42 USC 7385s-3 - Compensation schedule for survivors

U.S Code last checked for updates: Nov 22, 2024

§ 7385s–3.

Compensation schedule for survivors

(a)

Categories of compensation

The amount of contractor employee compensation under this part for the survivor of a covered DOE contractor employee shall be determined as follows:

(1)

Category one

The survivor shall receive the amount of $125,000, if the Secretary determines that—

(A)

the employee would have been entitled to compensation under section 7385s–4 of this title for a covered illness; and

(B)

it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the death of such employee.

(2)

Category two

(3)

Category three

(b)

One amount only

(c)

Determination and allocation of shares

The amount under subsection (a) shall be paid only as follows:

(1)

If a covered spouse is alive at the time of payment, such payment shall be made to such surviving spouse.

(2)

If there is no covered spouse described in paragraph (1), such payment shall be made in equal shares to all covered children who are alive at the time of payment.

(3)

Notwithstanding the other provisions of this subsection, if there is—

(A)

a covered spouse described in paragraph (1); and

(B)

at least one covered child of the employee who is living at the time of payment and who is not a recognized natural child or adopted child of such covered spouse,

then half of such payment shall be made to such covered spouse, and the other half of such payment shall be made in equal shares to each covered child of the employee who is living at the time of payment.

(d)

Definitions

In this section:

(1)

The term “covered spouse” means a spouse of the employee who was married to the employee for at least one year immediately before the employee’s death.

(2)

The term “covered child” means a child of the employee who, as of the employee’s death—

(A)

had not attained the age of 18 years;

(B)

had not attained the age of 23 years and was a full-time student who had been continuously enrolled as a full-time student in one or more educational institutions since attaining the age of 18 years; or

(C)

had been incapable of self-support.

(3)

The term “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child.

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3674], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2180.)

cite as: 42 USC 7385s-3