Page:United States Statutes at Large Volume 90 Part 1.djvu/1397

 PUBLIC LAW 9 4 - 4 3 0 — S E P T. 29, 1976

90 STAT. 1347

" (2) payments authorized by section 12(k) of the Act of September 1, 1916, as amended (D.C. Code, sec. 4 - 5 3 1 (1)). " (f) No benefit paid under this part shall be subject to execution or attachment. uLIMITATIONS " SEC. 702. No benefit shall be paid under this part — " (1) if the death was caused by the intentional misconduct of the public safety officer or by such officer's intention to b r i n g about his death; " (2) if voluntary intoxication of the public safety officer was the proximate cause of such officer's death; or " (3) to any person who would otherwise be entitled to a benefit under this part if such person's actions were a substantial cont r i b u t i n g factor to the death of the public safety officer.

42 USC 3796a.

uDEFINITIONS 42 USC 3796b. " SEC. 703. A s used in this part — " (1) 'child' means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer who, at the time of the public safety officer's death, is— " (A) eighteen years of age or under; " (B) over eighteen years of age and a student as defined in section 8101 of title 5, United States Code; or " (C) over eighteen years of age and incapable of selfsupport because of physical or mental disability; " (2) 'dependent' means a person who was substantially reliant for support upon the income of the deceased public safety officer; " (3) 'fireman' includes a person serving as an officially recognized or designated member of a legally organized volunteer fire department; " (4) 'intoxication' means a disturbance of mental or physical faculties resulting from the introduction of alcohol, drugs, or other substances into the body; " (5) 'law enforcement officer' means a person involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws. This includes, but is not limited to, police, corrections, probation, parole, and judicial officers; " (6) 'public agency' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States, or any unit of local government, combination of such States, or units, or any department, agency, or instrumentality of any of the foregoing; and " (7) 'public safety officer' means a person serving a public agency in an official capacity, with or without compensation, as a law enforcement officer or as a fireman. aADMINISTRATIVE

PROVISIONS

" SEC. 704. (a) The Administration is authorized to establish such Rules and rules, regulations, and procedures as may be necessary to carry out the regulations. purposes of this part. Such rules, regulations, and procedures will be 42 USC 3796c. determinative of conflict of laws issues arising under this part. Rules, regulations, and procedures issued under this part may include regulations governing the recognition of agents or other persons representing claimants under this part before the Administration. The Adminis-

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