§8102a Death Gratuity for Injuries Incurred in Connection with Employee’s Service with an Armed Force

Summary

The government must pay up to $100,000 right away to the survivor when an employee dies from injuries tied to serving with an Armed Force in a contingency operation. The Secretary can choose to apply this rule to employees who died on or after October 7, 2001, but before this rule was passed, if the death was in the theaters of Operation Enduring Freedom or Operation Iraqi Freedom. The payment is reduced by any death gratuity already paid under section 413 of the Foreign Service Act of 1980, section 1603 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, or any other U.S. law for the same death. The money goes to the highest living survivor in this order: the spouse; if no spouse, the children in equal shares; if no children, a person or persons the employee named (these can include parents, people who acted as parents, brothers, or sisters); if none, the parents in equal shares; then brothers and sisters in equal shares. Children include legitimate, adopted, stepchildren who lived with the employee, and some children born out of wedlock if they were acknowledged, legally proven, or ordered supported. Parents can include adoptive parents and people who stood in as parents for at least one year before the person became an employee; only one father and one mother are counted, with preference to those who acted as parents when the person became an employee. An employee may name someone to get a share in 10 percent steps; any remaining amount follows the order above. If an entitled person dies before getting the money, it goes to the next person in line. If an employee has a spouse but names someone else, the agency must tell the spouse. contingency operation — see 10 U.S.C. 1482a(c) for the meaning. employee — meaning in section 8101 of this title, and also includes certain nonappropriated fund employees (see 10 U.S.C. 1587(a)(1)).