Page:United States Statutes at Large Volume 81.djvu/245

 81

STAT.]

PUBLIC LAW 90-83-SEPT. 11, 1967

(B) by inserting the following new subsection at the end thereof: "(b)(1) Before review under section 8128(a) of this title, a claimant for compensation not satisfied with a decision of the Secretary under subsection (a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary. At the hearing, the claimant is entitled to present evidence in further support of his claim. Within 30 days after the hearing ends, the Secretary shall notify the claimant in writing of his further decision and any modifications of the award he may make and of the basis of his decision. "(2) I n conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 554 of this title except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he shall receive such relevant evidence as the claimant adduces and such other evidence as he determines necessary or useful in evaluating the claim."; and (C) by amending the catchine to read as follows: § 8124. Findings and award; hearings (59) The analysis of chapter 81 is amended by striking out the following item: "8124. Findings and award." and by inserting the following item in place thereof:

211

8° ^'^^- ^^s.

so Stat. 334.

"8124. Findings and award; hearings."

(60) Section 8131(c) is amended by inserting the following new sentence at the end thereof: "However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted." (61) Section 8132 is amended by inserting the following new sentence at the end thereof: "However, the beneficiary is entitled to retain 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, plus an amount equivalent to a reasonable attorney's fee proportionate to the refund to the United States." (62) Section 8133 is amended— (A) by inserting the following new sentence flush at the end of subsection (b): "Notwithstanding paragraph (3) of this subsection, compensation payable to or for a child, a brother or sister, or a grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined by section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries."; and (B) by amending subsection (e) to read: "(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS-2. However, the total monthly compensation may not exceed— " (1) the monthly pay computed under section 8114 of this title; or "(2) 75 percent of the monthly pay of the maximum rate of basic pay for GS-15." (63) Section 8135 is amended— (A) by inserting the designation " (a) " before the word "The" at the beginning thereof; and (B) by inserting the following new subsection at the end thereof:

^"fe, p. 209.

so Stat. 540.

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