2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 6A - Public Health Service (Sections 201 - 300mm-61)
Subchapter I - Administration and Miscellaneous Provisions (Sections 201 - 239l-3)
Part C - Smallpox Emergency Personnel Protection (Sections 239 - 239h)
Sec. 239d - Compensation for lost employment income
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS Part C - Smallpox Emergency Personnel Protection Sec. 239d - Compensation for lost employment income |
Contains | section 239d |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | July 1, 1944, ch. 373, title II, §265, as added Pub. L. 108-20, §2, Apr. 30, 2003, 117 Stat. 642. |
Statutes at Large Reference | 117 Stat. 642 |
Public and Private Law | Public Law 108-20 |
Download PDF
Subject to the succeeding provisions of this section, the Secretary shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in subsection (b) of this section.
(b) Amount of compensation(1) In generalCompensation under subsection (a) of this section shall be at the rate of 662/3 percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in paragraph (2).
(2) Augmented compensation for dependentsIf an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in paragraph (1) shall be augmented at the rate of 81/3 percent.
(3) Consideration of other programs(A) In generalThe Secretary may consider the provisions of sections 8114, 8115, and 8146a of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) of this section and the circumstances under which such payments are reasonable and necessary.
(B) MinorsWith respect to an eligible individual who is a minor, the Secretary may consider the provisions of section 8113 of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) of this section and the circumstances under which such payments are reasonable and necessary.
(4) Treatment of self-employment incomeFor purposes of this section, the term "employment income" includes income from self-employment.
(c) Limitations(1) Benefits secondary to other coverage(A) In generalAny compensation under subsection (a) of this section shall be secondary to the obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer), under any other law or contractual agreement, to pay compensation for loss of employment income or to provide disability or retirement benefits.
(B) Relation to other obligationsCompensation under subsection (a) of this section shall not be made to an eligible individual to the extent that the total of amounts paid to the individual under such subsection and under the other obligations referred to in subparagraph (A) is an amount that exceeds the rate specified in subsection (b)(1) of this section. If under any such other obligation a lump-sum payment is made, such payment shall, for purposes of this paragraph, be deemed to be received over multiple years rather than received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years.
(2) No benefits in case of deathNo payment shall be made under subsection (a) of this section in compensation for loss of employment income subsequent to the receipt, by the survivor or survivors of an eligible individual, of benefits under section 239e of this title for death.
(3) Limit on total benefits(A) In generalExcept as provided in subparagraph (B)—
(i) total compensation paid to an individual under subsection (a) of this section shall not exceed $50,000 for any year; and
(ii) the lifetime total of such compensation for the individual may not exceed an amount equal to the amount authorized to be paid under section 239e of this title.
(B) Permanent and total disabilityThe limitation under subparagraph (A)(ii) does not apply in the case of an eligible individual who is determined to have a covered injury or injuries meeting the definition of disability in section 416(i) of this title.
(4) Waiting period(A) In generalExcept as provided in subparagraph (B), an eligible individual shall not be provided compensation under this section for the first 5 work days of loss of employment income.
(B) ExceptionSubparagraph (A) does not apply if the period of loss of employment income of an eligible individual is 10 or more work days.
(5) Termination of benefitsNo payment shall be made under subsection (a) of this section in compensation for loss of employment income once the eligible individual involves 1 reaches the age of 65.
(d) Benefit in addition to medical benefitsA benefit under subsection (a) of this section shall be in addition to any amounts received by an eligible individual under section 239c of this title.
(July 1, 1944, ch. 373, title II, §265, as added Pub. L. 108–20, §2, Apr. 30, 2003, 117 Stat. 642.)
1 So in original. Probably should be "involved".
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.