Title 5, Government Organization and EmployeesRelease 119-102

§8141 Civil Air Patrol Volunteers

Title 5 › PART III — EMPLOYEES › Subpart G — Insurance and Annuities › CHAPTER 81 — COMPENSATION FOR WORK INJURIES › SUBCHAPTER I — GENERALLY › § 8141

Last updated Aug 21, 2026|Official source

Summary

Civil Air Patrol volunteer members (but not cadets under 18) are covered by these federal benefit rules with some special handling for pay, benefit amounts, what counts as duty, and who gets told about claims. For benefit calculations, a member’s monthly pay is treated as the basic pay for step 1 of GS‑9 under section 5332. Survivor payments are set by fixed percentages: 45% for a surviving spouse under the listed rule if the member was fully or currently insured under Social Security; 20% for one child plus 10% for each extra child up to a 75% cap if the member was fully or currently insured; parent payments are 25% for one wholly dependent parent, 16% each if both were wholly dependent, or a proportional amount if partly dependent as decided by the Secretary of Labor. No payment is allowed under the one listed category that is excluded. “Performance of duty” only means active service and travel supporting Air Force‑directed operational missions with written authorization for a specific assignment and time. The Secretary of Labor must notify the Social Security Commissioner when eligible claims are filed, and the Commissioner must say whether the member was fully or currently insured at death. The Secretary of Labor may tell the Secretary of the Air Force about claims; the Air Force must, on request, give facts about the injury and whether the member was on or traveling to or from an operational mission. This does not replace the immediate superior’s report required elsewhere.

Full Legal Text

Title 5, §8141

Government Organization and Employees, Source: USLM XML via OLRC

(a)Subject to the provisions of this section, this subchapter applies to a volunteer civilian member of the Civil Air Patrol, except a Civil Air Patrol Cadet under 18 years of age.
(b)In administering this subchapter for a member of the Civil Air Patrol covered by this section—
(1)the monthly pay of a member is deemed the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under section 5332 of this title for the purpose of computing compensation for disability or death;
(2)the percentages applicable to payments under section 8133 of this title are—
(A)45 percent for section 8133(a)(2) of this title, if the member dies fully or currently insured under subchapter II of chapter 7 of title 42, with no additional payments for a child or children while the widow or widower remains eligible for payments under section 8133(a)(2) of this title;
(B)20 percent for section 8133(a)(3) of this title for one child and 10 percent additional for each additional child, but not to exceed a total of 75 percent, if the member died fully or currently insured under subchapter II of chapter 7 of title 42; and
(C)25 percent for section 8133(a)(4) of this title, if one parent was wholly dependent on the deceased member at the time of his death and the other was not dependent to any extent; 16 percent to each, if both were wholly dependent; and if one was or both were partly dependent, a proportionate amount in the discretion of the Secretary of Labor;
(3)a payment may not be made under section 8133(a)(5) of this title;
(4)“performance of duty” means only active service, and travel to and from that service, rendered in performance or support of operational missions of the Civil Air Patrol under direction of the Department of the Air Force and under written authorization by competent authority covering a specific assignment and prescribing a time limit for the assignment; and
(5)the Secretary of Labor or his designee shall inform the Commissioner of Social Security when a claim is filed and eligibility for compensation is established under section 8133(a)(2) or (3) of this title, and the Commissioner of Social Security shall certify to the Secretary of Labor as to whether or not the member concerned was fully or currently insured under subchapter II of chapter 7 of title 42 at the time of his death.
(c)The Secretary of Labor or his designee may inform the Secretary of the Air Force or his designee when a claim is filed. The Secretary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the injury and whether or not the member was rendering service, or engaged in travel to or from service, in performance or support of an operational mission of the Civil Air Patrol at the time of injury. This subsection does not dispense with the report of the immediate superior of the member required by section 8120 of this title, or other reports agreed on under that section.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 803 (less (d)).Aug. 3, 1956, ch. 926, § 1 “Sec. 3 (less (d))”, 70 Stat. 980. Subsection (d) of former section 803, providing for retroactive applicability, is omitted as executed (see Table II). 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

Subchapter II of chapter 7 of title 42, referred to in text, is section 401 et seq. of Title 42, The Public Health and Welfare.

Amendments

1994—Subsec. (b)(5). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary of Health, Education, and Welfare” in two places. 1983—Subsec. (a). Pub. L. 98–94, § 1258(a)(1), inserted “under 18 years of age” after “Civil Air Patrol Cadet”. Subsec. (b)(1). Pub. L. 98–94, § 1258(a)(2), substituted “the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under section 5332 of this title” for “$300”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.

Effective Date

of 1983 Amendment Pub. L. 98–94, title XII, § 1258(b), Sept. 24, 1983, 97 Stat. 702, provided that: “(1) The

Amendments

made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 24, 1983]. “(2) The amendment made by subsection (a)(1) [amending this section] shall apply only to deaths or injuries occurring on or after the date of the enactment of this Act [Sept. 24, 1983]. “(3) The amendment made by subsection (a)(2) [amending this section] shall apply only to the computation of compensation payable for periods commencing on or after the date of the enactment of this Act [Sept. 24, 1983].”

Reference

Citations & Metadata

Citation

5 U.S.C. § 8141

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102