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CAP Deceased Member Claim - 15 Aug 1994

CAP Deceased Member Claim - 15 Aug 1994

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Published by CAP History Library
Civil Air Patrol
Civil Air Patrol

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Categories:Types, Legal forms
Published by: CAP History Library on Mar 15, 2013
Copyright:Public Domain

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05/11/2014

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Page 735 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§8141
A
MENDMENTS
 1998—Subsec. (a). Pub. L. 105–261, §655(c), inserted‘‘,or an illness contracted,’’ after ‘‘death incurred’’ inintroductory provisions.Subsec. (a)(2). Pub. L. 105–261, §655(a), amended par.(2) generally. Prior to amendment, par. (2) read as fol-lows: ‘‘while performing authorized travel to or from,or while attending, training or a practice cruise underchapter 103 of title 10.’’Subsec. (b). Pub. L. 105–261, §655(b), amended subsec.(b) generally. Prior to amendment, subsec. (b) read asfollows: ‘‘For the purpose of this section, an injury isincurred in line of duty only if it is the proximate re-sult of the performance of military training by themember concerned, or of his travel to or from thattraining, during the periods specified by subsection(a)(2) of this section. A member or applicant for mem-bership who contracts a disease or illness which is theproximate result of the performance of training duringthe periods specified by subsection (a)(2) of this sectionis considered for the purpose of this section to havebeen injured in line of duty during that period. Subjectto review by the Secretary of Labor, the Secretary of the military department concerned, under regulationsprescribed by him, shall determine whether or not aninjury, disease, or illness was incurred or contracted inline of duty and was the proximate result of the per-formance of military training by the member con-cerned or of his travel to or from that military train-ing.’’1988—Subsec. (a). Pub. L. 100–456, §633(b)(1)(A), sub-stituted ‘‘who suffers an injury, disability, or death’’for ‘‘who suffers disability or death from an injury’’ inintroductory provisions.Subsec. (a)(2). Pub. L. 100–456, §633(b)(1)(B), struckout ‘‘field’’ before ‘‘training’’.Subsec. (f). Pub. L. 100–456, §633(b)(2), substituted ‘‘bya military department in a facility of a military de-partment’’ for ‘‘while attending field training or a prac-tice cruise under chapter 103 of title 10’’.Subsec. (g). Pub. L. 100–456, §633(b)(3), added subsec.(g).E
FFECTIVE
D
ATE OF
1998 A
MENDMENT
 Pub. L. 105–261, div. A, title VI, §655(d), Oct. 17, 1998,112 Stat. 2053, provided that: ‘‘The amendments madeby subsections (a) and (b) [amending this section] shalltake effect on the date of the enactment of this Act[Oct. 17, 1998] and apply with respect to injuries, ill-nesses, disabilities, and deaths incurred or contractedon or after that date.’’E
FFECTIVE
D
ATE OF
1988 A
MENDMENT
 Amendment by Pub. L. 100–456 applicable only withrespect to training performed after Sept. 30, 1988, seesection 633(e) of Pub. L. 100–456, set out as a note undersection 2109 of Title 10, Armed Forces.D
IFFERENT
C
OVERAGE FOR
R
ESERVE
O
FFICER
T
RAINING
 C
ORPS
M
EMBERS
 Pub. L. 97–306, title I, §113(c), Oct. 14, 1982, 96 Stat.1432, provided that: ‘‘Notwithstanding section 8140 of title 5, United States Code, subchapter I of chapter 81of such title does not apply in the case of a disabilitysuffered by a member of the Reserve Officers’ TrainingCorps of the Army, Navy, or Air Force that is compen-sable under chapter 11 of title 38, United States Code,or a death suffered by such a member for which depend-ency and indemnity compensation is payable underchapter 13 of such title [section 401 et seq. of Title 38].’’[Section 113(d) of Pub. L. 97–306 provided that theseprovisions shall apply only with respect to deaths anddisabilities resulting from diseases or injuries incurredor aggravated after September 30, 1982.]
§8141. Civil Air Patrol volunteers
(a) Subject to the provisions of this section,this subchapter applies to a volunteer civilianmember of the Civil Air Patrol, except a CivilAir Patrol Cadet under 18 years of age.(b) In administering this subchapter for amember of the Civil Air Patrol covered by thissection—(1) the monthly pay of a member is deemedthe rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under sec-tion 5332 of this title for the purpose of com-puting compensation for disability or death;(2) the percentages applicable to paymentsunder section 8133 of this title are—(A) 45 percent for section 8133(a)(2) of thistitle, if the member dies fully or currentlyinsured under subchapter II of chapter 7 of title 42, with no additional payments for achild or children while the widow or widowerremains eligible for payments under section8133(a)(2) of this title;(B) 20 percent for section 8133(a)(3) of thistitle for one child and 10 percent additionalfor each additional child, but not to exceeda total of 75 percent, if the member diedfully or currently insured under subchapterII of chapter 7 of title 42; and(C) 25 percent for section 8133(a)(4) of thistitle, if one parent was wholly dependent onthe deceased member at the time of hisdeath and the other was not dependent toany extent; 16 percent to each, if both werewholly dependent; and if one was or bothwere partly dependent, a proportionateamount in the discretion of the Secretary of Labor;(3) a payment may not be made under sec-tion 8133(a)(5) of this title;(4) ‘‘performance of duty’’ means only activeservice, and travel to and from that service,rendered in performance or support of oper-ational missions of the Civil Air Patrol underdirection of the Department of the Air Forceand under written authorization by competentauthority covering a specific assignment andprescribing a time limit for the assignment;and(5) the Secretary of Labor or his designeeshall inform the Commissioner of Social Secu-rity when a claim is filed and eligibility forcompensation is established under section8133(a)(2) or (3) of this title, and the Commis-sioner of Social Security shall certify to theSecretary of Labor as to whether or not themember concerned was fully or currently in-sured under subchapter II of chapter 7 of title42 at the time of his death.(c) The Secretary of Labor or his designee mayinform the Secretary of the Air Force or his des-ignee when a claim is filed. The Secretary of theAir Force, on request of the Secretary of Labor,shall advise him of the facts concerning the in-jury and whether or not the member was render-ing service, or engaged in travel to or from serv-ice, in performance or support of an operationalmission of the Civil Air Patrol at the time of in-jury. This subsection does not dispense with thereport of the immediate superior of the memberrequired by section 8120 of this title, or other re-ports agreed on under that section.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 551; Pub. L.98–94, title XII, §1258(a), Sept. 24, 1983, 97 Stat.

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