FEDERAL EMPLOYEES' COMPENSATION ACT AS AMENDED TO SEPTEMBER 13, 1960

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000600010019-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 61
• Document Creation Date: December 16, 2016
• Document Release Date: July 11, 2005
• Sequence Number: 19
• Publication Date: September 13, 1960
• Content Type: REGULATION

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FEDERAL EMPLOYEES' COMPENSATION ACT
13 1960
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As Amended p ,
U.S. DEPARTMENT OF LABOR
Arthur J. Goldberg, Secretary
BUREAU OF EMPLOYEES' COMPENSATION
Wm. McCauley, Director
1962
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FEDERAL EMPLOYEES' COMPENSATION ACT (WITH
AMENDMENTS TO SEPTEMBER 13, 1960)
An Act To provide compensation for employees of the United States suffering
injuries while in the performance of their duties, and for other purposes.
COMPENSATION PAYABLE, WHEN; WAR RISK HAZARDS
Be it enacted by the Senate and house of Representatives of the
United States of America in Congress assembled, that
(a) The United States shall pay compensation as hereinafter speci-
fied for the disability or death of an employee resulting from a per-
sonal injury sustained while in the performance of his duty, but no
compensation shall be paid if the injury or death is caused by the
willful misconduct of the employee or by the employee's intention to
bring about the injury or death of himself or of another, or if intoxi-
cation of the injured employee is the proximate cause of the injury
or death.
(b)' In any case where an employee within the coverage of this
Act or any extension thereof, who is employed outside of the conti-
nental United States or in Alaska or in the Canal Zone, suffers dis-
ability or death from a war-risk hazard, or suffers disability or death
during or as a result of capture, detention, or other restraint by a
hostile force or person, his disability or death shall in the adminis-
tration of this Act be deemed to have resulted from personal injury
sustained while in the performance of his duty, whether or not the
employee was engaged in the course of employment when the dis-
ability, or disability resulting in death, occurred or when he was taken
by the hostile force or person. This subsection shall not apply to any
person (1) whose residence is at or in the vicinity of the place of his
employment, and (2) who was not living there solely by virtue of the
Act approved September 7, 1916 (c. 458, 39 Stat. 742, 5 U.S.C. sec. 751 et seq.)
amended June 13, 1922 (c. 219, 42 Stat. 650) ; June 5, 1924 (c. 261, 43 Stat. 389)
March 4, 1925 (c. 561, 43 Stat. 1356) ; June 26, 1926 (c. 695, 44 Stat. 772) ; February 12,
1927 (c. 110, 44 Stat. 1086) ; May 13, 1936 (c. 382, 49 Stitt. 1270) ; April 6, 1938 (c. 79,
52 Stat. 200) ; May 31, 1938 (c. 293, 52 Stat. 586) ; April 11, 1940 (c. 79, 54 Stat. 105)
July 29, 1942 (c. 533, 56 Stitt. 725) ; July 1, 1944 (c. 373, 58 Stat. 712) ; December 22,
1944 (c. 644, 58 Stitt. 887) ; July 28, 1945 (c. 328, 59 Stat. 503) ; October 14, 1949
(c. 691, 63 Stat. 854) ; August 1, 1956 (c. 837, 70 Stat. 833) ; August 8, 1958 (72 Stat.
538) ; and September 13, 1960 (74 Stitt, 906).
Effective July 16, 1946, the United States Employees' Compensation Commission was
abolished and its functions transferred to the Federal Security Agency by see. 3 of Reorgan-
ization Plan No. 2 of 1946 (11 P.R. 7873; 60 Stat. 1095).
Effective May 24, 1950, the functions previously transferred to the Federal Security
Agency were transferred by Reorganization Plan No. 19 of 1950 (15, F.R. 3178; 64 Stat.
1271), to the U.S. Department of Labor. See note 5 and p. 59 for details.
12 Subsection (b) added by Act of August 8, 1958 (72 Stat. 538). This Act repealed
section 5(b) of the Act of July 28, 1945 (c. 328, 59 Stat. 505) as amended, and section
5(b) of the Act of June 30, 1953 (c. 176, 67 Stat. 135) which provided for compensation
for disability or death suffered after capture, detention, or other restraint by an enemy of
the United States.
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exigencies of his employment, link-'s the person was injured or was
taken while he was engaged in the course of his etnployi rent, or (3)
who is a prisoner of war or a protected person under t he Geneva Con-
ventions of 1949 and who is detained or utilized by the United States.
Nothing contained in this subsection shall atfeet the lalyment of com-
pensation under entitlement of this Act derived otherwise than by
reason of this subsection, but compensation for disability or death
shall not accrue for any peri?xl of time for which pay, other benefit,
or gratuity from the I"nited States on account of detention by the
enemy, or by reason of the ::ame disability or death, accrues to the
disabled person or his dependents, unless such pay, benefits, or gratu-
ity is ref tended or renounced.
SEC. 2.' With respect to the first three days of temporary disability
the employee shall not be entitled to compensation except as pro-
vided in section 9, unless su( Ii disability exceeds twenty-one days In
duration or is followed by perlnaueit disability.
SEC. 3,4 Except as otherwiie provided in this Act, if the disability
is total the United States shill pay to the disabled employee during
such disability a mitonthly monetary compensation equal to 66% per
centuni of Iris nionthly pay, %0iicIl shall be known as his basic compen-
sation for total disability.
(b) Loss, or loss of use, of both hands, or both arms, or both feet, or
both legs, or both eyes or the sight thereof, shall, prima. facie, consti-
tute permanent total (llwtbility.
BASIC BENEFIT FOR PARTIAL DISABILITY
SEC. 4.5 (a) (1) Except. as otherwise provided in this Act, if the
disability is partial the United States shall pay to the disabled em-
ployee during such disability a monthly monetary compensation equal
to 66"3 per centuni of the difference between his monthly pay and his
monthly wage-e4u?ning capacity after the beginning o{ sue'h partial
disability, which shall be known as his basic compensation for partial
disabili(y.
(2) The Setretal'y may require a partially disabled employee to
make an affidavit. or other report, in such manner and at, such t lines
as the Secretary may specify as to nits earnings, whether from eniploy-
ment or self-employment. In such affidavit or other report, the em-
ployee shall include. the value of housing, hoard, lodging, and other
advantages which are. part of his relnunerat ion for employment or are
earnings in self-employment amid which can be estimated in money.
9 Amended October 14. 1949 (c. 691. 03 Stat. 555).
{ Amended October 14. 1949 (c. 691, 03 Stut. S55j.
5 Amended October 14. 1949 O. x.91, u3 Stat. 85.x). This amendment provided also that
the words "Adminixtratur." "he?? Hutt "hl." be substituted respectively for the words
"Commission," "It" or "Its." wherever nece.sarv. "Secretary," referring to the Secretary
of ]arbor, replaced "Adieini lratur" b. Reoraantranon Irian No. In of 1950 (15 F.R. 3178
64 Slut. 1271). See note 1 told p. 59 for details.
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If such individual, when required, fails to make such affidavit or
other report, or if in such affidavit or report the employee knowingly
omits or understates any part of such earnings or remuneration, he
shall forfeit his right to compensation with respect to any period for
which such report was required to be made, and such compensation,
if already paid, shall be recovered by deducting the amount thereof
from the compensation payable to him or otherwise recovered in ac-
cordance with section 38, unless such recovery is waived pursuant to
such section.
(b) If a partially disabled employee refuses to seek suitable work
or refuses or neglects to work after suitable work is offered to, pro-
cured by, or secured for him, he shall not be entitled to any compen-
sation.
SEC. 5.6 (a) In. any case of permanent disability which involves
solely the loss, or loss of use, of a member or function of the body, re-
gardless of whether the cause of such disability originates in a part of
the body other than such member, or involves disfigurement, as pro-
vided in the following schedule, basic compensation for such disability
shall, in addition to compensation for any temporary total or tempo-
rary partial disability, be payable to the disabled employee for the
period specified in such schedule at the rate of 662/3 per centum of his
monthly pay and shall, except as otherwise provided in subsection (b)
and in cases involving disfigurement, be in lieu of compensation for
such permanent disability under the preceding sections of this Act:
(1) Arm lost, three hundred and twelve weeks' compensation.
(2) Leg lost, two hundred and eighty-eight weeks' compen-
sation.
(3) Hand lost, two hundred and forty-four weeks' compensa-
tion.
(4) Foot lost, two hundred and five weeks' compensation.
(5) Eye lost, one hundred and sixty weeks' compensation.
(6) Thumb lost, seventy-five weeks compensation.
(7) First finger lost, forty-six weeks' compensation.
(8) Great toe lost, thirty-eight weeks' compensation.
(9) Second finger lost, thirty weeks' compensation.
(10) Third finger lost, twenty-five weeks' compensation.
(11) Toe other than great toe lost, sixteen weeks' compensation.
(12) Fourth finger lost, fifteen weeks' compensation.
(13) Loss of hearing: (A) Complete loss of hearing of one
ear, fifty-two weeks' compensation; (B) complete loss of hearing
of both ears, two hundred weeks' compensation.
(14) Binocular vision or percentage of vision: Compensation
for loss of binocular vision or for 80 per centum or more of the
vision of an eye shall be the same as for the, loss of the. eye.
(15) Phalanges : Compensation for loss of more than one
phalanx of a digit shall be the same as for loss of the entire digit.
,Amended October 14, 1949 (c. 691, 63 Stat. 855)?; September 13, 1960 (74 Stat. 907).
For effective dates of the amendments see the appropriate sections in Parts I and II, infra.
The 1960 amendments inserted the phrase "regardless of whether the cause of such dis-
ability originates in a part of the body other than such member."
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Compensation for loss of the first phalanx shall be one-half of the
compensation for lossof theent ire digit.
(16) Amputated am or leg: If, in the case of an arm or a leg,
the member is amputated above the wrist or ankle, compensation
shall be the same as for the. loss of the arm or leg, respectively.
