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

Summary

If a temporary Reserve member is hurt or killed while on active duty or while traveling to or from that duty, they are covered by the federal workers’ compensation system. The Secretary of Labor handles the claim as if the person were a civilian federal employee. For benefit calculations, the member is treated as having monthly pay equal to the minimum basic pay for GS‑9 on the date of the injury. If a state workers’ compensation law covers the person because of another job, the federal coverage does not apply. If a person or a dependent could get both this federal benefit and another U.S. benefit for the same injury or death, they must choose which one to take. When a claim is filed, the Secretary of Labor tells the Commandant, who investigates and confirms the member’s status and whether the injury or death was service‑connected. Temporary Reserve members who become sick or disabled on assigned duty get the same hospital care as Regular Coast Guard members. For survivor payments, the Labor Secretary must use these exact rules: 45% for a spouse (with no extra child payments while the spouse remains eligible); 20% for one child plus 10% more for each additional child up to a 75% cap; and 25% for one wholly dependent parent (16% each if both were wholly dependent, or a proportional amount if partly dependent). One specific type of payment in the federal law is not allowed. The Labor Secretary must notify the Social Security Commissioner when eligible claims are filed, and the Commissioner must confirm whether the member was fully or currently insured under Title II of the Social Security Act at the time of death.