42 U.S.C. § 7385s–2: Compensation schedule for…

Summary

Gives a money formula for DOE contractor employees who got sick from toxic exposure at a DOE site. The pay equals two parts: an impairment payment and a wage‑loss payment. For impairment, the DOE Secretary picks a minimum impairment rating in percentage points and then picks how many of those points were caused by the covered illness. The worker gets $2,500 for each percentage point caused by the illness. For wage loss, the Secretary finds the month the worker first lost pay because of the covered illness. Then the Secretary figures the worker’s average yearly pay for the 36 months before that month, leaving out months the worker was unemployed. From that first year through the year the worker reaches normal Social Security retirement age, the Secretary counts years when the worker’s pay due to illness was more than 50% but no more than 75% of that average, and years when it was 50% or less. The worker gets $10,000 for each year in the first group and $15,000 for each year in the second group. The impairment rating must follow the American Medical Association’s Guides.

Title 42, §7385s–2

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

(a)Compensation provided

The amount of contractor employee compensation under this part for a covered DOE contractor employee shall be the sum of the amounts determined under paragraphs (1) and (2), as follows:

(1)Impairment

(A)The Secretary shall determine—

(i)the minimum impairment rating of that employee, expressed as a number of percentage points; and

(ii)the number of those points that are the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility.

(B)The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in clause (ii) of subparagraph (A).

(2)Wage loss

(A)The Secretary shall determine—

(i)the calendar month during which the employee first experienced wage loss as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility;

(ii)the average annual wage of the employee for the 36-month period immediately preceding the calendar month referred to in clause (i), excluding any portions of that period during which the employee was unemployed; and

(iii)beginning with the calendar year that includes the calendar month referred to in clause (i), through and including the calendar year during which the employee attained normal retirement age (for purposes of the Social Security Act [42 U.S.C. 301 et seq.])—

(I)the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage exceeded 50 percent of the average annual wage determined under clause (ii), but did not exceed 75 percent of the average annual wage determined under clause (ii); and

(II)the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage did not exceed 50 percent of the average annual wage determined under clause (ii).

(B)The employee shall receive an amount under this paragraph equal to the sum of—

(i)$10,000 multiplied by the number referred to in clause (iii)(I) of subparagraph (A); and

(ii)$15,000 multiplied by the number referred to in clause (iii)(II) of subparagraph (A).

(b)Determination of minimum impairment rating

For purposes of subsection (a), a minimum impairment rating shall be determined in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a)(2)(A)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

§7385s–2 Compensation Schedule for Contractor Employees

Summary

Title 42, §7385s–2

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata