§8141 Civil Air Patrol volunteers

Summary

Volunteer Civil Air Patrol volunteers age 18 or older are covered by these federal benefit rules when calculating disability or death payments. For those calculations, a member’s monthly pay is treated as the basic pay for step 1 of GS‑9 on the federal General Schedule. If the member died while fully or currently insured under subchapter II of chapter 7 of title 42, survivor payments work like this: 45% for a widow or widower (no extra child payments while the widow/widower is paid), 20% for one child plus 10% more for each extra child up to 75% total, and for parents 25% if one parent was wholly dependent and the other was not, 16% each if both were wholly dependent, or a proportional amount if one or both were partly dependent as decided by the Secretary of Labor. No payment may be made under section 8133(a)(5). “Performance of duty” only counts active service and travel to or from that service that supports operational Civil Air Patrol missions ordered by the Department of the Air Force in writing with a specific assignment and time limit. When a claim is filed and eligibility for the widow/widow or child payments is established, the Secretary of Labor must tell the Commissioner of Social Security, and the Commissioner must certify whether the member was fully or currently insured under subchapter II of chapter 7 of title 42 at death. The Secretary of Labor may also tell the Secretary of the Air Force, and the Air Force must, if asked, give facts about the injury and whether the member was on an operational mission. This does not replace the immediate superior’s report that the law still requires.