Page:United States Statutes at Large Volume 90 Part 1.djvu/1396

 90 STAT. 1346

PUBLIC LAW 94-430—SEPT. 29, 1976

Public Law 94-430 94th Congress An Act Sept 29, 1976 [H.R. 366]

To amend the Omnibus Crime Control and Safe Streets Act of 1968, as amended, to provide benefits to survivors of certain public safety oflScers who die in the performance of duty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Public Safety Officers' Benefits be cited as the "Public Safety Officers' Benefits Act of 1976". Act of 1976. SEC. 2. Title I of the Omnibus Crime Control and Safe Streets Act 42 USC 3701 of 1968, as amended, is amended by adding at the end thereof the note. following new part: "PART J.—PUBLIC SAFETY OFFICERS' DEATH BENEFITS PAYMENTS

42 USC 3796.

"SEC. 701. (a) In any case in which the Administration determines, under regulations issued pursuant to this part, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Administration shall pay a benefit of $50,000 as follows: "(1) if there is no surviving child of such officer, to the surviving spouse of such officer; "(2) if there is a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares and one-half to the surviving spouse; "(3) if there is no surviving spouse, to the child or children of such officer in equal shares; or "(4) if none of the above, to the dependent parent or parents of such officer in equal shares. Interim payment. "(b) Whenever the Administration determines, upon a showing of need and prior to taking final action, that the death of a public safety officer is one with respect to which a benefit will probably be paid, the Administration may make an interim benefit payment not exceeding $3,000 to the person entitled to receive a benefit under subsection (a) of this section. "(c) The amount of an interim payment under subsection (b) of this section shall be deducted from the amount of any final benefit paid to such person. "(d) Where there is no final benefit paid, the recipient of any interim payment under subsection (b) of this section shall be liable for repayment of such amount. The Administration may waive all or part of such repayment, considering for this purpose the hardship which would result from such repayment. "(e) The benefit payable under this part shall be in addition to any other benefit that may be due from any other source, but shall be reduced by— "(1) payments authorized by section 8191 of title 5, United States Code;

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