§3707 Temporary members of the Reserve; disability or death benefits

Summary

If a temporary Reserve member is hurt or dies from an injury while on active duty or while traveling to or from that duty, they can get benefits under the federal workers’ compensation program. The Secretary of Labor handles the claim like the person was a civilian federal employee. For computing benefits, the member is treated as if they had monthly pay equal to the minimum basic pay for grade GS‑9 on the day of the injury. If a State or other jurisdiction already covers the person because of a separate job, that coverage takes priority. If both this federal benefit and another U.S. benefit apply for the same injury or death, the person or their dependant must choose which one to take. When a claim is filed with the Secretary of Labor, the Commandant investigates and certifies whether the person was a temporary Reserve member, their military status, and whether the injury or death happened because of military service. A temporary Reserve member who becomes disabled or sick while on assigned duty gets the same hospital care as a Regular Coast Guard member. For death benefits under section 8133 of title 5, the pay rules are: 45 percent in one case; 20 percent for one child plus 10 percent more for each additional child up to 75 percent total in another; and 25 percent (or 16 percent each) for dependent parents, with proportional amounts if partially dependent. Payments under one particular subsection of that law (subsection (a)(5)) are not allowed. The Secretary of Labor must tell the Social Security Commissioner when certain claims are approved, and the Commissioner must confirm whether the member was fully or currently insured under title II of the Social Security Act at death.