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Title 5 — Government Organization and EmployeesRelease 119-73not60

§8192 Benefits

Title 5 › Part III— EMPLOYEES › Subpart G— Insurance and Annuities › Chapter 81— COMPENSATION FOR WORK INJURIES › Subchapter III— LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES › § 8192

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Labor must give an eligible officer the benefits he would have gotten under subchapter I if, when the injury or death happened, the officer had been an "employee" as defined in section 8101(1) and was on duty. The Secretary can reduce that payment to account for similar benefits the officer already gets from his actual job. If the officer paid into a state or local disability fund, any reduction cannot be more than the share that matches the state/local contribution compared to the full cost of the coverage. The Secretary must pay a survivor the difference between what the survivor would get if the officer had been an employee under section 8101(1) on duty and what the survivor already gets from the officer’s real job, with the Secretary deciding the exact amount. If the officer paid into a state or local survivor fund, the reduction is limited in the same proportional way as described above.

Full Legal Text

Title 5, §8192

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Secretary of Labor shall furnish to any eligible officer the benefits to which he would have been entitled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had been an employee as defined in section 8101(1) engaged in the performance of his duty, reduced or adjusted as the Secretary of Labor in his discretion may deem appropriate to reflect comparable benefits, if any, received by the officer (or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that occasion. When an enforcement officer has contributed to a disability compensation fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of disability coverage for the individual officer.
(b)The Secretary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the benefits to which that survivor would be entitled if the officer had been an employee as defined in section 8101(1) engaged in the performance of his duty on the occasion giving rise to his eligibility, and the comparable benefits, if any, received by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer’s actual employment on that occasion. When an enforcement officer has contributed to a survivor’s benefit fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of survivor’s benefits coverage for the individual officer.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of Pub. L. 90–291, set out as a note under section 8191 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8192

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60