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5 U.S.C. § 8191Determination of eligibility

submitted 58 years ago by Pub. L. 90-291 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 332 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines who counts as an "eligible officer" for special federal benefits given to law enforcement officers hurt or killed doing certain dangerous jobs, like catching or guarding suspects. The Secretary of Labor decides, case by case, whether an officer's actions qualify. Benefits still apply even if the person being pursued was wanted for a crime against another country, not just the United States.

This subchapter's benefits go to "eligible officers" and their survivors. The Secretary of Labor decides, using their own judgment, whether a person was an eligible officer on a specific occasion. A person is eligible if they were a law enforcement officer engaged in one of three things: (1) trying to catch someone (A) for a crime against the United States, (B) wanted by U.S. law enforcement for a U.S. crime, or (C) sought as a material witness in a U.S. criminal case; (2) guarding someone held for a U.S. crime or as a material witness; or (3) lawfully trying to prevent a crime against the United States. The person must not have been an "employee" as defined elsewhere in this law at the time, and must have suffered an injury that would have qualified for compensation if they had been such an employee doing their job. A person who would otherwise be entitled to a benefit because of an eligible officer's disability or death is not disqualified just because the person the officer was chasing was wanted for a crime against some other country instead of the United States.
the actual law source: uscode.house.gov ↗public domain

The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as “eligible officers”) and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion—

(1)

a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person—

(A)

for the commission of a crime against the United States, or

(B)

who at that time was sought by a law enforcement authority of the United States for the commission of a crime against the United States, or

(C)

who at that time was sought as a material witness in a criminal proceeding instituted by the United States; or

(2)

a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a material witness in connection with such a crime; or

(3)

a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States;

and to have been on that occasion not an employee as defined in section 8101(1), and to have sustained on that occasion a personal injury for which the United States would be required under subchapter I of this chapter to pay compensation if he had been on that occasion such an employee engaged in the performance of his duty. No person otherwise eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States.

Source credit: (Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 98; amended Pub. L. 90–623, § 1(20), Oct. 22, 1968, 82 Stat. 1313.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-291 · 82 Stat. 98
  • 1968Amended · Pub. L. 90-623 · 82 Stat. 1313

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-291 on 1968-04-19.

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