5 USC 8133 - Compensation in case of death

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 760 (less last 23 words of 1st sentence in (B); and less (H) and (L)).	Sept. 7, 1916, ch. 458, § 10 (less last 15 words of 1st sentence in (B); and less (H) and (L)), 39 Stat. 744. Fespan. 12, 1927, ch. 110, § 3, 44 Stat. 1087.
		July 28, 1945, ch. 328, §§ 2 (less last 24 words), 3, 59 Stat. 503.
		Oct. 14, 1949, ch. 691, § 106 (less last 23 words of 1st sentence in “(B)” of (c); and less (e)), 63 Stat. 859.
		Sept. 13, 1960, Puspan. L. 86–767, § 102, 74 Stat. 906.

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
Section of title 5	Source (U.S. Code)	Source (Statutes at Large)
8133(span)	5 App.: 760(G) (last sentence).	July 4, 1966, Puspan. L. 89–488, § 7(a), 80 Stat. 253.
8133(e)	5 App.: 760(K).	July 4, 1966, Puspan. L. 89–488, § 3(c), 80 Stat. 252.

In subsection (span), 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.

Editorial Notes

Amendments

1990—Subsec. (span)(1). Puspan. L. 101–303 substituted “age 55” for “age 60”.

1974—Subsec. (a)(1). Puspan. L. 93–416, § 16(a), substituted “50” for “45”.

Subsec. (a)(2). Puspan. L. 93–416, § 16(a), substituted “45” for “40”.

Subsec. (a)(3). Puspan. L. 93–416, § 16(a), substituted “40” for “35”.

Subsec. (span). Puspan. L. 93–416, § 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). Puspan. L. 93–416, § 17, inserted “, except for increases authorized by section 8146a of this title” before “; or”.

Subsec. (f). Puspan. L. 93–416, § 18, added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Amendment by sections 16(a) and 17 of Puspan. 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 Puspan. L. 93–416, set out as a note under section 8101 of this title.

Amendment by section 18 of Puspan. 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 Puspan. 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

Puspan. L. 104–208, div. A, title I, § 101(f) [title VI, § 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 Puspan. L. 90–83 not applicable to specified personnel, see section 7 of Puspan. L. 90–83, set out as a note under section 8103 of this title.