(17) Two or more digits: Compensation for loss, or loss of use,
of two or more digits, or one or more phalanges of each of two or
more dig its, of a, hand cr foot, shall be proportioned to the loss of
use of the hand or foot occasioned thereby.
(18) Total loss of use: Compensation for permanent total
loss of use of a member shall be the same as for loss of the member.
(19) Partial loss or partial loss of use: Compensation for per-
manent- partial loss or loss of use of a iuember may be for propor-
tionate loss or loss of use of the member. The degree of loss of
vision or hearing tinder this schedule shall be determined without
regard to correct ion.
(20) In any case in which there shall be a loss, or loss of use, of
more than one member or parts of more than one member as enu-
merated herein, tite award of compensation shall be for (lie loss, or
loss of use, of each such member or part thereof, which awards
shall run consecutively, except that where the injury affects only
two or more digits of 17ue same hand or foot, subparagraph (1 7) of
this schedule shall appl'.=, and that where partial bilateral loss of
hearing is involved, compensation shall be contputted upon the loss
as affecting both airs.
(21) Disfigurement :Pro )er and equitable compensation not to
exceed $3,500 shall, in addition to any other compensation payable
under this schedule, be awarded for serious disfigurement of the
face, head, or neck, if of a character likely to handicap a person
in securing or maintaining employment.
(b) -Not wit list anding the provisions of subsection (a) of this sect ion
and (lie provisions of sections 3 and 4. if the injury causes the total
and permanent loss, or loss of use, of an arts, hand, leg, foot, or eye
(including loss of binocular vision), or total and permanent loss of
hearing of both cars, whether or not the disability also involves other
impairments of the body, tin individual's basic compensation for such
disability, in addition to compensation for periods of tent torary total
yr temporary partial disability, shall be 66% per cettttun of his monthly
pay for the period specified for such loss. or loss of use, in the schedule
to subsection (a) of this sectson (including paragraphs (16) and (20)
thereof), and with respect to any subsequent period shall be as pro-
vided in section 3 if the dirt )ilit y is total or as provided in subsection
(a) of section 4 if the disability is partial.
(c) The period of rotnpensation payable under (lie schedule to sub-
ccount of any injury shall be reduced
section (a) of this sect ion o-t account,
by the period of r(tu),ensat ion paid or payable tutder such schedule on
account of a prior injury if c)mpensat ion in both cases is for disability
of the same member or Iunction, or different parts of the same member
or function, or for disfigurement, and the Secretary finds that rompen-
sation payable on account of the subsequent disability in whole or in
part would duplicate the compensation payable on account of the pre-
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existing disability. In such cases, for the purposes of disabilities
specified in subsection (b), compensation for disability continuing
after the scheduled period shall commence upon expiration of such
period as reduced under this subsection.
(d) (1) If an individual who has sustained disability compensable
under subsection (a) (including any disability compensable under the
schedule to subsection (a) by virtue of subsection (b) ), and who has
filed a- valid claim in his lifetime, dies, from causes other than. the
injury, before the expiration of the compensable period specified in
such schedule, the compensation specified in such schedule and unpaid
at the individual's death, whether or not accrued or die at his death,
shall be paid, under an award made before or after such death, for
the period specified in such schedule, to and for the benefit of the
persons then in being within the classes and in the proportions and
upon the conditions specified in this subsection and in the order named :
(A) to the widow (as defined in section 10(11)) or wholly de-
pendent widower (as specified in section 10(13)), if there is no
child (as so defined) under the age of eighteen or incapable of
self-support; or
(B) if there are both such a widow or widower and such a
child or children, one-half to such widow or widower and the other
half to such child or children; or
(G) if there is no such widow or widower but such a child or
children., then to such child or children; or
(I)) if there is no survivor in the above, classes, then to the
parent or parents wholly or partly dependent for support upon
the decedent, or to other wholly or partly dependent relatives
listed in section 10(F), or to both, in such proportions as may be
provided by regulation; or
(E) if there is no survivor in any of the above classes, and no
burial allowance is payable under section 11, then such amount,, not
exceeding the amount which would be expendable under section
11 if such section were applicable, shall be paid to reimburse any
person or persons, equitably entitled thereto, to the extent and in
the proportions that they shall have paid the expenses of burial
of such disabled individual., but no compensated insurer or other
person obligated by law or contract to pay such expenses, and no
State or political subdivision or entity, shall be deemed so equi-
tably entitled.
(2) Except for the amount of such compensation payable with re-
spect to any period preceding the disabled individual's death, the
payments to be made under paragraph (1) shall be at the basic rate
of compensation for permanent disability specified in subsection (a)
of this section, even if at the time of such death the decedent was
entitled to the augmented rate specified in section 6(a).
(3) (A) The right of any surviving beneficiary listed in paragraph
(1) to any payment pursuant to this subsection, except a beneficiary
under clause (E) thereof, shall be conditioned upon his being alive
to receive such payment and no such beneficiary shall. have a vested
right to any such payment.
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(13) The enti(lement of any beneficiary to payments under clauses
(A) to (P) of paragraph (1) shall cease upon the happening of
any event which would terminate the right, of such beneficiary to
compensation for dearth under section 10. U )on the cessation o? the
ent.i(lenient of any beneficiary under such clauses (A) to (D), the
compensat ion remaining unpaid under paragraph (1) which would
have been payable to him had such entitlement continued shall be
payable to the surviving beneficiary or beneficiaries, if any, within
eneficiary or bene-
the same class or, if there are none, then to the beneficiary'
ficiaries next, entitled to pr'ority under such paragraph.
Ai-CIIENTED COMPENSATION FOR DEPENDENTS, MAXIMUM AND MINIMUM
('OMPENSATiON, A'1TENDANTS ALLOWANCE, AND SO FORTH
SEc. 0.' (a) (1) While the disabled employee has one or more de-
pendents, his basic compensation for disability payable under sec-
tion 3 or sect ion 5(a) (including rom)x'nsation payable under the
schedule to sect ion 5(a) by virtue of section 5(b)) shall be augmented
at the rate of 8I/) per cent.um of his monthly pay, and his basic com-
pensation for disability paya*)le under section 4(a) shall he augmented
at. the rate of ?1, per cent inn of (lie difference between his monthly
pay and his monthly wage-earning capacity: Pi-'ovkled, That for any
period of temporary total disability the augmentation of his basic
compensation for disability payable under section 3 shall lie limited
to t11at part. of his monthly pay which is not, in excess of $420.
(2) As used in this subsection, the term "dependent" shall )wean
any of the following:
(A) A wife, if (i) she is a member of the same household as
the employee or is receiving regular contributions from him to-
ward her support, or (ii) he has been ordered by any court to
contribute to her support.
(B) A husband, if wholly dependent by reason of his own
physical or mental disability upon the employee for support.
(C) An unmarried child'(as defined in section 10(11) ), while
such child (i) is under eighteen years of age or, if over eighteen,
is incapable of self-support. by reason of mental or physical dis-
ability, and (ii) is livings with the employee or receiving regular
contributions toward h' support from the employee.
(D) A parent (as defined in section 1t)(11) ), while wholly de-
pendent upon and supported by the employee.
(b) (1) In addition to the monthly compensation otherwise speci-
fied in this Act, the Secretary may pay an injured employee, who
has been awarded compensation , an additional suns of not inure than
$125 a month, as the Secretary may (deem necessary, when the Secre-
tary shall find that the service of art attendant is necessary constantly
to be used by reason of the cunployec's being totally blind, or having
lost both lhands or both fee: or the use thereof, or being paralyzed
and unable to etalk, or by reason of other disability resulting Ironi
Amended February 12. 1927 (c. 110, arc. 1. 44 Slat. 1046) May 13. 1086 (c.
382,
49
Slat. 1270) : October 14, 1949 (c. 601. sec. 105, 63 Stat. 558) ? September 13,
1960
(74
The 1960 nmendmcntx raised the amounts stated in subsectlon (b)
DOG)
Stilt
(1)
and
.
.
(2) and subsection (e) from $75, $50, and $112.50, respectively. For eTuetive date
Pice the appropriate section In Part I. infra.
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the injury actually rendering him so helpless as to require constant
attendance.
(2) The Secretary may pay to any disabled individual who is under-
going vocational rehabilitation pursuant to the Secretary's direction
under section 9 (b) additional compensation necessary for his mainte-
nance, but not to exceed $100 per month.
(c) Except as otherwise authorized under section 42, the monthly
rate of compensation for disability, including any augmented com-
pensation payable by reason of subsection (a) but not including any
sum payable by reason of subsection (b), shall not be more than
$525 per month and in cases of total disability shall not be less than
$180 per month, unless the employee's monthly pay is less in which
case his monthly rate of compensation for total disability shall be
equal to his full monthly pay.
(d) (1) In the case of any person who at the time of the injury was a
minor or employed in a learner's capacity and who, prior to the injury,
was not physically or mentally handicapped, the Secretary shall, on
any review under section 37 after the time when the wage-earning
capacity of such person would probably, but for the injury, have in-
creased, prospectively recompute the monetary compensation payable
for disability on the basis of an assumed monthly pay corresponding to
such probable increased wage-earning capacity. The Secretary may,
on any review under section 37 after a disabled employee has attained
the age of seventy years and the wage-earning capacity of the disabled
employee would probably, aside from and independently of the effects
of the injury, have decreased on account of old age, prospectively re-
compute the monetary compensation payable for disability on the basis
of an assumed monthly pay corresponding to such probable decreased
wage-earning capacity.
(2) If a disabled individual, without good cause, fails to apply for
and undergo vocational rehabilitation when so directed pursuant to sec-
tion 9 (b), and the Secretary, upon review under section 37, finds that, in
the absence of such failure the individual's wage-earning capacity
would probably have substantially increased, the Secretary may pro-
spectively reduce the individual's monetary compensation in accord-
ance with what would probably have been his wage-earning capacity
in the absence of such failure, until the individual in good faith com-
plies with the Secretary's direction.
