Page:United States Statutes at Large Volume 63 Part 1.djvu/900

This page needs to be proofread.


PUBLIC LAWS-CH. 691-OCT. 14 , 1949 instrumentality, on account of such injury or death, in any direct judicial proceedings in a civil action or in admiralty, or by proceed- ings, whether administrative or judicial, under any other workmen's Nonapplicability. compensation law or under any Federal tort liability statute: Pro- vided, however, That this subsection shall not apply to a master or a member of the crew of any vessel." SEC. 202. (a) Section 9 of the Federal Employees' Compensation 39Stat.74. Act, as amended (5 U. S. C., 1946 edition, sec. 759), is amended by inserting before the first sentence thereof the designation "(a)" and by adding at the end of such section a new subsection reading as follows: Vooato- rehabili- "(b) The Administrator may direct any permanently disabled individual whose disability is compensable under this Act to undergo vocational rehabilitation and shall make provision for furnishing vocational rehabilitation services in such cases. In providing for such services, the Administrator shall, insofar as practicable, utilize the services or facilities of State agencies (or corresponding agencies in Territories or possessions) cooperating with him in carrying out 40 stat. 617; 41 Stat. the purposes of the Vocational Rehabilitation Act, as amended, except 29U.S. . 31-44 . to the extent that the Administrator provides for furnishing such Payment for erv- services under subsection (a) of this section. The cost of providing such services to individuals undergoing vocational rehabilitation pur- suant to such direction shall be paid from the employees' compen- sation fund, except that in reimbursing any State agency (or corresponding agency of a Territory or possession) under any arrangement pursuant to this subsection there shall be excluded any cost to such agency reimbursable in full under section 3 (a) (4) of 7Stat 33 (a) the Vocational Rehabilitation Act, as amended." U.S.C.ts3(a) st 73 (b) Section 9 of the Federal Employees' Compensation Act, as so uU. s. c. a 759. amended, is further amended by inserting immediately before the last iti medical, etc. sentence of subsection (a) of such section the following: "The Admin- istrator may, under such limitations or conditions as he shall deem necessary, authorize employing establishments of the United States to provide for the initial furnishing of medical and other benefits under this section, and the Administrator may certify for payment out of the Employees' Compensation Fund vouchers for expenses thus incurred for such benefits, upon certification by the person 39 Stat. 747. required by section 24 to make reports of injury that the expense was incurred in respect to injury which was accepted by the employing establishment as probably compensable under this Act. The form and content of such certification shall be prescribed by the Administrator." COMPUTATION OF PAY SEC. 203. Section 12 of the Federal Employees' Compensation Act 39 BSt.7 (5 U. S . C ., 1946 edition, sec. 762) is amended to read as follows: "SEC. 12. (a) In computing monetary compensation for disability or death upon the basis of monthly pay, such pay shall be determined in accordance with the provisions of this section. qSustens. e and "(b) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated Beio in money shall be included as part of the pay. Overtime pay, or additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstance, or bonus or premium pay for extraordinary service (including amounts paid as bonus for particularly hazardous service in time of war) " Ovctime shall not be taken into account. The term 'overtime pay', as used in this subsection, means pay for hours of service in excess of those of a statutory or other basic workweek, or other basic unit of work time, 862 [63 STAT.