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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Compensation and Related Benefits |
20 CFR 10.410 - Who is entitled to compensation in case of death, and what are the rates of compensation payable in death cases?
- Section Number: 10.410
- Section Name: Who is entitled to compensation in case of death, and what are the rates of compensation payable in death cases?
(a) If there is no child entitled to compensation, the employee's
surviving spouse will receive compensation equal to 50 percent of the
employee's monthly pay until death or remarriage before reaching age 55.
Upon remarriage, the surviving spouse will be paid a lump sum equal to
24 times the monthly compensation payment (excluding compensation
payable on account of another individual) to which the surviving spouse
was entitled immediately before the remarriage. If remarriage occurs at
age 55 or older, the lump-sum payment will not be paid and compensation
will continue until death.
(b) If there is a child entitled to compensation, the compensation
for the surviving spouse will equal 45 percent of the employee's monthly
pay plus 15 percent for each child, but the total percentage may not
exceed 75 percent.
(c) If there is a child entitled to compensation and no surviving
spouse, compensation for one child will equal 40 percent of the
employee's monthly pay. Fifteen percent will be awarded for each
additional child, not to exceed 75 percent, the total amount to be
shared equally among all children.
(d) If there is no child or surviving spouse entitled to
compensation, the parents will receive compensation equal to 25 percent
of the employee's monthly pay if one parent was wholly dependent on the
employee at the time of death and the other was not dependent to any
extent, or 20 percent each if both were wholly dependent on the
employee, or a proportionate amount in the discretion of the Director if
one or both were partially dependent on the employee. If there is a
child or surviving spouse entitled to compensation, the parents will
receive so much of the compensation described in the preceding sentence
as, when added to the total percentages payable to the surviving spouse
and children, will not exceed a total of 75 percent of the employee's
monthly pay.
(e) If there is no child, surviving spouse or dependent parent
entitled to compensation, the brothers, sisters, grandparents and
grandchildren will receive compensation equal to 20 percent of the
employee's monthly pay to such dependent if one was wholly dependent on
the employee at the time of death; or 30 percent if more than one was
wholly dependent, divided among such dependents equally; or 10 percent
if no one was wholly dependent but one or more was partly dependent,
divided among such dependents equally. If there is a child, surviving
spouse or dependent parent entitled to compensation, the brothers,
sisters, grandparents and grandchildren will receive so much of the
compensation described in the preceding sentence as, when
added to the total percentages payable to the children, surviving spouse
and dependent parents, will not exceed a total of 75 percent of the
employee's monthly pay.
(f) A child, brother, sister or grandchild may be entitled to
receive death benefits until death, marriage, or reaching age 18.
Regarding entitlement after reaching age 18, refer to Sec. 10.417 of
these regulations.
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