{"identifier":"/us/usc/t42/s7385s\u20133","title":42,"num":"\u00a7\u202f7385s\u20133.","heading":"Compensation schedule for survivors","text":"\u00a7\u202f7385s\u20133.\nCompensation schedule for survivors\n(a)\nCategories of compensation\nThe amount of contractor employee compensation under this part for the survivor of a covered DOE contractor employee shall be determined as follows:\n(1)\nCategory one\nThe survivor shall receive the amount of $125,000, if the Secretary determines that\u2014\n(A) the employee would have been entitled to compensation under\nsection 7385s\u20134 of this title\n(B) it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the death of such employee.\n(2)\nCategory two\nThe survivor shall receive the amount of $150,000, if paragraph (1) applies to the employee and the Secretary also determines that there was an aggregate period of not less than 10 years, before the employee attained normal retirement age (for purposes of the Social Security Act [\n42 U.S.C. 301\nsection 7385s\u20132(a)(2)(A)(ii) of this title\n(3)\nCategory three\nThe survivor shall receive the amount of $175,000, if paragraph (1) applies to the employee and the Secretary also determines that there was an aggregate period of not less than 20 years, before the employee attained normal retirement age (for purposes of the Social Security Act [\n42 U.S.C. 301\nsection 7385s\u20132(a)(2)(A)(ii) of this title\n(b)\nOne amount only\nThe survivor of a covered DOE contractor employee to whom more than one amount under subsection (a) applies shall receive only the highest such amount.\n(c)\nDetermination and allocation of shares\nThe amount under subsection (a) shall be paid only as follows:\n(1) If a covered spouse is alive at the time of payment, such payment shall be made to such surviving spouse.\n(2) If there is no covered spouse described in paragraph (1), such payment shall be made in equal shares to all covered children who are alive at the time of payment.\n(3) Notwithstanding the other provisions of this subsection, if there is\u2014\n(A) a covered spouse described in paragraph (1); and\n(B) at least one covered child of the employee who is living at the time of payment and who is not a recognized natural child or adopted child of such covered spouse,\nthen half of such payment shall be made to such covered spouse, and the other half of such payment shall be made in equal shares to each covered child of the employee who is living at the time of payment.\n(d)\nDefinitions\nIn this section:\n(1) The term \u201ccovered spouse\u201d means a spouse of the employee who was married to the employee for at least one year immediately before the employee\u2019s death.\n(2) The term \u201ccovered child\u201d means a child of the employee who, as of the employee\u2019s death\u2014\n(A) had not attained the age of 18 years;\n(B) had not attained the age of 23 years and was a full-time student who had been continuously enrolled as a full-time student in one or more educational institutions since attaining the age of 18 years; or\n(C) had been incapable of self-support.\n(3) The term \u201cchild\u201d includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child.","url":"https://projectusc.org/usc/t42/s7385s\u20133.html","content":[{"t":"sec","id":"/us/usc/t42/s7385s\u20133","children":[{"t":"num","text":"\u00a7\u202f7385s\u20133."},{"t":"heading","text":"Compensation schedule for survivors"},{"t":"subsec","id":"/us/usc/t42/s7385s\u20133/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Categories of compensation"},{"t":"chapeau","text":"The amount of contractor employee compensation under this part for the survivor of a covered DOE contractor employee shall be determined as follows:"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Category one"},{"t":"chapeau","text":"The survivor shall receive the amount of $125,000, if the Secretary determines that\u2014"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20133/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the employee would have been entitled to compensation under ","children":[{"t":"ref","text":"section 7385s\u20134 of this title","href":"/us/usc/t42/s7385s\u20134","tail":" for a covered illness; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20133/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the death of such employee.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Category two"},{"t":"content","children":[{"t":"p","text":"The survivor shall receive the amount of $150,000, if paragraph (1) applies to the employee and the Secretary also determines that there was an aggregate period of not less than 10 years, before the employee attained normal retirement age (for purposes of the Social Security Act [","children":[{"t":"ref","text":"42 U.S.C. 301","href":"/us/usc/t42/s301","tail":" et seq.]), during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee\u2019s annual wage did not exceed 50 percent of the average annual wage of that employee, as determined under "},{"t":"ref","text":"section 7385s\u20132(a)(2)(A)(ii) of this title","href":"/us/usc/t42/s7385s\u20132/a/2/A/ii","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Category three"},{"t":"content","children":[{"t":"p","text":"The survivor shall receive the amount of $175,000, if paragraph (1) applies to the employee and the Secretary also determines that there was an aggregate period of not less than 20 years, before the employee attained normal retirement age (for purposes of the Social Security Act [","children":[{"t":"ref","text":"42 U.S.C. 301","href":"/us/usc/t42/s301","tail":" et seq.]), during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee\u2019s annual wage did not exceed 50 percent of the average annual wage of that employee, as determined under "},{"t":"ref","text":"section 7385s\u20132(a)(2)(A)(ii) of this title","href":"/us/usc/t42/s7385s\u20132/a/2/A/ii","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7385s\u20133/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"One amount only"},{"t":"content","children":[{"t":"p","text":"The survivor of a covered DOE contractor employee to whom more than one amount under subsection (a) applies shall receive only the highest such amount.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7385s\u20133/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Determination and allocation of shares"},{"t":"chapeau","text":"The amount under subsection (a) shall be paid only as follows:"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" If a covered spouse is alive at the time of payment, such payment shall be made to such surviving spouse.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" If there is no covered spouse described in paragraph (1), such payment shall be made in equal shares to all covered children who are alive at the time of payment.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/c/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" Notwithstanding the other provisions of this subsection, if there is\u2014"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20133/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a covered spouse described in paragraph (1); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20133/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" at least one covered child of the employee who is living at the time of payment and who is not a recognized natural child or adopted child of such covered spouse,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"then half of such payment shall be made to such covered spouse, and the other half of such payment shall be made in equal shares to each covered child of the employee who is living at the time of payment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s7385s\u20133/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201ccovered spouse\u201d means a spouse of the employee who was married to the employee for at least one year immediately before the employee\u2019s death.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/d/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" The term \u201ccovered child\u201d means a child of the employee who, as of the employee\u2019s death\u2014"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20133/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" had not attained the age of 18 years;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20133/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" had not attained the age of 23 years and was a full-time student who had been continuously enrolled as a full-time student in one or more educational institutions since attaining the age of 18 years; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s7385s\u20133/d/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" had been incapable of self-support.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s7385s\u20133/d/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201cchild\u201d includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}