§3707 Temporary Members of the Reserve; Disability or Death Benefits

Summary

Gives temporary Reserve members who are hurt or killed while on active duty, or while traveling for that duty, the same federal workers’ compensation benefits that civilian federal employees get. The Secretary of Labor must run those benefits as if the member were a civil employee. For benefit amounts, the member is treated as if they had the monthly pay equal to the minimum basic pay for GS–9 on the date of the injury. If a State or other jurisdiction already covers the injury because the member had concurrent employment, this federal coverage does not apply. If a person could get both this benefit and another U.S. benefit for the same injury or death, they must choose which one to take. When a claim is filed with the Secretary of Labor, the Secretary must tell the Commandant, who will investigate and certify the person’s Reserve status, military status, and whether the injury or death happened because of service. Temporary members who become disabled or sick while on assigned duty are entitled to the same hospital care as Regular Coast Guard members. For death benefits under 5 U.S.C. 8133, the payment rates are set as follows: 45% under subsection (a)(2) if the member was fully or currently insured under Social Security, with no extra child payments while a widow or widower remains eligible; 20% for one child under (a)(3) and 10% more for each additional child up to a 75% total; and under (a)(4) 25% if one parent was fully dependent and the other was not, 16% each if both were fully dependent, or a proportional amount if partly dependent. Payments under subsection (a)(5) may not be made. The Secretary of Labor must tell the Commissioner of Social Security when a claim under (a)(2) or (a)(3) is approved, and the Commissioner will confirm whether the member was fully or currently insured under Social Security at death.