Sec. 413. Death Gratuity
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## Sec. 413 Death Gratuity **[**[22 U.S.C. 3973](/us/usc/t22/s3973)**]** ###
(a)The Secretary may provide for payment of a gratuity to the surviving dependents of any Foreign Service employee who dies as a result of injuries sustained in the performance of duty abroad, in an amount equal to one year's salary at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death, except that for employees compensated under local compensation plans established under section 408 the amount shall be equal to the greater of either one year's salary at the time of death, or one year's basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death. Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source. ###
(b)Other Executive Agencies The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the survivors of any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207. ### (d)7 A death gratuity payment shall be made under this section only if the survivor entitled to payment under subsection
(c)is entitled to elect monthly compensation under section 8133 of title 5, United States Code, because the death resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty, without regard to whether such survivor elects to waive compensation under such section 8133. 7The placement of subsection
(d)is so in law. The amendment to redesignate subsection
(b)as subsection
(d)made by section 7082(a)(4) of division K of Public Law 113–76 probably should have included language to transfer subsection
(d)(as redesignated) and insert such subsection after subsection
(c)(or before subsection
(e)(as redes)). ### (c)8 Guidance Not later than 60 days after the date of the enactment of the Consolidated Appropriations Act, 2014, the Secretary shall, in consultation with the heads of other relevant executive agencies, issue guidance with criteria for determining eligibility for, and order of payments to, survivors and beneficiaries of any employee or of an individual in a special category serving in an uncompensated capacity for that agency who dies as a result of injuries sustained in the performance of duty while subject to the authority of the chief of mission pursuant to section 207. 8The designation for subsection
(c)was added to reflect the probable intent of Congress. See the amendment made by section 7082(a)(4) of division K of Public Law 113–76. ###
(e)As used in this section— ####
(1)the term “**Foreign Service employee**” means any member of the Service or United States representative to an international organization or commission; and ####
(2)each of the terms “**widow**”, “widower”, “child”, and “parent” shall have the same meaning given each such term by section 8101 of title 5, United States Code.
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