§3975 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

A Foreign Service employee who is killed abroad on duty because of a terrorist attack (as defined in section 2656f(d)) is eligible to receive a one-time payment of $400,000. That payment is on top of any employer life insurance. If the person is paid under a local pay plan (see section 3968), the State Department will set the amount by regulation but it cannot be more than $400,000. The payment must follow the guidance under section 3973(c) and must not be used to lower any other federal benefits the recipient would otherwise get. Heads of executive agencies must give the same extra payment, using the same rules, for any agency employee or for a person serving without pay in a special category for the agency who dies abroad on duty because of a terrorist attack while under the chief of mission’s authority (see section 3927).

Title 22, §3975

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Notwithstanding the amounts specified in chapter 87 of title 5, a Foreign Service employee who dies as a result of injuries sustained while on duty abroad because of an act of terrorism, as defined in section 2656f(d) of this title, shall be eligible for a special payment of $400,000, which shall be in addition to any employer provided life insurance policy coverage. In the case of an employee compensated under a local compensation plan established under section 3968 of this title, the amount of such payment shall be determined by regulations implemented by the Secretary of State and shall be no greater than $400,000. The group life insurance supplement employee benefit paid or scheduled to be paid pursuant to this section should not be used to reduce any other payment to which a recipient is otherwise eligible under Federal law.

(2)A payment made under paragraph (1) shall be made in accordance with the guidance issued under section 3973(c) of this title.

(b)The head of an executive agency shall provide the additional payment authorized by this section, consistent with the provisions set forth in subsection (a), with respect to any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency who dies as a result of injuries sustained while on duty abroad because of an act of terrorism, as defined in section 2656f(d) of this title, while subject to the authority of the chief of mission pursuant to section 3927 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2656f(d) of this title, referred to in subsecs. (a)(1) and (b), was in the original “section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999”, and was translated as meaning “section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989”, to reflect the probable intent of Congress.

Amendments

2017—Subsec. (a)(1). Pub. L. 115–31, which directed amendment by adding “The group life insurance supplement employee benefit paid or scheduled to be paid pursuant to this section should not be used to reduce any other payment to which a recipient is otherwise eligible under Federal law.” in par. (1) without specifying a particular location, was executed by inserting the amendment at the end of par. (1) to reflect the probable intent of Congress. 2015—Subsec. (a)(1). Pub. L. 114–113 substituted “a special payment of $400,000, which shall be in addition to any employer provided life insurance policy coverage” for “a payment from the United States in an amount that, when added to the amount of the employee’s employer-provided group life insurance policy coverage (if any), equals $400,000”.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable in the case of a Foreign Service or executive branch employee subject to the authority of the chief of mission pursuant to section 3927 of this title, serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries from an act of terrorism, as defined in section 2656f(d) of this title, see section 7082(c) of Pub. L. 113–76, set out as an

Effective Date

of 2014 Amendment note under section 3973 of this title. Applicability Pub. L. 114–113, div. K, title VII, § 7034(d)(5)(B), Dec. 18, 2015, 129 Stat. 2763, provided that: “The insurance benefit under section 415 of the Foreign Service Act of 1980 (22 U.S.C. 3975), as amended by subparagraph (A), shall be applicable to eligible employees who die as a result of injuries sustained while on duty abroad because of an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), anytime on or after April 18, 1983.”

§3975 Group Life Insurance Supplement Applicable to Those Killed in Terrorist Attacks

Summary

Title 22, §3975

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata