§3973 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Survivors of a Foreign Service employee who dies from injuries while working overseas may get a death payment equal to one year’s pay at Level II of the Executive Schedule (5 U.S.C. 5313) at the time of death. If the employee was on a local pay plan under 3968, the payment is the larger of one year’s pay at the time of death or one year’s basic pay at the top step of the highest grade on the local plan. The payment is treated as a gift and adds to any other benefits. Agency heads must follow guidance from the Secretary to pay survivors of agency employees or certain unpaid special-category people who die while serving abroad under the chief of mission’s authority (see 3927). The Secretary had to issue eligibility and payment-order guidance within 60 days after January 17, 2014. The payment is allowed only if the survivor can elect monthly compensation under 5 U.S.C. 8133 because the death was from an injury (not a disease caused by the job), even if the survivor waives that compensation. Foreign Service employee — a Service member or a U.S. representative to an international organization. “Widow,” “widower,” “child,” and “parent” — meanings are the same as in 5 U.S.C. 8101.

Title 22, §3973

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Secretary may provide for payment of a gratuity to the surviving dependents of any Foreign Service employee, who dies as a result of injuries sustained in the performance of duty abroad, in an amount equal to one year’s salary at level II of the Executive Schedule under section 5313 of title 5 at the time of death, except that for employees compensated under local compensation plans established under section 3968 of this title the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death. Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source.

(b)The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the survivors of any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 3927 of this title.

(c)Not later than 60 days after January 17, 2014, the Secretary shall, in consultation with the heads of other relevant executive agencies, issue guidance with criteria for determining eligibility for, and order of payments to, survivors and beneficiaries of any employee or of an individual in a special category serving in an uncompensated capacity for that agency who dies as a result of injuries sustained in the performance of duty while subject to the authority of the chief of mission pursuant to section 3927 of this title.

(d)A death gratuity payment shall be made under this section only if the survivor entitled to payment under subsection (c) is entitled to elect monthly compensation under section 8133 of title 5, because the death resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty, without regard to whether such survivor elects to waive compensation under such section 8133.

(e)As used in this section—

(1)the term “Foreign Service employee” means any member of the Service or United States representative to an international organization or commission; and

(2)each of the terms “widow”, “widower”, “child”, and “parent” shall have the same meaning given each such term by section 8101 of title 5.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (a). Pub. L. 113–76, § 7082(a)(1), substituted “at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death, except that for employees compensated under local compensation plans established under section 3968 of this title the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death” for “at the time of death”. Subsec. (b). Pub. L. 113–76, § 7082(a)(2), (3), added subsec. (b) and redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (e). Subsec. (c). Pub. L. 113–76, § 7082(a)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: “A death gratuity payment under this section shall be made as follows: “(1) First, to the widow or widower. “(2) Second, to the child, or children in equal shares, if there is no widow or widower. “(3) Third, to the dependent parent, or dependent parents in equal shares, if there is no widow, widower, or child. “If there is no survivor entitled to payment under this subsection, no payment shall be made.” Subsecs. (d), (e). Pub. L. 113–76, § 7082(a)(2), redesignated subsecs. (b) and (d) as (d) and (e), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 Amendment Pub. L. 113–76, div. K, title VII, § 7082(c), Jan. 17, 2014, 128 Stat. 567, provided that: “Notwithstanding any other provision of law, section 413, 415, and 416 of the Foreign Service Act of 1980 [22 U.S.C. 3973, 3975, 3976], as amended or added by this section, shall apply in the case of a Foreign Service employee or executive branch employee subject to the authority of the chief of mission pursuant to section 207 of the Foreign Service Act (22 U.S.C. 3927), serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries sustained in an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 [probably means “1988 and 1989”] (22 U.S.C. 2656f(d)).”

§3973 Death gratuities