(a)For the purpose of this section, “dependent” means—
(1)a wife, if—
(A)she is a member of the same household as the employee;
(B)she is receiving regular contributions from the employee for her support; or
(C)the employee has been ordered by a court to contribute to her support;
(2)a husband, if—
(A)he is a member of the same household as the employee; or
(B)he is receiving regular contributions from the employee for his support; or
(C)the employee has been ordered by a court to contribute to his support;
(3)an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is—
(A)under 18 years of age; or
(B)over 18 years of age and incapable of self-support because of physical or mental disability; and
(4)a parent, while wholly dependent on and supported by the employee.
Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by section
8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries.
(b)A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented—
(1)at the rate of 81/3 percent of his monthly pay if that compensation is payable under section
8107(a) of this title; and
(2)at the rate of 81/3 percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under section
8106(a) of this title.
The references in former section
756(a)(2) to definitions in former section
760(H) are omitted as unnecessary as the definitions are included in section
8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5
Source (Statutes at Large)
5 App.: 756(a)(2) (C).
July 4, 1966, Pub. L. 89–488, § 7(b), 80 Stat. 254.
5 App.: 756(a)(1).
July 4, 1966, Pub. L. 89–488 §§ 2(e), 3(a), 80 Stat. 252.
In subsection (a), the words “Notwithstanding paragraph (3) of this subsection” are substituted for “Notwithstanding any other provision of this section” for clarity. The word “he” is substituted for “he or she” in two places on authority of 1 U.S.C. 1. The words “section
8101 of this title” are substituted for “section 10(M) of this Act” to reflect the codification of that section in title 5.
1974—Subsec. (a)(2). Pub. L. 93–416substituted provisions of subpars. (A), (B) and (C) for “wholly dependent on the employee for support because of his own physical or mental disability”.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–416effective Sept. 7, 1974, and applicable to any injury or death occurring on or after such effective date, see section 28(a) ofPub. L. 93–416, set out as a note under section
8101 of this title.
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(53)(B), (C) ofPub. L. 90–83not applicable to specified personnel, see section 7 ofPub. L. 90–83, set out as a note under section
8103 of this title.
The table below lists the classification updates, since Jan. 3, 2012, 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 Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.