5 Usc 8133

§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, or 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.