PRIA, Government Policy, Made Personal

Summary

Peace Corps volunteers get worker-compensation rules like other federal employees. "Volunteer" means (1) a Peace Corps volunteer, (2) a volunteer leader, and (3) an applicant who is in training before enrollment. The rules apply during service, but disability pay does not start until the day after service ends. For benefit rules, volunteers are treated as if paid at the minimum GS‑7 rate. Volunteer leaders and volunteers with at least one minor child are treated as if paid at the minimum GS‑11 rate. Injuries that happen outside the States and D.C. are presumed to be job-related unless caused by willful misconduct, intent to harm or kill, or the volunteer’s intoxication. Time counted as service includes pre-enrollment training and the period from enrollment until death, resignation, or presidential termination. The Secretary can let the Peace Corps Director pay medical care for up to 120 days after service ends if the Director certifies the injury is likely job-related; the Secretary sets the certification form, and the certification ends if the volunteer receives compensable disability. The Secretary cannot approve medical care payments the Secretary of Labor is not allowed to pay under this chapter.

Title 5, §8142

Government Organization and Employees, Source: USLM XML via OLRC

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

(1)a volunteer enrolled in the Peace Corps under section 2504 of title 22;

(2)a volunteer leader enrolled in the Peace Corps under section 2505 of title 22; and

(3)an applicant for enrollment as a volunteer or volunteer leader during a period of training under section 2507(a) of title 22 before enrollment.

(b)Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability compensation payments does not commence until the day after the date of termination of his service as a volunteer.

(c)For the purpose of this subchapter—

(1)a volunteer is deemed receiving monthly pay at the minimum rate for GS–7;

(2)a volunteer leader referred to by section 2505 of title 22, or a volunteer with one or more minor children as defined in section 2504 of title 22, is deemed receiving monthly pay at the minimum rate for GS–11;

(3)an injury suffered by a volunteer when he is outside the several States and the District of Columbia is deemed proximately caused by his employment, unless the injury or disease is—

(A)caused by willful misconduct of the volunteer;

(B)caused by the volunteer’s intention to bring about the injury or death of himself or of another; or

(C)proximately caused by the intoxication of the injured volunteer; and

(4)the period of service of an individual as a volunteer includes—

(A)any period of training under section 2507(a) of title 22 before enrollment as a volunteer; and

(B)the period between enrollment as a volunteer and the termination of service as a volunteer by the President or by death or resignation.

(d)(1)The Secretary shall authorize the Director of the Peace Corps to furnish medical benefits to a volunteer, who is injured during the volunteer’s period of service, for a period of 120 days following the termination of such service if the Director certifies that the volunteer’s injury probably meets the requirements under subsection (c)(3). The Secretary may then certify vouchers for these expenses for such volunteer out of the Employees’ Compensation Fund.

(2)The Secretary shall prescribe the form and content of the certification required under paragraph (1).

(3)A certification under paragraph (1) will cease to be effective if the volunteer sustains compensable disability in connection with volunteer service.

(4)Nothing in this subsection may be construed to authorize the furnishing of any medical benefit that the Secretary of Labor is not otherwise authorized to reimburse for former Peace Corps volunteers who receive treatment for injury or disease proximately caused by their service in the Peace Corps in accordance with this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 22 U.S.C. 2504(d).Sept. 22, 1961, Pub. L. 87–293, § 5(d), 75 Stat. 613. Subsection (a) is based on section 2504(a), 2505, and 2507(a) of title 22. In subsection (b), the words “Subject to the provisions of this section” are added for clarity and to conform to the style of section 8140 and 8141. The words “of the United States Government” are omitted as unnecessary in view of the definition of “employee” in section 8101(1). In subsection (c), the words “outside the several States, territories and possessions of the United States, and the District of Columbia” are substituted for “abroad” on authority of section 2522(a), (b) of title 22. References to “the general schedule established by the Classification Act of 1949, as amended” are omitted as unnecessary. Subsection (c)(4) is added on authority of section 2522(e) of title 22. 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 8142 of title 5 was derived from section 2504(d) of title 22. This amendment reflects changes, effected by the act of Sept. 13, 1966, Public Law 89–572, section 4, 80 Stat. 765, in the definitions applicable to section 2504(d) by virtue of section 2522(a), (b) of title 22.

Editorial Notes

Amendments

2018—Subsec. (d). Pub. L. 115–256 added subsec. (d). 1974—Subsec. (c)(2). Pub. L. 93–416 inserted provision relating to a volunteer with one or more minor children.

Statutory Notes and Related Subsidiaries

Effective Date

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

Effective Date

, see section 23(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.

§8142 Peace Corps Volunteers

Summary

Title 5, §8142

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata