§8106 — Title 5 Government Organization and Employees | U.S. Code

Summary

The United States must pay a partly disabled worker each month an amount equal to 66⅔ percent of the difference between the worker’s regular monthly pay and what the worker can earn each month after the partial disability. That payment is called the basic compensation for partial disability. The Secretary of Labor can require the worker to report earnings from jobs or self-employment, by sworn statement or another way, when the Secretary says. The worker must include the money value of housing, board, lodging, and other job benefits that can be estimated. The law also covers cases where a worker fails to report or hides earnings, or refuses to look for or accept suitable work.

Title 5, §8106

Government Organization and Employees — Source: USLM XML via OLRC

(a)If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.

(b)The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—

(1)fails to make an affidavit or report when required; or

(2)knowingly omits or understates any part of his earnings;

(c)A partially disabled employee who—

(1)refuses to seek suitable work; or

(2)refuses or neglects to work after suitable work is offered to, procured by, or secured for him;

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 754.Sept. 7, 1916, ch. 458, § 4, 39 Stat. 743. Oct. 14, 1949, ch. 691, § 103(a), 63 Stat. 855. In subsection (a), the words “Except as otherwise provided in section 751–756, 757–781, 783–791, and 793 of this title” are omitted as surplusage. In subsection (b), the word “remuneration” is omitted as covered by the word “earnings”. 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.

§8106 Partial disability

Summary

Title 5, §8106

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata