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(a) While an employee is receiving compensation under this subchapter,
or if he has been paid a lump sum in commutation of installment payments
until the expiration of the period during which the installment payments
would have continued, he may not receive salary, pay, or remuneration of
any type from the United States, except--
(1) in return for service actually performed;
(2) pension for service in the Army, Navy, or Air Force;
(3) other benefits administered by the Department of Veterans Affairs
unless such benefits are payable for the same injury or the same death;
and
(4) retired pay, retirement pay, retainer pay, or equivalent pay for
service in the Armed Forces or other uniformed services, subject to the
reduction of such pay in accordance with section 5532(b) of title 5,
United States Code.
However, eligibility for or receipt of benefits under subchapter III of
chapter 83 of this title, or another retirement system for employees of
the Government, does not impair the right of the employee to compensation
for scheduled disabilities specified by section 8107(c) of this title
(b) An individual entitled to benefits under this subchapter because of
his injury, or because of the death of an employee, who also is entitled
to receive from the United States under a provision of statute other than
this subchapter payments or benefits for that injury or death (except
proceeds of an insurance policy), because of service by him (or in the
case of death, by the deceased) as an employee or in the armed forces,
shall elect which benefits he will receive. The individual shall make the
election within 1 year after the injury or death or within a further time
allowed for good cause by the Secretary of Labor. The election when made
is irrevocable, except as otherwise provided by statute.
(c) The liability of the United States or an instrumentality thereof
under this subchapter or any extension thereof with respect to the injury
or death of an employee is exclusive and instead of all other liability of
the United States or the instrumentality to the employee, his legal
representative, spouse, dependents, next of kin, and any other person
otherwise entitled to recover damages from the United States or the
instrumentality because of the injury or death in a direct judicial
proceeding, in a civil action, or in admiralty, or by an administrative or
judicial proceeding under a workmen's compensation statute or under a
Federal tort liability statute. However, this subsection does not apply to
a master or a member of a crew of a vessel.
(d) Notwithstanding the other provisions of this section, an individual
receiving benefits for disability or death under this subchapter who is
also receiving benefits under subchapter III of chapter 84 of this title
or benefits under title II of the Social Security Act shall be entitled to
all such benefits, except that--
(1) benefits received under section 223 of the Social Security Act (on
account of disability) shall be subject to reduction on account of
benefits paid under this subchapter pursuant to the provisions of section
224 of the Social Security Act; and
(2) in the case of benefits received on account of age or death under
title II of the Social Security Act, compensation payable under this
subchapter based on the Federal service of an employee shall be reduced by
the amount of any such social security benefits payable that are
attributable to Federal service of that employee covered by chapter 84 of
this title. However, eligibility for or receipt of benefits under chapter
84 of this title, or benefits under title II of the Social Security Act by
virtue of service covered by chapter 84 of this title, does not affect the
right of the employee to compensation for scheduled disabilities specified
by section 8107(c) of this title.
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