§8112 — Title 5 Government Organization and Employees | U.S. Code

Summary

Sets the top and bottom monthly amounts someone on federal disability pay can get. The pay cannot be more than 75 percent of the monthly basic pay at the top GS‑15 rate. It counts augmented disability pay but not extra payments under a different rule. For total disability, the monthly pay must be at least the smaller of 75 percent of the lowest GS‑2 monthly pay or the employee’s actual monthly pay. Those limits do not apply if the disability was caused by an assault that happened during an assassination or attempted assassination of certain federal officials (see 18 U.S.C. 351(a) or 1751(a)) while the employee was doing their job.

Title 5, §8112

Government Organization and Employees — Source: USLM XML via OLRC

(a)Except as provided by section 8138 of this title, the monthly rate of compensation for disability, including augmented compensation under section 8110 of this title but not including additional compensation under section 8111 of this title, may not be more than 75 percent of the monthly pay of the maximum rate of basic pay for GS–15, and in case of total disability may not be less than 75 percent of the monthly pay of the minimum rate of basic pay for GS–2 or the amount of the monthly pay of the employee, whichever is less.

(b)The provisions of subsection (a) shall not apply to any employee whose disability is a result of an assault which occurs during an assassination or attempted assassination of a Federal official described under section 351(a) or 1751(a) of title 18, and was sustained in the performance of duty.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 756(c).Oct. 14, 1949, ch. 691, § 105 “Sec. 6(c)”, 63 Stat. 859. Sept. 13, 1960, Pub. L. 86–767, § 101 (last 13 words), 74 Stat. 906. 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) 81125 App.: 756(c).July 4, 1966, Pub. L. 89–488, § 3(b), 80 Stat. 252. The words “maximum rate of basic pay for GS–15” and “minimum rate of basic pay for GS–2” are substituted for “highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949” and “lowest rate of basic compensation provided for grade 2 by such General Schedule”, respectively, for consistency of style within title 5 and to reflect the codification of the Classification Act of 1949 in title 5.

Editorial Notes

Amendments

1988—Pub. L. 100–566 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Personnel Not Affected by 1967 IncreaseIncreases authorized under amendment by section 1(55) 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.

§8112 Maximum and Minimum Monthly Payments