14 U.S.C. § 707 : US Code - Section 707: Temporary members of the Reserve; disability or death benefits

Search 14 U.S.C. § 707 : US Code - Section 707: Temporary members of the Reserve; disability or death benefits

(a) If a temporary member of the Reserve is physically injured,
or dies as a result of physical injury, and the injury is incurred
incident to service while performing active duty, or engaged in
authorized travel to or from that duty, the law authorizing
compensation for employees of the United States suffering injuries
while in the performance of their duties, applies, subject to this
section. That law shall be administered by the Secretary of Labor
to the same extent as if the member was a civil employee of the
United States and was injured in the performance of that duty. For
benefit computation, regardless of pay or pay status, the member is
considered to have had monthly pay of the monthly equivalent of the
minimum rate of basic pay in effect for grade GS-9 of the General
Schedule on the date the injury is incurred.
(b) This section does not apply if the workmen's compensation law
of a State, a territory, or another jurisdiction provides coverage
because of a concurrent employment status of the temporary member.
When the temporary member or a dependent is entitled to a benefit
under this section and also to a concurrent benefit from the United
States on account of the same disability or death, the temporary
member or dependent, as appropriate, shall elect which benefit to
receive.
(c) If a claim is filed under this section with the Secretary of
Labor for benefits because of an alleged injury or death, the
Secretary of Labor shall notify the Commandant who shall direct an
investigation into the facts surrounding the alleged injury or
death. The Commandant shall then certify to the Secretary of Labor
whether or not the injured or deceased person was a temporary
member of the Reserve, the person's military status, and whether or
not the injury or death was incurred incident to military service.
(d) A temporary member of the Reserve, who incurs a physical
disability or contracts sickness or disease while performing a duty
to which the member has been assigned by competent authority, is
entitled to the same hospital treatment afforded a member of the
Regular Coast Guard.
(e) In administering section 8133 of title 5, for a person
covered by this section -
(1) the percentages applicable to payments under that section
are -
(A) 45 percent under subsection (a)(2) of that section, where
the member died fully or currently insured under title II of
the Social Security Act (42 U.S.C. 401 et seq.), with no
additional payments for a child or children so long as the
widow or widower remains eligible for payments under that
subsection;
(B) 20 percent under subsection (a)(3) of that section, for
one child, and 10 percent additional for each additional child,
not to exceed a total of 75 percent, where the member died
fully or currently insured under title II of the Social
Security Act; and
(C) 25 percent under subsection (a)(4) of that section, if
one parent was wholly dependent for support upon the deceased
member at the time of the member's death and the other was not
dependent to any extent; 16 percent to each if both were wholly
dependent; and if one was, or both were, partly dependent, a
proportionate amount in the discretion of the Secretary of
Labor;
(2) payments may not be made under subsection (a)(5) of that
section; and
(3) the Secretary of Labor shall inform the Commissioner of
Social Security whenever a claim is filed and eligibility for
compensation is established under subsection (a)(2) or (a)(3) of
section 8133 of title 5. The Commissioner of Social Security
shall then certify to the Secretary of Labor whether or not the
member concerned was fully or currently insured under title II of
the Social Security Act at the time of the member's death.