§8138 — Title 5 Government Organization and Employees | U.S. Code

Summary

The rule says the normal minimum monthly amounts for disability pay and the minimum monthly pay used to figure death benefits do not apply to workers who are not U.S. citizens if they are injured outside the continental United States. The Secretary of Labor can set a minimum monthly pay for computing death benefits for groups of those workers. The President can remove or change these minimums for non‑U.S. citizen employees of the Canal Zone Government or the Panama Canal Company.

Title 5, §8138

Government Organization and Employees — Source: USLM XML via OLRC

(a)Except as provided by subsection (b) of this section, the minimum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title do not apply in the case of a noncitizen employee, or a class or classes of noncitizen employees, who sustain injury outside the continental United States. The Secretary of Labor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees.

(b)The President may remove or modify the minimum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title in the case of an alien employee, or a class or classes of alien employees, of the Canal Zone Government or the Panama Canal Company.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 793 (4th par., less 2d sentence).July 29, 1942, ch. 533 (less 2d sentence), 56 Stat. 725.Sept. 13, 1960, Pub. L. 86–767, § 210, 74 Stat. 910. (b)5 U.S.C. 793 (2d sentence of 2d par.).Sept. 7, 1916, ch. 458, § 42 (2d sentence of 2d par.), 39 Stat. 750. Apr. 6, 1938, ch. 79 “Sec. 42 (2d sentence of 2d par.)”, 52 Stat. 201. In subsection (a), the words “in his discretion” are omitted as unnecessary in view of the permissive nature of the authority. The word “continental” is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137. In subsection (b), the words “Canal Zone Government” and “Panama Canal Company” are substituted for “Panama Canal” and “Panama Railroad Company”, respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038. 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.

Editorial Notes

References in Text

For definition of Canal Zone Government and Panama Canal Company, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

§8138 Minimum Limit Modification for Noncitizens and Aliens