42 U.S.C. § 239e — Payment for death

(a) Death benefit (1) In general: The Secretary must pay a death benefit when an eligible individual's death resulted from a covered injury or injuries. The benefit goes to the survivor or survivors, paid the same way death benefits are paid under the Public Safety Officers' Benefits Program (PSOB), found in the Omnibus Crime Control and Safe Streets Act of 1968. If the eligible individual is a minor with no living parent, the legal guardian counts as the survivor instead of a parent. (2) Benefit amount. (A) In general: The death benefit for a fiscal year equals whatever the comparable PSOB benefit would be that year, without any cut from a limit on PSOB appropriations — but subject to (B). (B) Reduction for lost income payments: The Secretary must subtract from the death benefit any amount already paid to the same person under section 239d for lost employment income. (3) Limitations. (A) In general: No death benefit is payable if either (i) a disability benefit was already paid to that individual under PSOB, or (ii) a death benefit was already paid or is payable under PSOB for that individual. (B) Exception: If PSOB disability benefits were reduced because of a limit on appropriations, and that reduction would cut what the survivor would otherwise get under (A), the Secretary must still pay enough under this section so survivors receive the full total described in paragraph (2). (b) Election in case of dependents (1) In general: If the eligible individual left one or more dependents under 18, the dependents' legal guardian may choose ongoing payments under this subsection instead of the lump-sum death benefit in (a). This election applies instead of a subsection (a) claim by someone who isn't the dependents' legal guardian. (2) Amount: Payments are calculated as though the deceased were receiving compensation under section 239d(a), with the rate increased under section 239d(b)(2), treating the individual as described in section 239d(c)(3)(B). (3) Limitations. (A) Age of dependents: Payments stop once the youngest dependent turns 18. (B) Secondary to other coverage: (i) Payments are secondary — paid only after — any obligation of the U.S. or a third party (state, local government, insurer, employer) to pay lost-income compensation, disability, retirement, life insurance for dependents under 18, or death benefits under another law or contract. (ii) Payments under this paragraph plus payments from those other obligations can't add up to more than the rate set in paragraph (2). If another obligation pays a lump sum, that lump sum is treated as if spread over several years rather than paid in one year; the Secretary decides how to spread it. (c) Benefit in addition to medical benefits: Any benefit paid under (a) or (b) comes on top of — not instead of — amounts received under section 239c (medical benefits).