within thirty days after they become available, be 
dej)osited in the Treasury to the credit of the Employees' Compen-
sation Fund. In the case of any corporation or other agency which 
is not dependent upon an annual appropriation, the deposit to the 
credit of the Employees' Compensation Fund required by this sub-
section shall be made by such agency from funds under its control. 
If any agency or part thereof or any of its functions is transferred 
to another agency, the cost of compensation benefits and other ex-
penses paid from the Employees' Compensation Fund on account of 
the injury or death of employees of the transferred agency or function 
shall be included in costs of the receiving agency. 
"(c) In addition to the contributions for the maintenance of the po?ations?*"*''°'"' 
Employees' Compensation Fund required by this section, any mixed 
eontributions. 
ownership corporation as defined in section 201 of the Government 
Corporation Control Act (31 U.S.C. 856), or any corporation or 
^9 stat. eoo. 
agency (or activity thereof) which is required by law to submit an 
annual budget pursuant to, or as provided by, the Government Corpo-
ration Control Act (31 U S.C. 841-869), shall pay an additional 
amount for its fair share of the cost of administration of this Act as 
determined by the Secretary of Labor. With respect to said agencies, 
the charges billed by the Secretary of Labor pursuant to this section 
shall include an additional amount for such costs, which shall be paid 
into the Treasury as miscellaneous receipts from the sources au-
thorized, and in the manner otherwise provided in this section." 
910 
PUBLIC LAW 86-768-SEPT. 13, 1960 
[74 ST A T , 
5 u s e 793. 
Effective Date 
SEC. 210. Section 42 of the Federal Employees' Compensation Act 
is amended by striking out the last sentence of the fourth paragraph 
thereof. 
SEC. 211. (a) Except as otherwise provided by this section or in 
this Act, titles I and I I of this Act shall take effect on the date of 
enactment of this Act and be applicable to any injury or death oc-
curring after such date. 
(b) The amendments made by sections 101, 102, 201, 208, 204, 208, 
and 210 of this Act to sections 5(a), 6(b) (1), 6(b) (2), 6(c), 9(a), 
10(k), 13(b), 40(f), and 42 of the Federal Employees' Compensation 
Act shall be applicable to cases of injury or death occurring before 
the date of enactment of this Act only with respect to any period 
beginning on or after the first day of the first calendar month fol-
lowing the date of enactment of this Act. 
(c) The amendments made by sections 104 and 105 of this Act 
shall be applicable to cases of injury or death occurring before enact-
ment of this Act only with respect to any period beginning on or 
after the first day of the first calendar month following the date 
of enactment of this Act. 
(d) The amendment made by section 202 of this Act to section 
7(a) of the Federal Emplovees' Compensation Act permitting the 
payment of compensation for scheduled permanent disabilities in 
addition to benefits under the Civil Service Retirement Act shall be 
applicable to any injury which occurred within three years prior 
to the date of enactment of this Act as well as to any injury occurring 
on or after the date of enactment of this Act. 
(e) The amendment made by section 202 of this Act to section 
7(a) of the Federal Employees' Compensation Act requiring an elec-
tion of benefits in any case in which a claimant for compensation 
is also eligible to receive certain payments or benefits from the United 
States for the same disabilitv or death shall be applicable to any 
injury or death occurring before, on, or after the date of enactment 
of this Act but shall not deprive any person of any benefits awarded 
prior to the date of enactment of this Act. 
Approved September 13, 1960. 
September 13, I960 
[H. R. 8424] 
Public Law 86-768 
AN ACT 
To amend section .505 of the Classification Act of 1949 with respect to positions 
in the Library of CJongress. 
Library of Con-
gress. 
Positions. 
Be it enacted hy the Senate and House of Kepr'esentatives of the 
United States of America in Congress assembled^ That section 505(i) 
of the Classification Act of 1949, as amended (72 Stat. 213; 5 U.S.C. 
1105 (i)), is amended— 
(1) by striking out the word "and" immediately following the 
semicolon in paragraph (2) thereof; 
(2) by striking out the period at the end of paragraph (3) 
thereof and inserting in lieu of such period a semicolon and the 
word "and"; and 
(3) by adding at the end of such section 505 (i) the following 
new paragraph: 
"(4) to which appointments are made by the Librarian of 
Congress.". 
Approved September 13, I960.,