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FOREWORD

In the recodification of Title 5 of the United States Code, which was enacted into law in 1966, the provisions of the Federal Employees' Compensation Act as previously enacted and amended were revised, rearranged, and renumbered. The revised provisions, as contained in Chapter 81 of Title 5 of the Code, with amendments through April 19, 1968, are reproduced in this pamphlet, together with pertinent portions of the text of certain prior statutes amending and extending provisions of the Federal Employees' Compensation Act. In this pamphlet, which replaces the publication entitled Federal Employees' Compensation Act As Amended to September 13, 1960, issued by the Department of Labor in 1962, the recodified provisions are annotated for the convenience of the user to show, in footnotes, the basic statutory source of each provision and to provide a cross-reference, in the margin, to the section number of the corresponding provision in the basic Federal Employees' Compensation Act, where such sections are applicable.

The statutory provisions contained in this pamphlet were compiled and annotated in the Division of Interpretations and Opinions, Office of the Solicitor of Labor, by Claire R. Strine, Attorney, under the general supervision of Vahan Moushegian, Counsel for Labor Standards.

John M. Ekeberg,

Director, BEC,
August 1969

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III. 5 USC 8191-8193 (Law Enforcement Officers not Employed by the U.S.)... 35

IV. Selected Portions of the Federal Employees' Compensation Act Amendments of 1966.

V. Selected Portions of the Federal Employees' Compensation Act Amendments of 1960.

VI. Selected Portions of the Federal Employees' Compensation Act Amendments of 1949.

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38

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VII. Extensions of the Act of September 7, 1916, as amended.

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VIII. Extensions of the Act of September 7, 1916, with Limited Benefit Pro

visions.

IX. Miscellaneous Provisions and References..

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1Act of September 12, 1950, 64 Stat. 843, Section related to annual estimates of necessary appropria-
tions to be submitted to the Secretary of the Treasury.

Section related to a $50,000 salaries and expense appropriation authorization for the fiscal year
ending June 30, 1917.

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8108. Reduction of compensation for subsequent injury to same member.

8109. Beneficiaries of awards unpaid at death; order of precedence.

8110. Augmented compensation for dependents.

8111. Additional compensation for services of attendants or vocational rehabilitation.

8112. Maximum and minimum monthly payments.

8113. Increase or decrease of basic compensation.

8114. Computation of pay.

8115. Determination of wage-earning capacity.

8116. Limitations on right to receive compensation.

8117. Time of accrual of right.

8118. Election to use annual or sick leave.

8119. Notice of injury; failure to give.

8120. Report of injury.

8121. Claim.

8122. Time for making claim.

8123. Physical examinations.

8124. Findings and award; hearings.

8125. Misbehavior at proceedings.

8126. Subpoenas; oaths; examination of witnesses.

8127. Representation; attorneys' fees.

8128. Review of award.

8129. Recovery of overpayments.

8130. Assignment of claim.

8131. Subrogation of the United States.

8132. Adjustment after recovery from a third person.

8133. Compensation in case of death.

8134. Funeral expenses; transportation of body.

8135. Lump-sum payment.

8136. Initial payments outside the United States.

8137. Compensation for noncitizens and nonresidents.

8138. Minimum limit modification for noncitizens and aliens.

8139. Employees of the District of Columbia.

8140. Members of the Reserve Officers' Training Corps.

8141. Civil Air Patrol volunteers.

8142. Peace Corps volunteers.

8143. Job Corps enrollees; volunteers in service to America.

8143a. Members of the National Teacher Corps.

8144. Student-employees.

8145. Administration.

8146. Administration for the Canal Zone and the Alaska Railroad.

8146a. Cost-of-living adjustment of compensation.

8147. Employees' Compensation Fund.

8148. [Repealed.]

8149. Regulations.

8150. Effect on other statutes.

Subchapter II

5 USC 8101-8150

SEC. 8101. DEFINITIONS

For the purpose of this subchapter

(1) "employee" means

(A) a civil officer or employee in any branch of 40 (b) (1)
the Government of the United States, including
an officer or employee of an instrumentality
wholly owned by the United States;1

(B) an individual rendering personal service 40 (b) (2)
to the United States similar to the service of a
civil officer or employee of the United States,
without pay or for nominal pay, when a statute
authorizes the acceptance or use of the service,
or authorizes payment of travel or other expenses
of the individual; ' 2

(C) an individual, other than an independent 40 (b) (3)
contractor or an individual employed by an in-
dependent contractor, employed on the Menom-
inee Indian Reservation in Wisconsin in opera-
tions conducted under a statute relating to tribal
timber and logging operations on that reser-
vation; 3

(D) an individual employed by the government
of the District of Columbia; and♦

(E) an individual appointed to a position on the office staff of a former President under section 1 (b) of the Act of August 25, 1958 (72 Stat. 838); ' but does not include

(i) a commissioned officer of the Regular Corps 40 (b) (1) of the Public Health Service; •

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(ii) a commissioned officer of the Reserve Corps 40 (b) (1) of the Public Health Service on active duty;'

(iii) a commissioned officer of the Environ- 40 (b) (1) mental Science Services Administration; or

(iv) a member of the Metropolitan Police or
the Fire Department of the District of Columbia
who is pensioned or pensionable under sections
521-535 of title 4, District of Columbia Code;'

(2) "physician" includes surgeons and osteopathic 40 (d)
practitioners within the scope of their practice as de-
fined by State law; 10

1Act of Sept. 7. 1916, 39 Stat. 750; Act of June 5, 1924, 43 Stat. 389; Act of July 1, 1944, 58 Stat. 712; Act of Oct. 14, 1949, 63 Stat. 860.

"Act of Oct. 14, 1949, 63 Stat. 860.

Act of April 11, 1940, 54 Stat. 105; Act of July 1, 1944, 58 Stat. 712; Act of Oct. 14, 1949, 63 Stat. 861. Act of July 11, 1919, 41 Stat. 104.

This referred to section provides Workmen's Compensation benefits, among other things.

These were formerly included: Act of July 1, 1944, 58 Stat. 712; Act of Oct. 14, 1949, 63 Stat. 860. Excluded by Act of Aug. 1, 1956, 70 Stat. 883.

See note 6 supra.

Act of Aug. 1, 1956, 70 Stat. 883. Changed from Coast and Geodetic Survey by Act of Sept. 11, 1967, 81 Stat. 196.

See note 4 supra.

10Act of Sept. 7, 1916, 39 Stat. 750; Act of June 5, 1924, 43 Stat. 389; Act of May 31, 1938, 52 Stat. 586.

*References in the margins are to sections in the Pamphlet Federal Employees' Compensation Act As Amended to September 13, 1960-published by the Bureau of Employees' Compensation in 1962.

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