S. 3487 — what changed

“5571. Employee death gratuity payments

“(a) Definition

“(1) In general—Notwithstanding section 5561(2), in this section, the term employee means an individual who has been determined by the Secretary of Labor to be an employee within the meaning of section 8101(1).

“(2) Exclusive authority—A determination described in paragraph (1) may be made only by the Secretary of Labor.

“(b) Gratuity

“(1) In general—With respect to the death of an employee occurring on or after the date of enactment of this section, notwithstanding section 8116, and in addition to any payment made under subchapter I of chapter 81, the head of the agency employing the employee shall pay from appropriations made available for salaries and expenses of that agency a death gratuity to the person identified under subsection (c)(2), if the death of the employee—

“(A) results from injury sustained while in the line of duty of the employee; and

“(B) is not—

“(i) caused by willful misconduct of the employee;

“(ii) caused by the intention of the employee to bring about the injury or death of the employee or another; or

“(iii) proximately caused by the intoxication of the injured employee.

“(2) Amount

“(A) In general—Except as provided in subparagraph (B), the amount of a death gratuity paid under paragraph (1) with respect to an employee shall be $100,000, as adjusted each March 1 by the amount determined by the Secretary of Labor to represent the percentage change in the Consumer Price Index for All Urban Consumers (all items; United States city average) published for December of the preceding year over that Index published for the December of the year prior to the preceding year, adjusted to the nearest 1/10 of 1 percent.

“(B) Local compensation plans—For an employee compensated under a local compensation plan established under section 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968), the amount of a death gratuity paid under paragraph (1) with respect to the employee shall be in an amount determined in rules issued by the Secretary of State.

“(c) Recipient of payment

“(1) Definition—In this subsection, the term child—

“(A) includes—

“(i) a natural child; and

“(ii) an adopted child; and

“(B) does not include a stepchild.

“(2) Order of precedence—A death gratuity paid under subsection (b) with respect to an employee shall be paid in the following order of precedence:

“(A)

“(i) To the beneficiary designated to receive the gratuity by the employee in a signed and witnessed writing that is received by the agency employing the employee before the date of the death of the employee.

“(ii) A designation, change, or cancellation of beneficiary in a will, or another document not described in clause (i), shall have no force or effect for the purposes of that clause.

“(B) If there is no beneficiary described in subparagraph (A), to the surviving spouse of the employee.

“(C) If neither subparagraph (A) nor (B) applies, to the children of the employee (including the descendant of any deceased child by representation) such that each such child receives an equal amount of the gratuity.

“(D) If none of subparagraph (A), (B), or (C) applies, to the surviving parents of the employee such that each such surviving parent receives an equal amount of the gratuity.

“(E) If none of subparagraphs (A) through (D) applies, to the duly appointed executor or administrator of the estate of the employee.

“(F) If none of subparagraphs (A) through (E) applies, to the person entitled, under the laws of the State in which the employee is domiciled, as of the date on which the employee dies, to receive the payment.”

“(K) section 5571, relating to death gratuities resulting from an injury sustained in the line of duty.”

Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is amended—

“(b) Executive agencies—The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the surviving beneficiaries of—

“(1) any employee of that agency who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207; or

“(2) an individual in a special category serving in an uncompensated capacity for that agency abroad in support of a diplomatic mission, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad.”

“(d) Eligibility under chapter 81 of title 5, United States Code—A death gratuity payment shall be made under this section only if the death is determined by the Secretary of Labor to have resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty under section 8102 of title 5, United States Code.”

removed “(e) Offset—For deaths occurring on or after the date of enactment of this subsection, the death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 5571 of title 5, United States Code, based on the same death.”

added “(e) Offset—For deaths occurring on or after the date of enactment of this subsectionthe Honoring Civil Servants Killed in the Line of Duty Act, the death gratuity payable under this section shall be reduced by the amount of any death gratuity provided under section 5571 of title 5, United States Code, based on the same death.”

“(2) the term surviving beneficiaries means the person or persons identified pursuant to the order of precedence established under section 5571(c)(2) of title 5, United States Code.”