5 U.S.C. § 8112

Maximum and minimum monthly payments

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(a) Except as provided by section 8138 of this title, the monthly rate of compensation for disability, including augmented compensation under section 8110 of this title but not including additional compensation under section 8111 of this title, may not be more than 75 percent of the monthly pay of the maximum rate of basic pay for GS–15, and in case of total disability may not be less than 75 percent of the monthly pay of the minimum rate of basic pay for GS–2 or the amount of the monthly pay of the employee, whichever is less.(b) The provisions of subsection (a) shall not apply to any employee whose disability is a result of an assault which occurs during an assassination or attempted assassination of a Federal official described under section 351(a) or 1751(a) of title 18, and was sustained in the performance of duty.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90–83, § 1(55), Sept. 11, 1967, 81 Stat. 210; Pub. L. 100–566, § 5, Oct. 31, 1988, 102 Stat. 2845.)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 756(c).	Oct. 14, 1949, ch. 691, § 105 “Sec. 6(c)”, 63 Stat. 859.
		Sept. 13, 1960, Pub. L. 86–767, § 101 (last 13 words), 74 Stat. 906.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1967 Act
Section of title 5	Source (U.S.Code)	Source (Statutes at Large)
8112	5 App.: 756(c).	July 4, 1966, Pub. L. 89–488, § 3(b), 80 Stat. 252.

The words “maximum rate of basic pay for GS–15” and “minimum rate of basic pay for GS–2” are substituted for “highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949” and “lowest rate of basic compensation provided for grade 2 by such General Schedule”, respectively, for consistency of style within title 5 and to reflect the codification of the Classification Act of 1949 in title 5.

Editorial NotesAmendments

1988—Pub. L. 100–566 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesPersonnel Not Affected by 1967 Increase

Increases authorized under amendment by section 1(55) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.

Notes of Decisions

Cited in 2 cases, 2002–2007 · leading case: Morris v. Roche, 182 F. Supp. 2d 1260 (M.D. Ga. 2002).

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Morris v. Roche, 182 F. Supp. 2d 1260 (M.D. Ga. 2002). “See 5 U.S.C.A. § 8112 (a). A plaintiff proceeding under § 501 of the Rehabilitation Act, however, is entitled to the same remedies as are set forth in § 717 of the Civil Rights Act of 1964, including 100% of back pay, see 42 U.”

Smith v. Nicholson, 516 F. Supp. 2d 832 (S.D. Tex. 2007). “” 5 U.S.C. § 8112 . The statute states: The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is— (1) caused by…”

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