Page:United States Statutes at Large Volume 117.djvu/662

 PUBLIC LAW 108–20—APR. 30, 2003

117 STAT. 643

received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years. ‘‘(2) NO BENEFITS IN CASE OF DEATH.—No payment shall be made under subsection (a) in compensation for loss of employment income subsequent to the receipt, by the survivor or survivors of an eligible individual, of benefits under section 266 for death. ‘‘(3) LIMIT ON TOTAL BENEFITS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B)— ‘‘(i) total compensation paid to an individual under subsection (a) shall not exceed $50,000 for any year; and ‘‘(ii) the lifetime total of such compensation for the individual may not exceed an amount equal to the amount authorized to be paid under section 266. ‘‘(B) PERMANENT AND TOTAL DISABILITY.—The limitation under subparagraph (A)(ii) does not apply in the case of an eligible individual who is determined to have a covered injury or injuries meeting the definition of disability in section 216(i) of the Social Security Act (42 U.S.C. 416(i)). ‘‘(4) WAITING PERIOD.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), an eligible individual shall not be provided compensation under this section for the first 5 work days of loss of employment income. ‘‘(B) EXCEPTION.—Subparagraph (A) does not apply if the period of loss of employment income of an eligible individual is 10 or more work days. ‘‘(5) TERMINATION OF BENEFITS.—No payment shall be made under subsection (a) in compensation for loss of employment income once the eligible individual involves reaches the age of 65. ‘‘(d) BENEFIT IN ADDITION TO MEDICAL BENEFITS.—A benefit under subsection (a) shall be in addition to any amounts received by an eligible individual under section 264. ‘‘SEC. 266. PAYMENT FOR DEATH.

42 USC 239e.

‘‘(a) DEATH BENEFIT.— ‘‘(1) IN GENERAL.—The Secretary shall pay, in the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, a death benefit in the amount determined under paragraph (2) to the survivor or survivors in the same manner as death benefits are paid pursuant to the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) with respect to an eligible deceased (except that in the case of an eligible individual who is a minor with no living parent, the legal guardian shall be considered the survivor in the place of the parent). ‘‘(2) BENEFIT AMOUNT.— ‘‘(A) IN GENERAL.—The amount of the death benefit under paragraph (1) in a fiscal year shall equal the amount of the comparable benefit calculated under the Public Safety Officers’ Benefits Program under subpart 1 of part

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