Page:United States Statutes at Large Volume 86.djvu/1295

 86 STAT. ]

PUBLIC LAW 92-576-OCT. 27, 1972

equal to 66% per centum of the minimum rate of basic pay established for a Federal employee in grade GS-2 by such section. " (d) Determinations under this subsection with respect to a period shall apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period." (b) Section 2 of such Act as amended by this Act is further amended by redesignating paragraph (20) thereof as paragraph (21) and by inserting immediately after paragraph (19) the following: "(20) The term 'national average weekly wage' means the national average weeklj^ earnings of production or nonsupervisory workers on private nonagricultural payrolls." (c) Section 8(d) of such Act is amended to read as follows: " (d)(1) If an employee who is receiving compensation for permanent partial disability pursuant to section 8(c)(l) - ( 2 0) dies from causes other than the injury, the total amount of the award unpaid at the time of death shall be payable to or for the benefit of his survivors, as follows: " (A) if the employee is survived only by a widow or widower, svich unpaid amount of the award shall be payable to such widow or widower, " (B) if the employee is survived only by a child or children, such unpaid amount of the award shall be paid to such child or children in equal shares, " (C) if the employee is survived by a widow or widower and a child or children, such unpaid amount of the award shall be payable to such survivors in equal shares, " (D) if there be no widow or widower and no surviving child or children, such unpaid amount of the award shall be paid to the survivors specified in section 9(d) (other than a wife, husband, or child); and the amount to be paid each such survivor shall be determined by multiplying such unpaid amount of the award by the appropriate percentage specified in section 9(d), but if the aggregate amount to which all such survivors are entitled, as so determined, is less than such unpaid amount of the award, the excess amount shall be divided among such survivors pro rata according to the amount otherwise payable to each under this subparagraph. "(2) Notwithstanding any other limitation in section 9, the total amount of any award for permanent partial disability pursuant to section 8(c)(l) - ( 2 0) unpaid at time of death shall be payable in full in the appropriate distribution. "(3) If an employee who was receiving compensation for permanent partial disability pursuant to section 8(c) (21) dies from causes other than the injury, his survivors shall receive death benefits as provided in section 9(b) - (g), except that the percentage figures therein shall be applied to the weekly compensation payable to the employee at the time of his death multiplied by 1.5, rather than to his average weekly wages. "(4) An award for disability may be made after the death of the injured employee. Except where compensation is payable under section 8(c) (21), if there be no survivors as prescribed in this section, then the compensation payable under this subsection shall be paid to the special fund established under section 44(a) of this Act." (d) The first phrase of section 9 of such Act, preceding the first colon, is amended to read as follows: "If the injury causes death, or if the employee who sustains permanent total disability due to the injury thereafter dies from causes

1253 s use 5332 "°*^'

^"'^' ^' ^^^^• "National aver^^gj^f.^''^^ "" s^^t. 1429. ^^ "^^ ^°^' 44 Stat. 1427; p°of^'^*" ^/2^5'5

P°^^' P- 1258.

- • H 12^8^''^^'^^^^'

Post,

p. 1256,

^^ ^sc 909.

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