OTHER PAYMENTS AND EXCLUSIVENESS OF REMEDY
SEC. 7.$ (a) That as long as the employee is in receipt of compensa-
tion under this Act, or, if he has been paid a lump sum in. commutation
of installment payments, until the expiration of the period during
which such installment payments would have continued, he shall not
receive from the United States any salary, pay, or remuneration what-
soever except in return for services actually performed, and except
pensions for service in the Army or Navy of the United States: Pro-
vided, That eligibility for or receipt of benefits under the Civil Service
s Amended July 1, 1944 (c. 373, 58 Stat. 712) ; October 14, 1949 (c. 091, 63 Stat. 8111)
September 13, 1960 (74 Stat. 907). For effective dates of the 19110 amendments per-
niitting payment of schedule awards and retirement benefits and for effective date of
provisions pertaining to election of benefits see the appropriate sections in Part I, infra.
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Retirement Act shall in no way impair the employee's right to receive
compensation for scheduled dsabilitiesspecified in section 5(a) of this
Act : Peuuided f ur?ther?, That whenever any person is entitled to receive
any- benefits under this Act b} reason of his injury, or by reason of the
death of an employee, as defined in section 40, and is also entitled to
receive from the United States any payments or benefits (other than the
proceeds of any insurance policy), by reason of such injury or death
under any other Act of Congress, because of service by him (or in the
case of death, by (lie deceased l as an employee, as so delisted, or because-
of service by Binh (or in the case of death, by the deceased) in the Armed
Forces of the United States, inch person shall elect which benefits he
shall receive. Such election -3hall be made within one year after the
injury or death, or such further time as the Secretary may for good
cause allow, and when made ;hall be irrevocable unless otherwise pro-
vided by law.
(b) The. liability of the United States or any of its instrumentalities
under this Act or any extension thereof with* espect to (lie injury or
death of an employee shall be exclusive, and in place, of all other
liability of the United States or such instrumentality to the employee,
his legal representative, spouse, dependents, next of kin, and anyone
otherwise entitled to recover damages from the United States or such
instrumentality, on account of such injury or death, in any direct
judicial proceedings in a civil action or in admiralty, or by proceedings,
whether administrative or judicial, under any other workmen's coni-
pensation law or under any Federal tort liability statute: Provided,
however, That this subsectior shall not apply to a master or a member
of the crew of any vessel.
SEC. 8.? If at the time the disability begins the employee has annual
or sick leave to his credit. lie may use such leave until it is exhausted,
in which case his compensation for disability shall not begin, and the
time periods specified in section ? shall not begin to run, until the
annual or sick leave has ceased.
MEDICAL, ETC., SERVICES
SEC. 9.10 (a) That for any injury sustained by, an employee while
in the performance of duty, whether or not disability has arisen, and
notwithstanding that the employee has accepted or is entitled to
receive benefits under the Civil Service Retirement- Act, the United
States shall furnish to the employee all services, appliances, and sup-
plies prescribed or reco)mnended by duly qualified physicians which, in
the opinion of the Secretary. are likely to cure or to give relief or to
reduce the degree. or the perincl of disability or to aid in lessening the
amount of the. monthly conipensat ion. Such services, appliances, and
i Amended October 14. 1949 (c. 691 63 Stitt. 834).
1? Amended June 26, 1926 (c. 695, 44 Stitt. 772) : October 14. 1940 (c. 1191, 63 Stitt. $62)
September 1.3. 1660 (74 Stat. 9n7). Thn lnet sentence In sec. 9(a) added by the Act of
June 26. 1920 validated awards theretofore made and was a transitional provision. The
Commission referred to is the former United States ELUI Ii yeCS' Compeasntinn Commission.
See note 1. The 1960 atnemlmenta Inserted after the word "arisen" in the first sentence
the phrase beginning "and not withstanding" and ending "Civil Service Retirement Act."
For effective date of the amendment eve the appropriate se.?tion In Part I, infru.
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supplies shall. be furnished by or upon the order of United States
medical officers and hospitals, but where this is not practicable they
shall be furnished by or upon the order of private physicians and
hospitals designated or approved by the Secretary. For the securing
of such services, appliances, and supplies, the employee may be fur-
nished transportation, and may be paid all expenses incident to the
securing of such services, appliances, and supplies, which, in the
opinion of the Secretary, are necessary and reasonable. All such ex-
penses when authorized or approved by the Secretary shall be paid
from the employees' compensation fund. The Secretary may, under
such limitations or conditions as he shall deem necessary, authorize
employing establishments of the United States to provide for the
initial furnishing of medical and other benefits under this section
and the Secretary may certify for payment out of the Employees'
Compensation Fund vouchers for expenses thus incurred for such
benefits, upon certification by the person required by section 24 to
make reports of injury that the expense was incurred in respect to
injury which was accepted by the employing establishment as probably
compensable under this Act. The form and content of such certifica-
tion shall be prescribed by the Secretary. Any award heretofore made
by the Commission on account of expenses incurred under section 9 of
the Act of September 7, 1916, prior to the passage of this Act, shall
be valid, if such award would be valid if made on account of expenses
incurred under this section after the passage of this Act.
(b) The Secretary may direct any permanently disabled individual
whose disability is compensa.ble under this Act to undergo vocational
rehabilitation and shall make provision for furnishing vocational
rehabilitation services in such cases. In providing for such services,
the Secretary shall, insofar as practicable, utilize the services or facil-
ities of State agencies (or corresponding agencies in Territories or
possessions) cooperating with him in carrying out the purposes of the
Vocational Rehabilitation Act, as amended, except to the extent that
the Secretary provides for furnishing such services under subsection
(a) of this section. The cost of providing such services to individuals
undergoing vocational rehabilitation pursuant to such direction shall
be paid from the employees' compensation fund, except that in reim-
bursing any State agency (or corresponding agency of a Territory or
possession) under any arrangement pursuant to this subsection there
shall be excluded any cost to such agency reimbursable in full under
section 3(a) (4) of the Vocational Rehabilitation Act, as amended.
SEC. 10.11 That if death results from the injury the United States
shall pay to the following persons for the following periods a monthly
compensation equal to the following percentages of the deceased em-
ployee's monthly pay:
U Amended February 12, 1927 (c. 110, 44 Stat. 1086) ; July 28, 1945 (c. 328, 59 Stat.
503) ; October 14, 1949 (c. 691, 63 Stat. 854) ; September 13, 1960 (74 Stat. 906). The
1960 amendments raised the amount in (K) from $150. For effective date see appropriate
section in Part I, infra.
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(A) To the widow, if tlie-c is no child, ?15 per centum. This coin-
pensation shall be paid until her death or marriage.
(I3) To (lie widower, if there is no child, -15 per centum if wholly
dependent for support, by reason of his physical or utcntal disal,ility.
upon the deceased employee at (lie tithe of her death. This compen-
sation shall be paid until hit death or marriage or until he becomes
capable of self-support.
(C) To the widow of widower, if there is a child, 40 per centum
and in addition thereto 15 per cent 11111 for each child, not to exceed
a total of 75 pet- cent tutu for such widow or widower and children. I'll(-
compensation payable on account of any child shall (rase when lie
(lies, marries, or reaches t.h:. age of eighteen, or, if over eighteen,
and incapable of self-support, becomes capable of self-support.
(D) To the children, if there is no widow or widower, :35 per cent um
for one child and 15 per centum additional for each additional child,
not to exceed a, total of 75 per rentinn, divided among such children
share and share alike. The ~com sensation of each child shall be paid
instil lie dies, marries, or reaches (lie age of eighteen, or, if over eighteen
and incapable of self-support, becomes capable of self-support.
(E) To the parents, i f one. is wholly dependent for support upon the
deceased employee at the lime of his death and the other is not de-
pendent to any extent, 25 per cetttum; if bout are wholly dependent,
20 per centum to each; if one is or both are partly dependent, a pro-
portionate amount in the dirtretion of (lie Secretary.
The above percentages shall he paid if there is no widow, widower,
or child. If there is a, widow, widower, or child, there shall be paid
so much of the above perce Rages as, when added to the total per-
centages payable to the widow, widower, and children, will not exceed
a total of 75 per cent lull.
(F) To the brothers, sisters, grandparents, and grattdcltildrett, if
one is wholly dependent upon the deceased employee for support at
the t.inte of his death, 20 per cent ant to such dependent ; if wore than
one are wholly dependent, :30 per centum, divided among such de-
pendents share and share alike; if there is no one of them wholly
dependent, but one or more partly dependent, 10 per centum divided
among such dependents share and share alike.
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The above percentages shall be paid if there is no widow, widower,
child, or dependent parent. If there is a widow, widower, child, or
dependent parent, there shall be paid so much of the above percent-
ages as, when added to the total percentage payable to the widow,
widower, children., and dependent parents, will not exceed a total of
75 per .centum.
(G) The compensation of each beneficiary under clauses (E) and
(F) shall be paid from the time, of death, until he, if a parent or
grandparent, dies, marries, or ceases to be dependent, or, if a brother,
sister, or grandchild, dies, marries, or reaches, the age of eighteen, or
if over eighteen and incapable of self-support, becomes capable of
self-support.
(II) As used in this section, the term "child" includes stepchildren,
adopted children, and posthumous children, but does not include
married children. The terms "brother" and "sister" include step-
brothers and stepsisters, half brothers and half sisters, and brothers
and sisters by adoption, but, do not include married brothers or mar-
ried sisters. All of the above terms and the term "grandchild" include
only persons who at the time of the death of the deceased employee
are under eighteen years of age or over that age and incapable of
self-support. The term "parent" includes stepparents and parents
by adoption. The term "widow" includes only the decedent's wife
living with or dependent for support upon him at the time of his
death or living apart for reasonable cause or by reason of his desertion.
