(a)The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4 percent true discount compounded annually if—
(1)the monthly payment to the beneficiary is less than $50 a month;
(2)the beneficiary is or is about to become a nonresident of the United States; or
(3)the Secretary of Labor determines that it is for the best interest of the beneficiary.
The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months’ compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded.
(b)On remarriage before reaching age 55 a widow or widower entitled to compensation under section
8133 of this title, shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation on account of another individual) to which he was entitled immediately before the remarriage.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section
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 (U.S. Code)
Source (Statutes at Large)
5 App.: 764(b).
July 4, 1966, Pub. L. 89–488, § 8, 80 Stat. 254.
The word “widower” is substituted for “dependent widower” to conform to the definition in 5 U.S.C. 8101(11). The words “section
8133 of title
5” are substituted for “section
10” to reflect the codification of that section in title 5, United States Code.
1974—Subsec. (a). Pub. L. 93–416, § 20, substituted provisions relating to use of the most current United States Life Tables, for provisions relating to determination by the American Experience Tables of Mortality.
Subsec. (b). Pub. L. 93–416, § 16(b), inserted “before reaching age 60” after “On remarriage”.
Change of Name
United States Department of Health, Education, and Welfare redesignated the United States Department of Health and Human Services by section
3508 of Title
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–416applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, 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(63) 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
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