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42 U.S.C. § 12620 — Status of Corps members and Corps personnel under Federal law

submitted 34 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 192 words · no verdicts yet

in plain englishAI-generated · not legal advice

Being a Corps member doesn't normally make someone a federal employee. But for work-injury pay, Corps members do count as federal employees. For lawsuits over injuries the Corps causes, members also count as federal employees.

(a) In general. Except as this section says otherwise, being a Corps member doesn't, by itself, make someone a federal employee or subject them to federal employment laws. (b) Work injuries. (1) For the part of the law covering federal employee work-injury pay (subchapter I of chapter 81 of title 5), Corps members count as "employees" under that law's definition. (2) Under that same law, a Corps member isn't considered "on duty" while away from their assigned post unless the Director's procedures authorized the absence. (c) Injury lawsuits. For lawsuits and claims about injuries the government causes (chapter 171 of title 28), a Corps member counts as a federal employee.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Except as otherwise provided in this section, members of the National Civilian Community Corps shall not, by reason of their status as such members, be considered Federal employees or be subject to the provisions of law relating to Federal employment.

(b) Work-related injuries
(1) In general

For purposes of subchapter I of chapter 81 of title 5 relating to the compensation of Federal employees for work injuries, members of the Corps shall be considered as employees of the United States within the meaning of the term “employee”, as defined in section 8101 of such title.

(2) Special rule

In the application of the provisions of subchapter I of chapter 81 of title 5 to a person referred to in paragraph (1), the person shall not be considered to be in the performance of duty while absent from the person’s assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director.

(c) Tort claims procedure

A member of the Corps shall be considered an employee of the United States for purposes of chapter 171 of title 28 relating to tort claims liability and procedure.

Source credit: (Pub. L. 101–610, title I, § 160, formerly § 195I, as added Pub. L. 102–484, div. A, title X, § 1092(a)(1), Oct. 23, 1992, 106 Stat. 2530; renumbered § 160, Pub. L. 103–82, title I, § 104(b), Sept. 21, 1993, 107 Stat. 840; amended Pub. L. 111–13, title I, § 1510, Apr. 21, 2009, 123 Stat. 1526.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 101-610 · 106 Stat. 2530
  • 1993Amended · Pub. L. 103-82 · 107 Stat. 840
  • 2009Amended · Pub. L. 111-13 · 123 Stat. 1526

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 1992-10-23.

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