5 U.S.C. § 8106 — Partial disability
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 236 words · no verdicts yet
A partially disabled employee gets two-thirds of the difference between their old pay and their reduced earning ability. They must report outside earnings when required, or they lose their right to compensation for that period. Refusing suitable work, once it's offered, also ends their right to compensation.
(a) If an employee's disability is partial, the government pays them monthly compensation equal to 66⅔ percent of the difference between their old monthly pay and what they can now earn after becoming partially disabled. This is their "basic compensation for partial disability."
(b) The Secretary of Labor can require a partially disabled employee to report their earnings from any job or self-employment, by sworn statement or another method, in whatever way and however often the Secretary specifies. The employee must include the money value of things like housing, food, and lodging that count as part of their pay. An employee who fails to file that report when required, or who knowingly leaves out or understates their earnings, loses their right to compensation for the period the report was required to cover. If that compensation was already paid, it must be recovered — either by deducting it from future compensation or another method under section 8129 — unless recovery is waived under that same section.
(c) A partially disabled employee is not entitled to compensation if they refuse to look for suitable work, or refuse or fail to work once suitable work is offered, found, or arranged for them.
If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.
The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—
fails to make an affidavit or report when required; or
knowingly omits or understates any part of his earnings;
forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129 of this title, unless recovery is waived under that section.
A partially disabled employee who—
refuses to seek suitable work; or
refuses or neglects to work after suitable work is offered to, procured by, or secured for him;
is not entitled to compensation.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 536.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 536
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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