(I) Upon the cessation of compensation under this section to or
on account of any person, the compensation of the remaining persons
entitled to compensation for the unexpired part of the period during
which their compensation is payable shall be that which such persons
would have received if they had been the only persons entitled to
compensation at the time of the decedent's death.
(J) In case there are two or more classes of persons entitled to
compensation under this section and the apportionment of such com-
pensation, above provided, would result in injustice, the Secretary
may, in his discretion, modify the apportionment to meet the require-
ments of the case.
(K) In computing compensation under this section the monthly
pay shall be considered not to be less than $240, but the total monthly
compensation shall not exceed the monthly pay computed as provided
in -section 12 or the sum of $525.
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(L) If any person entitled to compensation under this section or
section 5 or 6, whose compensation by the terms of this or of such
other section ceases or is to be reduced upon his marriage or upon
the marriage of his dependent, accepts after such marriage any pay-
ments or compensation to which he is not entitled, Ile shall $e punished
by a fine of not more than .$2,000 or by imprisonment for not more than
one year, or by both such line andVimprisonment.
L'U1t1 %L, FTC., EXPENSES
SEC. 11.12 If death results from the injury the United States shall
pay, to the personal representative of the deceased employee or other-
wise, funeral and burial expenses not to exceed $800, in the discretion
of the Secretary. In the case of an employee whose home is within
the United States, if his death results from the injury while he is
away from his bonie or ofli vial station or is outside of the United
States, or if his death results from other causes while lie is away front
his home or official station for the purpose of receiving medical or other
services, appliances, or sup flies under section 9 or examination under
section 21, and if so desired Ly his relatives, the body shall, in the dis-
cretion of the Secretary, be embalmed and trans ported in a lrerineti-
cally sealed casket to the Ronne or last place of residence of the employee
at the expense of (lie employees' compensation fund. If, in such cases,
request for return of the body is not made by the (lecendent`s relatives,
the Secretary may provide fo: the disposition of the remains and incur,
and cause payment from th etajiloyces' compensation fund of, such
necessary transportation, funeral, and burial expenses as under the
circumstances shall he reasonable.
SEC. 12." (a) In computing monetary compensation for disability
or death upon the basis of monthly pay, such )iay shall be determined
in accordance with the provisions of this sect ton.
(b) The value of subsistence and quarters, and of any other form
of remuneration in kind for services if its value can be estimated in
money, shall be included as part of the pay. Overtime pay, or addi-
tional pay or allowance authorized outside the United States because
of difl'eietititil in cost of living or other special circumstance, or bonus
or premium pay for extraordinary service (including amounts paid as
bonus for particularly hazardous service in Lilac of war) shall not
be taken into account. The term "overtime pay," as used in this sub-
section, means pay for hours of service in excess of those of a statutory
or other basic workweek, or other basic unit of work time, as observed
by the establishment in which the employee is employed.
(c) (1) The monthly pay at the titre of injury shall be deemed
to be one-twelfth of the employee's average annual earnings at that
1= Amended February 12, 1027 (c. 110. 44 Stet. 1086) ; July 2R. 1945 fe. 328. 59 Stat.
b03) . October 14. 1949 (c. 691. 03 :Stet. 854: September 13. 1960 (74 Stat. 906). The
1090 amendments ruffed the amount f,um $400 to $800.
Amendod October 14. 1949 ic. (;9:. G3 Stat. 854). See Act of October 28, 1940 (e. 782.
Ga mat. 972).
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Lime; except that when compensation is paid upon a weekly basis, the
weekly equivalent of such monthly pay shall be deemed to be one-
fifty-second of such average annual earnings : Provided, That, for so
much of the period of total disability as does not exceed ninety calen-
dar days from the date of the beginning of compensable disability,
the compensation may, in the discretion of the Secretary, be computed
on the basis of the employee's actual daily wage at the time of injury
and in that event he may be paid compensation for such days as he
would have worked but for the injury.
(2) Average annual. earnings shall be determined as follows:
(A) If the employee worked in the employment in which he
was working at the time of his injury during substantially the
whole of the year immediately preceding such injury, his average
annual earnings shall consist of the product obtained by multiply-
ing his daily wage for the particular employment, or the average
thereof if the daily wage has fluctuated, by three hundred if he
was employed on the basis of a six-day workweek, two hundred
and eighty if employed on the basis of a five-and-one-half-day
week, and two hundred and sixty if employed on the basis of a
five-day week, except that if the employment was in a position for
which an annual rate of compensation was fixed, such average
annual earnings shall consist of such annual rate of compensation.
(B) If the injured employee did not work in such employment
during substantially the whole of such year, but the position was
such as would have afforded employment for substantially a whole'
year, then the average annual earnings of such employee shall be
equal to the average annual earnings of an employee of the same
class working substantially the whole of such immediately preced-
ing year in the same or similar employment by the United States
in the same or neighboring place, as determined in accordance
with clause (A).
(C) If either of the foregoing methods of determining the aver-
age annual earnings of an injured employee cannot reasonably and
fairly be applied, such average annual earnings shall be such sum
as, having regard to the previous earnings of the injured employee
in Federal employment, and of other employees of the United
States in the same or most similar class working in the same or
most similar employment in the same or neighboring locality, or to
other previous employment of such employee, or to any other
relevant factors, shall reasonably represent the annual earning
capacity of the injured employee in the employment in which he
was working at the time of the injury: Provided, That his average
annual earnings shall consist of not less than one hundred and
fifty times the average daily wage which he shall have earned in
such employment during the days when so employed within the
period of one year immediately preceding his injury.
(D) Such rules shall, so far as practicable, be also applied in the
case of an employee serving without pay or at nominal pay : Pro-
vided, That (i) the average annual earnings of such employee shall
in no event exceed the basic rate of annual compensation specified
under the Classification Act of 1949, as amended, for positions
in grade GS-15 at the bottom of such grade, and (ii) if his average
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annual earnings cannot reasonably and fairly be determined in the
manner otherwise provi?lecl in this section,such average annual
earnings shall be determined at the reasonable value of the Seri-ice
rendered but not in exce=ss of $3,CO() per annum.
(d) As used in this sect ion the term ``year" means a period of twelve
calendar months, or the equivalent thereof as specified in regulations
issued by the Secretary.
SEC. 13.'{ (a) In the determination of an employee's wage-earning
capacity after the beginning. f part ill] disability, the rules specified in
section 12(b) shall apply.
(b) The, wage-eariungcap-iciiy of an injured employee, in deterniili-
ing compensation for partial disability other than permanent partial
disability conipensable under section'5, shall be determined by his
actual earnings if such actual earnings fairly and reasonably represent
his wage-earning capacity: Provided. ho?rcrcr. That if the employee
has no actual earnings, or his actual earnings do not fairly and reason-
ably represent his wage-earning capacity, such wage-earning capacity
as shall appear reasonable under the circumstances of the case shall be
determined, having due regard to the nature of his injury, the degree
of physical impairment, his usual employment. his are, Ins qualifiea-
lions for other employment, the availability of suitable employment,
and any other factnis or rn'culnstauces in the case which may affect his
capacity to earn wages in his disabled condit ion.
SEC. 1=1''' That in cases of death or of permanent total or permanent
partial disability, if the monthly payment to the beneficiary is less than
partial
a month, or if the beneficiary is or is about to become a nonresident
of the United States, or if the Secretary determines that it is for the
best interest of the beneficiary, the liability of the ITnited States for
compensation to such beneficiary may be discharged by the payment of
a lump sum equal to the prv nt value of all future payments of
compensation computed at 4 per cent um t rue discount compounded an-
nually. The probability of the beneficiary's death before the expiration
of the period dining tivtiicl? lie is entitled to compensation shall be deter-
mined according to the American Experience Table of Mortality; but
in case of compensat ion to Cie widow or widower of the deceased em-
ployee, such lump sum shall not exceed sixty months compensation.
The probability of (lie happening of any other contingency affecting
the amount or duration of the coinp ensat ion shall be disregarded.
SEC. 15.'o Tltat every employee injured in the Performance of his
duty, or some one on his behalf, shall, within forty-eight hours after
ra Amcndcd octuber 14. 1949 (c. Pal, 63 Stal. S54) : September 13, 1960 (74 Stat. 90S).
For effect on lump-Kum setIiements of Civil Service Retirement Annuity see p. 58.
1e See note 20 to see. 20. See also see. 3031f)(2) of the Federal Employees' Compensa-
tion Act amendment- of 1949 (e. 891. 63 Sint. 8541 set out in Part IT, p. 31, infra.
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the injury, give written notice thereof to the immediate superior of
the employee. Such notice shall be given by delivering it personally
or by depositing it properly stamped and addressed in the mail.
SEC. 16. That the notice shall state the name and address of the
employee, the year, month, day, and hour when and the particular
locality where the injury occurred, and the cause and nature of the
injury, and shall be signed by and contain the address of the person
giving the notice.
COMPENSATION WITHHELD, WHEN
SE c. 1714 That unless notice is given within the time specified or
unless the immediate superior has actual knowledge of the injury,
no compensation shall be allowed, but for any reasonable cause shown,
the Secretary may allow compensation if the notice is filed within one
year after the injury.
SEC. 18.18 That no compensation under this Act shall be allowed to
any person, except as provided in section 38, unless he or some one on
his behalf shall, within the time specified in section 20, make a written
claim therefor. Such claim shall be made by delivering it at the office
of the Secretary or to any person whom the Secretary may by regula-
tion designate, or by depositing it in the mail properly stamped and
addressed to the Secretary or to any person whom the Secretary may
by regulation designate.
FORMS
SEC. 19.19 That every claim shall be made on forms to be furnished
by the Secretary and shall contain all the information required by the
Secretary. Each claim shall be sworn to by the person entitled to
compensation or by the person acting on his behalf, and, except in case
of death, shall be accompanied by a certificate of the employee's physi-
cian stating the nature of the injury and the nature and probable extent
of the disability. For any reasonable cause shown the Secretary may
waive the provisions of this section.
