Federal Employees' Compensation Act

Sec. 8133. Compensation in case of death

(a) If death results from an injury sustained in the performance of

duty, the United States shall pay a monthly compensation equal to a

percentage of the monthly pay of the deceased employee in accordance

with the following schedule:

(1) To the widow or widower, if there is no child, 50 percent.

(2) To the widow or widower, if there is a child, 45 percent and

in addition 15 percent for each child not to exceed a total of 75

percent for the widow or widower and children.

(3) To the children, if there is no widow or widower, 40 percent

for one child and 15 percent additional for each additional child

not to exceed a total of 75 percent, divided among the children

share and share alike.

(4) To the parents, if there is no widow, widower, or child, as

follows--

(A) 25 percent if one parent was wholly dependent on the

employee at the time of death and the other was not dependent to

any extent;

(B) 20 percent to each if both were wholly dependent; or

(C) a proportionate amount in the discretion of the

Secretary of Labor if one or both were partly dependent.

If there is a widow, widower, or child, so much of the percentages

are payable as, when added to the total percentages payable to the

widow, widower, and children, will not exceed a total of 75 percent.

(5) To the brothers, sisters, grandparents, and grandchildren,

if there is no widow, widower, child, or dependent parent, as

follows--

(A) 20 percent if one was wholly dependent on the employee

at the time of death;

(B) 30 percent if more than one was wholly dependent,

divided among the dependents share and share alike; or

(C) 10 percent if no one is wholly dependent but one or more

is partly dependent, divided among the dependents share and

share alike.

If there is a widow, widower, child, or dependent parent, so much of

the percentages are payable as, when added to the total percentages

payable to the widow, widower, children, and dependent parents, will

not exceed a total of 75 percent.

(b) The compensation payable under subsection (a) of this section is

paid from the time of death until--

(1) a widow, or widower dies or remarries before reaching age

55;

(2) a child, a brother, a sister, or a grandchild dies, marries,

or becomes 18 years of age, or if over age 18 and incapable of self-

support becomes capable of self-support; or

(3) a parent or grandparent dies, marries, or ceases to be

dependent.

Notwithstanding paragraph (2) of this subsection, compensation payable

to or for a child, a brother or sister, or grandchild that would

otherwise end because the child, brother or sister, or grandchild has

reached 18 years of age shall continue if he is a student as defined by

section 8101 of this title at the time he reaches 18 years of age for so

long as he continues to be such a student or until he marries. A widow

or widower who has entitlements to benefits under this title derived

from more than one husband or wife shall elect one entitlement to be

utilized.

(c) On the cessation of compensation under this section to or on

account of an individual, the compensation of the remaining individuals

entitled to compensation for the unexpired part of the period during

which their compensation is payable, is that which they would have

received if they had been the only individuals entitled to compensation

at the time of the death of the employee.

(d) When there are two or more classes of individuals entitled to

compensation under this section and the apportionment of compensation

under this section would result in injustice, the Secretary may modify

the apportionment to meet the requirements of the case.

(e) In computing compensation under this section, the monthly pay is

deemed not less than the minimum rate of basic pay for GS-2. However,

the total monthly compensation may not exceed--

(1) the monthly pay computed under section 8114 of this title,

except for increases authorized by section 8146a of this title; or

(2) 75 percent of the monthly pay of the maximum rate of basic

pay for GS-15.

(f) Notwithstanding any funeral and burial expenses paid under

section 8134, there shall be paid a sum of $200 to the personal

representative of a deceased employee within the meaning of section

8101(1) of this title for reimbursement of the costs of termination of

the decedent's status as an employee of the United States.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90-83, Sec. 1(62),

Sept. 11, 1967, 81 Stat. 211; Pub. L. 93-416, Secs. 16(a), 17, 18, Sept.

7, 1974, 88 Stat. 1147, 1149; Pub. L. 101-303, Sec. 3(1), May 29, 1990,

104 Stat. 251.)

Historical and Revision Notes

1966 Act

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Revised Statutes and

Derivation U.S. Code Statutes at Large

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5 U.S.C. 760 (less last 23 Sept. 7, 1916, ch.

words of 1st sentence in 458, Sec. 10 (less

(B); and less (H) and (L)). last 15 words of 1st

sentence in (B); and

less (H) and (L)),

39 Stat. 744.

Feb. 12, 1927, ch.

