Page:United States Statutes at Large Volume 40 Part 1.djvu/632

 614 SIXTY-FIFTH CONGRESS. Sess. II. Ch. 104. 1918. _ shall bar an ht to compensation on account of the same injury u;iirz?1°ii.utif§f°w"by or death. Thlelgcause of action so assigned to the United States ma be prosecuted or compromised by the director, and any money reahze` d or collected thereon less the reasonable expenses of suc U { t realization or collection, shall be placed to the credit of the m1l1tary eav:’;_° °°”°°“ r°' and naval compensation appropriation. If the amount placed to the credit of suc appropriation in such case is in excess of the amount . of the award of compensation, if any, such excess shall be paid to thedberileiiciaryd after any compensation award for the same injury or eat is ma e. m,§,‘g.,‘?°f§Y,§c,*;§,,g*§Y,§` "If a beneficiary or conditional beneficiary shall have recovered, °°¤P¤¤¤¤¤°¤- as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other (person, such money or other property so recovered shall be credite upon any compensation paya le, or which may becomteupa able, to such beneficiary, or conditional] bekpeficiary by the Uni Slates on account of the same _ injury or eat . crs?§iim°m; :1;; b;‘.(2) ga arz£;ju·ryl;t_p1r;,  fordwuhlirsllgrccizmpemattglcgn may bp pay- ,0,,,, ,,,,,,,,,,,,,,,,,, a e un r 1 is use rrcums ces crea a ¤·1¤i¤i)¤- y legal liability upon some person, other than the United Statlgsg or the enemy, to pay damages therefor, then, in order to sreserve the right of action, the director may requirethe condition beneficiary at any time after the injury or eath, to assign such right of action to the United_States,» or  it appears to be-for the best interests of zcgh conditional brii)nefic11;ry, to, prosecuteqtg;  cause oi action ,,,,,,,,, in ownname,suject or tions. 'ureonte art an of the beneficiary to so amign or to prosecute the said cause of acltiion in his own name within areasonable time, to be fixed by the director, shall bar any right to compensation on account of the same inj1u·y or U g°*°·· by death. The cause of action so assigned may be prosecuted or compromised by the director and any money realized or collected thereon, less the reasonable expenses of such realization or collection, shall be paid to such beneficiary, and be credited upon any future compensation which may become payable to such benenciary t be by the United States on account of the same injury or death. m¥f§“'“"°°’ ° " (3) The bureau shall malge all necessary regulations for carrying algozgtg udzgtgggcgf out the (purposes of this section. For the purposes of computation tary. only un er this section the total amount o co nsation due any beneficiary shall be deemed to be equivalent to isulismp sum equal to the present value of all future payments of compensation computed as o the date of the award of com ensation at four er centum, true discount, compounded annually. The probability ofllhe bene/rici ’s death before the expiration of the period during which he is to compensation s all be determmed according to the American Cmdimml buh Experience Table of Mortality. iiciarydstlned. "A conditional beneficiary is any person who may become entitled to_ czrgpensation under this article on or after the death of the 0 I1 Ol'    . . • Ngwfhigehmgg M "Notl:ring in this section shall be construed to rmpose any adminis- Imrme trative duties upon the War or Navy Departments." ` Sec. 19. That section four hundred and one of said Act is hereby Time for I up amended to read as follows: ' prraartus. "Smo. 401. That such insurance must be ap lied for within one edj‘”"» ¥’· ‘“’°· °‘°°"‘*‘ hundred and twenty days after enlistment or after entrance inte er 4¤¢¢,p·438· employment in the active service and before discharge or resignation, except that those persons who are in the active war service at the time of the publication of the terms and conditions of such contract Hmm In www of insurance may aippg at_ any time within one hundred and twenty disabled maya; with- days thereafter an w 'le in such service. Any person in the active °“‘°¥’P'Y*°¥· service on or after the sixth day of April, nineteen hundred and sev-