§ 8132. Adjustment after recovery from a third person

649 words·~3 min read·/usc/title-5/section-8132

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If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to continuation of pay or compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or on his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the United States the amount of continuation of pay or compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury.

No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees’ Compensation Fund. If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to him by the United States for the same injury.

However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the United States.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 547; Pub. L. 90–83, § 1(61), Sept. 11, 1967, 81 Stat. 211; Pub. L. 93–416, § 15, Sept. 7, 1974, 88 Stat. 1147; Pub. L. 117–263, div. E, title LIII, § 5305(b)(2), Dec. 23, 2022, 136 Stat. 3254.)

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

The words “However, * * * is entitled to retain * * * plus” are substituted for “Provided, That * * * shall have the right to retain * * * and, in addition, to retain”.

Connections20 cite this · traces to 3

11 references not yet in our index

Pub. L. 89–554
80 Stat. 547
Pub. L. 90–83, § 1(61)
81 Stat. 211
Pub. L. 93–416, § 15
88 Stat. 1147
136 Stat. 3254
Pub. L. 93–416
section 28(a) of Pub. L. 93–416
Pub. L. 90–83
section 7 of Pub. L. 90–83

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cites case law

§ 8132

Adjustment after recovery from a third person

Fed. Reg.×18

Stat.×1

U.S.C.×1

Pub. L.Public Law 117-263

U.S.C.§ 8101

U.S.C.§ 8103

Pub. L.Pub. L. 89–554

Stat.80 Stat. 547

Pub. L.Pub. L. 90–83, § 1(61)

Stat.81 Stat. 211

Pub. L.Pub. L. 93–416, § 15

Cites 14 · showing 8Cited by 20 across 3 sources