42 U.S.C. § 1652 | Computation of benefits; application to aliens and nonnationals

(a)

section 906(b) of title 33 section 909(e) of title 33 The minimum limit on weekly compensation for disability, established by , and the minimum limit on the average weekly wages on which death benefits are to be computed, established by , shall not apply in computing compensation and death benefits under this chapter.

(b)

section 908(c)(21) of title 33 Compensation for permanent total or permanent partial disability under , or for death under this chapter to aliens and nonnationals of the United States not residents of the United States or Canada shall be in the same amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children, or if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one year immediately prior to the date of the injury, and except that the Secretary of Labor may, at his option or upon the application of the insurance carrier shall, commute all future installments of compensation to be paid to such aliens or nonnationals of the United States by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the Secretary.

Aug. 16, 1941, ch. 357, § 2 55 Stat. 623 July 16, 194660 Stat. 1095 May 24, 195064 Stat. 1271 Pub. L. 98–426, § 27(d)(2)Sept. 28, 198498 Stat. 1654 (, ; 1946 Reorg. Plan No. 2, § 3, eff. , 11 F.R. 7873, ; 1950 Reorg. Plan No. 19, § 1, eff. , 15 F.R. 3178, ; , , .)

Editorial Notes

Amendments

Pub. L. 98–4261984—Subsecs. (a), (b). substituted references to sections of the Longshore and Harbor Workers’ Compensation Act for sections of the Longshoremen’s and Harbor Workers’ Compensation Act, which references have been translated to sections of title 33, thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–426Sept. 28, 1984section 28(e)(1) of Pub. L. 98–426 section 901 of Title 33Amendment by effective , see , set out as a note under , Navigation and Navigable Waters.

Executive Documents

Transfer of Functions

May 24, 195064 Stat. 1271 “Secretary of Labor” and “Secretary” substituted for “Federal Security Administrator” and “Administrator”, respectively, in subsec. (b), pursuant to Reorg. Plan No. 19 of 1950, § 1, eff. , 15 F.R. 3178, , which transferred functions of Federal Security Administrator to Secretary of Labor.

July 16, 194660 Stat. 1095 Previously, “Federal Security Administrator” and “Administrator” substituted for “United States Employees’ Compensation Commission” and “Commission” pursuant to Reorg. Plan No. 2 of 1946, § 3, eff. , 11 F.R. 7873, , which abolished United States Employees’ Compensation Commission and transferred its functions to Federal Security Administrator.