(1)if the death or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s intention to bring about his death or catastrophic injury;
(2)if the public safety officer was voluntarily intoxicated at the time of his death or catastrophic injury;
(3)if the public safety officer was performing his duties in a grossly negligent manner at the time of his death or catastrophic injury;
(4)to any individual who would otherwise be entitled to a benefit under this subchapter if such individual’s actions were a substantial contributing factor to the death or catastrophic injury of the public safety officer; or
(5)with respect to any individual employed in a capacity other than a civilian capacity.
(1)if the death or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s intention to bring about his death or catastrophic injury;
(2)if the public safety officer was voluntarily intoxicated at the time of his death or catastrophic injury;
(3)if the public safety officer was performing his duties in a grossly negligent manner at the time of his death or catastrophic injury;
(4)to any individual who would otherwise be entitled to a benefit under this subchapter if such individual’s actions were a substantial contributing factor to the death or catastrophic injury of the public safety officer; or
(5)with respect to any individual employed in a capacity other than a civilian capacity.
A prior section 1202 ofPub. L. 90–351, title VII, June 19, 1968, 82 Stat. 236, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 99–308, § 104(b),May 19, 1986, 100 Stat. 459.
Amendments
2006—Par. (5). Pub. L. 109–162inserted “with respect” before “to any individual”.
1990—Pars. (1) to (4). Pub. L. 101–647inserted “or catastrophic injury” after “death” wherever appearing.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–647effective Nov. 29, 1990, and not applicable with respect to injuries occurring before Nov. 29, 1990, see section 1303 ofPub. L. 101–647, set out as a note under section
3796 of this title.
The table below lists the classification updates, since Jan. 7, 2011, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, April 6, 2012
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42 USC
Description of Change
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