---
kind: "section"
citation: "5 U.S.C. § 8109"
title: "5"
title_heading: "Government Organization and Employees"
number: "8109"
heading: "Beneficiaries of awards unpaid at death; order of precedence"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8109"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8109. Beneficiaries of awards unpaid at death; order of precedence

- (a) If an individual—
  - (1) has sustained disability compensable under [section 8107(a) of this title](/usc/5/8107.md?p=a);
  - (2) has filed a valid claim in his lifetime; and
  - (3) dies from a cause other than the [injury](/usc/5/8101.md?p=5) before the end of the period specified by the schedule;

  the [compensation](/usc/5/8101.md?p=12) specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid—

  - (A) under an award made before or after the death;
  - (B) for the period specified by the schedule;
  - (C) to and for the benefit of the [persons](/usc/5/7103.md?p=a-1) then in being within the classes and proportions and on the conditions specified by this section; and
  - (D) in the following order of precedence:
    - (i) If there is no [child](/usc/5/8101.md?p=9), to the [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11).
    - (ii) If there are both a [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) and a [child](/usc/5/8101.md?p=9) or children, one-half to the [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11) and one-half to the [child](/usc/5/8101.md?p=9) or children.
    - (iii) If there is no [widow](/usc/5/8101.md?p=6) or [widower](/usc/5/8101.md?p=11), to the [child](/usc/5/8101.md?p=9) or children.
    - (iv) If there is no [survivor](/usc/5/8401.md?p=28) in the above classes, to the [parent](/usc/5/8101.md?p=7) or [parents](/usc/5/8101.md?p=7) wholly or partly [dependent](/usc/5/8951.md?p=2) for support on the decedent, or to other wholly [dependent](/usc/5/8951.md?p=2) relatives listed by [section 8133(a)(5) of this title](/usc/5/8133.md?p=a-5), or to both in proportions provided by regulation.
    - (v) If there is no [survivor](/usc/5/8401.md?p=28) in the above classes and no burial allowance is payable under [section 8134 of this title](/usc/5/8134.md), an amount not exceeding that which would be expendable under [section 8134 of this title](/usc/5/8134.md) if applicable shall be paid to reimburse a [person](/usc/5/7103.md?p=a-1) equitably entitled thereto to the extent and in the proportion that he has paid the burial expenses, but a compensated insurer or other [person](/usc/5/7103.md?p=a-1) obligated by law or contract to [pay](/usc/5/7511.md?p=a-4) the burial expenses or a [State](/usc/5/8521.md?p=a-3) or political subdivision or entity is deemed not equitably entitled.
- (b) Payments under [subsection (a)](#a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of [compensation](/usc/5/8101.md?p=12) for permanent disability specified by [section 8107(a) of this title](/usc/5/8107.md?p=a) even if at the time of death the individual was entitled to the augmented rate specified by [section 8110 of this title](/usc/5/8110.md).
- (c) A surviving beneficiary under [subsection (a)](#a) of this section, except one under [subsection (a)(D)(v)](#a-D-v), does not have a vested right to payment and must be alive to receive payment.
- (d) A beneficiary under [subsection (a)](#a) of this section, except one under [subsection (a)(D)(v)](#a-D-v), ceases to be entitled to payment on the happening of an event which would terminate his right to [compensation](/usc/5/8101.md?p=12) for death under [section 8133 of this title](/usc/5/8133.md). When that entitlement ceases, [compensation](/usc/5/8101.md?p=12) remaining unpaid under [subsection (a)](#a) of this section is payable to the surviving beneficiary in accordance with [subsection (a)](#a) of this section.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, § 1(52), Sept. 11, 1967, 81 Stat. 210.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| 1966 Act |  |  |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 755(d). | Oct. 14, 1949, ch. 691, § 104 “Sec. 5(d)”, 63 Stat. 857. |

The references in former section 755(d) to definitions in former section 760(B), (H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter.

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) |
| 8109(a)(1) | 5 App.: 755(d)(1). | July 4, 1966, Pub. L. 89–488, § 2(d), 80 Stat. 252. |

### Statutory Notes and Related Subsidiaries

### Personnel Not Affected by 1967 Increase

Increases authorized under amendment by 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.