2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 84 - Department of Energy (Sections 7101 - 7386k)
Subchapter XVI - Energy Employees Occupational Illness Compensation Program (Sections 7384 - 7385s-16)
Part E - Contractor Employee Compensation (Sections 7385s - 7385s-16)
Sec. 7385s-2 - Compensation schedule for contractor employees
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 84 - DEPARTMENT OF ENERGY SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM Part E - Contractor Employee Compensation Sec. 7385s-2 - Compensation schedule for contractor employees |
Contains | section 7385s-2 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 106-398, §1 [div. C, title XXXVI, §3673], as added Pub. L. 108-375, div. C, title XXXI, §3161, Oct. 28, 2004, 118 Stat. 2179. |
Statutes at Large References | 49 Stat. 620 118 Stat. 2179 |
Public and Private Laws | Public Law 106-398, Public Law 108-375 |
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The amount of contractor employee compensation under this part for a covered DOE contractor employee shall be the sum of the amounts determined under paragraphs (1) and (2), as follows:
(1) Impairment(A) The Secretary shall determine—
(i) the minimum impairment rating of that employee, expressed as a number of percentage points; and
(ii) the number of those points that are the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility.
(B) The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in clause (ii) of subparagraph (A).
(2) Wage loss(A) The Secretary shall determine—
(i) the calendar month during which the employee first experienced wage loss as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility;
(ii) the average annual wage of the employee for the 36-month period immediately preceding the calendar month referred to in clause (i), excluding any portions of that period during which the employee was unemployed; and
(iii) beginning with the calendar year that includes the calendar month referred to in clause (i), through and including the calendar year during which the employee attained normal retirement age (for purposes of the Social Security Act [42 U.S.C. 301 et seq.])—
(I) the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee's annual wage exceeded 50 percent of the average annual wage determined under clause (ii), but did not exceed 75 percent of the average annual wage determined under clause (ii); and
(II) the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee's annual wage did not exceed 50 percent of the average annual wage determined under clause (ii).
(B) The employee shall receive an amount under this paragraph equal to the sum of—
(i) $10,000 multiplied by the number referred to in clause (iii)(I) of subparagraph (A); and
(ii) $15,000 multiplied by the number referred to in clause (iii)(II) of subparagraph (A).
(b) Determination of minimum impairment ratingFor purposes of subsection (a) of this section, a minimum impairment rating shall be determined in accordance with the American Medical Association's Guides to the Evaluation of Permanent Impairment.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3673], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct. 28, 2004, 118 Stat. 2179.)
REFERENCES IN TEXTThe Social Security Act, referred to in subsec. (a)(2)(A)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§301 et seq.) of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
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