42 U.S.C. § 239d — Compensation for lost employment income

submitted 82 years ago by Pub. L. 108-20 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 671 words · no verdicts yet

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Eligible individuals hurt by a covered smallpox injury get paid two-thirds of their lost wages, plus extra for dependents. Payments are capped at $50,000 a year, stop at age 65, and only start after a short unpaid waiting period.

(a) In general: Subject to the rest of this section, the Secretary must pay an eligible individual compensation for lost employment income, based on their income at the time of injury, caused by a covered injury, at the rate set in subsection (b). (b) Amount of compensation: Basic compensation is 66 2/3 percent of the person's regular pay, whether paid weekly, monthly, or otherwise, except as described next. If the eligible individual has one or more dependents, that basic rate is increased by an extra 8 1/3 percent. The Secretary may consider certain federal workers'-compensation rules, in sections 8114, 8115, and 8146a of title 5, when deciding the amount of payment and when it is reasonable and necessary; for a minor, the Secretary may also consider section 8113 of title 5. "Employment income" includes income from self-employment. (c) Limitations: This compensation is secondary to any other obligation, from the United States or a third party like a state or local government, private insurer, or employer, to pay for lost employment income or to provide disability or retirement benefits. Combined payments from this program and other sources cannot exceed the rate set in subsection (b)(1); a lump-sum payment from another source is treated as if received over multiple years, however the Secretary decides to spread it out. No payment is made under this section once a survivor starts receiving death benefits under section 239e of this title. Except for a permanent and total disability meeting the definition in section 416(i) of this title, total compensation is capped at $50,000 per year, and the lifetime total cannot exceed the amount allowed under section 239e. No compensation is paid for the first five workdays of lost income, unless the total period of lost income is 10 or more workdays. No payment is made once the eligible individual turns 65. (d) Benefit in addition to medical benefits: This income compensation is paid on top of, not instead of, any amounts an eligible individual receives under section 239c of this title.

the actual law source: uscode.house.gov ↗public domain

(a) In general

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).

(b) Amount of compensation

(1) In general

Compensation under subsection (a) shall be at the rate of 66⅔ percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in paragraph (2).

(2) Augmented compensation for dependents

If 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 8⅓ percent.

(3) Consideration of other programs

(A) In general

The 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) and the circumstances under which such payments are reasonable and necessary.

(B) Minors

With 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) and the circumstances under which such payments are reasonable and necessary.

(4) Treatment of self-employment income

For purposes of this section, the term “employment income” includes income from self-employment.

(1) Benefits secondary to other coverage

(A) In general

Any compensation under subsection (a) 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 obligations

Compensation under subsection (a) 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). 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 death

No payment shall be made under subsection (a) 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 general

Except as provided in subparagraph (B)—

(i)

total compensation paid to an individual under subsection (a) 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 disability

The 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 general

Except 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) Exception

Subparagraph (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 benefits

No payment shall be made under subsection (a) in compensation for loss of employment income once the eligible individual involves 1 reaches the age of 65.

(d) Benefit in addition to medical benefits

A benefit under subsection (a) shall be in addition to any amounts received by an eligible individual under section 239c of this title.

Source credit: (July 1, 1944, ch. 373, title II, § 265, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 642.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 108-20 · 117 Stat. 642

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-20 on 1944-07-01.

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