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(a) If death results from an injury sustained in the performance of
duty, the United States shall pay a monthly compensation equal to a
percentage of the monthly pay of the deceased employee in accordance with
the following schedule:
(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent and in
addition 15 percent for each child not to exceed a total of 75 percent for
the widow or widower and children.
(3) To the children, if there is no widow or widower, 40 percent for one
child and 15 percent additional for each additional child not to exceed a
total of 75 percent, divided among the children share and share alike.
(4) To the parents, if there is no widow, widower, or child, as follows:
(A) 25 percent if one parent was wholly dependent on the employee at the
time of death and the other was not dependent to any extent;
(B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Secretary of Labor
if one or both were partly dependent.
If there is a widow, widower, or child, so much of the percentages are
payable as, when added to the total percentages payable to the widow,
widower, and children, will not exceed a total of 75 percent.
(5) To the brothers, sisters, grandparents, and grandchildren, if there
is no widow, widower, child, or dependent parent as follows:
(A) 20 percent if one was wholly dependent on the employee at the time
of death;
(B) 30 percent if more than one was wholly dependent, divided among the
dependents share and share alike; or
(C) 10 percent if no one is wholly dependent but one or more is partly
dependent, divided among the dependents share and share alike.
If there is a widow, widower, or child, or dependent parent, so much of
the percentages are payable as, when added to the total percentages
payable to the widow, widower, children, and dependent parents, will not
exceed a total of 75 percent.
(b) The compensation payable under subsection (a) of this section is
paid from the time of death until--
(1) a widow, or widower dies or remarries before reaching age 55;
(2) a child, a brother, a sister, or a grandchild dies, marries, or
becomes 18 years of age, or if over age 18 and incapable of self-support
becomes capable of self-support; or
(3) a parent or grandparent dies, marries, or ceases to be dependent.
Notwithstanding paragraph (2) of this subsection, compensation payable
to or for a child, a brother or sister, or grandchild that would otherwise
end because the child, brother or sister, or grandchild has reached 18
years of age shall continue if he is a student as defined by section 8101
of this title at the time he reaches 18 years of age for so long as he
continues to be such a student or until he marries. A widow or widower who
has entitlements to benefits under this title derived from more than one
husband or wife shall elect one entitlement to be utilized.
(c) On the cessation of compensation under this section to or on account
of an individual, the compensation of the remaining individuals entitled
to compensation for the unexpired part of the period during which their
compensation is payable, is that which they would have received if they
had been the only individuals entitled to compensation at the time of the
death of the employee.
(d) When there are two or more classes of individuals entitled to
compensation under this section and the apportionment of compensation
under this section would result in injustice, the Secretary may modify the
apportionment to meet the requirements of the case.
(e) In computing compensation under this section, the monthly pay is
deemed not less than the minimum rate of basic pay for GS-2. However, the
total monthly compensation may not exceed--
(1) the monthly pay computed under section 8114 of this title, except
for increases authorized by section 8146a of this title; or
(2) 75 percent of the monthly pay of the maximum rate of basic pay for
GS-15.
(f) Notwithstanding any funeral and burial expenses paid under section
8134, there shall be paid a sum of $200 to the personal representative of
a deceased employee within the meaning of section 8101(1) of this title
for reimbursement of the costs of termination of the decedent's status as
an employee of the United States.
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