PRIA, Government Policy, Made Personal

Summary

If a disabled federal employee has dependents, their basic disability pay must be increased. A dependent can be a wife or husband who lives with the employee, gets regular support from the employee, or is legally owed support by the employee; an unmarried child who lives with or gets regular support from the employee and is under 18 (or over 18 and cannot support themself because of a disability); or a parent who is completely supported by the employee. If a child turns 18 but is a student as defined in section 8101 when they turn 18, payments continue while they stay a student or until they marry. The increase is 8⅓ percent of the employee’s monthly pay when the disability pay is under section 8105 or 8107(a). If the pay is under section 8106(a), the increase is 8⅓ percent of the difference between monthly pay and monthly wage-earning capacity.

Title 5, §8110

Government Organization and Employees, Source: USLM XML via OLRC

(a)For the purpose of this section, “dependent” means—

(1)a wife, if—

(A)she is a member of the same household as the employee;

(B)she is receiving regular contributions from the employee for her support; or

(C)the employee has been ordered by a court to contribute to her support;

(2)a husband, if—

(A)he is a member of the same household as the employee; or

(B)he is receiving regular contributions from the employee for his support; or

(C)the employee has been ordered by a court to contribute to his support;

(3)an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is—

(A)under 18 years of age; or

(B)over 18 years of age and incapable of self-support because of physical or mental disability; and

(4)a parent, while wholly dependent on and supported by the employee.

Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries.

(b)A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented—

(1)at the rate of 8⅓ percent of his monthly pay if that compensation is payable under section 8105 or 8107(a) of this title; and

(2)at the rate of 8⅓ percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under section 8106(a) of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 756(a).Sept. 7, 1916, ch. 458, § 6, 39 Stat. 743. Feb. 12, 1927, ch. 110, § 1, 44 Stat. 1086.

May 13, 1936, ch. 382, 49 Stat. 1270. Oct. 14, 1949, ch. 691, § 105 “Sec. 6(a)”, 63 Stat. 858. The references in former section 756(a)(2) to definitions in former section 760(H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (U.S.Code)Source (Statutes at Large) 8110(a)5 App.: 756(a)(2) (C).

July 4, 1966, Pub. L. 89–488, § 7(b), 80 Stat. 254. 8110(b)5 App.: 756(a)(1).

July 4, 1966, Pub. L. 89–488 §§ 2(e), 3(a), 80 Stat. 252. In subsection (a), the words “Notwithstanding paragraph (3) of this subsection” are substituted for “Notwithstanding any other provision of this section” for clarity. The word “he” is substituted for “he or she” in two places on authority of 1 U.S.C. 1. The words “section 8101 of this title” are substituted for “section 10(M) of this Act” to reflect the codification of that section in title 5.

Editorial Notes

Amendments

1974—Subsec. (a)(2). Pub. L. 93–416 substituted provisions of subpars. (A), (B) and (C) for “wholly dependent on the employee for support because of his own physical or mental disability”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after such

Effective Date

, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title. Personnel Not Affected by 1967 IncreaseIncreases authorized under amendment by section 1(53)(B), (C) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

§8110 Augmented Compensation for Dependents

Summary

Title 5, §8110

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata