Sec. 2. Increasing the death gratuity for a Federal civilian employee killed in the line of duty
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Subchapter VII of chapter 55 of title 5, United States Code, is amended by adding at the end the following: In this section— the term child — includes— a natural child; and an adopted child; and does not include a stepchild who has not been adopted by the applicable civilian employee; and the term civilian employee means an individual who the Secretary of Labor has determined is an employee, as defined in section 8101(1). Notwithstanding section 8116, and in addition to any payment made under subchapter I of chapter 81, the head of an agency shall pay from appropriations made available for salaries and expenses of that agency a death gratuity for the death of a civilian employee of that agency occurring on or after the date of enactment of this section if the death of the civilian employee— resulted from an injury sustained in the line of duty; and did not result from— natural causes; or serious and willful misconduct by the civilian employee.
A death gratuity paid under paragraph
(1)shall be— in the amount described in subsection (c); and paid to a person described in subsection (d). Except as provided in paragraph (2), the amount of a death gratuity paid under this section shall be— $100,000 per civilian employee; and adjusted annually on March 1 of each year by the amount determined by the Secretary of Labor to represent the percentage difference between the Consumer Price Index (all items; United States city average) published for December of the preceding year and that price index published for the December of the year before the preceding year, adjusted to the nearest 1/10 of 1 percent. The amount of a death gratuity paid in relation to the death of a civilian employee compensated under a local compensation plan established under section 408 of the Foreign Service Act of 1980 ( 22 U.S.C. 3968 ) shall be determined by regulations promulgated by the Secretary of State. Upon the establishment of a valid claim for a death gratuity under this section, payment shall be made— to a person who— survives a civilian employee on the date of the death of the civilian employee; and is alive on the date that title to the payment arises; and in the order of precedence established under paragraph (2). The order of precedence established under this paragraph is as follows: To a beneficiary designated by the civilian employee in a signed and witnessed writing that— is received by the agency employing the civilian employee before the date of the death of the civilian employee; and specifies that the beneficiary shall receive an amount payable under this section. A will or other document that is not executed and filed as described in clause
(i)shall not constitute a writing under clause
(i)and such a will or other document shall have no force or effect. If there is no beneficiary designated under subparagraph (A), to the surviving spouse of the civilian employee. If subparagraphs
(A)and
(B)do not apply, to— the child or children of the civilian employee; and any descendants of a deceased child or children of the civilian employee by representation. If subparagraphs (A), (B), and
(C)do not apply, to the surviving parent or parents of the civilian employee. If subparagraphs
(A)through
(D)do not apply, to the duly appointed executor or administrator of the estate of the civilian employee. If subparagraphs
(A)through
(E)do not apply, to the person entitled to the payment under the laws of the domicile of the civilian employee on the date of the death of the civilian employee. A payment under this section shall not be considered gross income of a person described in subsection (d)(2) under section 61 of the Internal Revenue Code of 1986. . Section 40122(g)(2) of title 49, United States Code, is amended— by redesignating subparagraphs
(C)through
(J)as subparagraphs
(D)through (K), respectively; and by inserting after subparagraph
(B)the following: section 5571, relating to a death gratuity resulting from an injury sustained in the line of duty; . Chapter 55 of title 5, United States Code, is amended— in the heading for subchapter VII, by striking and inserting employees ; and persons and payments for disability or death in the table of sections— by striking the item relating to subchapter VII and inserting the following: SUBCHAPTER VII—Payments to missing persons and payments for disability or death ; and by inserting after the item relating to section 5570 the following: 5571. Certain employee death gratuities payable by reason of death of a Federal civilian employee resulting from an injury sustained in the line of duty. .
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Sec. 2
Increasing the death gratuity for a Federal civilian employee killed in the line of duty
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