§ 239d. 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) of this section.
(b)
Amount of compensation
(1)
In general
Compensation under subsection (a) of this section shall be at the rate of 662/3 percent of the relevant pay period (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 paragraph (1) shall be augmented at the rate of 81/3 percent.
(3)
Consideration of other programs
(B)
Minors
With respect to an eligible individual who is a minor, the Secretary may consider the provisions of section
8113 of title
5, and any implementing regulations, in determining the amount of payment under subsection (a) of this section and the circumstances under which such payments are reasonable and necessary.
(c)
Limitations
(1)
Benefits secondary to other coverage
(A)
In general
Any compensation under subsection (a) of this section 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) of this section 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) of this section. 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 received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years.
(2)
No benefits in case of death
No payment shall be made under subsection (a) of this section in compensation for loss of employment income subsequent to the receipt, by the survivor or survivors of an eligible individual, of benefits under section
239e of this title for death.
(3)
Limit on total benefits
(A)
In general
Except as provided in subparagraph (B)—
(i)
total compensation paid to an individual under subsection (a) of this section shall not exceed $50,000 for any year; and
(ii)
the lifetime total of such compensation for the individual may not exceed an amount equal to the amount authorized to be paid under section
239e of this title.
(4)
Waiting period
(5)
Termination of benefits
No payment shall be made under subsection (a) of this section in compensation for loss of employment income once the eligible individual involves [1] reaches the age of 65.
(d)
Benefit in addition to medical benefits
A benefit under subsection (a) of this section shall be in addition to any amounts received by an eligible individual under section
239c of this title.
[1] So in original. Probably should be “involved”.