SEC. 20.2? That all original claims for compensation for disability
shall be made within sixty days after the injury. In cases of latent
disability due to radiation or other causes, the time for filing claim
shall not begin to run until the employee has a compensable disability
17 See note 16, supra.
18 See note 16, supra.
19 See note 16, supra.
20 Amended June 13, 192.2 (c. 219, 42 Stat. 650) ; July 28, 1945 (c. 328, 59 Stat. 503)
September 13, 1960 (74 Stat. 908). The amendment of July 28, 1945 added the sentence
beginning with the word "Failure" and was retroactive to all cases where the injury
occurred on or after December 7, 1940. The amendment of September 13, 1960 added the
sentence beginning "In case of latent disability." See also note 16. For effective date of
1900 amendments see the appropriate section of Part I, infra.
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and is aware, or by the exercise of reasonable diligence should have
been aware of the causal reb:tionsliip of the coutpensable disability to
his employment : Provided. That the time for giving notice of injury
in such cases shall begin to run as soon as the employee is aware, or
in the exercise of reasonable diligence should have been aware, that
his condition is causally related to his employment, regardless of
whether or not there is a tout ensable disability. All original claims
for compensation for dent ii shall be made within one year after the
death. For any reasonable cause shown the Secretary may allow
original claims for compensation for disability to be made at and= time
within one year. Failure to give notice of injury or to file clauti for
compensation for disabilit v or death within the ( iiue and in (lie manner
prescribed by Ihis Act shall i of bar the claim of any person thereunder
if such claim is filed within five years after the injury or death and if
the Secretary shall find i 1) that such failure was due to circumstances
beyond the control of the person claiming benefits, or (2) that such
person has shown sufficient cause or reason in explanation thereof, and
material prejudice to the interest of thie1"nited States has not resulted
from such failure; and upon such finding the Secretary may waive
compliance with the applicable provisions of the Act.
SEc. 21.21 That after the injury the employee shall, as frequently
and at such times and places as may he reasonably required, submit
himself to examination ~hy a medical'of9icer of the 1"nited States or by
a duly qualified physician designated or approved by the Secret;u?v.
The employee may have a duly qualified physician designated and
paid by him present to participate in such examination. If the ciii-
ployce refuses to submit himself for or in any way obstructs an%,
examination, his right to claim compensation tinder this Art shall be
suspended until such refusal or obstruction ceases. -No compensation
shall be arable while such refusal or obstruction continues, and the
period of such refusal or obstruction shall be deducted from the period
for which compensation is payable to him.
For any examination required by the Secretary the employee shall
be paid all expenses incident to such examination which, in the opinion
of the Secretarare iiere;ssni? ? and reasonable, inclndill" triuisporta
tion and loss of wages iiieurr~d in order to submit to examinat ion. All
such expenses when autllori2ed or approved by the Secretary shall be
paid front the employees' compensat (on fund.
Smc. 22.22 That in vase of any disagreenient between the physician
making an examination on the part of the Fsited States and the em-
ployee's physician the Secre-ar_y shall appoint a third physician duly
qualified, who shall stake an ~xainintt ion.
=' Amended .June 26. 1926 (e. 695.44 Slat. 772).
See nut" 5. aupru.
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SEC. 23.23 (a) Fees or examinations made on the part of the United
States under sections 21 and 22 by physicians who are not officers or
employees of the United States and not under contract to the United
States to render medical services to its employees shall be fixed by
the Secretary. Such fees, and any sum payable to the employee
under section 21, which authorized or approved by the Secretary, shall
be paid from the Employee's Compensation Fund.
(b) A claimant may be represented before the Secretary in any
proceeding under this Act by any person duly authorized by such
claimant. No claim for legal services or for any other services
rendered in respect of a case, claim, or award for compensation under
this Act, to or on account of any person, shall be valid unless approved
by the Secretary. Any person who receives any fee or other con-
sideration, or any gratuity on account of services so rendered, unless
such fee, consideration, or gratuity, is so approved, or who solicits
employment for himself or another in respect-, of any case, claim, or
award for compensation under (or to be brought under) this Act shall
be guilty of a misdemeanor and upon conviction thereof shall, for
each offense, be punished by a fine of not more than $1,000 or by im-
prisonment not to exceed one year, or by both such fine and
imprisonment.
(e) If any person in proceedings before the Secretary or his duly
authorized representative disobeys or resists any lawful order or
process, or misbehaves during a hearing or so near the place thereof as
to obstruct the same, the Secretary or his duly authorized representa-
tive shall certify the facts to the district court having jurisdiction in
the place in which he is sitting (or to the district court of the United
States for the District of Columbia if lie is sitting in such district)
which shall thereupon in a summary manner hear the evidence as to
the acts complained of, and if the evidence so warrants, punish such
person in the same manner and to the same extent as for a contempt
committed before the court., or commit such person upon the same
conditions as if the doing of the forbidden act had occurred with
reference to the process of or in the presence of the court.
SEC. 24.24 (a) That immediately after an injury to an employee
resulting in his death or in his probable disability, his immediate
superior shall make a report to the Secretary containing such informa-
tion as the Secretary may require, and shall thereafter make such
supplementary reports as the Secretary may require.
(b) Whoever, being an officer or employee of the United States
charged with the responsibility for making the reports specified in
subsection (a), willfully fails, neglects, or refuses to make any such
report or knowingly files a false report, or induces, compels, or directs
an injured employee to forego filing of any claim for compensation
or other benefits provided under this Act or any extension or appli-
2' Amended June 26, 1920 (c. 695, 44 Stat. 772) ; October 14, 1949 (c. 691, 63 Stat. 854).
21 Amended September 13, 1960 (74 Stat. 908) by the addition of subsection (b).
041272-62-3
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cation thereof, or willfully retains any notice, report, claim, or paper
which is required to be filed -under this Act or any extension or appli-
cation thereof, or regulations promalgated tliereunder shall be guilty
of a misdemeanor and upon conviction thereof shall be fined not more
than $500 or imprisoned not more than one year. or both.
ASFU(aNMENTS, E'r4'.
SEC. 25. That any assignment of a claim for compensation under
this Act shall be void and all cons sensation and claims therefor shall
he exempt from all claims of creditors.
Svc. 26. If any injury or death for which ctompensation is payable
tinder this Art is caused under circumstances creating a legal liability
tipon some person other than the United States to pay damages there-
for, lire Secretary may require the beneficiary to assign to the I"Ilitetl
States any right of action lie may have to enforce such liability of
such oilier person or any right which he may have to share in any
nioney or other property received in satisfaction of such liability of
such other person, or the Secretary may require said beneficiary to
prosecute said action in his own name. Any employee who is required
to appear as a party or witness in the prosecution of said action while
so engagers, in an active duty status.
If the beneficiau'v shall refuse to make such assignment or to prose-
cute said action in his own name when required by the Secretary, lie
shall not he entitled to any ccnlpensat ion under this Act.
The cause of action her assigned to the United States may be
prosecuted or compromised by the Secretary. and if the Secretary
realizes upon such cause of action he shall apply the, money or other
properties so received in the following manner: After deducting the
amount. of any com pensatkm already paid to the beneficiary and the
expenses of such realization or collection, which shin shall be placed to
tile. credit of file employees' compensation fund. file surplus, if any,
shall he paid to the lxviteficiary and credited upon any future pay-nelits
of compensation payable to Lim on account of the same injury.
SEC. 27. That if an injury or death for which compensation is
payable under this Act is caused ruiner circumstances creating a legal
liability ill some person other than the United States to pay damages
therefor, and a beneficiar entitled to compensation from the United
States for such injury or c ca?h receives, as A result of at suit brought by
him or on his behalf, or as a result of a setilement made by hint or on
his behalf, any money or other property in satisfaction of the liability
of such other person, such beneficiary shall, after deducting the costs
of suit and a reasonable at torney"s fee, apply the money or other prop-
erty so received in the following manner:
'z Amended S,-ptember 13. 1960 (7?1 slat. 008) by the addition of (he last sentence of the
first paragraph.
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(A) If his compensation has been paid in whole or in part, he shall
refund to the United States the amount of compensation which has
been paid by the United States and credit any surplus upon future
payments of compensation payable to him on account of the same
injury. Any amount so refunded to the United States shall be placed
to the credit of the employees' compensation fund.
(B) If no compensation has been paid to him by the United
States, ".he shall credit the money or other property so received upon
any compensation payable to him by the United States on account
of the same injury.
SEC. 28.213 This Act shall be administered by the Secretary. The
Secretary is authorized to delegate to any officer or employee of
the Department of Labor any of the powers conferred upon him by
this Act.
SEC. 28a.27 The Secretary may obtain.,- in all cases, in addition 'to
the reports provided in section 24, such information and such re-
ports from employees of the departments as may be agreed upon
by the Secretary and the heads of the respective departments.
POWERS AS TO WITNESSES
SEC. 29.28 That the Secretary, shall have power to issue subpoenas
for and compel the attendance of witnesses within a radius of one
hundred miles, to require the production of books, papers, docu-
ments, and other evidence, to administer oaths, and to examine wit-
nesses, upon any matter within the jurisdiction of the Secretary.
SEC. 30.29 That the Secretary shall have such assistants, clerks,
and other employees as may be from time to time provided by Con-
gress. They shall be appointed from lists of eligibles to be supplied
by the Civil Service Commission, and in accordance with the civil-
service law.
REPEAL-ANNUAL ESTIMATES
SEC. 31.30 Repealed.
RULES, REGULATIONS, ETC.
SEC. 32.31 That the Secretary is authorized to make necessary rules
and regulations for the enforcement of this Act, and shall decide all
questions arising under this Act.
-a Amended October 14, 1949 (c. 691, 63 Slat. 854). Sec also notes 1 and 5, supra.
See note 5, supra.
-9 Sec note 5, supra.
-0 See note 5, supra.
