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5 U.S.C. § 8148Forfeiture of benefits by convicted felons

submitted 32 years ago by Pub. L. 103-333 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 353 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone convicted of fraud related to these workers' comp benefits loses all entitlement to them. Benefits also stop while someone is in prison for a felony, though dependents may still get a share. Government agencies must share prisoner information with the Secretary of Labor to enforce this.

(a) Anyone convicted of violating section 1920 of title 18, or another federal or state fraud statute related to applying for or receiving benefits under this subchapter or subchapter III, forfeits — as of the conviction date — any right to benefits under this subchapter or subchapter III for any injury occurring on or before that date. This forfeiture applies in addition to anything the Secretary may already do under section 8106 or 8129. (b) (1) No matter what else this chapter says (except as provided in (3)), no benefits under this subchapter or subchapter III may be paid or provided to someone during any period they are confined in a jail, prison, or other penal institution or correctional facility, because of a felony conviction. (2) That person does not get to collect the benefits withheld during incarceration, after the incarceration ends. (3) If the incarcerated person has one or more dependents, as defined in section 8110(a), the Secretary of Labor may, during the incarceration, pay those dependents a percentage of the benefits the person would have received, computed under the percentages in section 8133(a)(1) through (5). (c) Despite section 552a of this title (a privacy law) or any other federal or state law, any federal or state agency (or political subdivision) must, on written request, give the Secretary of Labor the names and Social Security numbers of people confined in a jail, prison, or other penal institution or correctional facility under that agency's jurisdiction because of a felony conviction. The Secretary may require this information to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a)

Any individual convicted of a violation of section 1920 of title 18, or any other Federal or State criminal statute relating to fraud in the application for or receipt of any benefit under this subchapter or subchapter III of this chapter, shall forfeit (as of the date of such conviction) any entitlement to any benefit such individual would otherwise be entitled to under this subchapter or subchapter III for any injury occurring on or before the date of such conviction. Such forfeiture shall be in addition to any action the Secretary may take under section 8106 or 8129.

(b)
(1)

Notwithstanding any other provision of this chapter (except as provided under paragraph (3)), no benefits under this subchapter or subchapter III of this chapter shall be paid or provided to any individual during any period during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to that individual’s conviction of an offense that constituted a felony under applicable law.

(2)

Such individual shall not be entitled to receive the benefits forfeited during the period of incarceration under paragraph (1), after such period of incarceration ends.

(3)

If an individual has one or more dependents as defined under section 8110(a), the Secretary of Labor may, during the period of incarceration, pay to such dependents a percentage of the benefits that would have been payable to such individual computed according to the percentages set forth in section 8133(a)(1) through (5).

(c)

Notwithstanding the provision of section 552a of this title, or any other provision of Federal or State law, any agency of the United States Government or of any State (or political subdivision thereof) shall make available to the Secretary of Labor, upon written request, the names and Social Security account numbers of individuals who are confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such agency, pursuant to such individuals’ conviction of an offense that constituted a felony under applicable law, which the Secretary of Labor may require to carry out the provisions of this section.

Source credit: (Added Pub. L. 103–333, title I, § 101(a)(1), Sept. 30, 1994, 108 Stat. 2546; amended Pub. L. 105–247, § 1, Oct. 9, 1998, 112 Stat. 1863.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-333 · 108 Stat. 2546
  • 1998Amended · Pub. L. 105-247 · 112 Stat. 1863

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-333 on 1994-09-30.

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