
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC707]

 
                          TITLE 14--COAST GUARD
 
               PART II--COAST GUARD RESERVE AND AUXILIARY
 
                     CHAPTER 21--COAST GUARD RESERVE
 
                              SUBCHAPTER A
 
                                 general
 
Sec. 707. Temporary members of the Reserve; disability or death 
        benefits
        
    (a) If a temporary member of the Reserve is physically injured, or 
dies as a result of physical injury, and the injury is incurred incident 
to service while performing active duty, or engaged in authorized travel 
to or from that duty, the law authorizing compensation for employees of 
the United States suffering injuries while in the performance of their 
duties, applies, subject to this section. That law shall be administered 
by the Secretary of Labor to the same extent as if the member was a 
civil employee of the United States and was injured in the performance 
of that duty. For benefit computation, regardless of pay or pay status, 
the member is considered to have had monthly pay of the monthly 
equivalent of the minimum rate of basic pay in effect for grade GS-9 of 
the General Schedule on the date the injury is incurred.
    (b) This section does not apply if the workmen's compensation law of 
a State, a territory, or another jurisdiction provides coverage because 
of a concurrent employment status of the temporary member. When the 
temporary member or a dependent is entitled to a benefit under this 
section and also to a concurrent benefit from the United States on 
account of the same disability or death, the temporary member or 
dependent, as appropriate, shall elect which benefit to receive.
    (c) If a claim is filed under this section with the Secretary of 
Labor for benefits because of an alleged injury or death, the Secretary 
of Labor shall notify the Commandant who shall direct an investigation 
into the facts surrounding the alleged injury or death. The Commandant 
shall then certify to the Secretary of Labor whether or not the injured 
or deceased person was a temporary member of the Reserve, the person's 
military status, and whether or not the injury or death was incurred 
incident to military service.
    (d) A temporary member of the Reserve, who incurs a physical 
disability or contracts sickness or disease while performing a duty to 
which the member has been assigned by competent authority, is entitled 
to the same hospital treatment afforded a member of the Regular Coast 
Guard.
    (e) In administering section 8133 of title 5, for a person covered 
by this section--
        (1) the percentages applicable to payments under that section 
    are--
            (A) 45 percent under subsection (a)(2) of that section, 
        where the member died fully or currently insured under title II 
        of the Social Security Act (42 U.S.C. 401 et seq.), with no 
        additional payments for a child or children so long as the widow 
        or widower remains eligible for payments under that subsection;
            (B) 20 percent under subsection (a)(3) of that section, for 
        one child, and 10 percent additional for each additional child, 
        not to exceed a total of 75 percent, where the member died fully 
        or currently insured under title II of the Social Security Act; 
        and
            (C) 25 percent under subsection (a)(4) of that section, if 
        one parent was wholly dependent for support upon the deceased 
        member at the time of the member's death and the other was not 
        dependent to any extent; 16 percent to each if both were wholly 
        dependent; and if one was, or both were, partly dependent, a 
        proportionate amount in the discretion of the Secretary of 
        Labor;

        (2) payments may not be made under subsection (a)(5) of that 
    section; and
        (3) the Secretary of Labor shall inform the Commissioner of 
    Social Security whenever a claim is filed and eligibility for 
    compensation is established under subsection (a)(2) or (a)(3) of 
    section 8133 of title 5. The Commissioner of Social Security shall 
    then certify to the Secretary of Labor whether or not the member 
    concerned was fully or currently insured under title II of the 
    Social Security Act at the time of the member's death.

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1004; amended Pub. 
L. 97-136, Sec. 8(a), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97-295, 
Sec. 2(21), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 103-296, title I, 
Sec. 108(g), Aug. 15, 1994, 108 Stat. 1487.)

                       References in Text

    The law authorizing compensation for employees of the United States, 
referred to in subsec. (a), appears in subchapter I (Sec. 8101 et seq.) 
of chapter 81 of Title 5, Government Organization and Employees.
    The General Schedule, referred to in subsec. (a), is set out under 
section 5332 of Title 5.
    The Social Security Act, referred to in subsec. (e)(1)(A), (B), (3), 
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the 
Social Security Act is classified generally to subchapter II (Sec. 401 
et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see section 1305 of 
Title 42 and Tables.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 760 of this title prior to the complete revision of this chapter 
by Pub. L. 96-322.


                               Amendments

    1994--Subsec. (e)(3). Pub. L. 103-296 substituted ``Commissioner of 
Social Security'' for ``Secretary of Health and Human Services'' in two 
places.
    1982--Subsec. (e)(1). Pub. L. 97-295, Sec. 2(21)(A), substituted 
``percent'' for ``per centum'' wherever appearing.
    Subsec. (e)(1)(A). Pub. L. 97-295, Sec. 2(21)(B), inserted ``(42 
U.S.C. 401 et seq.)'' after ``Social Security Act''.
    1981--Subsec. (a). Pub. L. 97-136 substituted ``monthly pay of the 
monthly equivalent of the minimum rate of basic pay in effect for grade 
GS-9 of the General Schedule on the date the injury is incurred'' for 
``monthly pay of $600''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title 
42, The Public Health and Welfare.


                    Effective Date of 1981 Amendment

    Section 8(b) of Pub. L. 97-136 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply only with respect 
to payments for benefits under section 707(a) of title 14, United States 
Code, for months beginning on or after the date of the enactment of this 
Act [Dec. 29, 1981].''