30 Repealed September 12, 1950 (c. 946, 64 Slat. 843). Section related to annual esti-
mates to be submitted to the Secretary of the Treasury of necessary appropriations.
ai The Acts of August 14, 1959 (73 Slat. 339) July 12, 1900 (74 Slat. 750) provide, in
part, as follows : "That in the adjudication of claims tinder section 42 of the said Act of
1916, for benefits payable from this appropriation, authority tinder section 32 of the Act
to make rules and regulations shall be construed to include the nature and extent of the
proofs and evidence required to establish the right to such benefits without regard to the
date of the injury or death for which claim is made." See also notes 1 and 5, supra, and
section 42, infra.
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Sr-.c. 33. (a) That the Secretary shall make to Congress at the be-
ginning of each regular session a report of his work for the pre-
Ceding fiscal year, including a detailed statement of appropriations
and expenditures' a detailed statement showing receipts of and ex-
pendittues from the ennldoyees* compensation fund, and his recom-
lnenclat ions for legisl;tl ion.
(b) 4= The provisions of section -11 of the Act of 'March 4. 1927
(c. 509, 44 Stat. I424) as amended, shall, insofar as not inapplicable,
apply in the same manner . nd to the same extent, as though such
provisions were incorporated in this Act.
(c) ag In order to reduce the number of accidents and injuries among
Government officers and eink)loyees, encourage safe practices, elintinate
work hazards and health risks, and reduce cootpcnsahie injuries, the
heads of the various depart nentS and agencies are authorized and
directed to develop, support, and foster or"ranizetl safety promotion,
and the President may also establish by Executive order a safety
council composed of representatives of Government departtttcnts amid
agencies to serve as an advisor{ body to the Secretary in furtherance
of the safety program carriefout h1? the Secretary pursuant to this
section, anon the President may undertake such other measures as he
may deem proper to prevent injuries and accidents to persons covered
by this Act. Departments and other agencies of the faired Slates
shall keep such records of injuries and accidents to persons covered
by this Act, whether or not resulting in loss of time or the ltayinent
or furnishing of benefits, and make such statistical or other reports
and upon such forms as the Secretary may by regulation prescribe.
Six. 34.31 That for the fis?-al year ending June :30, 1917, there is
hereby authorized to be appropriated, from any niouey in the Treasury
not otherwise a )propriated, the stun of $51),0t)0 for the work of the
commission, including salaries of the commissioners and of such as-
sistants, clerks, and other employees as the commission may deem
necessarv, and for traveling expenses, expenses of medical examina-
tions under sections 21 and 22, reasouahle traveling and other expenses
and loss of wages payable to employees under section 21, rent and
equipment of offices, ptu'chase of hooks, stationery, and oilier supplies,
printing and binding to be cone at the Government Printing Offic(.,
and outer necessary expenses.
'=This subsection was added by Act of December 22. 1944 tc. C44. 5S Stitt. 887). By
viriuc of the .iri of Aurnst 23, 1958 (72 Slat. S:ii) only the following language of said
sec. 41 (:1:; U.S.C. 911) remains alrpiiet bte to the 1'1?:4',1 :
"'t'he Secretary, in enforcing and administering the provisions of this section. Is anthur-
ize"d to addlttort to such other powers and duties its are conferred upon him
tt) to make studies and InvestIraIb u s with respect to safety provisions and the causes
and prevention of tniurtes in emldniments covered by this Act and from time to time
nmke to Congress such rec, mmenc anions as he may deem irrorwr as to the best taenns of
preventing such in)nrles. and in maid-ig such studies and invest Irattoos to cooperate with
any agency of the United Staiti?s or Willi u niv State agency engaged in similar work
mThts suhsection wits added by Act or Uciuber 14. 19411 (c. 691, G3 Stitt. 565).
a, l:xevuted.
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SEC. 35.35 (a) There is established in the Treasury a separate fund
lobe known as the Employees' Compensation Fund which shall consist,
of such sums as Congress may from time to time appropriate therefor
or transfer thereto anal amounts otherwise accruing thereto under this
or any other Act of Congress. Such fund including all additions that
may be made to it shall be available without time limit for the payment
of the compensation and other benefits and expenses (except admin.-
istrativo expenses) authorized by this Act or any extension or appli-
cation thereof except as may be provided by this or other Acts. The
Secretary of Labor shall submit annually to the Bureau of the Budget
estimates of appropriations necessary for the maintenance of the
Employees' Compensation Fund.
(b) The Secretary of Labor shall, prior to August 15 of each year,
furnish to each executive department and each agency or instrumen-
tality of the United States or other establishment, having employees
who are or may be entitled to compensation benefits Linder this Act
or any extension or application thereof (hereinafter called 'agen.cy'),
a statement showing the total cost of benefits and other payments
made from the Employees' Compensation Fund during the preceding
fiscal year on account of the injury or death of employees or persons
under the jurisdiction of such agency occurring after December 1,
1960. Each agency shall include in its annual budget estimates for
the next fiscal year a request for an appropriation in an amount equal
to such costs. Sums appropriated pursuant to such request shall,
within thirty days after they become available, be deposited in the
Treasury to the credit of the Employees' Compensation Fund. In the
case of any corporation or other agency which is not dependent upon
an annual appropriation, the deposit to the credit of the Employees'
Compensation Fund required by this subsection shall be made by
such agency from funds under its control. If any agency or part
thereof or any of its functions is transferred to another agency, the
cost of compensation benefits and other expenses paid from the Em-
ployees' Compensation Fund on account of the injury or death of em-
ployees of the transferred agency or function shall be included in
costs of the receiving agency.
(c) In addition to the contributions for the maintenance of the
Employees' Compensation Fund required by this section, any mixed
ownership corporation as defined in section 201 of the Government
Corporation Control Act (31 U.S.C. 856), or any corporation or
agency (or activity thereof) which is required by law to submit an.
annual budget pursuant to, or as provided by, the Government Corpo-
ration Control Act (31 U.S.C. 841-869), shall pay an additional
amount for its fair share of the cost of administration of this Act
as determined by the Secretary of Labor. With respect to said agen-
cies, the charges billed by the Secretary of Labor pursuant to this
section shall include an additional amount for such costs, which shall
be paid into the Treasury as miscellaneous receipts from the sources
authorized, and in the manner otherwise provided in this section.
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SEC. 3G.'a The Secretary, upon considerat ion of the claim presented
by the beneficiary, and the report furnished by the immediate superior
and the completion of such Investigation I,, ]I(- may deem necessary,
shall determine and make a finding of facts thereon and make an
award for or against Iiavmc it, of the compensation provided for in
this Act. Compensation when awarded shall he paid front the em-
ployees' compensation fund.
Sic. 37.3, That if the original claim for compensation has been
trade within the tittle specified ill section 20, the Secretary may, at
any time, on his own motion or on application, review the award, and,
in accordance with the facts found on such review, may end, diminish,
or increase the compensation previously awarded, or, if compensation
has been refused or dix out tuned, award c ompensatiotn. In the absence
of fraud or mistake in ntathe-natical calculations, the finding of facts
in, and the decision of the Secretary upon, (lie merits of any claim
presented lmdcr or authorize by this act, if supported by conlpeteIIt
evidence, shall not be subject to review by our other administrative
or accounting officer, employee, or agent of the United States. Any
award heretofore made by the Compensation Commission, under the
Act of September 7, 191G, f'ar disability or death resulting frotli a
personal injury sustained prior to June 5, 1924, shall be.valid, if
such award would be valid if made in respect to an injury sustained
thereafter.
SEC. 38.'8 (a) Subject to the provisions of sections 36 and 37,
whenever by reason of an error of fact or law an overpayment has been
made to an individual under this Act, proper adjustments shall be
made, under regulations prescribed by the Secretary, by decreasing
subsequent payments to which such individual is entitled. If such
individual (lies before such adjustment has been completed. adjust-
ment shall be made by decreasing subsequent benefits, if any, payable
under this Act with respect to such individual's death.
(b) There shall be no adjustitnent or recovery by the United States
in any case where incorrect payment has been made to an individual
who is without fault and where adjustment list or recovery would defeat
the purpose of this Act or world be against (-,quit y and good conscience.
(e) No certifying or disbursing officer shall be held liable for any
annount certified or paid by hint to any person where the adjustment or
recovery of such aniount is waived under subsection (b), or where
adjustment under subsection (a) is not completed prior to the death
of all pennons against whose benefits deductions are authorized.
9" See note 5. supra.
m Amended June 5. 1924 (e. 261. 43 Slat. 35D) : the last sentence of sec. 37 added byp
the Act of Juno 5, 1924 validated awards theretofore made and was a transitional prof i-
xkro. The Commission referred to Is the former rutted States Employees' Compensation
(`otrmlxsIon : see notes I and 5. Also sec neat to last sentence of sec. 42.
mAmended October 14. 1949 tc. 691, 63 Stat. 954).
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SEC. 39.39 That whoever makes, in any affidavit or report required
under section 4 or in any claim for compensation, any statement, know-
ing it to be false, shall be guilty of perjury and shall be punished by
a fine of not more than $2,000, or by imprisonment for not more than
one year, or by both such fine and imprisonment.
Snc. 40.40 That wherever used in this Act-
(a) The singular includes the plural and the masculine includes
the feminine.
(b) The term "employee" includes (1) all civil officers and em-
ployees of all branches of the Government of the United States (in-
cluding officers and employees of instrumentalities of the United States
wholly owned by the United States, but excluding commissioned
officers of the Regular Corps of the Public Health Service, commis-
sioned officers, in the Reserve Corps of the. Public Health Service on
active duty, and commissioned officers of the Coast and Geodetic
Survey) ; (2) persons rendering personal services of a kind similar to
those of civilian officers or employees of the United States to any
department, independent establishment, or agency thereof (includ-
ing instrumentalities of the United States wholly owned by it), with-
out compensation or for nominal compensation, in any case in which
acceptance or use of such services is authorized by an Act of Congress
or in which provision is made by law for payment of the travel or
other expenses of such person; and (3)41 persons, other than inde-
pendent contractors and their employees, employed on the Menominee
Indian Reservation in the State of Wisconsin, subsequent to Sep-
tember 7, 1916, in operations conducted pursuant to the Act entitled
"An Act to authorize the cutting of timber, the manufacture and sale
of lumber, and the preservation of the forests on the Menominee Indian
Reservation in the State of Wisconsin", approved March 28, 1908,
as amended, or any other Act relating to tribal timber and logging
operations on the Menominee Reservation.
