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Statement of-Continued

Multer, Hon. Abraham J., a Representative in Congress from the
State of New York.

Page

88

103

American Federation of Government Employees, statement of
Baker, Hon. Howard H., a Representative in Congress from the State
of Tennessee, letter to Chairman Wier_.

147

105

Bennett, Hon. Charles E., a Representative in Congress from the
State of Florida:

Campbell, Hon. Joseph, Comptroller General of the United
States, letter to Congressman Bennett.

107

Cross, Saver & O'Shea, letter to committee_

151

Dixon, Hon. Henry A., a Representative in Congress from the State
of Utah, statement of..

104

Fino, Hon. Paul A., a Representative in Congress from the State of
New York, statement of.......

105

Forand, Hon. Aime J., a Representative in Congress from the State of
Rhode Island, testimony of... -

102

Gibson, Everett G., legislative director, National Federation of Post
Office Motor Vehicle Employees, AFL-CIO, statement of
Hallbeck, E. C., legislative director, National Federation of Post
Office Clerks, statement of..........

150

187

Holtzman, Hon. Lester, a Representative in Congress from the State
of New York, remarks of

98

Larson, Charles R., president, the National Rural Letter Carriers'
Association, statement by..

184

McAvoy, Harold, president, National Association of Post Office and
Postal Transportation Service Mail Handlers, Watchman and
Messengers, statement of.

194

Merrow, Hon. Chester E., a Representative in Congress from the
State of New Hampshire, statement by..

99

AMENDMENTS TO FEDERAL EMPLOYEES'

COMPENSATION ACT

WEDNESDAY, FEBRUARY 10, 1960

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON SAFETY AND COMPENSATION
OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met, pursuant to call, in room 429, Old House Office Building, at 10:10 a.m., Hon. Roy W. Wier (chairman of the subcommittee) presiding.

Present: Representatives Wier, O'Hara, Frelinghuysen, and Goodell.

Present also: Reva Beck Bosone, legal counsel.

Mr. WIER. I will call the meeting to order.

There are two absentees here, but we still have a quorum.

Since Mr. McCauley is going to review these bills pending before our subcommittee and it may be some time before we have to refresh our memory on what he said about them, I am having the reporter take down the information for the subcommittee.

Mr. GOODELL. Fine.

STATEMENT OF WILLIAM MCCAULEY, DIRECTOR, BUREAU OF EMPLOYEES' COMPENSATION; ACCOMPANIED BY HIS COUNSEL, HERBERT P. MILLER, U.S. DEPARTMENT OF LABOR

Mr. WIER. Mr. McCauley, let me say that since the organization of our subcommittees of the House Education and Labor Committee, my subcommittee has certain jurisdictions. One of them is legislation on Federal safety, and the other is on Federal employees' compensation. Added to this I have bills on the care of the aged, and

so on.

In the past two sessions of Congress bills dealing with these subjects have been introduced. As you have just said we last worked on these Federal employees' compensation bills back in 1949, when we thought we had a good bill.

Mr. MCCAULEY. Yes, sir.

Mr. WIER. Since the 10 years of legislation, of course there have been cases come up where the eligibility has been very difficult to establish, and new cases have shown up that brings in-what is it, Mrs. Bosone, 18 or 19 amendments?

Mrs. BosONE. There are 21, including the safety amendments of Mr. Cunningham.

Mr. WIER. The safety amendment is not in this morning.
Mrs. BOSONE. It is an amendment to the act but it is safety.

1

Mr. WIER. Twenty. What the subcommittee would like to do here, Mr. McCauley, is to get the reaction of your Department to these pending amendments. After we have heard your comment regarding amendments and how it will affect each bill, we shall call meetings to hear the authors of the bill.

And if there is no objection now, we shall proceed, Mr. McCauley with H.R. 92.

It might be well to take down notes on the bills as he reports on them just what might be pertinent to the bill. I hope we can get through by lunchtime. At least I would like to get this one day out of the way. You may now proceed, Mr. McCauley.

At the end of the discussion of any of these bills by Mr. McCauley, if any of the committee members desire to ask questions of Mr. McCauley, you are free to do so.

Mr. GOODELL. Thank you, Mr. Chairman.

Mr. MCCAULEY. I might state, Mr. Chairman, that the Department has had under active policy consideration amendments to the act and some of the subjects we had considered in our considering are included in some of these bills also. We are rather hopeful that we can come up with some proposal in the near future that would cover things that we think should be changed in the law as well.

Proceeding in line with your comments a moment ago, the first bill on the list I have received is H.R. 92.

(H.R. 92 follows:)

[H.R. 92, 86th Cong., 1st sess.]

A BILL To amend the Federal Employees' Compensation Act to provide that an employee who has received compensation for disability for an aggregate period of twenty years shall thereafter be paid compensation for disability for the remainder of his life

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Federal Employees' Compensation Act, as amended (5 U.S.C. 754), is amended by adding at the end thereof the following new subsection:

"(c) A disabled employee who has been paid monthly monetary compensation pursuant to this Act for his disability for an aggregate period of twenty years shall, for the purposes of this Act, be deemed to be disabled thereafter for the remainder of his life, and shall receive for each month of the remainder of his life monthly monetary compensation of not less than an amount equal to the average of the monthly monetary compensation paid him during such twenty-year period, except on a showing that payment of such compensation pursuant to this Act during any part of such twenty-year period was induced by fraud."

SEC. 2. (a) All periods, subsequent to September 6, 1916, for which monthly monetary compensation is or was paid to a disabled employee under the Federal Employees' Compensation Act, as amended, shall be considered for the purpose of determining eligibility, under the amendments made by this Act, for monthly monetary compensation payable on account of a disabled employee receiving monthly monetary compensation for a period of twenty years.

(b) No payments of monthly monetary compensation shall be made under the amendment made by this Act for any period prior to the first day of the first calendar month occurring after the date on which entitlement is established under section 4(c) of the Federal Employees' Compensation Act.

Mr. MCCAULEY. This bill proposes that a disabled employee who has been paid monetary compensation for an aggregate period of 20 years shall be deemed to be permanently disabled for the remainder of his life and that he shall receive for each month of his life a monthly monetary compensation which shall not be less than the average of the payments he has received over 20 years.

The only exception would be where the payment in the past has been induced by fraud.

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