118 STAT. 2180 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(ii) $15,000 multiplied by the number referred to in clause (iii)(II) of subparagraph (A). ‘‘(b) DETERMINATION OF MINIMUM IMPAIRMENT RATING.—For purposes of subsection (a), a minimum impairment rating shall be determined in accordance with the American Medical Associa tion’s Guides to the Evaluation of Permanent Impairment. ‘‘SEC. 3674. COMPENSATION SCHEDULE FOR SURVIVORS. ‘‘(a) CATEGORIES OF COMPENSATION.—The amount of contractor employee compensation under this subtitle for the survivor of a covered DOE contractor employee shall be determined as follows: ‘‘(1) CATEGORY ONE.—The survivor shall receive the amount of $125,000, if the Secretary determines that— ‘‘(A) the employee would have been entitled to com pensation under section 3675 for a covered illness; and ‘‘(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. ‘‘(2) CATEGORY TWO.—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), during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Depart ment of Energy facility, the employee’s annual wage did not exceed 50 percent of the average annual wage of that employee, as determined under section 3673(a)(2)(A)(ii). ‘‘(3) CATEGORY THREE.—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), during which, as the result of any covered illness con tracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage did not exceed 50 percent of the average annual wage of that employee, as determined under section 3673(a)(2)(A)(ii). ‘‘(b) ONE AMOUNT ONLY.—The survivor of a covered DOE con tractor employee to whom more than one amount under subsection (a) applies shall receive only the highest such amount. ‘‘(c) DETERMINATION AND ALLOCATION OF SHARES.—The amount under subsection (a) shall be paid only as follows: ‘‘(1) If a covered spouse is alive at the time of payment, such payment shall be made to such surviving spouse. ‘‘(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. ‘‘(3) Notwithstanding the other provisions of this sub section, if there is— ‘‘(A) a covered spouse described in paragraph (1); and ‘‘(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, then half of such payment shall be made to such covered spouse, and the other half of such payment shall be made 42 USC 7385s–3.
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