Title 5Government Organization and EmployeesRelease 119-73not60

§8106 Partial Disability

Title 5 › Part III— EMPLOYEES › Subpart G— Insurance and Annuities › Chapter 81— COMPENSATION FOR WORK INJURIES › Subchapter I— GENERALLY › § 8106

Last updated Apr 3, 2026|Official source

Summary

The United States must pay a worker who is partly disabled a monthly amount equal to 66⅔ percent of the difference between their old monthly pay and what they can earn each month after the partial disability starts. That payment is called the basic compensation for partial disability. The Secretary of Labor can require the worker to send in reports (including sworn forms) about any pay from work or self-employment. The worker must include money estimates for noncash benefits like housing, meals, or lodging. The rule covers workers who fail to file required reports or who knowingly hide or understate earnings, and workers who refuse to look for or accept suitable work.

Full Legal Text

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;
(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;

Legislative History

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8106

Title 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60