Sec. 502. Federal workers compensation reforms for retirement-age employees
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/bill/113/s/1486/is/section-502·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8101 is amended— in paragraph (18), by striking and at the end; in paragraph (19), by striking and at the end; in paragraph (20), by striking the period at the end and inserting a semicolon; and by adding at the end the following: retirement age has the meaning given that term under section 216(l)(1) of the Social Security Act ( 42 U.S.C. 416(l)(1) ); covered claim for total disability means a claim for a period of total disability that commenced before the date of enactment of the Workers' Compensation Reform Act of 2013 ; covered claim for partial disability means a claim for a period of partial disability that commenced before the date of enactment of the Workers' Compensation Reform Act of 2013 ; and individual who has an exempt disability condition means an individual— who— is eligible to receive continuous periodic compensation for total disability under section 8105 on the date of enactment of the Workers' Compensation Reform Act of 2013 ; and meets the criteria under section 8105(c); who, on the date of enactment of the Workers' Compensation Reform Act of 2013 — is eligible to receive continuous periodic compensation for total disability under section 8105; and has sustained a currently irreversible severe mental or physical disability for which the Secretary of Labor has authorized, for at least the 1-year period ending on the date of enactment of the Workers' Compensation Reform Act of 2013 , constant in-home care or custodial care, such as placement in a nursing home; or who is eligible to receive continuous periodic compensation for total disability under section 8105— for not less than the 3-year period ending on the date of enactment of the Workers' Compensation Reform Act of 2013 ; or if the individual became eligible to receive continuous periodic compensation for total disability under section 8105 during the period beginning on the date that is 3 years before the date of enactment of the Workers' Compensation Reform Act of 2013 and ending on such date of enactment, for not less than the 3-year period beginning on the date on which the individual became eligible. .
Section 8105 is amended— in subsection (a), by striking If and inserting ; In general .—Subject to subsection (b), if by redesignating subsection
(b)as subsection (c); and by inserting after subsection
(a)the following: Except as provided in paragraph (2), the basic compensation for total disability for an employee who has attained retirement age shall be 50 percent of the monthly pay of the employee. Paragraph
(1)shall not apply to a covered claim for total disability by an employee if the employee— on the date of enactment of the Workers' Compensation Reform Act of 2013 , has attained retirement age; is an individual who has an exempt disability condition; or is a member of a household that would meet the income and assets requirements for eligibility for the supplemental nutrition assistance program as described in section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) (not including any provisions permitting eligibility due to benefits received under any other law) if the basic compensation for total disability of the employee were provided in accordance with paragraph (1). For a covered claim for total disability by an employee who is not an employee described in subparagraph (A), the employee shall receive the basic compensation for total disability provided under subsection
(a)until the later of— the date on which the employee attains retirement age; and the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2013 . . Section 8106 is amended— in subsection (a), by striking If and inserting ; In general .—Subject to subsection (b), if by redesignating subsections
(b)and
(c)as subsections
(c)and (d), respectively; and by inserting after subsection
(a)the following: Except as provided in paragraph (2), the basic compensation for partial disability for an employee who has attained retirement age shall be 50 percent of the difference between the monthly pay of the employee and the monthly wage-earning capacity of the employee after the beginning of the partial disability. Paragraph
(1)shall not apply to a covered claim for partial disability by an employee if the employee— on the date of enactment of the Workers' Compensation Reform Act of 2013 , has attained retirement age; or is a member of a household that would meet the income and assets requirements for eligibility for the supplemental nutrition assistance program as described in section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) (not including any provisions permitting eligibility due to benefits received under any other law) if the basic compensation for total disability of the employee were provided in accordance with paragraph (1). For a covered claim for partial disability by an employee who is not an employee described in subparagraph (A), the employee shall receive basic compensation for partial disability in accordance with subsection
(a)until the later of— the date on which the employee attains retirement age; and the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2013 . .
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