§ 3973. — Death gratuities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3973]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER IV--COMPENSATION
Sec. 3973. Death gratuities
(a) Criteria; amount; payment deemed gift
The Secretary may provide for payment of a gratuity to the surviving
dependents of any Foreign Service employee, who dies as a result of
injuries sustained in the performance of duty abroad, in an amount equal
to one year's salary at the time of death. Any death gratuity payment
made under this section shall be held to have been a gift and shall be
in addition to any other benefit payable from any source.
(b) Eligibility to elect monthly compensation as condition to payment
A death gratuity payment shall be made under this section only if
the survivor entitled to payment under subsection (c) of this section is
entitled to elect monthly compensation under section 8133 of title 5,
because the death resulted from an injury (excluding a disease
proximately caused by the employment) sustained in the performance of
duty, without regard to whether such survivor elects to waive
compensation under such section 8133.
(c) Order of payment
A death gratuity payment under this section shall be made as
follows:
(1) First, to the widow or widower.
(2) Second, to the child, or children in equal shares, if there
is no widow or widower.
(3) Third, to the dependent parent, or dependent parents in
equal shares, if there is no widow, widower, or child.
If there is no survivor entitled to payment under this subsection, no
payment shall be made.
(d) Definitions
As used in this section--
(1) the term ``Foreign Service employee'' means any member of
the Service or United States representative to an international
organization or commission; and
(2) each of the terms ``widow'', ``widower'', ``child'', and
``parent'' shall have the same meaning given each such term by
section 8101 of title 5.
(Pub. L. 96-465, title I, Sec. 413, Oct. 17, 1980, 94 Stat. 2092.)
Section Referred to in Other Sections
This section is referred to in title 10 section 1489; title 50
section 403k.