(c) The term "commission" shall be taken to refer to the former
United States Employees' Compensation Commission.
(d) The term "physician" includes surgeons and osteopathic prac-
titioners within the scope of their practice as defined by State law.
(e) The, term "medical, surgical, and hospital services and sup-
plies" includes services and supplies by osteopathic practitioners and
hospitals within the scope of their practice as defined by State law.
aD Amended October 14, 1949 (c. 691, 63 Stitt. 854).
,0 Amended June 5, 1924 (c. 201, 43 Stat. 389) ; May 31, 1938 (e. 293, 52 Stat. 580)
April 11, 1940 (c. 79, 54 Stat. 105) ; July 1, 1944 (c. 373, 58 Stat. 712) ; October 14,
1949 (c. 691, 63 Stitt. 854) ; August 1, 1956 (c. 837, 70 Stat. 883) ; August 8, 1958 (72
Stat. 539) ; September 13, 1960 (74 Stat. 908). For effective date of the 1949 Amend-
ments to the word "employee," gee section 303,(f) (1) of the Act of October 14, 1949 set
forth in Part II, infra. The amendment of August 1, 1956 removed Public Health Service
officers, see Part IV, A, infra. Amendment of August 8, 1958, see note 2 (effective date
June 30, 1958), added subsections (j) to (in) and repealed several related statutes. The
amendment of September 13, 1960 revised subsection (f).
4L By notice (26 F.R. 3726) of the Secretary of the Interior, published pursuant to the
Act of June 17, 1954 (08 Stitt. 250), effective midnight, April 30, 1961 Federal supervision
of the Menominee Tribe was terminated.
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(f) The term ``monthly pay" shall be taken to refer to the mouthy
pay at the time of the injury, or the monthly pay at the time dis-
ability begins, or file monthly pay at the time compensable disability
recto's, if such recurrence begins more than six months after the in-
jured employee resumes regular fill1-1 itne eniplovu(etit with the 1-nited
States, whichever is greater, except when otherwise determined under
section G(d) with respect to any period.
(g) The term "injury" in.~ludes, in addition to injury by accident,
any disease proximately eau=ed,by the employment.
(h) The terns "compensation" includes the money allowance pay-
able to an employee or his dependents and any other benefits paid
for out of the compensat ion fund : Provider/, hole eeet?, That this shall
not in any way reduce the amount of the monthly compensation pay-
able in case of disability or death.
(i) The term "Secretary" means the Secretary of Labor.
(j) The term "war-risk hazard" means any hazard arising (luring
a, war in which the United States is engaged; during an armed con-
flict in which the United Stites is engaged, Whether or not war has
been declared: or during a war or armed conflict between military
forces of any origin, occurrilg within any country in which a person
covered by this Act is erving; front--
(1) file discharge of any missile (including liquids and -as)
or the use of any weajloy, explosive, or other noxious thing Cy a
hostile force or person or in combating an attack or an imagined
attack by a hostile force or person : or
(2) action of a hostile force or perm, including rebellion or
insurrection against the United States or any of its allies; or
(3) the discharge or explosion of munitions intended for use in
connection with a war or armed conflict Willi a hostile force or
person as defined herein : or
(4) the collision of vessels on convoy or the operat ion of ves-
sels or aircraft without running lights or without other custunt.u?y
peauettitle aids to nat'igaion; Or
(5) the operation of '?essels or aircraft ill a zone of hostilities
or enraged in war act ivities.
(k) The term "hostile force or person" moans any nation, any sub-
ject of a foreign nat ion, or any other person serving a foreign notion
tl) engaged in a was against the United States or any of its
allies,
(2) engaged in armed conflict, whet ]ter or not war has been de-
clared, against the United States or anti` of its allies, or
(3) engaged in a war or armed conflict between military forces
of any origin in any covitry in which a person covered,byy this
Aic( is serving.
(1) The term "allies" means any nation with which the. United
States is engaged in a Common military- effort or with which the
1-sited States has entered into a coitinlon defensive muilitarv alliance.
(Ili) The terns "war activties" includes activities directly relating
to nlilit.trv operation.
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REPEAL-LIABILITY OF TIIE PANAMA CANAL CO.
SEC. 41.42 That all acts or parts of acts inconsistent with this Act are,
hereby repealed: Provided, however, That for injuries occurring prior
to the passage of this Act compensation shall be paid under the law in
force at the time of the passage of this Act: And provided further,
That if an injury or death for which compensation is payable under
this act is caused under circumstances creating a ,Legal liability in the
Panama Canal Company to pay damages therefor under the laws of
any State, Territory, or possession of the United States or of the
District of Columbia or of any foreign country, no compensation shall
be payable until the person entitled to compensation releases to the
Panama Canal Company any right of action which he may have to
enforce such liability of the Panama Canal Company, or until he
assigns to the United States any right which he may have to share in
any money or other property received in satisfaction of such liability
of the Panama Canal Company.
ADMINISTRATION FOR CANAL ZONE AND ALASKA RAILWAYS
SEC. 4243 That the President may, from time to time, transfer the
administration of this Act so far as employees of the Canal Zone: Gov-
ernment and of the Panama Canal Company are concerned to the Gov-
ernor of the Canal Zone, and so far as employees of the Alaska Rail-
road are concerned to the general manager of the Alaska Railroad, in
which cases the words "Secretary" and "his" wherever they appear in
this Act shall, so far as necessary to give effect to such transfer, be
read, "Governor of the Canal Zone" or "the general manager of the
Alaska Railroad," as the case may be, and "his"; and the expenses of
inedical examinations under sections 21 and 22, and the reasonable
traveling and other expenses and loss of wages payable to employees
under section 21, shall be paid out of appropriations for the Canal
Zone Government or for the Alaska Railroad or out of funds of the
42 The Panama Railroad Co. was incorporated by Act of June 29, 1948 (c. 706, 62 Stat.
1075). See. 2 of such Act provided, in part, as follows: "The corporation shall reim-
burse * * * the Employees' Compensation Fund, Bureau of Employees' Compensation,
Federal Security Agency, for the benefit payments made to the corporation's em-
ployees * * *." The Panama Railroad Co. was redesignated Panama Canal Company by
Act 0V September 26, 1950 (c. 1049, 64 Stat. 1038). Sec notes 1 and 5, supra, and last
sentence of note 43, infra.
43 Amended April 6, 1938 (c. 79, 52 Stat. 200) ; July 29, 1942 (c. 533, 56 Stat. 725)
July 28, 1945 (e. 328, 59 Stat. 503) ; September 13, 1960 (74 Stat. 910) ; 5 U.S.C. 793.
See also notes 1, 5, and 31. (Note-First paragraph of this section as it relates to the
Alaska Railroad is duplicated by the Act of March 4, 1925 (c. 561, 43 Stitt. 1356). The
amendment of July 29, 1942, added next to last paragraph. The amendment of July 28,
1945, added last paragraph. The amendment of September 13, 1960 deleted from the
fourth paragraph a reference which by the last sentence therein, made the provisions of
that paragraph applicable to certain citizens of Puerto Rico. By Executive Order 9804
dated November 21, 1946, the President revoked Executive Orders 2463 and 4181 and
placed the administration of the Act with respect to employees of the Alaska Railroad
in the Federal Security Agency. Said function was subsequently transferred to the
Department of Labor in 1950, see notes 1 and 5 and p. 59. By Executive Order 2455
of September 15, 1916, the administration of the Act with respect to employees of the
Panama Canal and the Panama Railroad was transferred to the Governor of the Panama
Canal. The Panama Railroad as it existed in 1916 was not the Panama Railroad re-
ferred to in note 42. (Note-By Act of September 26, 1950 (c. 1049, 64 Stat. 1038), the
Panama Canal was redesignated as the Canal Zone Government, the Panama Railroad
Company as the Panama Canal Company, supra note 42, and the Governor of the Panama
Canal as Governor of the Canal Zone.. I
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Panama, Canal Company, ai the case may be, instead of out of ap-
propriations for tlle work of the Secretary.
III (hu case of compensation to employees of (lie Canal Zone Gov-
ernment. or of the Panama Canal Company for temporary disability.
either total or partial, the President- may authorize the Governor of
the Canal Zone to waive, at his discretion, he making of the claim
require,] by section 18. In the case of alien employees of the Cauai
Zone Government or of the Panama Canal Company, or of any class
or classes of them, the President may remove or modify the niiriinnun
limit. established by section ti on the monthly compensation for dis-
ability and the minimum limit established by clause (K) of section it)
on (lie monthly pay on which death compensation is to be computed.
The Pr ident may authorize. the Governor of (he Canal Zone and t lie
general manager of the Alaska Railroad to pay the compensation pro-
vi(led by this Act, including the medical, surgical, and hospital serv-
ices ant) supplies provided by section 9 and the transportation and
burial expenses provided by sections 9 and 11, out of tite appropria-
tion for the Canal Zone Government and for the Alaska Railroad,
such aippro )i-iatioiis to be reimbursed for such payments by the (rans-
fer of funds from the entl)loy,~e's compensation full(].
APPEALS FROM DECISIIX OF GENERAL ,MANAGER, ALASKA RAILROAD
The t ransfer by the President of the administration of this Act so
far as the employees of th( Alaska Railroad are concerned to the
general manager of file Alaska Railroad shall not divest. the Secre-
tary of jurisdiction hereunder, and any claimant shall have the right
of appeal from the decision of the general manager of the Alaska Rail-
road to the Secretary, and the Secretary shall. upon such appeal, and
>srlay at any time, on Las own motion, review the decision of(lie general
manner of the Alaska Railroad, and in accordance with the facts
found on such review may r roeeed as provided in sect ion 37 hereof.
