86th Congress, S. 3416 September 8, 1960 AN ACT To provide for the restoration to the United States of amounts expended in the District of Columbia in carrying out the Temporary Unemployment Compensation Act of 1958. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary D. C. Unemployof the Treasury is authorized and directed to transfer from the account ment Compensaof the District of Columbia in the Unemployment Trust Fund in the tion. Treasury of the United States to the United States, an amount equal Funds restored to to the amount of temporary unemployment compensation paid in the District of Columbia under the Temporary Unemployment Compensa- 72 Stat. 171. tion Act of 1958 (except amounts paid to individuals who exhausted 42 USC 1400 note. their unemployment compensation under title XV of the Social Secu- 68 Stat. 1130. rity Act and title IV of the Veterans Readjustment Assistance Act of 42 USC 1361 1952, prior to their making their first claim under the Temporary Stat. 684; Unemployment Compensation Act of 1958), whenever such amount has 72 Stat. 1216. been determined with respect to the District of Columbia, but prior to 38 USC 2001-2009. December 1, 1963. et seq. 74 STAT. 876. SEC. 2. There is hereby appropriated, pursuant to section 14 of 74 STAT. 877. the District of Columbia Unemployment Compensation Act (49 Stat. 946, 954), as amended (sec. 46-314, D.C. Code, 1951 edition, supp. VII) from the moneys credited pursuant to section 903 of the Social Security Act (49 Stat. 640), as amended (68 Stat. 670; 42 U.S.C. 1958 ed., sec. 1103), to the account of the District of Columbia in the Unemployment Trust Fund in the Treasury of the United States, $150,000 or so much thereof as may be necessary to pay over to the United States an amount equal to the amount of costs incurred by the District Unemployment Compensation Board in the admin istration of the Temporary Unemployment Compensation Act of 72 Stat. 171. 1958. This amount shall be paid whenever such amount is deter- 42 USC 1400 note. mined but not later than two years from the date of the enactment of this appropriation. In any event this payment shall be made prior Columbia pursuant to section 903 of the Social Security Act during 68 Stat. 670. such fiscal year and the four preceding fiscal years exceeds (b) the 42 USC 1103. aggregate of the amounts obligated for administration and paid out for benefits and charged against the amounts credited to the account of the District of Columbia during such five fiscal years. SEC. 3. (a) There is hereby created a special fund in the Treasury Special Adminisof the United States, separate and apart from the District Unemploy- tration Fund. ment Fund, to be known as a Special Administration Fund. Not withstanding any contrary provisions of the District of Columbia 49 Stat. 946. Unemployment Compensation Act-(1) Interest and penalties col- D. C. Code 46lected from employers after the end of the month in which this Act is 325. enacted shall be deposited into the clearing account in the District Unemployment Fund in the Treasury of the United States for clearance only and shall not, except as provided in subsection (c), be deemed a part of the District Unemployment Fund; (2) thereafter, 49 Stat. 947. during each calendar quarter there shall be transferred from the clear- D. C. Code 46ing account to such Special Administration Fund all interest and pen- 302. alties collected from employers during the preceding calendar quarter; and (3) refunds of interest and penalties paid into the Special Administration Fund shall be made from such fund or, after such fund is discontinued as hereinafter provided, from the balance transferred from such fund to the clearing account in the District Unemployment Fund. 72 Stat. 173. 42 USC 14000. 49 Stat. 946, 947. D. C. Code 46302, 46-325. 74 STAT. 877. (b) The District Unemployment Compensation Board is authorized and directed to requisition from such Special Administration Fund an amount equal to the District's proportionate share of other costs incurred in the administration of the Temporary Unemployment Compensation Act of 1958 as prescribed in section 104(a) thereof, whenever such amount has been determined with respect to the District of Columbia and sufficient funds are available in such Special Administration Fund, and prior to December 1, 1963, to pay such amount to the United States. (c) Thereafter, and as soon as the amount in the Special Administration Fund exceeds $5,000, such amount shall be transferred to the clearing account in the District Unemployment Fund, such Special Administration Fund shall be discontinued, and all interest and penalties subsequently collected from employers shall be paid into the District Unemployment Fund as provided by the District of Columbia Unemployment Compensation Act. Approved September 8, 1960. 86th Congress, H. R. 12383 AN ACT 74 STAT. 906. To amend the Federal Employees' Compensation Act to make benefits more realistic in terms of present wage rates, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Federal Embe cited as the "Federal Employees' Compensation Act Amendments ployees Com of 1960". TITLE I-SUBSTANTIVE AMENDMENTS Increase in Minimum Compensation for Total Disability, Attendants, Allowance, Maintenance While Undergoing Vocational Rehabilitation pensation Act Amendments of 1960. SEC. 101. Section 6 of the Federal Employees' Compensation Act 63 Stat. 858. is amended by striking out "$75" in paragraph (1) of subsection (b) 5 USC 756. and inserting in lieu thereof "$125"; by striking out "$50" in paragraph (2) of subsection (b) and inserting in lieu thereof "$100"; by striking out "$112.50" in subsection (c) and inserting in lieu thereof "$180". Increase in Death Benefits SEC. 102. Section 10(K) of the Federal Employees' Compensation 5 USC 760. Act is amended by striking out "$150" and inserting in lieu thereof "$240". Increase in Burial Payments SEC. 103. Section 11 of the Federal Employees' Compensation Act 5 USC 761. is amended by striking out "$400" and inserting in lieu thereof "$800". Increase of Compensation Base Where Injury Occurred Before SEC. 104. Notwithstanding any other provision of this Act or the Federal Employees' Compensation Act, the monthly pay upon the 39 Stat. 742. basis of which compensation for disability or death is computed under 5 USC 751 the Federal Employees' Compensation Act shall be increased as fol- note. lows: If such employee's injury (or injury causing death) occurred before January 1, 1958, but after December 31, 1950, such eligible employee's "monthly pay" shall be increased by 10 percent; if such employee's injury (or injury causing death) occurred before January 