Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER I — ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part C — Smallpox Emergency Personnel Protection › § 239d
The Secretary must pay money to a person who qualifies when they lose job income because of a covered injury. The basic pay rate is 66 2/3 percent of the person’s pay for the relevant pay period (weekly, monthly, or other). If the person has one or more dependents, the payment goes up by 8 1/3 percent. Income from self-employment counts as employment income. The Secretary can use other federal rules (including rules for minors) to help decide the amount and whether the payment is reasonable. These payments come after any other benefits or insurance that must pay first. The total from this payment and other sources cannot be more than 66 2/3 percent of pay. Lump-sum payments from other sources can be spread over years, as the Secretary decides. No payment is made after survivors get death benefits under section 239e. Yearly payments cannot exceed $50,000. Lifetime limits match the amount in section 239e, unless the person is permanently and totally disabled under section 416(i). No pay is given for the first 5 work days of lost income, unless the lost income lasts 10 or more work days. Payments stop once the person turns 65. These payments are in addition to medical benefits under section 239c.
Full Legal Text
The Public Health and Welfare, Source: USLM XML via OLRC
Reference
Citation
42 U.S.C. § 239d
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110