Sec. 1202. limitations
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## Sec. 1202 limitations **[**[34 U.S.C. 10282](/us/usc/t34/s10282)**]** ###
(a)In General No benefit shall be paid under this part— ####
(1)if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death, disability, or injury; ####
(2)if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury; ####
(3)if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal or catastrophic injury; ####
(4)to any individual who would otherwise be entitled to a benefit under this part if such individual's actions were a substantial contributing factor to the fatal or catastrophic injury of the public safety officer; or ####
(5)with respect to any individual employed in a capacity other than a civilian capacity. ###
(b)Presumption In determining whether a benefit is payable under this part, the Bureau— ####
(1)shall presume that none of the limitations described in subsection
(a)apply; and ####
(2)shall not determine that a limitation described in subsection
(a)applies, absent clear and convincing evidence.
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U.S. Code