113 HR 5721 IH: Overseas Security Personnel Fairness Act U.S. House of Representatives 2014-11-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 113th CONGRESS 2d Session H. R. 5721 IN THE HOUSE OF REPRESENTATIVES November 17, 2014 Mr. Lynch introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Defense Base Act (42 U.S.C. 1651 et seq.) to require death benefits to be paid to a deceased employee’s designated beneficiary or next of kin in the case of death resulting from a war-risk hazard or act of terrorism occurring on or after September 11, 2001.
1.
Short title
This Act may be cited as the Overseas Security Personnel Fairness Act.
2.
Defense Base Act amendments relating to death benefits
The Defense Base Act (42 U.S.C. 1651 et seq.) is amended by adding at the end the following new section:
6.
Death benefits
(a)
In general
In the case of a person covered by this Act who dies as a result of a war-risk hazard or act of terrorism, if there is no person eligible for a death benefit of the deceased under section 9 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 909), then the benefits provided under section 9(b) of such Act to a widow or widower of the deceased shall be paid— (1)to a beneficiary designated by the deceased; or (2)if there is no designated beneficiary, to the next of kin or the estate of the deceased under applicable State law. (b)
Payment of benefits
Benefits found to be due under this section shall be paid from the compensation fund established pursuant to section 8147 of title 5, United States Code. (c)
War-Risk hazard defined
In this section, the term war-risk hazard has the meaning provided in section 201(b) of the War Hazards Compensation Act (42 U.S.C. 1711(b)). (d)
Effective date
The death benefit payable under this section shall apply with respect to deaths occurring on or after September 11, 2001.
.