1, 1951, but after December 31, 1945, such eligible employee's "monthly pay" shall be increased by 20 percent; if such employee's injury (or injury causing death) occurred before January 1, 1946, such eligible employee's "monthly pay" shall be increased by 30 percent: Provided, That nothing in this or any other Act of Congress shall be construed to make the increase in the monthly pay provided by this section applicable to military personnel, or to any person or employee not within the definition of section 40 (b) (1) or (2) of the Federal Employees' Compensation Act: Provided further, That this section shall not be 5 USC 790. construed to permit the amount of compensation on account of an employee's disability or death to be increased more than 10 percent if such injury (or injury causing death) occurred before January 1, 1958, but after December 31, 1950, nor more than 20 percent if such injury (or injury causing death) occurred before January 1, 1951, but after December 31, 1945, nor more than 30 percent if such injury (or injury causing death) occurred prior to January 1, 1946. 48 Stat. 351; 63 Stat. 868. 5 USC 755. 5 USC 757. Restriction on 74 STAT. 907. Liberalization of Minimum and Maximum Compensation for Emergency Relief Workers SEC. 105. The second proviso of the first section of the Act approved February 15, 1934 (5 U.S.C. 796) is amended by striking out $100" in clause (a) and inserting in lieu thereof "$150"; and by striking out "$75" in clause (b) and inserting in lieu thereof "$150". TITLE II-TECHNICAL AMENDMENTS Clarification of Scheduled Awards SEC. 201. The first sentence of section 5(a) of the Federal Employees' Compensation Act is amended by inserting after "body," the following: "regardless of whether the cause of such disability originates in a part of the body other than such member,". Eligibility For or Receipt of Benefits Earned Under Civil Service SEC. 202. Section 7(a) of the Federal Employees' Compensation "SEC. 7. (a) That as long as the employee is in receipt of comother payments. pensation under this Act, or, if he has been paid a lump sum in commutation of installment payments, until the expiration of the period during which such installment payments would have continued, he shall not receive from the United States any salary, pay, or remuneration whatsoever except in return for services actually performed, and except pensions for service in the Army or Navy of the United States: Provided, That eligibility for or receipt of benefits under the Civil Service Retirement Act shall in no way impair the employee's right to receive compensation for scheduled disabilities specified in section 5(a) of this Act: Provided further, That whenever any person is entitled to receive any benefits under this Act by reason of his injury, or by reason of the death of an employee, as defined in section 40, and is also entitled to receive from the United States any payments or benefits (other than the proceeds of any insurance policy), by reason of such injury or death under any other Act of Congress, because of service by him (or in the case of death, by the deceased) as an employee, as so defined, or because of service by him (or in the case of death, by the deceased) in the Armed Forces of the United States, such person shall elect which benefits he shall receive. Such election shall be made within one year after the injury or death, or such further time as the Administrator may for good cause allow, and when made shall be irrevocable unless otherwise provided by law." Election of 5 USC 759. Medical Care to Claimants Receiving Civil Service Annuity SEC. 203. The first sentence of section 9(a) of the Federal Employees' Compensation Act is amended by inserting after "arisen," the following: "and notwithstanding that the employee has accepted or is entitled to receive benefits under the Civil Service Retirement Act,". 74 STAT. 908. Considerations in Computation of Wage-Earning Capacity SEC. 204. Section 13(b) of the Federal Employees' Compensation 5 USC 763. Act is amended by striking out all that follows "his usual employment," and inserting in lieu of such matter stricken out the following: "his age, his qualifications for other employment, the availability of suitable employment, and any other factors or circumstances in the case which may affect his capacity to earn wages in his disabled condition." Notice of Injury and Claim for Compensation in Cases of Latent Disability SEC. 205. Section 20 of the Federal Employees' Compensation Act 5 USC 770. is amended by inserting immediately after the first sentence thereof the following: "In cases of latent disability due to radiation or other causes, the time for filing claim shall not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware of the causal relationship of the compensable disability to his employment: Provided, That the time for giving notice of injury in such cases shall begin to run as soon as the employee is aware, or in the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, regardless of whether or not there is a compensable disability." Report of Injuries SEC. 206. Section 24 of the Federal Employees' Compensation Act 5 USC 774. is amended by inserting "(a)" after "SEC. 24." and by adding at the end thereof the following: "(b) Whoever, being an officer or employee of the United States charged with the responsibility for making the reports specified in subsection (a), willfully fails, neglects, or refuses to make any such report or knowingly files a false report, or induces, compels, or directs an injured employee to forego filing of any claim for compensation or other benefits provided under this Act or any extension or application thereof, or willfully retains any notice, report, claim, or paper which is required to be filed under this Act or any extension or application thereof, or regulations promulgated thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned not more than one year, or both." Government Employees Required To Appear as Parties or Witnesses in the Prosecution of Third-Party Claims SEC. 207. The first paragraph of section 26 of the Federal Employees' Compensation Act is amended by adding at the end thereof 5 USC 776. the following: "Any employee who is required to appear as a party or witness in the prosecution of said action is, while so engaged, in an active duty status." Additional Method for Computing Compensation in Certain Cases SEC. 208. Section 40 (f) of the Federal Employees' Compensation 5 USC 790. Act is amended to read as follows: "(f) The term 'monthly pay' shall be taken to refer to the monthly pay at the time of the injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, |