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but not after he reaches the age of twenty-three or bas

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completed four years of education beyond the high school level, except that, where his twenty-third birthday occurs during a semester or other enrollment period, he shall continue to be considered a student until the

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end of such semester or other enrollment period. A

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child shall not be deemed to have ceased to be a student

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during any interim between school years if the interim

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does not exceed five months and if he shows to the

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satisfaction of the deputy commissioner that he has a bona fide intention of continuing to pursue a full-time course of education or training during the semester or other enrollment period immediately following the interim or during periods of reasonable duration during which, in the judgment of the deputy commissioner, he is prevented by factors bevoid bis control from pursuing

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16.

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his education. A child shall not be deemed to be a stu

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dent mder this Act during a period of service in the

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Armed Forces of the United States or while receiving

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educational or training benefits under any other program

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authorized by the Congress of the United States."

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(c) The last sentence of section 2 (14) of such Act

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is amended to read as follows: “Child,' 'grandchild,' 'brother,' and ‘sister' include only persons who are under

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eighteen years of age, and also persons who, though eighteen

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1 years of age or over, are (1) wholly dependent upon the 2 employee and incapable of self-support by reason of mental 3 or physical disability, or (2) are students as defined in 4 paragraph (19) of this section.”

(d) Section 8 (d) of such Act is amended by striking

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6 the words "under the age of eighteen years" wherever they

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SEC. 9. (a) Section 9 (1) of such Act is amended to

10 read as follows:

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“ (b) If there be a surviving wife or dependent husband 12 and no child of the deceased to such surviving wife or de13 pendent husband 45 per centum of the average weekly wages 14 of the deceased, during widowhood, or dependent widower15 hood, with two years' compensation in one sum upon remar16 riage; and if there be a surviving child or children of the 17 deceased, 40 per centum of such wages to the surviving wife

or dependent husband and the additional amount of 15 per

centum of such wages for each child; in the case of the death 20 of remarriage of such surviving wife or dependent husband, if 21 there be one surviving child of the deceased employee, such 22 child shall have his compensation increased to 35 per centum 23 of such wages, and if there be more than one surviving child 24 of the deceased employee, to such children, in equal parts, 35

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per centum of such wages increased by 15 per centum of such

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1 wages for each child in excess of one: Provided, That the

2 total amount payable shall in no case exceed 75 per centum

3 of such wages. The deputy conmissioner having jurisdiction 4 over the claim may, in his discretion, require the appoint5 ment of a guardian for the purpose of receiving the compen

6 sation of a minor child."

a

7 (b) Section 9 (c) of such Act is amended by striking 8 out "663 per centum” and substituting “75 per centum”. 9 (c) Section 9 (d) of such Act is amended by striking 10 out “66 per centum” where it appears and substituting 11 “75 per centum” and by striking out “15 per centum” and 12 substituting “20 per centum”.

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(d) Section 9 (e) of such Act is amended by striking

14 out “$105” and substituting “$140”, and by striking ont 15 "$27" and substituting "$47".

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(e) Section 9 (g) of such Act is amended by striking

17 the comma after “may” and the words “at his option or

18 upon the application of the insurance carrier shall” and “one

19 half of".

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DEFENSE BASE ACT DEATH BENEFITS TO ALIEN AND

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NONNATIONAL SURVIVORS

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SEC. 10. Section 2 (b) of the Defense Base Act (55

23 Stat. 622), as amended, is amended by striking the comma 24 after “may” and the words “at his option or upon the appli

25 cation of the insurance carrier shall” and “one-half of”,

2. ...BEC. 11. (a) Section 12 (a) of the Longshoremen's and 3. Harbor Workers' Compensation Act is' amontled toToad dis

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"(a) Notice of an injury or death in respect of which 6 compensation is payable under this Act shall be given within À 'thirty days after the datė of such injury or death, or thirty 8. days after the employee or beneficiary is aware of in' the 9 exercise of reasonable diligence should have been aware of a 10 relationship between the injary or death and the employment. 11' Such notice shall be given (1) to the deputy commissioner in

the compensation district in which the injury occurred and 13 (2) to the employer.”

(b) Section 13 of such Act is amended by substituting 15 for subsection''(a) thereof the following: 16..::5 1,“(a') Except as otherwise provided in this section, the 17

right to compensation for disability or death ander this Act' 18 shall be barred unless a claim therefor is filed 'within one 19 year

aftet the injury or death. If payment of compensation 20 has been made without an award on account of such injury 21. or death a claimi may be filed within one year after the date 22, of the last payment. Such claim shall be filed with the deputy 23! commissioners in the compensation district in which such in24 jury or such death occurred. The time for filing a 'claim shall

S. 2485-2

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1 not begin to run until the employee or beneficiary is aware, 2 or by the exercise of reasonable diligence should have been 3 aware, of 'the relationship between the injury or death and 4 the employment."

a

6 SEO. 12. Section 28 (a) of such Act is amended by add7 ing the following sentence: “In cases where an award is 8 made or increased after payment under the Act is resisted, 9 claim for legal services approved by the deputy commis10 sioner or a court shall be added to the compensation award 11 and become a lien upon such award in the amount so fixed.”

13 SEC. 13. (a) Section 8 (d) of such Act is amended by 14 adding a new paragraph (6) to read as follows: 15

“(6) If there be no surviving wife, dependent hus16. band, or child, then to the special fund established under

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(b) Section 44(c) is amended to read as follows:
"(c), Payments into such fund shall be made as follows:

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“(1) Each employer shall pay $5,000 as compensation for the death of an employee of such employer

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resulting from injury where the deputy commissioner determines that there is no person entitled under this

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Act to compensation for such death.