---
kind: "section"
citation: "42 U.S.C. § 7385s–3"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7385s–3"
heading: "Compensation schedule for survivors"
release: "119-102"
url: "https://uscodex.org/usc/42/7385s-3"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter XVI — Energy Employees Occupational Illness Compensation Program"
  - "Part E — Contractor Employee Compensation"
---

# §7385s–3. Compensation schedule for survivors

- (a) **Categories of compensation—** The amount of contractor [employee](/usc/42/1320a–7h.md?p=e-7) compensation under this part for the survivor of a [covered DOE contractor employee](/usc/42/7385s.md?p=1) shall be determined as follows:
  - (1) **Category one—** The survivor shall receive the amount of $125,000, if the [Secretary](/usc/42/7385s.md?p=3) determines that—
    - (A) the [employee](/usc/42/1320a–7h.md?p=e-7) would have been entitled to compensation under [section 7385s–4 of this title](/usc/42/7385s–4.md) for a [covered illness](/usc/42/7385s.md?p=2); and
    - (B) it is at least as likely as not that exposure to a toxic substance at a [Department of Energy facility](/usc/42/7384l.md?p=12) was a significant factor in aggravating, contributing to, or causing the death of such [employee](/usc/42/1320a–7h.md?p=e-7).
  - (2) **Category two—** The survivor shall receive the amount of $150,000, if [paragraph (1)](#a-1) applies to the [employee](/usc/42/1320a–7h.md?p=e-7) and the [Secretary](/usc/42/7385s.md?p=3) also determines that there was an aggregate period of not less than 10 years, before the [employee](/usc/42/1320a–7h.md?p=e-7) attained normal retirement age (for purposes of the Social Security Act [[42 U.S.C. 301](/usc/42/301.md) et seq.]), during which, as the result of any [covered illness](/usc/42/7385s.md?p=2) contracted by that [employee](/usc/42/1320a–7h.md?p=e-7) through exposure to a toxic substance at a [Department of Energy facility](/usc/42/7384l.md?p=12), the [employee](/usc/42/1320a–7h.md?p=e-7)’s annual wage did not exceed 50 percent of the average annual wage of that [employee](/usc/42/1320a–7h.md?p=e-7), as determined under [section 7385s–2(a)(2)(A)(ii) of this title](/usc/42/7385s–2.md?p=a-2-A-ii).
  - (3) **Category three—** The survivor shall receive the amount of $175,000, if [paragraph (1)](#a-1) applies to the [employee](/usc/42/1320a–7h.md?p=e-7) and the [Secretary](/usc/42/7385s.md?p=3) also determines that there was an aggregate period of not less than 20 years, before the [employee](/usc/42/1320a–7h.md?p=e-7) attained normal retirement age (for purposes of the Social Security Act [[42 U.S.C. 301](/usc/42/301.md) et seq.]), during which, as the result of any [covered illness](/usc/42/7385s.md?p=2) contracted by that [employee](/usc/42/1320a–7h.md?p=e-7) through exposure to a toxic substance at a [Department of Energy facility](/usc/42/7384l.md?p=12), the [employee](/usc/42/1320a–7h.md?p=e-7)’s annual wage did not exceed 50 percent of the average annual wage of that [employee](/usc/42/1320a–7h.md?p=e-7), as determined under [section 7385s–2(a)(2)(A)(ii) of this title](/usc/42/7385s–2.md?p=a-2-A-ii).
- (b) **One amount only—** The survivor of a [covered DOE contractor employee](/usc/42/7385s.md?p=1) to whom more than one amount under [subsection (a)](#a) applies shall receive only the highest such amount.
- (c) **Determination and allocation of shares—** The amount under [subsection (a)](#a) shall be paid only as follows:
  - (1) If a [covered spouse](#d-1) is alive at the time of payment, such payment shall be made to such surviving spouse.
  - (2) If there is no [covered spouse](#d-1) described in [paragraph (1)](#c-1), such payment shall be made in equal shares to all covered children who are alive at the time of payment.
  - (3) Notwithstanding the other provisions of this subsection, if there is—
    - (A) a [covered spouse](#d-1) described in [paragraph (1)](#c-1); and
    - (B) at least one [covered child](#d-2) of the [employee](/usc/42/1320a–7h.md?p=e-7) who is living at the time of payment and who is not a recognized natural [child](#d-3) or adopted [child](#d-3) of such [covered spouse](#d-1),

    then half of such payment shall be made to such [covered spouse](#d-1), and the other half of such payment shall be made in equal shares to each [covered child](#d-2) of the [employee](/usc/42/1320a–7h.md?p=e-7) who is living at the time of payment.

- (d) **Definitions—** In this section:
  - (1) The term “covered spouse” means a spouse of the [employee](/usc/42/1320a–7h.md?p=e-7) who was married to the [employee](/usc/42/1320a–7h.md?p=e-7) for at least one year immediately before the [employee](/usc/42/1320a–7h.md?p=e-7)’s death.
  - (2) The term “covered child” means a [child](#d-3) of the [employee](/usc/42/1320a–7h.md?p=e-7) who, as of the [employee](/usc/42/1320a–7h.md?p=e-7)’s death—
    - (A) had not attained the age of 18 years;
    - (B) had not attained the age of 23 years and was a full-time student who had been continuously enrolled as a full-time student in one or more educational institutions since attaining the age of 18 years; or
    - (C) had been incapable of self-support.
  - (3) The term “child” includes a recognized natural child, a stepchild who lived with an individual in a regular [parent](/usc/42/1396a.md?p=k-3)-child relationship, and an adopted child.

## Source credit

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3674], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2180.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (a)(2), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.