5 U.S.C. § 8135 — Lump-sum payment

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 239 words · no verdicts yet

in plain englishAI-generated · not legal advice

The government can pay a beneficiary's future workers' compensation all at once, as a lump sum. This can happen if payments are under $50 a month, the person lives outside the U.S., or the Secretary decides it's best. A widow or widower who remarries before 55 gets a lump sum too.

(a) The United States may discharge its future compensation liability to a beneficiary — for death, or for permanent total or permanent partial disability — by a lump-sum payment equal to the present value of all future compensation, computed at 4 percent true discount compounded annually. This is available if the monthly payment to the beneficiary is less than $50, if the beneficiary is or is about to become a nonresident of the United States, or if the Secretary of Labor decides it's in the beneficiary's best interest. The probability that the beneficiary might die before their compensation period ends is figured using the most current United States Life Tables, updated over time — but a lump-sum payment to a deceased employee's widow or widower can never exceed 60 months' worth of compensation. Any other possibility that could affect the amount or length of compensation is disregarded. (b) If a widow or widower entitled to compensation under section 8133 remarries before reaching age 55, they are paid a lump sum equal to 24 times their monthly compensation payment, not counting any part of the payment based on another individual.

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

(a)

The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4 percent true discount compounded annually if—

(1)

the monthly payment to the beneficiary is less than $50 a month;

(2)

the beneficiary is or is about to become a nonresident of the United States; or

(3)

the Secretary of Labor determines that it is for the best interest of the beneficiary.

The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months’ compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded.

(b)

On remarriage before reaching age 55 a widow or widower entitled to compensation under section 8133 of this title, shall be paid a lump sum equal to twenty-four times the monthly compensation payment (excluding compensation on account of another individual) to which he was entitled immediately before the remarriage.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 548; Pub. L. 90–83, § 1(63), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93–416, §§ 16(b), 19, 20, Sept. 7, 1974, 88 Stat. 1149; Pub. L. 101–303, § 3(2), May 29, 1990, 104 Stat. 251.)

history & why it existsrecord from the source credit

1966Enacted · Pub. L. 89-554 · 80 Stat. 548
1967Amended · Pub. L. 90-83 · 81 Stat. 211
1974Amended · Pub. L. 93-416 · 88 Stat. 1149
1990Amended · Pub. L. 101-303 · 104 Stat. 251

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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