U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 81— COMPENSATION FOR WORK INJURIES › Subchapter SUBCHAPTER III— LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES

5 U.S.C. § 8192

Benefits

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(a)Benefits in Event of Injury.—The Secretary of Labor shall furnish to any eligible officer the benefits to which he would have been entitled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had been an employee as defined in section 8101(1) engaged in the performance of his duty, reduced or adjusted as the Secretary of Labor in his discretion may deem appropriate to reflect comparable benefits, if any, received by the officer (or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that occasion. When an enforcement officer has contributed to a disability compensation fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of disability coverage for the individual officer.(b)Benefits in Event of Death.—The Secretary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the benefits to which that survivor would be entitled if the officer had been an employee as defined in section 8101(1) engaged in the performance of his duty on the occasion giving rise to his eligibility, and the comparable benefits, if any, received by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer’s actual employment on that occasion. When an enforcement officer has contributed to a survivor’s benefit fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of survivor’s benefits coverage for the individual officer.(Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 99.)Statutory Notes and Related SubsidiariesEffective Date

Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of Pub. L. 90–291, set out as a note under section 8191 of this title.

Notes of Decisions
Cited in 3 cases, 1979–1996 · leading case: City of Whittier (Subrogee of Charles Hoover) v. United States Dep't of Just. (Drug Enf't Admin.), Les Kinney, 598 F.2d 561 (9th Cir. 1979).
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City of Whittier (Subrogee of Charles Hoover) v. United States Dep't of Just. (Drug Enf't Admin.), Les Kinney, 598 F.2d 561 (9th Cir. 1979). · cites it 3× “A companion section, 5 U.S.C. § 8192 , provides that the benefits received should be reduced by the amount of benefits paid by state or local governmental sources, including workmen’s compensation benefits.”
Aponte v. US Dept. of Treasury, 940 F. Supp. 898 (E.D.N.C. 1996). “5 U.S.C. § 8192 (a). Instead of accepting FECA compensation, Aponte has filed suit under the Federal Torts Claims Act (hereinafter “FTCA”).”
Collins v. United States, 35 Fed. Cl. 620 (Fed. Cl. 1996). “See 5 U.S.C. § 8192 . Plaintiff argues that under section 8101 Special Agent Collins was a federal employee and thus applying section 8192, which falls under “Law Enforcement Officers Not Employed by the United States,” clearly violated the statute.”
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