2016 US Code
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
| 42 U.S.C. § 7385s-2 (2016) |
| §7385s–2. Compensation schedule for contractor employees |
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(a) Compensation provided
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). (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). For 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. |
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(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.) |
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REFERENCES IN TEXT
The 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. |
| United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| 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 |
| section 7385s-2 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 49 Stat. 620 118 Stat. 2179 |
| Public Law 106-398, Public Law 108-375 |
