42 U.S.C. § 1652: Computation of benefits…

Summary

Minimum weekly-pay floors set in other parts of the law do not apply when figuring disability pay or death benefits under this chapter. Aliens and nonnationals who do not live in the United States or Canada get the same disability or death payments as residents. If their dependents live in another country, benefits go only to a surviving wife and child or children, or if there is no wife or child, to a surviving father or mother the worker supported for one year right before the injury. The Secretary of Labor can, or must if the insurance company asks, turn future installment payments into a single lump-sum payment equal to one-half of the commuted amount the Secretary decides.

Title 42, §1652

The Public Health and Welfare, Source: USLM XML via OLRC

(a)The minimum limit on weekly compensation for disability, established by section 906(b) of title 33, and the minimum limit on the average weekly wages on which death benefits are to be computed, established by section 909(e) of title 33, shall not apply in computing compensation and death benefits under this chapter.

(b)Compensation for permanent total or permanent partial disability under section 908(c)(21) of title 33, or for death under this chapter to aliens and nonnationals of the United States not residents of the United States or Canada shall be in the same amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one year immediately prior to the date of the injury, and except that the Secretary of Labor may, at his option or upon the application of the insurance carrier shall, commute all future installments of compensation to be paid to such aliens or nonnationals of the United States by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsecs. (a), (b). Pub. L. 98–426 substituted references to sections of the Longshore and Harbor Workers’ Compensation Act for sections of the Longshoremen’s and Harbor Workers’ Compensation Act, which references have been translated to sections of title 33, thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters.

Executive Documents

Transfer of Functions

“Secretary of Labor” and “Secretary” substituted for “Federal Security Administrator” and “Administrator”, respectively, in subsec. (b), pursuant to Reorg. Plan No. 19 of 1950, § 1, eff.

May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, which transferred functions of Federal Security Administrator to Secretary of Labor. Previously, “Federal Security Administrator” and “Administrator” substituted for “United States Employees’ Compensation Commission” and “Commission” pursuant to Reorg. Plan No. 2 of 1946, § 3, eff.

July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, which abolished United States Employees’ Compensation Commission and transferred its functions to Federal Security Administrator.

§1652 Computation of Benefits; Application to Aliens and Nonnationals