[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR25.101]



[Page 71-72]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 25_Compensation for Disability and Death of Noncitizen Federal 

Employees Outside the United States--Table of Contents

 

             Subpart B_The Special Schedule of Compensation

 

Sec.  25.101  How is compensation for death paid?



    If the disability causes death, the compensation shall be payable in 

the amount and to or for the benefit of the following persons:

    (a) To the undertaker or person entitled to reimbursement, 

reasonable funeral expenses not exceeding $200.

    (b) To the surviving spouse, if there is no child, 35 percent of the 

monthly pay until his or her death or remarriage.

    (c) To the surviving spouse, if there is a child, the compensation 

payable under paragraph (b) of this section, and in addition thereto 10 

percent of the monthly wage for each child, not to exceed a total of 

66\2/3\ percent for such surviving spouse and children. If a child has a 

guardian other than the surviving spouse, the compensation payable on 

account of such child shall



[[Page 72]]



be paid to such guardian. The compensation of any child shall cease when 

he or she dies, marries or reaches the age of 18 years, or if over such 

age and incapable of self-support, becomes capable of self-support.

    (d) To the children, if there is no surviving spouse, 25 percent of 

the monthly pay for one child and 10 percent thereof for each additional 

child, not to exceed a total of 66\2/3\ percent thereof, divided among 

such children share and share alike. The compensation of each child 

shall be paid until he or she dies, marries or reaches the age of 18, or 

if over such age and incapable of self-support, becomes capable of self-

support. The compensation of a child under legal age shall be paid to 

its guardian, if there is one, otherwise to the person having the 

custody or care of such child, for such child, as the Director in his or 

her discretion shall determine.

    (e) To the parents, if one is wholly dependent for support upon the 

deceased employee at the time of his or her death and the other is not 

dependent to any extent, 25 percent of the monthly pay; if both are 

wholly dependent, 20 percent thereof to each; if one is or both are 

partly dependent, a proportionate amount in the discretion of the 

Director. The compensation to a parent or parents in the percentages 

specified shall be paid if there is no surviving spouse or child, but if 

there is a surviving spouse or child, there shall be paid so much of 

such percentages for a parent or parents as, when added to the total of 

the percentages of the surviving spouse and children, will not exceed a 

total of 66\2/3\ percent of the monthly pay.

    (f) To the brothers, sisters, grandparents and grandchildren, if one 

is wholly dependent upon the deceased employee for support at the time 

of his or her death, 20 percent of the monthly pay to such dependent; if 

more than one are wholly dependent, 30 percent of such pay, divided 

among such dependents share and share alike; if there is no one of them 

wholly dependent, but one or more are partly dependent, 10 percent of 

such pay divided among such dependents share and share alike. The 

compensation to such beneficiaries shall be paid if there is no 

surviving spouse, child or dependent parent. If there is a surviving 

spouse, child or dependent parent, there shall be paid so much of the 

above percentages as, when added to the total of the percentages payable 

to the surviving spouse, children and dependent parents, will not exceed 

a total of 66\2/3\ percent of such pay.

    (g) The compensation of each beneficiary under paragraphs (e) and 

(f) of this section shall be paid until he or she, if a parent or 

grandparent, dies, marries or ceases to be dependent, or, if a brother, 

sister or grandchild, dies, marries or reaches the age of 18 years, or 

if over such age and incapable of self-support, becomes capable of self-

support. The compensation of a brother, sister or grandchild under legal 

age shall be paid to his or her guardian, if there is one, otherwise to 

the person having the custody or care of such person, for such person, 

as the Director in his or her discretion shall determine.

    (h) Upon the cessation of any person's compensation for death under 

this subpart, the compensation of any remaining person entitled to 

continuing compensation in the same case shall be adjusted, so that the 

continuing compensation shall be at the same rate such person would have 

received had no award been made to the person whose compensation ceased.

    (i) In cases where there are two or more classes of persons entitled 

to compensation for death under this subpart, and the apportionment of 

such compensation as provided in this section would result in injustice, 

the Director may in his or her discretion modify the apportionments to 

meet the requirements of the case.