Page:United States Statutes at Large Volume 63 Part 1.djvu/896

 858 PUBLIC LAWS-CH. 691-OCT. 14, 1949 [63 STAT. "(2) Except for the amount of such compensation payable with respect to any period preceding the disabled individual's death, the payments to be made under paragraph (1) shall be at the basic rate of compensation for permanent disability specified in subsection (a) of this section, even if at the time of such death the decedent was Infr. entitled to the augmented rate specified in section 6 (a). "(3) (A) The right of any surviving beneficiary listed in para- graph (1) to any payment pursuant to this subsection, except a bene- ficiary under clause (E) thereof, shall be conditioned upon his being alive to receive such payment and no such beneficiary shall have a vested right to any such payment. "(B) The entitlement of any beneficiary to payments under clauses (A) to (D) of paragraph (1) shall cease upon the happening of any event which would terminate the right of such beneficiary to 3 Stat. 44764. compensation for death under section 10. Upon the cessation of the Pt,p. 859. entitlement of any beneficiary under such clauses (A) to (D), the compensation remaining unpaid under paragraph (1) which would have been payable to him had such entitlement continued shall be payable to the surviving beneficiary or beneficiaries, if any, within the same class or, if there are none, then to the beneficiary or bene- ficiaries next entitled to priority under such paragraph." ELIMINATION OF MAXIMUM AND INCREASE OF MINIMUM BENEFIT AMOUNT-DEPENDENTS' BENEFITS, AND SO FORTH SEC. 105. Section 6 of the Federal Employees' Compensation Act, 39Stat 743. as amended (5 U. S . C., 1946 edition, sec. 756), is further amended to read as follows: "SEc. 6 . (a) (1) While the disabled employee has one or more dependents, his basic compensation for disability payable under sec- tion 3 or section 5 (a) (including compensation payable under the Am ,p.8s schedule to section 5 (a) by virtue of section 5 (b)) shall be augmented at the rate of 81/3 per centum of his monthly pay, and his basic com- Ante, p.8 pensation for disability payable under section 4 (a) shall be aug- mented at the rate of 81/3 per centum of the difference between his Limitation. monthly pay and his monthly wage-earning capacity: Provided, That for any period of temporary total disability the augmentation of his Atc, p. s8 basic compensation for disability payable under section 3 shall be limited to that part of his monthly pay which is not in excess of $420. "Dependent." "(2) As used in this subsection, the term 'dependent' shall mean any of the following: "(A) A wife, if (i) she is a member of the same household as the employee or is receiving regular contributions from him toward her support, or (ii) he has been ordered by any court to contribute to her support. "(B) A husband, if wholly dependent by reason of his own physical or mental disability upon the employee for support. 59s. 7. ".(C) An unmarried child (as defined in section 10 (H)), while such child (i) is under eighteen years of age or, if over eighteen, is incapable of self-support by reason of mental or physical dis- ability, and (ii) is living with the employee or receiving regular contributions toward his support from the employee. au.s.c . 74 . "(D) A parent (as defined in section 10 (H)), while wholly Addition comdependent upon and supported by the employee. sadndition.al ompe- "(b) (1) In addition to the monthly compensation otherwise speci- fied in this Act the Administrator may pay an injured employee, who has been awarded compensation, an additional sum of not more than $75 a month, as the Administrator may deem necessary, when the Administrator shall find that the service of an attendant is necessary constantly to be used by reason of the employee's being totally bind,

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