Page:United States Statutes at Large Volume 93.djvu/1252

 93 STAT. 1220

PUBLIC LAW 96-157—DEC. 27, 1979 "(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. "(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 pa3anent under subsection (b) 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) 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; or "(2) payments authorized by section 12(k) of the Act of September 1, 1916, as amended (D.C. Code, sec. 4-531(1)). "(f) No benefit paid under this part shall be subject to execution or attachment. "LIMITATIONS

42 USC 3796a.

"SEC. 1202. 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 bring 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 contributing factor to the death of the public safety officer. "DEFINITIONS

42 USC 3796b.

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"SEC. 1203. As 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— "(i) eighteen years of age or under; "(ii) over eighteen years of age and a student as defined in section 8101 of title 5, United States Code; or "(iii) 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;

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