PRIA, Government Policy, Made Personal

Summary

If an employee is partly disabled, the United States must pay each month 66⅔ percent of the difference between the worker’s monthly pay and the worker’s monthly earning ability after the partial disability begins. The Secretary of Labor can require the employee to report earnings (including money value of housing, board, lodging, and similar benefits) in a signed report or affidavit at times the Secretary sets. If the employee fails to report or knowingly hides earnings, the worker loses pay for the period covered by the report. Any pay already given can be taken back by deducting it from future payments or recovered under section 8129, unless that recovery is waived. An employee who refuses to look for suitable work or refuses or neglects to do suitable work offered or arranged for them is not eligible for this pay.

Title 5, §8106

Government Organization and Employees, Source: USLM XML via OLRC

(a)If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.

(b)The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—

(1)fails to make an affidavit or report when required; or

(2)knowingly omits or understates any part of his earnings;

forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129 of this title, unless recovery is waived under that section.

(c)A partially disabled employee who—

(1)refuses to seek suitable work; or

(2)refuses or neglects to work after suitable work is offered to, procured by, or secured for him;

is not entitled to compensation.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 754.Sept. 7, 1916, ch. 458, § 4, 39 Stat. 743. Oct. 14, 1949, ch. 691, § 103(a), 63 Stat. 855. In subsection (a), the words “Except as otherwise provided in section 751–756, 757–781, 783–791, and 793 of this title” are omitted as surplusage. In subsection (b), the word “remuneration” is omitted as covered by the word “earnings”. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

§8106 Partial Disability

Summary

Title 5, §8106

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata