Page:United States Statutes at Large Volume 63 Part 1.djvu/899

 63 STAT.] 81sT CONG. , 1ST SESS.-CH. 691-OCT. 14, 1949 or agency thereof (including instrumentalities of the United States wholly owned by it), without compensation or for nominal com- pensation, in any case in which acceptance or use of such services is authorized by an Act of Congress or in which provision is made by law for payment of the travel or other expenses of such person; and (5) persons, other than independent contractors and their employees, employed on the Menominee Indian Reservation in the State of Wis- consin, subsequent to September 7, 1916, in operations conducted pursuant to the Act entitled 'An Act to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin', approved March 28, 1908, as amended, or any other Act relating to tribal timber and logging operations on the Menominee Reservation." (c) Paragraph (c) of such section, as so designated, defining the term "commission", is further amended by inserting "former" after the words "to the" and by striking out the words "provided for in section 28". (d) Paragraph (f) of such section, as so designated, defining the term "monthly pay", is further amended by inserting, immediately before the period, the following: "except when otherwise determined under section 6 (d) with respect to any period". (e) Such section is further amended by adding thereto a new para- graph "(i)" reading as follows: "(i) The term 'Administrator' means the Federal Security Administrator." INCREASE OF COMPUTATION BASE WHERE INJURY OCCURRED BEFORE JULY 1, 1946 SEC. 109. Notwithstanding any other provision of this Act or of the Federal Employees' Compensation Act, the monthly pay upon the basis of which compensation for disability or death is computed under the Federal Employees' Compensation Act, as amended, shall, effective on the first day of the first calendar month following enactment of this Act, be increased by 40 per centum if the injury (or injury causing death) occurred before May 1, 1943, in the cases of persons employed in the postal service whose compensation was affected by the Act of April 9, 1943 (57 Stat. 59), or before January 1, 1941, in all other cases, or by 10 per centum if the injury (or injury causing death) occurred on or after such date but before July 1, 1946, except that such increase shall in no event exceed $50. This section shall apply to any case of death caused by such an injury, regardless of whether such death occurs or occurred before or after the enactment of this Act. TITLE II-TECHNICAL AMENDMENTS EXCLUSIVENESS OF REMEDY SEC. 201. Section 7 of the Federal Employees' Compensation Act, as amended (5 U. S . C., 1946 edition, sec. 757), is further amended by inserting the designation "(a)" immediately before the first sen- tence thereof and by adding to such section a new subsection reading as follows: "(b) The liability of the United States or any of its instrumental- ities under this Act or any extension thereof with respect to the injury or death of an employee shall be exclusive, and in place, of all other liability of the United States or such instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and anyone otherwise entitled to recover damages from the United States or such 861 35 Btat. 51 . Pot, . 84. Ane, p. 859 . "Admrinstrator." 39U..o.i.a83 836 note. Applicabilty. 39 Stat. 743. Liability of U. S.

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