If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent.
If there is a widow, widower, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent.
Notwithstanding paragraph (2) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries. A widow or widower who has entitlements to benefits under this title derived from more than one husband or wife shall elect one entitlement to be utilized.
5 U.S.C. § 8133
HISTORICAL AND REVISION NOTES 1966 ACT | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
5 U.S.C. 760 (less last 23 words of 1st sentence in (B); and less (H) and (L)). | Sept. 7, 1916, ch. 458, §10 (less last 15 words of 1st sentence in (B); and less (H) and (L)), 39 Stat. 744.Feb. 12, 1927, ch. 110, §3, 44 Stat. 1087. | |
July 28, 1945, ch. 328, §§2 (less last 24 words), 3, 59 Stat. 503. | ||
Oct. 14, 1949, ch. 691, §106 (less last 23 words of 1st sentence in "(B)" of (c); and less (e)), 63 Stat. 859. | ||
Sept. 13, 1960, Pub. L. 86-767, §102, 74 Stat . 906. |
1967 ACT | ||
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
8133(b) | 5 App.: 760(G) (last sentence). | July 4, 1966, Pub. L. 89-488, §7(a), 80 Stat . 253. |
8133(e) | 5 App.: 760(K). | July 4, 1966, Pub. L. 89-488, §3(c), 80 Stat . 252. |
EDITORIAL NOTES
AMENDMENTS1990-Subsec. (b)(1). Pub. L. 101-303 substituted "age 55" for "age 60".1974-Subsec. (a)(1). Pub. L. 93-416, §16(a), substituted "50" for "45".Subsec. (a)(2). Pub. L. 93-416, §16(a), substituted "45" for "40". Subsec. (a)(3). Pub. L. 93-416, §16(a), substituted "40" for "35". Subsec. (b). Pub. L. 93-416, §16(a), inserted "before reaching age 60" after "remarries" in par. (1), struck out par. (2) referring to widower who dies, remarries or becomes capable of self-support, redesignated pars. (3) and (4) as (2) and (3), respectively, changed the reference in closing paragraph from paragraph (3) of this subsection to paragraph (2) of this subsection, and inserted provision for election by widower or widow of benefits derived from more than one husband or wife.Subsec. (e)(1). Pub. L. 93-416, §17, inserted ",except for increases authorized by section 8146a of this title" before ";or".Subsec. (f). Pub. L. 93-416, §18, added subsec. (f).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1974 AMENDMENT Amendment by sections 16(a) and 17 of Pub. L. 93-416 applicable to cases where injury or death occurred prior to Sept. 7, 1974 but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416 set out as a note under section 8101 of this title. Amendment by section 18 of Pub. L. 93-416 effective on Sept. 7, 1974, and applicable to any injury or death occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416 set out as a note under section 8101 of this title.
GRATUITY FOR DEATH OF CIVILIAN EMPLOYEE FROM INJURY SUSTAINED IN LINE OF DUTY Pub. L. 104-208, div. A, title I, §101(f)[title VI, §651], Sept. 30, 1996, 110 Stat. 3009-314, 3009-368, provided that: "Notwithstanding section 8116 of title 5, United States Code, and in addition to any payment made under 5 U.S.C. 8101 et seq., beginning in fiscal year 1997 and thereafter, the head of any department or agency is authorized to pay from appropriations made available to the department or agency a death gratuity to the personal representative (as that term is defined by applicable law) of a civilian employee of that department or agency whose death resulted from an injury sustained in the line of duty on or after August 2, 1990: Provided, That payments made pursuant to this section, in combination with the payments made pursuant to sections 8133(f) and 8134(a) of such title 5 and section 312 of Public Law 103-332 (108 Stat. 2537) [5 U.S.C. 8134 note], may not exceed a total of $10,000 per employee."
PERSONNEL NOT AFFECTED BY 1967 INCREASE Increases authorized under amendment by section 1(62)(B) of Pub. L. 90-83 not applicable to specified personnel, see section 7 of Pub. L. 90-83 set out as a note under section 8103 of this title.