§ 8110. Augmented compensation for dependents

564 words·~3 min read·/usc/title-5/section-8110

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(a)For the purpose of this section, “dependent” means—

(1)a wife, if—

(A)she is a member of the same household as the employee;

(B)she is receiving regular contributions from the employee for her support; or

(C)the employee has been ordered by a court to contribute to her support;

(2)a husband, if—

(A)he is a member of the same household as the employee; or

(B)he is receiving regular contributions from the employee for his support; or

(C)the employee has been ordered by a court to contribute to his support;

(3)an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is—

(A)under 18 years of age; or

(B)over 18 years of age and incapable of self-support because of physical or mental disability; and

(4)a parent, while wholly dependent on and supported by the employee.

Notwithstanding paragraph

(3)of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries.

(b)A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented—

(1)at the rate of 8⅓ percent of his monthly pay if that compensation is payable under section 8105 or 8107(a) of this title; and

(2)at the rate of 8⅓ percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under section 8106(a) of this title.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90–83, § 1(53), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, § 6, Sept. 7, 1974, 88 Stat. 1145.)

The references in former section 756(a)(2) to definitions in former section 760(H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

In subsection (a), the words “Notwithstanding paragraph

(3)of this subsection” are substituted for “Notwithstanding any other provision of this section” for clarity. The word “he” is substituted for “he or she” in two places on authority of 1 U.S.C. 1. The words “section 8101 of this title” are substituted for “section 10(M) of this Act” to reflect the codification of that section in title 5.

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U.S. Code

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Pub. L. 89–554
80 Stat. 539
Pub. L. 90–83, § 1(53)
81 Stat. 210
Pub. L. 93–416, § 6
88 Stat. 1145
Pub. L. 93–416
section 28(a) of Pub. L. 93–416
Pub. L. 90–83
section 7 of Pub. L. 90–83

Citation graph

cites case law

§ 8110

Augmented compensation for dependents

Fed. Reg.×19

U.S.C.×4

C.F.R.×3

Stat.×1

Pub. L.Pub. L. 89–554

Stat.80 Stat. 539

Pub. L.Pub. L. 90–83, § 1(53)

Stat.81 Stat. 210

Pub. L.Pub. L. 93–416, § 6

Cites 14 · showing 9Cited by 27 across 4 sources