§8192 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Secretary of Labor must give an eligible officer the federal benefits they would have gotten if they had been a federal employee performing duty when the injury or event happened. The Secretary can reduce those federal payments to account for similar benefits the officer already gets from their actual job. If the officer paid into a state or local disability fund, any reduction can only be the part of the state or local benefit that matches the state or local government’s share of the cost of that coverage. The Secretary must pay a survivor the difference, as the Secretary decides, between what the survivor would have received if the officer had been a federal employee on duty and the similar benefits the survivor already gets from the officer’s real employment. If the officer paid into a survivor benefit fund, the same limit applies: reductions are only the portion that equals the government’s share of the cost.

Title 5, §8192

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Secretary of Labor shall furnish to any eligible officer the benefits to which he would have been entitled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had been an employee as defined in section 8101(1) engaged in the performance of his duty, reduced or adjusted as the Secretary of Labor in his discretion may deem appropriate to reflect comparable benefits, if any, received by the officer (or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that occasion. When an enforcement officer has contributed to a disability compensation fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of disability coverage for the individual officer.

(b)The Secretary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the benefits to which that survivor would be entitled if the officer had been an employee as defined in section 8101(1) engaged in the performance of his duty on the occasion giving rise to his eligibility, and the comparable benefits, if any, received by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer’s actual employment on that occasion. When an enforcement officer has contributed to a survivor’s benefit fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of survivor’s benefits coverage for the individual officer.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of Pub. L. 90–291, set out as a note under section 8191 of this title.

§8192 Benefits

Summary

Title 5, §8192

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata