PRIA, Government Policy, Made Personal

Summary

The United States can stop future payments by making one lump-sum payment equal to the present value of all future benefits, calculated with a 4 percent annual compound discount, when a person dies or has a permanent total or partial disability and one of these is true: the monthly payment is less than $50, the person is or will become a nonresident of the United States, or the Secretary of Labor decides a lump sum is best for the person. For death cases, the chance the person will die is figured from the current United States Life Tables (made by the Department of Health, Education, and Welfare). The lump sum for a surviving spouse cannot be more than 60 months of payments. Other possible changes in benefit amount or length are ignored. If a widow or widower who is getting payments remarries before age 55, they must receive a lump sum equal to 24 times the monthly payment they were getting just before remarriage (this excludes payments made for another person).

Title 5, §8135

Government Organization and Employees, Source: USLM XML via OLRC

(a)The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4 percent true discount compounded annually if—

(1)the monthly payment to the beneficiary is less than $50 a month;

(2)the beneficiary is or is about to become a nonresident of the United States; or

(3)the Secretary of Labor determines that it is for the best interest of the beneficiary.

The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months’ compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded.

(b)On remarriage before reaching age 55 a widow or widower entitled to compensation under section 8133 of this title, shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation on account of another individual) to which he was entitled immediately before the remarriage.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 764.Sept. 7, 1916, ch. 458, § 14, 39 Stat. 746. 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. 1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 8135(b)5 App.: 764(b).July 4, 1966, Pub. L. 89–488, § 8, 80 Stat. 254. The word “widower” is substituted for “dependent widower” to conform to the definition in 5 U.S.C. 8101(11). The words “section 8133 of title 5” are substituted for “section 10” to reflect the codification of that section in title 5, United States Code.

Editorial Notes

Amendments

1990—Subsec. (b). Pub. L. 101–303 substituted “age 55” for “age 60”. 1974—Subsec. (a). Pub. L. 93–416, § 20, substituted provisions relating to use of the most current United States Life Tables, for provisions relating to determination by the American Experience Tables of Mortality. Subsec. (a)(1). Pub. L. 93–416, § 19, substituted “$50” for “$5”. Subsec. (b). Pub. L. 93–416, § 16(b), inserted “before reaching age 60” after “On remarriage”.

Statutory Notes and Related Subsidiaries

Change of Name

United States Department of Health, Education, and Welfare redesignated the United States Department of Health and Human Services by section 3508 of Title 20, Education.

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–416 applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, 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(63) 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.

§8135 Lump-sum Payment