2010 US Code
Title 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52 - FOREIGN SERVICE
SUBCHAPTER IV - COMPENSATION
Sec. 3973 - Death gratuities
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 52 - FOREIGN SERVICE SUBCHAPTER IV - COMPENSATION Sec. 3973 - Death gratuities |
Contains | section 3973 |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 96-465, title I, §413, Oct. 17, 1980, 94 Stat. 2092. |
Statutes at Large Reference | 94 Stat. 2092 |
Public Law Reference | Public Law 96-465 |
§3973. Death gratuities (a) Criteria; amount; payment deemed gift
The Secretary may provide for payment of a gratuity to the surviving dependents of any Foreign Service employee, who dies as a result of injuries sustained in the performance of duty abroad, in an amount equal to one year's salary at the time of death. Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source.
(b) Eligibility to elect monthly compensation as condition to paymentA death gratuity payment shall be made under this section only if the survivor entitled to payment under subsection (c) of this section is entitled to elect monthly compensation under section 8133 of title 5, because the death resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty, without regard to whether such survivor elects to waive compensation under such section 8133.
(c) Order of paymentA death gratuity payment under this section shall be made as follows:
(1) First, to the widow or widower.
(2) Second, to the child, or children in equal shares, if there is no widow or widower.
(3) Third, to the dependent parent, or dependent parents in equal shares, if there is no widow, widower, or child.
If there is no survivor entitled to payment under this subsection, no payment shall be made.
(d) DefinitionsAs used in this section—
(1) the term “Foreign Service employee” means any member of the Service or United States representative to an international organization or commission; and
(2) each of the terms “widow”, “widower”, “child”, and “parent” shall have the same meaning given each such term by section 8101 of title 5.
(Pub. L. 96–465, title I, §413, Oct. 17, 1980, 94 Stat. 2092.)
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