117 STAT. 642
PUBLIC LAW 108–20—APR. 30, 2003
be secondary to any obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer) under any other provision of law or contractual agreement, to pay for or provide such services or benefits. 42 USC 239d.
‘‘SEC. 265. COMPENSATION FOR LOST EMPLOYMENT INCOME.
‘‘(a) IN GENERAL.—Subject to the succeeding provisions of this section, the Secretary shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in subsection (b). ‘‘(b) AMOUNT OF COMPENSATION.— ‘‘(1) IN GENERAL.—Compensation under subsection (a) shall 2⁄3 percent of the relevant pay period be at the rate of 66 (weekly, monthly, or otherwise), except as provided in paragraph (2). ‘‘(2) AUGMENTED COMPENSATION FOR DEPENDENTS.—If an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in para1⁄3 percent. graph (1) shall be augmented at the rate of 8 ‘‘(3) CONSIDERATION OF OTHER PROGRAMS.— ‘‘(A) IN GENERAL.—The Secretary may consider the provisions of sections 8114, 8115, and 8146a of title 5, United States Code, and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary. ‘‘(B) MINORS.—With respect to an eligible individual who is a minor, the Secretary may consider the provisions of section 8113 of title 5, United States Code, and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary. ‘‘(4) TREATMENT OF SELF-EMPLOYMENT INCOME.—For purposes of this section, the term ‘employment income’ includes income from self-employment. ‘‘(c) LIMITATIONS.— ‘‘(1) BENEFITS SECONDARY TO OTHER COVERAGE.— ‘‘(A) IN GENERAL.—Any compensation under subsection (a) shall be secondary to the obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer), under any other law or contractual agreement, to pay compensation for loss of employment income or to provide disability or retirement benefits. ‘‘(B) RELATION TO OTHER OBLIGATIONS.—Compensation under subsection (a) shall not be made to an eligible individual to the extent that the total of amounts paid to the individual under such subsection and under the other obligations referred to in subparagraph (A) is an amount that exceeds the rate specified in subsection (b)(1). If under any such other obligation a lump-sum payment is made, such payment shall, for purposes of this paragraph, be deemed to be received over multiple years rather than
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