110, Sec. 3, 44

Stat. 1087.

............................ July 28, 1945, ch.

328, Secs. 2 (less

last 24 words), 3,

59 Stat. 503.

............................ Oct. 14, 1949, ch.

691, Sec. 106 (less

last 23 words of 1st

sentence in ``(B)''

of (c); and less

(e)), 63 Stat. 859.

............................ Sept. 13, 1960, Pub.

L. 86-767, Sec.

102, 74 Stat. 906.

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In subsection (a), the words ``an injury sustained in the

performance of duty'' are substituted for ``the injury'' to clearly

identify the type of injury to which the section refers.

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

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Source (Statutes at

Section of title 5 Source (U.S. Code) Large)

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8133(b)............ 5 App.: 760(G) (last July 4, 1966, Pub. L.

sentence). 89-488, Sec. 7(a),

80 Stat. 253.

8133(e)............ 5 App.: 760(K). July 4, 1966, Pub. L.

89-488, Sec. 3(c),

80 Stat. 252.

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In subsection (b), the words ``Notwithstanding paragraph (3) of this

subsection'' are substituted for ``Notwithstanding any other provision

of this section'' for clarity. The words ``section 8101 of this title''

are substituted for ``section 10(M) of this Act'' to reflect the

codification of that section in title 5.

In subsection (e), the words ``is deemed'' are substituted for

``shall be considered to be''. The words ``minimum rate of basic pay for

GS-2'' and ``maximum rate of basic pay for GS-15'' are substituted for

``lowest rate of basic compensation provided for grade 2 by the General

Schedule of the Classification Act of 1949'' and ``highest rate of basic

compensation provided for grade 15 of the General Schedule of the

Classification Act of 1949,'' respectively, for consistency of style and

to reflect the codification of the Classification Act of 1949 in title

5. The words ``under section 8114 of this title'' are substituted for

``as provided in section 12'' to reflect the codification of that

section in title 5.

Amendments

1990--Subsec. (b)(1). Pub. L. 101-303 substituted ``age 55'' for

``age 60''.

1974--Subsec. (a)(1). Pub. L. 93-416, Sec. 16(a), substituted ``50''

for ``45''.

Subsec. (a)(2). Pub. L. 93-416, Sec. 16(a), substituted ``45'' for

``40''.

Subsec. (a)(3). Pub. L. 93-416, Sec. 16(a), substituted ``40'' for

``35''.

Subsec. (b). Pub. L. 93-416, Sec. 16(a), inserted ``before reaching

age 60'' after ``remarries'' in par. (1), struck out par. (2) referring

to widower who dies, remarries or becomes capable of self-support,

redesignated pars. (3) and (4) as (2) and (3), respectively, changed the

reference in closing paragraph from paragraph (3) of this subsection to

paragraph (2) of this subsection, and inserted provision for election by

widower or widow of benefits derived from more than one husband or wife.

Subsec. (e)(1). Pub. L. 93-416, Sec. 17, inserted ``, except for

increases authorized by section 8146a of this title'' before ``; or''.

Subsec. (f). Pub. L. 93-416, Sec. 18, added subsec. (f).

Effective Date of 1974 Amendment

Amendment by sections 16(a) and 17 of 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.

Amendment by section 18 of Pub. L. 93-416 effective on Sept. 7,

1974, and applicable to any injury or death occurring 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.

Gratuity for Death of Civilian Employee From Injury Sustained in Line of

Duty

Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 651],

Sept. 30, 1996, 110 Stat. 3009-314, 3009-368, provided that:

``Notwithstanding section 8116 of title 5, United States Code, and in

addition to any payment made under 5 U.S.C. 8101 et seq., beginning in

fiscal year 1997 and thereafter, the head of any department or agency is

authorized to pay from appropriations made available to the department

or agency a death gratuity to the personal representative (as that term

is defined by applicable law) of a civilian employee of that department

or agency whose death resulted from an injury sustained in the line of

duty on or after August 2, 1990: Provided, That payments made pursuant

to this section, in combination with the payments made pursuant to

sections 8133(f) and 8134(a) of such title 5 and section 312 of Public

Law 103-332 (108 Stat. 2537) [5 U.S.C. 8134 note], may not exceed a

total of $10,000 per employee.''

Personnel Not Affected by 1967 Increase

Increases authorized under amendment by section 1(62)(B) 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.