The Secretary shall provide he form and manner of taking such
appeals.
REMOVAL OF MINIMI'M I,IMIT ON MONTIII.Y COMPENSATION IN CASES
OUTSIDE OF TIIE UNITED STATES: PROVISION FOR LOCAL PAYMENTS
The minimum limit on the monthly compensation for disability as
established by section 6 and the mininiulu hnllf on the monthly pay oil
which deal ii conlpcnsation is to be computed as established by clause
(K) of section 10, shall not apply in tile case of employees of the United
States who are not citizens of the United States, or of any class or
classes of such noncitizell employees, who sustain injury outside. of the
United States: I'rovhled, 'Flint (lie Secretary may in his discretion
establish a minimum montb1) pa ? on %vhich (lentil compensation shall
be computed in the case of ally cuss or classes of such noneitizen em-
ployees. The Secretary is further authorizes]. in his discretion, to ar-
range and provide for the making of initial payments of coil] )eilsat 1011
and the initial furnishing of other benefits~)rovidecl in this . ct in tile
cases of employees injured outside of the I nited States, by any officer
or agent of fit(. United Status designated by the Secretary for such
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purpose in the locality in which the employee was employed or the
injury occurred.
Whenever the Secretary shall find that the amount of compensation,
as provided by other provisions of this Act, payable to employees of the
United States who are neither citizens nor residents of the United
States, any Territory, or Canada, or payable to any dependents of such
employees, is substantially disproportionate to compensation for disa-
bility or death which may be payable in similar cases under local. law,
regulations, custom, or otherwise, at the place outside the United States,
any Territory, or Canada, where such employees may be working at
the time of injury, the Secretary may provide for payment of com-
pensation upon such basis as will be reasonably in accord with pre-
vailing local payments in similar cases (1) by the adoption or adapta-
tion of the substantive features (by a schedule or otherwise) of local
workmen's compensation provisions, or other local law, regulation or
custom applicable in cases of personal injury or death, or (2) by estab-
lishing and promulgating, for specific classes of employees, areas or
places, special schedules of compensation for injury and death (in-
cluding schedules for the loss or loss of use of members and -functions
of the body) ; and irrespective of the basis adopted may at any time
modify or limit therein (a) the maximum monthly and total aggregate
payments for injury and death (including modification and limitation
of medical or other benefits), and (b) the percentages of the employee's
wage payable as compensation for such injury or death, and to modify,
limit, or redesignate the class or classes of beneficiaries entitled to death
benefits, including the designation of persons, representative, or
groups, who would be entitled under local law or customs to payment
on account of death, whether or not included in the classes of benefici-
aries otherwise specified in this Act. In the cases of such noncitizens
and nonresidents, the Secretary or his designees are authorized to
make lump-sum awards (in the manner prescribed by section 14 of
this Act), whenever the Secretary or his authorized designee shall deem
such settlement to be for the best interest of the United States, and also
in any such cases to compromise and pay claims for any benefits so pro-
vided for, including claims in which there is a dispute as to jurisdiction
or other facts, or questions of law. Compensation so payable shall be
in lieu of all other compensation from the United States for the same
injury or ,death, and any payment so made shall for all purposes be
considered as compensation under this Act and as satisfaction of all
liability of the United States in respect to the particular injury or
death. The Secretary may delegate to any officer, agency, or employee
of the United States, with such limitations and right of review as he
deems advisable, authority to process, adjudicate, commute by lump-
sum award, compromise, and pay any claim or class of claims for com-
pensation, and to provide other benefits, locally, under this paragraph
in accordance with such regulations and instructions as the Secretary
shall deem. necessary, and for such purpose the Secretary is authorized
to provide or transfer funds (including reimbursement of amounts
paid under this Act). Should the Secretary find (1) that conditions
prevent the establishment of facilities for processing and adjudicating
claims of such noncitizens and nonresidents, or (2) that such nonciti-
zens and nonresidents are alien enemies, the Secretary may waive the
application of this Act, in whole or in part, and for such period or pe-
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riods of time as the Secretary shall fix. The provisions of this para-
graph may be applied retrospectively as the Secretary may determine
and, where necessary, with such adjustIuellt of cwtllx nsttttoll and gene
fits as the Secretary or his designees in allowing or denying any pay-
ment wider this Act shall be final and conclusive for all purposes and
with respect to all questions of law and fact, and not subject to review
by any other ofli"ial of the United States oiby any court by nlandannts
or otherwise and credit shall be allowed ill the accounts of any certif i?-
ing or disbursing officer for ply-ulellts in accordance with such action.
Whenever used in this sect ion, the geographical reference to the United
States shall heat the continent al United States.
SEC. 43,H This Act hilly be cited as the '-Federal Employees' Com-
pensation kvt.-
Act Approved September 7, 19101.
The Act of September 13, NO. Public Law 86-7I7, Eighty-sixth
Congress (74 Stitt, 90G), in .Idditiotl to leaking specific chances to
certain sections of the Act of September 7. 1910, as amended, con-
tained supplementary general provisions as follows:
INCREASE OF t'OMrENSA'rIO\ BASE TCIIEIRE INJURY OCCURRED BEFORE
J.1\i'ARI- 1. Ii158
SEC. 1u4.d4a Notwithstanding any other provision of this Act or the
Federal Employees' Compensation .1ct, the montlily pay upon the
basis of which compensation for disahility or death is coriipute(l tinder
the Federal Employees' ('oer-)ensat ion Act shall be increased as fol-
lows: If such employee's injury (or injury causing death) occurred
before January 1, 1958, but titter December 31, 1950, such eligible
employee's "monthly pay" shall be increased by lt) percent : if such
employee's injury (or Injit y causing death) occurred before .January
1, 1951, but after December 31, 1045, such eligible employee's "nlontllly
Pay" shall be increased by 20 percent, if such employee's injury (or
Injury causing death) occurred before January 1, 1940, such eligible
employee's "montlily pay'' shall lie increased by 30 percent : I'rori dcd.
That. nothing in this or ally of* ter Act of Congress shall be construed to
make the increase in the Inom-hly pay provided by this section appli-
cable to Iuilitarv personnel, or to any person or employee not within
the definition of section 40{b) (1) or (2) of the Federal Iaeployees'
Compensation art, except that this section sha11 apply to employees
of the government of llie Distriet of Columbia other than members of
the police and lire doj)aitiernts who are pensioned or pensionable
under the provisions of the Policemen and Firemen's Ref irenielit and
Disability Act : P,c,ride1/ /'1L'lhcr, That this section shall not be eoil-
++Srenoa added b)? Alnelnlmrllt of tlctubcr 13. 1949 tr. 1:11, 1i:i Stnt. N54).
+? Act or October 3. 19CI 175 Nlnt. 7511. hula. till. ,'ctlon applicable to cmplo~ecs of
the 1)I-tr I of Columbia. etrrthv ortc ber 1, 19II11.
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struod to permit the amount of compensation on account of an em-
ployee's disability or death to be increased more than 10 percent if such
injury (or injury causing death) occurred before January 1, 1958,
but after December 31, 1950, nor more than 20 percent if such injury
(or injury causing death) occurred before January 1, 1951, but after
December 31, 1945, nor more than 30 percent if such injury (or injury
causing death) occurred prior to January 1, 1946.
SEC. 211. (a) Except as otherwise provided by this section or in
this Act, titles I and II of this Act shall take effect on the date of
enactment of this Act and be applicable to any injury or death occur-
ring after such date.
(b) The amendments made by sections 101, 102, 201, 203, 204, 208,
and 210 of this Act to sections 5(a), 6(b) (1), 6(b) (2), 6(c), 9(a),
10(k), 13(b), 40(f), and 42 of the Federal Employees' Compensation
Act shall be applicable to cases of injury or death occurring before
the date of enactment of this Act only with respect to any period be-
ginning on or after the first day of the first calendar month following
the date of enactment of this Act.
(c) The amendments made by sections 104 and 105 4 of this Act
shall be applicable to cases of injury or death occurring before enact-
ment of this Act only with respect to any period beginning on or after
the first day of the first calendar month following the date of enact-
ment of this Act.
(d) The amendment made by section 202 of this Act to section 7 (a)
of the Federal Employees' Compensation Act permitting the payment
of compensation for scheduled permanent disabilities in addition to
benefits under the Civil Service Retirement Act shall be applicable to
any injury which occurred within three years prior to the date of
enactment of this Act as well as to any injury occurring on or- after
the date of enactment of this Act.
(3) The amendment made by section 202 of this Act to section 7(a)
of the Federal Employees' Compensation Act requiring an election of
benefits in any case in which a claimant for compensation is also eli-
gible to receive certain payments or benefits from the United States
for the same disability or death shall be applicable to any injury or
death occurring before, on, or after the date of enactment of this Act
but shall not deprive any person of any benefits awarded prior to the
date of enactment of this Act.
II. FEDERAL EMPLOYEES' COMPENSATION ACT AMENDMENTS OF 1949
The Act of October 14, 1949, Public Law 357, Eighty-first Congress
(c. 691, 63 Stat. 854), in addition to making specific changes in sections
2 through 43 of the Act of September 7, 1916, as amended, contained
supplemental general provisions as follows:
1 G Section 105 amended the Act of February 15, 1934 extending the Federal Employees'
Compensation Act's provisions to employees of Federal Civil Works Administration by
changing $100 in clause (a) to $150, and $75 In clause (b) to $150 (c. 13, 48 Stat. 351).
Sec p. 52.
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1NCIn,A*,r OF t'nlMPI"P.iTrt)X BASE WHERE INJURY OCCURRED BEFORE
JULY 1, 1546
SEc. 1OD.1" Notwitlistanding any other provision of this Act or of
file Federal F,nlpl