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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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| Compensation for Disability and Death of Noncitizen Federal Employees Outside the United States |
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| The Special Schedule of Compensation |
20 CFR 25.101 - How is compensation for death paid?
- Section Number: 25.101
- Section Name: How is compensation for death paid?
If the disability causes death, the compensation shall be payable in
the amount and to or for the benefit of the following persons:
(a) To the undertaker or person entitled to reimbursement,
reasonable funeral expenses not exceeding $200.
(b) To the surviving spouse, if there is no child, 35 percent of the
monthly pay until his or her death or remarriage.
(c) To the surviving spouse, if there is a child, the compensation
payable under paragraph (b) of this section, and in addition thereto 10
percent of the monthly wage for each child, not to exceed a total of
66\2/3\ percent for such surviving spouse and children. If a child has a
guardian other than the surviving spouse, the compensation payable on
account of such child shall
be paid to such guardian. The compensation of any child shall cease when
he or she dies, marries or reaches the age of 18 years, or if over such
age and incapable of self-support, becomes capable of self-support.
(d) To the children, if there is no surviving spouse, 25 percent of
the monthly pay for one child and 10 percent thereof for each additional
child, not to exceed a total of 66\2/3\ percent thereof, divided among
such children share and share alike. The compensation of each child
shall be paid until he or she dies, marries or reaches the age of 18, or
if over such age and incapable of self-support, becomes capable of self-
support. The compensation of a child under legal age shall be paid to
its guardian, if there is one, otherwise to the person having the
custody or care of such child, for such child, as the Director in his or
her discretion shall determine.
(e) To the parents, if one is wholly dependent for support upon the
deceased employee at the time of his or her death and the other is not
dependent to any extent, 25 percent of the monthly pay; if both are
wholly dependent, 20 percent thereof to each; if one is or both are
partly dependent, a proportionate amount in the discretion of the
Director. The compensation to a parent or parents in the percentages
specified shall be paid if there is no surviving spouse or child, but if
there is a surviving spouse or child, there shall be paid so much of
such percentages for a parent or parents as, when added to the total of
the percentages of the surviving spouse and children, will not exceed a
total of 66\2/3\ percent of the monthly pay.
(f) To the brothers, sisters, grandparents and grandchildren, if one
is wholly dependent upon the deceased employee for support at the time
of his or her death, 20 percent of the monthly pay to such dependent; if
more than one are wholly dependent, 30 percent of such pay, divided
among such dependents share and share alike; if there is no one of them
wholly dependent, but one or more are partly dependent, 10 percent of
such pay divided among such dependents share and share alike. The
compensation to such beneficiaries shall be paid if there is no
surviving spouse, child or dependent parent. If there is a surviving
spouse, child or dependent parent, there shall be paid so much of the
above percentages as, when added to the total of the percentages payable
to the surviving spouse, children and dependent parents, will not exceed
a total of 66\2/3\ percent of such pay.
(g) The compensation of each beneficiary under paragraphs (e) and
(f) of this section shall be paid until he or she, if a parent or
grandparent, dies, marries or ceases to be dependent, or, if a brother,
sister or grandchild, dies, marries or reaches the age of 18 years, or
if over such age and incapable of self-support, becomes capable of self-
support. The compensation of a brother, sister or grandchild under legal
age shall be paid to his or her guardian, if there is one, otherwise to
the person having the custody or care of such person, for such person,
as the Director in his or her discretion shall determine.
(h) Upon the cessation of any person's compensation for death under
this subpart, the compensation of any remaining person entitled to
continuing compensation in the same case shall be adjusted, so that the
continuing compensation shall be at the same rate such person would have
received had no award been made to the person whose compensation ceased.
(i) In cases where there are two or more classes of persons entitled
to compensation for death under this subpart, and the apportionment of
such compensation as provided in this section would result in injustice,
the Director may in his or her discretion modify the apportionments to
meet the requirements of the case.
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